Following a recent fatal accident inquiry (FAI) into the death of a toddler recommending that people aged 80 and over should no longer be allowed to self-certify their fitness to drive, Holmes Mackillop director Craig Donnelly has called for elderly drivers to be subject to an ‘MOT’ to ensure they are ‘roadworthy’.

Three-year-old Alexander Paul Thomas Irvine died in 2020 after he was struck by a 91-year-old motorist on Morningside Road, Edinburgh. Ms Duncan was suffering from significantly impaired cognitive ability as a result of frontotemporal dementia and was unfit to drive or hold a driving licence.

Sheriff Principal Nigel Ross conducted the FAI and recommended that applications for renewal by a driver aged 80 or older should not be granted unless the applicant driver has successfully undertaken a short initial cognitive assessment.

Failure to pass that assessment should result in both the application for renewal, and any current licence, being suspended pending further assessment. He further recommended that consideration be given to reducing the age limit for self-certification to 75.

“Driving licences must be renewed when a driver turns 70 and every three years thereafter,” said Donnelly. “Renewal of licence includes a health declaration with certain conditions to be declared including dementia, Parkinson’s disease and epilepsy.

“There are consequences of aging which can affect driving ability, such as reaction times slowing down, less strength to quickly and firmly press a brake pedal, and worsening vision. But there are no checks or tests to confirm if health declarations are true or not and failure to report may only be discovered after there has been an incident.

“The tragic case of Xander Irvine has highlighted the weaknesses in the self-certification process by older drivers when renewing their licences.

“The FAI found that Edith Duncan was probably unaware that she had dementia when she renewed her licence in January 2020 or when the accident occurred five months later. A cognitive assessment of her ability to drive may have identified that she was no longer fit to be behind the wheel.

“Once a vehicle is three years old it is subject to an MOT every year to ensure that it is safe to be on the road. It is probably right that elderly drivers should also be subject to an ‘MOT’ to ensure they are ‘roadworthy’.

“It will be difficult for a driver to give up their licence, particularly if they live in a rural part of Scotland, as they may be left isolated and feel that they have lost their independence.

“Drivers should seek advice from their GP or other medical professional on their ability to continue to drive. If the DVLA does revoke a driver’s licence, they should seek legal advice from a solicitor on how to appeal the decision if they believe they are still fit to drive.”

A driver can be fined £1,000 for failing to declare a health condition which affects their driving ability. Failure to declare a health condition may also invalidate the driver’s insurance policy.

Holmes Mackillop has acted on behalf of elderly drivers who have appealed against decisions by the DVLA to revoke their driving licences.

ENDS

For further information please contact on Craig Donnelly on tel 0141 226 4942