THE scheme to tame North Yorkshire's worst accident blackspot has been delayed yet again - sparking warnings that the Highways Agency risks corporate manslaughter charges if another person dies.

The agency says it will not now be possible for work to start this autumn on building a flyover at Bilbrough Top, on the A64 between York and Tadcaster, because it is still assessing tenders for the scheme.

Nor can it say precisely when work will begin until the "processes" are complete.

It says the linked closure of a lethal gap in the central reservation cannot go ahead either, meaning that motorists will continue to pass through the gap during foggy and other dangerous wintry weather conditions.

Local Selby district councillor Brian Percival claimed today: "In the event of an accident - and heaven forbid a fatal one - the agency will be exposed to an action for corporate manslaughter, because they know there's a problem and they have done nothing significant about it. They have not closed the gap."

He said he could see no reason why a public sector organisation should not face the same risks of corporate manslaughter charges after an accident as, for example, rail businesses.

The agency originally planned to start work and close the gap in the spring, but the start date then slipped to June.

Then the organisation revealed in June that the project could not begin because the bill for the project was far higher than the expected costs of £4.8 million. It hoped then that work would start this autumn.

The location saw 20 accidents over a three-year period to the end of last year - more than anywhere else in the county, according to county council statistics. The crashes included two fatal accidents involving cars passing through the gap in the central reservation.

One of the victims was 19-year-old student Rachelle Ansell, from London, who was a passenger in a car which emerged from the gap and was hit by a coach coming along the A64 westbound carriageway last September.

The other was 49-year-old mother-of-two Christine Old, from Goole, who was passing through the gap to get on to the eastbound carriageway in November 2001 when her car was struck by a lorry. She suffered injuries which led to complications, resulting in her death ten months later.

The agency spokeswoman said today it was still committed to the flyover scheme and was making every effort to ensure it was completed as soon as possible.

"Due to issues of tender confidentiality we are unable to specify at this stage where the cost increases have occurred," she added.

"The Highways Agency is fully aware of the poor safety record at this junction and remains fully committed to completing the project as quickly as possible.

"A recent review has demonstrated that the scheme still represents good value for money and approval is being sought for the increase in cost."

The agency had no comment to make on the corporate manslaughter warnings.

Updated: 10:56 Wednesday, August 06, 2003