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    Road Safety Week: Are Mandatory Retests on the Horizon for Elderly Drivers in the UK?

    20/11/2024

    Introduction

    As the UK marks Road Safety Week (17 – 23 November 2024), the spotlight turns to the many factors contributing to safer roads, including the fitness of drivers. This national initiative aims to raise awareness about road safety and encourage practical steps to reduce accidents, injuries, and fatalities.

    As the UK population ages, balancing road safety with elderly drivers’ independence has become a significant issue. The tragic 2020 accident in Scotland involving 91-year-old Edith Duncan, which resulted in the death of three-year-old Xander Irvine, has ignited calls for a stricter system to monitor the driving abilities of elderly motorists.

    This article reviews the current requirements for elderly drivers in the UK, examines proposed reforms and analyses international statistics related to the safety risks posed by elderly drivers.

    Current Legal Position

    Under current UK law, drivers aged 70 and over must renew their driving licence every three years, compared to every ten years for younger drivers. The renewal process requires elderly drivers to self-certify their fitness to drive and meet minimum eyesight standards. There is no mandatory medical examination or driving test, which has raised concerns about the efficacy of the self-certification system.

    In the event that a driver, third party, or healthcare professional reports a medical condition that may impair driving, the Driver and Vehicle Licensing Agency (DVLA) has the authority to suspend or restrict the driver’s licence. However, this system is reactive and depends on self-reporting or third-party reporting, which may not always happen.

    Proposed Changes and Recommendations

    Sheriff Principal Nigel Ross recommends significant changes in his report, which called for the current system of self-certification for drivers over 70 to be replaced with a more robust approach, particularly for those over 80. Key recommendations include:

    • Mandatory Cognitive Assessments: Drivers aged 80 and over should undergo a short initial cognitive assessment as part of their licence renewal process.
    • Licence Suspension on Failure: If a driver fails the cognitive assessment, their licence will be suspended pending further evaluation.
    • Regular Medical Examinations: Introduction of periodic medical examinations to assess the fitness of elderly drivers more accurately.

    These recommendations aim to proactively identify drivers who may not be fit to drive, thereby preventing potential accidents.

    Statistics on Elderly Drivers and Collisions

    Statistics from the Department for Transport (DfT) provide insight into the involvement of elderly drivers in road collisions:

    • Crash Rates: Although drivers over 70 account for a smaller proportion of total crashes compared to younger drivers, their crashes tend to be more severe. Drivers over 80 are particularly vulnerable to serious injuries or fatalities due to their physical fragility.
    • Severity of Accidents: Older drivers are more likely to be involved in certain types of crashes, such as at intersections, where slower reaction times can be critical.
    • Fatality Rates: In 2023, around 11% of all casualties in car collisions involved older drivers, and approximately a quarter of all car drivers killed were aged 70 or over.

    A Global Perspective

    The issue of elderly drivers’ fitness to drive is not unique to the UK. Various countries have implemented stricter licensing requirements for elderly drivers to enhance road safety:

    • United States: According to the National Highway Traffic Safety Administration (NHTSA), drivers aged 70 and over have a 17% higher risk of fatal crashes per mile than drivers aged 35–54. Each day, 20 older adults are killed, and nearly 540 are injured in crashes.
    • Japan: Japan has introduced stringent measures, including mandatory cognitive and physical tests for elderly drivers. Drivers over 75 must pass these tests to renew their licences, ensuring only those fit to drive remain on the roads.
    • Australia: Similar to the proposed changes in the UK, some Australian states require drivers over a certain age to undergo regular medical and driving tests to maintain their licences.

    Balancing Safety with Independence

    The proposed reforms, such as mandatory cognitive assessments, highlight the challenge of balancing public safety with the independence many elderly drivers rely on. For elderly individuals, driving is often essential for maintaining autonomy and accessing services. However, ensuring that only those fully capable remain on the roads is critical for the safety of all.

    Some suggest an introduction to conditional or limited licences for elderly drivers as a balanced solution. For instance, older drivers might be restricted to driving during daylight hours or within certain areas. This approach, used in countries like Canada, allows elderly individuals to maintain some level of independence while enhancing road safety.

    Conclusion – The Path Forward for Older Driver Safety in the UK

    The tragic incident involving an elderly driver in Scotland is an example of many cases that have reignited discussions about better assessing driving fitness in older age groups. With a growing elderly population and advances in understanding age-related cognitive and physical decline, reforming the current self-certification system is crucial. Mandatory cognitive and medical assessments or a tiered licensing system could provide the DVLA with the tools needed to ensure elderly drivers meet road safety standards. While no legislation has yet been enacted, increased awareness and data on age-related driving risks suggest that the UK may soon take steps to modernise its licensing framework for elderly drivers.

     

    Author

    Takasar Ul Haq Ghori - Solicitor

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