Source · Scotland · Fatal Accident Inquiry

Alexander Irvine

Scotland — FAI Other 3 recommendations Reference [2024] FAI 43 Published 22 October 2024

Determination

Reference[2024] FAI 43
Published22 October 2024
SheriffSheriff Principal N A Ross
SheriffdomLothian and Borders
Date of death30 June 2020
LocationMorningside Road, Edinburgh
Cause of deathStruck by motor vehicle driven by elderly driver with undiagnosed dementia

Recommendations 3

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Addressed to: UK Government DVLA
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. 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. 3. Consideration should be given to reducing the age limit in recommendation 1 to 75 years of age.
No mandatory response mechanism — unlike PFD reports (England & Wales), recipients are not required to respond.

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About FAIs

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b) but there is no enforcement mechanism.

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