A fatal accident inquiry has called for elderly drivers to face compulsory fitness tests once they reach a certain age following an incident in Scotland which killed a toddler.
In June 2020, 91-year-old Edith Duncan attempted to U-turn on a busy Edinburgh road. The pensioner “lost control” of her Kia Picanto, causing the vehicle to mount the pavement. She killed three-year-old Xander Irvine and also struck his mother, Victoria.
A determination report found that Xander suffered “catastrophic injuries” after being struck. It also found that she had age-related dementia, ruling that she was “unfit to drive or hold a driving licence”.
The report states that the collision could have been avoided if her licence had been revoked, which would have been “reasonable and required” in light of her cognitive impairment.
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It added that her licence would have been taken from her if she underwent a further assessment. The DVLA would have revoked her licence on the basis that she was unfit to get behind the wheel.
The report, by Sheriff Principal Nigel Ross, recommended that the present system of self-certification of fitness to drive after the age of 70 be changed “as a matter of priority”.
It recommended 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 recommendations from Sheriff Principal Ross outlined that failure to pass that assessment should result in both the application for renewal and any current licence being suspended pending further assessment.
Xander Irvine was struck and killed by an elderly driver with frontotemporal dementia
POLICE SCOTLAND
A spokesperson for the DVLA said: “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.”
Drivers are required to renew their licence every three years once they turn 70, compared to every 10 years for younger motorists.
Ross continued, saying: “The current regime of self-certification of fitness for drivers over 70 years of age is significantly defective. It relies on self-certification by the applicant driver.
“It fails to identify unfitness to drive in applicants who either deliberately or unintentionally fail to give correct information on the relevant application form.
“It fails to recognise that driving ability may decline with age, or that dementia sufferers may be unaware of their own condition.”
There have been further arguments that Edith Duncan should not have been on the road since she chose to cancel her car insurance. The report found that in March 2020, she called her insurer and said that she wanted to cancel her cover to save money since she only drove once a week.
Further details from the report state that witnesses of the accident heard Duncan say she was worried that the eggs she had bought would be smashed, as well as being unable to discern what had happened.
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Tributes for Xander Irvine were left by the scene of the incident in 2020
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Following the crash, she left her car parked illegally and claimed that she did not realise she was stopped adjacent to a pelican crossing.
In her police interview, Ms Duncan “showed no sign of recognising the seriousness of her position” by giving a “nonsensical” pattern of events, claiming that her “foot must have slipped on the accelerator”.
Procurator Fiscal Andy Shanks, who leads on fatalities investigations for the Crown Office and Procurator Fiscal Service (COPFS), said: “I welcome the sheriff’s determination which makes significant recommendations in relation to the fitness-to-drive requirements for drivers over 70 and a change to primary legislation.
“The procurator fiscal service will continue to keep in contact with the Irvine family and answer any questions they may have about the determination. My thoughts remain with the family at this difficult time.”
