Source · Scotland · Fatal Accident Inquiry

Douglas Brian Gordon

Scotland · FAI Reference: B684/15 Published: 28 Sep 2016 Sheriff: Sheriff C.W. Pettigrew Sheriffdom: North Strathclyde View PDF
Court recommendations Identified
Responses identified 0
8-week deadline 23 Nov 2016
Section 28 status Response pending

Recommendations

In view of findings (xvi), (xix) and (xx) the Sheriff respectfully recommends that consideration be given by the Secretary of State for Transport’s Honorary Medical Advisory Panel on driving and disorders of the cardiovascular system and by the DVLA to instituting a review of the wording of the DVLA’s latest guidance “Assessing fitness to drive: a guide for medical professionals”, their booklet INF4D entitled “Medical Examination Report” for a Group 2 (lorry or bus) licence D4” and of section 4g blood pressure of the D4 Medical Examination Report to assist doctors and other health professionals when advising their patients, to endeavour to achieve uniformity in the provision of such advice by doctors and other health professionals.

In view of findings (xvi), (xix) and (xx) the Sheriff recommends that, when a licence applicant answers affirmatively question 2 in section 4g blood pressure of the D4 Medical Examination Report confirming he is on anti-hypertensive treatment, when none of the 3 previous blood pressure readings is provided or when any of the 3 previous blood pressure readings is above the threshold of 180mm Hg systolic and/or 100mm Hg diastolic consideration be given by the DVLA, in consultation with the Secretary of State for Transport’s Honorary Medical Advisory Panel on Cardiovascular disease to instituting a procedure whereby, in such circumstances, prior to the approval of any licence application, the DVLA is required to contact the licence applicant’s general practitioner, in accordance with the Consent and Declaration signed by the licence applicant, to obtain further information relative to the licence applicant’s blood pressure history.

In view of finding (xxi) the Sheriff recommends that consideration be given by the DVLA, in consultation with The Secretary of State for Transport’s Honorary Medical Advisory Panel on Neurology, to amending question 7 in section 5 General of the D4 medical report to include a specific reference to obstructive sleep apnoea.

(1) In view of finding (xix) as, to a large extent, the DVLA’s current approach to the D4 Medical Examination Report is reliant upon the licence applicant’s knowledge, understanding and honesty in relation to declaring his/her medical history to the examining medical practitioner, the Secretary of State for Transport should instigate a consultation on how best to ensure the completeness and accuracy of the information available to the DVLA in making fitness to drive licensing decisions and whether or not legislative change is required.

(2) Those involved in the system of assessing licence applicants’ fitness to drive should give consideration to the institution of procedures whereby, following the obtaining of the licence applicant’s consent, the registered medical practitioner performing the D4 medical assessment can obtain access to the licence applicant’s general practitioner records and any consequent legislative change necessary to give effect thereto.
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The window from publication ran to 23 November 2016. See how we track responses.

Section 28 responses

Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

Determination details

Reference
B684/15
Published
28 September 2016
Sheriff
Sheriff C.W. Pettigrew
Sheriffdom
North Strathclyde

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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); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

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