Sheriff calls for changes to licence laws following death of Edinburgh tot
Xander Irvine, 3, was killed when he was hit by 91-year old Edith Duncan after she lost control of her car on Morningside Road
Last updated 22nd Oct 2024
A sheriff has recommended the current system of pensioners declaring they are fit and able to drive be overhauled following an inquiry into the death of a three-year-old boy.
Xander Irvine died after he was hit by a Kia Picanto car while out walking with his mother, Victoria, on Morningside Road, Edinburgh, on June 30 2020.
The car was being driven by Edith Duncan whom, a fatal accident inquiry (FAI) in the city's sheriff court heard earlier this year, was performing a turning manoeuvre when she accelerated and struck the boy and his mother.
Xander died in the city's Royal Hospital for Sick Children later the same day from "multiple injuries".
Miss Duncan, 91, who was facing prosecution for the incident, died a year later.
Sheriff Nigel Ross concluded Ms Duncan, who had dementia, lost control of her car during the turning manoeuvre which caused her car to mount the pavement, striking Xander and his mother.
He said in a written FAI determination this loss of control was "entirely caused" by Miss Duncan's "inability" to perform safely "what would otherwise have been a routine turning manoeuvre".
He added the collision could have been avoided if Miss Duncan's cognitive ability been properly assessed and had authorities subsequently moved to revoke her driving licence.
"Revocation was both reasonable and required in light of her cognitive impairment and consequent inability to drive safely," he found.
"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.
"That further assessment would have, in turn, led to the conclusion that she was significantly cognitively impaired and unfit to hold a driving licence.
"The DVLA would have revoked her licence on that basis. Accordingly, had her cognitive impairment been detected, the incident would have been avoided."
Sheriff Ross went on to describe the current system of self-certification of fitness to drive for people over 70 years of age as "significantly defective".
He recommended an overhaul of the system including limiting self-certification to people aged under 80 and requiring anyone over 80 to undertake a cognitive assessment before a renewed licence is granted.
"The current regime of self-certification of fitness for drivers over 70 years of age is significantly defective," he said. "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.
"I recommend ... 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."
Sheriff Ross also recommended further questions be added to the current application form for renewal of a driving licence to prompt information about recent driving history.
The sheriff's recommendation to alter the self-certification of fitness to drive would require changes to primary legislation, which would be a matter for the UK Government to consider.