From the Judgement
"The Road Safety Audits
[13] At specified stages during the design and installation of the Tram, the defenders
commissioned reports from independent consultants to conduct a safety audit, known as Road Safety Audits (“RSAs”) of the Tram. The Stage 2 RSA was conducted in May 2008
(“RSA Stage 2”). The first part of the Stage 3 RSA was completed in March 2011 (“RSA Stage
3”), after completion of the majority of the tram works in Princes Street. (There was also a Stage 3 RSA
conducted in April 2014 by Wyllie Lodge (“Wyllie Lodge”).) The audit conducted as stage 4 post-completion of the Tram was done in July 2015 (“the Stage 4 RSA”).
Although voluminous, only a relatively few passages were referred to. I note only the
passages relevant to the locations and layouts in this proof, which are as follows:
(1) RSA Stage 2 (May 2008) (No 6/38 of process):
(i) It was noted (at para B6.3.10) at Haymarket that cyclists “… are expected to cross the tram tracks at a shallow angle of some 10° whilst
making about a 60 m radius turn. As such they will also be banked over increasing the risk of their wheel slipping out from under
resulting in a fall accident…”. It was recommended that the layout be amended to include a crossing of the Tram at a greater angle, although this recommendation was not implemented until after Ms Fairley’s accident."
The audit carried out for the Council identified a problem and recommended a solution. Unfortunately, it was not implemented in time to prevent an accident.