There has been widespread reporting in recent months of older drivers being involved in fatal road traffic collisions. Most recently, a 96-year-old woman received a suspended sentence for causing death by dangerous driving. She is thought to be one of the oldest people in the UK to be convicted of this offence.

Daniel Jackson

Daniel Jackson

Opinion is divided about older drivers, with some voicing concerns about road safety, and others speaking up for the right to drive.

Driving licences and regulations

It may sound obvious, but all drivers are subject to the same road traffic laws, regardless of age (with some additional restrictions for learner and new drivers). There are, however, certain considerations and requirements that seek to ensure the safety of older drivers and other road users.

Drivers of 70 years of age and above must renew their driving licences every three years, sign a health declaration, and disclose any medical conditions to the Driver and Vehicle Licensing Agency (DVLA) that may affect their ability to drive. General age-related conditions that may be reviewed include:

  • cognitive, mobility and visual impairments;
  • cardiovascular conditions;
  • diabetes; and
  • sleep apnoea.

All drivers must meet the minimum eyesight requirement (ie, being able to read the number plate of a motor vehicle from 20 metres away) and may, subject to certain health conditions, be required to obtain and provide a medical report, which confirms their fitness to drive.

Regardless of age, all applicants and holders of a licence have a legal obligation to:

  • Inform the DVLA of any injury or illness that would possibly impact on their ability to drive safely (save for some temporary conditions that are unlikely to continue beyond three months and for which there is additional guidance);
  • Respond comprehensively to any requests for information from the DVLA and/or any healthcare professionals.
  • Comply with the requirements of their licence, including any medical reviews specified by the DVLA.

Bearing in mind a driver’s ongoing duty to keep their fitness to drive under consideration, they should also follow prescribed medical treatment and appropriately manage their medical condition(s), including any changes.

Perception reaction time

In driving cases, even a delay of a fraction of a second can influence whether a road traffic collision occurs or not. Perception reaction time is the total time it takes for an individual to perceive, process and react to a stimulus. It comprises two main elements:

  1. Perception time: the time taken by the driver to recognise and interpret a hazard. This involves identifying the hazard (such as a child stepping into the road) and realisation of its meaning.
  2. Reaction time: the time taken by the driver to physically react to the hazard after the decision is taken (such as pressing a motor vehicle’s brake pedal).

For most people, it is thought that perception reaction time for a competent, alert driver to a straightforward, unexpected event is one to two seconds. This changes subject to the complexity of the circumstance and a person’s characteristics.

Achieving safety on our roads

A degree of self-policing is required for all drivers of motor vehicles. It is particularly critical for older drivers to consistently evaluate their own fitness to drive through proactive health management, assessing such things as eyesight and their general health position, as well as awareness of their driving capabilities (ie, perception reaction time).

Driving assessments, refresher courses and various educational resources for older drivers can help detect areas for improvement and help to safeguard our roads.

There may be other alternatives to driving that are worthy of consideration, such as use of public transport and services provided by the local community.

It should not be ignored that older drivers who feel they are no longer able to drive safely can voluntarily surrender their licence. They can then reapply for a licence, subject to medical assessments, on a future date.

Families of older drivers can play a pivotal role and are encouraged to support older relatives in properly assessing their driving capabilities and considering safe alternatives, where necessary.

Time for change?

There is presently no obligatory testing of drivers based solely on age, but maybe the time has come when there should be.

Regular testing and additional checks of older drivers have been proposed, with ongoing considerations about introducing a more consistent and compulsory framework of testing, such as physical and cognitive assessments every few years after a driver reaches a certain age. For example, eye tests may be required more regularly for older drivers, and an inability to satisfy the requisite standard may result in revocation of an individual’s licence. The Driver and Vehicle Standards Agency is considering altering the testing technique to make it more flexible, including testing a driver’s eyesight under varied levels of light.

There have also been requests from road safety groups for stringent supervision and evaluations of the self-declaration medical regime, contending that some older drivers are at risk of downplaying or of being naive as to their deteriorating faculties.

These proposals, most notably the first, appear to be the most realistic changes, as ‘black box’ technology would require a deeper level of analysis, and the collaboration of drivers and third parties.

The attitude towards older drivers in the UK seeks to balance an individual’s independence with public safety, but the current system relies heavily on self-declaration and is arguably costing too many lives.

 

Daniel Jackson is a partner at BCL Solicitors, specialising in serious and general criminal litigation

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