Form 6.2

Response

SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH                                               

Court ref: EDI-B211-24

RESPONSE

to the

DETERMINATION OF SHERIFF PRINCIPAL N.A. ROSS

UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016

IN THE

INQUIRY INTO THE DEATH OF ALEXANDER IRVINE

To: The Scottish Courts and Tribunals Service

1. The Driving and Vehicle Licensing Agency (DVLA), being a participant in the inquiry and being an organisation to whom a recommendation under section 26(1)(b) was addressed, do respond as follows.
2. Recommendation 1- That the present system of self-certification of fitness to drive after the age of 70 years be changed as a matter of priority, by limiting self-certification of fitness to drive only to applications before the age of 80 years. Application for renewal should continue to be required every three years, from the age of 70 onwards. 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. Failure to pass that assessment should result in both the application for renewal, and any current licence, being suspended pending further assessment. This recommendation would require changes to primary legislation, on a reserved matter under Schedule 5 to the Scotland Act 1998 and is therefore a matter for the UK Government.

Response 1 – The current driver licensing arrangements are underpinned by a legal requirement that all licence-holders, of any age, must  inform the DVLA without delay if at any time they become aware that they are suffering from a disability that is likely to cause their driving of a vehicle to be a source of danger to the public, or a disability which may, because of its progressive or intermittent nature, become such a disability. The duty also arises where such a disability has become more acute since the licence was granted. 

The current legal framework governing the assessment of medical fitness to drive is contained in the Road Traffic Act 1988, and the Motor Vehicles (Driving Licences) Regulations 1999. The DVLA is responsible for driver licensing in Great Britain and, on behalf of the Secretary of State for Transport, for ensuring that drivers with declared medical conditions can meet the appropriate standards for driving.

The DVLA does not under current legislation have a general power to require those applying for or holding a driving licence to submit to a medical examination. It can, however, do so where it has reasonable grounds to believe that the person is suffering from a disability which may now or in the future, cause the driving of a vehicle by the person to be a source of danger to the public. 

In practice, this means that an applicant, driving licence holder or third party, must have notified the DVLA of a medical condition before the DVLA can begin an investigation into someone’s medical fitness to drive. The details and presentation of that medical condition must be supplied by the driving licence applicant themselves and if further information is required, by their medical professionals. The DVLA may also commission an eyesight test, medical examination or driving assessment where further information is needed. The DVLA assesses the information provided against the medical standards for fitness to drive.

The medical standards relating to some conditions, for example epilepsy, diabetes mellitus, vision and severe mental disorders, are prescribed in legislation while others are set out in Assessing Fitness to Drive, a guide for medical professionals, which is published by the DVLA and available online for all to view. The DVLA works closely with the Secretary of State for Transport’s Honorary Medical Advisory panels to regularly review the medical standards. As part of this work consideration is given to scientific and technical changes and progress in the diagnosis and treatment of a wide range of medical conditions and how they may impact on safe driving. The DVLA has initiated discussions with the medical advisory panel on driving and psychiatric disorders to consider the Sheriff Principal’s determination. The DVLA has also obtained the Crown’s agreement to consider the expert reports which were produced before the Fatal Accident Inquiry. The next meeting of the medical advisory panel is scheduled to take place in Spring 2025.

Last year, the DVLA carried out a call for evidence about driver licensing for people with medical conditions. The call for evidence sought views on the current legislative basis for assessing fitness to drive and what changes may be made. This was an important first step in gathering a wide range of views and evidence that may support future changes to the legal framework. The DVLA is considering the research and evidence provided and the need for any further research that may be required to inform potential changes to the legislative framework governing driver licensing for those with medical conditions. This will include the process of self-declaration and the potential for the introduction of age-based testing. 

1. Recommendation 2 - That the present application form for renewal of a driving licence, form D46P, be changed by the DVLA as a matter of priority, to include further questions which elicit information about recent driving history.

Response 2 – The DVLA recognises that improvements could be made to the D46 application form (which is used by those who wish to renew their driving licence at the age of 70 and over).  The DVLA is considering what amendments could be made to the D46 form to encourage drivers to consider more carefully whether they need to seek advice about their cognitive health and health in general before completing the statutory medical declaration required to renew driving entitlement. The DVLA is already discussing with its senior doctor and the medical advisory panel for psychiatric disorders and driving, to explore any potential changes.  Consideration will also be given, in conjunction with the relevant experts on the Secretary of State’s advisory panels, as to whether including questions on driving history may be helpful or appropriate in deciding whether a driving licence applicant meets the required medical standards.

1. Recommendation 3 - Consideration should be given to reducing the age limit in recommendation 1 to 75 years of age.

Response 3 This will be considered as part of the DVLA’s current work arising from the call for evidence, as outlined in the response to Recommendation 1.