A recent Fatal Accident Inquiry into the death of a three-year-old in Edinburgh could lead to major changes in driving rules for older adults. Currently, drivers aged 70 and over have to self-certify their fitness when renewing their licence, but a new court ruling suggests this system isn’t enough to prevent unsafe drivers from staying on the road.
The case centred on Xander Irvine, who tragically died after being hit by 91-year-old Edith Duncan, whose cognitive impairment went unnoticed. The inquiry, led by Sheriff Principal Nigel Ross, concluded that if Duncan's cognitive ability had been properly assessed before the accident, her unfitness to drive would have been identified.
“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.”
Ross criticised the current system for relying on self-certification, saying it doesn’t catch those who may not realise they’re unfit to drive, such as people with dementia. The inquiry recommended that drivers over 80 should no longer be able to self-certify. Instead, they would need to pass a cognitive test to renew their license.
Ann Logan, the family’s lawyer, called the ruling an important step towards preventing similar tragedies.She said, “It is clear from the findings of this Inquiry that the current regime for drivers over 70 years is significantly defective.”
“It requires immediate action to strengthen measures and do everything possible to avoid such an unbearable tragedy happening again,” she continued.
The DVLA, responsible for issuing licences in the UK, responded by emphasising “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."
Any changes would need new legislation to be passed in Parliament.
