Judge calls for mandatory cognitive tests for drivers over 80

A Fatal Accident Inquiry into the death of a three-year-old toddler in Edinburgh has resulted in court recommendations that would significantly affect the rights of older people to get behind the wheel.

Current law says drivers have to self-certify their fitness when applying to renew driving licences via the DVLA at age 70, and thereafter at three-year intervals. Sheriff Principal Nigel Ross’s determination following the inquiry into Xander Irvine’s death found the tragedy could have been avoided if the driver who hit him – 91-year-old Edith Duncan – had been identified as unfit to drive through cognitive impairment.

“Had reasonable precautions been taken, prior to the collision, to assess Edith Duncan’s cognitive ability, these would have identified that she required further assessment of her driving ability,” the determination reads. “That further assessment would have, in turn, led to the conclusion that she was significantly cognitively impaired and unfit to hold a driving licence.” 

Sheriff Principal Ross went on to call the current regime of self-certification of fitness for drivers over 70 years of age “significantly defective”, because it fails to identify unfitness to drive in applicants who either deliberately or unintentionally fail to give correct information on the application form.  Additionally, “it fails to recognise that driving ability may decline with age, or that dementia sufferers may be unaware of their own condition,” the judge said.

The inquiry resulted in a recommendation that self-certification of fitness to drive should be limited to those under 80 years old, and that “any application 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”.  

The toddler’s family legal representative, Ann Logan, called the judgement an important step forward. “It is clear from the findings of this Inquiry that the current regime for drivers over 70 years is significantly defective,” she said. “It requires immediate action to strengthen measures and do everything possible to avoid such an unbearable tragedy happening again.”

A change of this nature would need legislation in parliament, and the DVLA, which is responsible for UK driver licensing, has issued a statement in response to the findings:

“Road safety is our absolute priority and we are carefully considering the Sheriff's recommendations. All drivers must ensure that they meet the medical standards for driving and notify us of the onset or worsening of a medical condition affecting their ability to drive," the DVLA said.

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