A pair of "Lost Boys" strayed into rush-hour traffic on a busy motorway through a gap made in a perimeter fence by workmen, an inquest heard.
Tragic Kieran Coupe, six, and his pal Guy Davies, seven, died instantly when they were hit by two cars as they attempted to dash across the M56, carrying their toy scooters.
The court heard the pals had apparently become disorientated when darkness fell after they spent an afternoon playing in woodland at Runcorn, Cheshire, in October 2007.
At Warrington Coroners' Court the boys' parents questioned whether the tragedy may have been avoided had boundary fencing been secure on Wednesday 24th October.
North Cheshire Coroner Nicholas Rheinberg heard how a burst water main had repaired on an an M-way embankment by contractors Morgan Est, on behalf on United Utilities.
He was told by the Highways Agency area manager, Roy Woods, that 30-metre section of the motorway fencing had been removed to allow access for deliveries and contractors working on the site.
Guy Davies, snr, asked the coroner whether he could establish if the Highways Agency had an obligation to ensure that motorway was appropriately sealed-off to pedestrians.
Mr Woods said: "Although it is our policy to clearly mark the boundary of the motorway, we are not obliged by law to do so anymore that we would be with any other road.
"I think generally the public are aware of the dangers and that it is a criminal offence to trespass on the motorway."
Mr Wood said the Highways Agency were informed that work was planned at the site at Preston Brook, near Runcorn, but no formal agreement had been made.
He added: "We had not actually given permission for United Utilities to begin carrying-out this work and consequently we were unable to act appropriately."
Mr Rheinberg asked whether the gap may have provided an easy access point for the two youngsters Mr Woods replied: "It is possible, though it is possible to gain access at many points along that stretch as the fencing is not very substantial.
"Perhaps a gap could have provided an invitation to two youngsters to continue on their course onto the highway."
The inquest continues and is expected to conclude on Wednesday.
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