James Lochrie

Therefore, in view of findings 3 to 7 (inclusive) the Sheriff respectfully recommends that consideration be given by The Secretary of State for Transport as to whether appropriate legislation is required to:- (1) provide that a condition of holding or continuing to hold a licence to drive any class of vehicle is that the licence holder is deemed to consent to the following:- (a) the DVLA, where it considers it necessary to do so in order to determine whether the licence holder is fit to drive, being authorised (i) to require immediate production of any licence holder’s general practitioner medical records and any medical records of the licence holder held by any health service in the UK, or suitably certified copies thereof; (ii) to instruct any medical practitioner, including specialist consultants, of its choice to examine the licence holder and report on the fitness to drive of the licence holder; and (b) the licence holder being required to attend and undergo such examination and to honestly and comprehensively answer any questions put by the medical practitioner examiner; (2) provide that any such medical practitioner examiner (i) be allowed access to all medical records relating to the licence holder concerned and (ii) may require such further information as s/he considers necessary to determine the licence holder’s fitness to drive any class of motor vehicle from any such medical practitioner who has treated the licence holder at any time; (3) provide that any such medical practitioner examiner must report to the DVLA in writing, within such period of time as may be specified, advising the history given by the licence holder, the medical history contained in the medical and hospital records, the findings at examination, the opinion of the examiner as to the licence holder’s fitness to drive and the reasons for that opinion. (4) provide that in such circumstances as may be considered appropriate the DVLA may revoke on an interim basis any licence holder’s licence to drive any category of vehicle pending completion of its inquiries and its decision as to the fitness of the licence holder to continue to hold any such licence; (5) provide that a medical adviser employed by the DVLA must give written reasons for the decision on a licence holder’s continuing fitness or unfitness to drive any class of motor vehicle; (6) amend the terms of section 94 of the Road Traffic Act 1988, as amended, (i) to specify all the relevant disabilities which must be declared forthwith to The Secretary of State for Transport and (ii) determine whether the exemption contained in terms of section 94(2) remains appropriate, particularly having regard to the terms of sub-section 94(2)(b); (7) amend the terms of section 94 of the Road Traffic Act 1988, as amended, to make it explicit that the onus of proof of reasonable excuse rests upon the licence holder concerned; (8) increase the penalties and alter the mode of prosecution for a contravention of either section 94(1) and (3) or section 94(3A) of the Road Traffic Act 1988, as amended; (9) create a discrete indictable offence of driving whilst unfit to do so by reason of the driver not having followed medical advice to maintain fitness to drive; (10) require any bus company licensed to operate any bus service or to carry any passenger in any of its vehicles which acquires information that any of its employees holding a passenger carrying vehicle licence may have had an episode of loss of consciousness to report this information (and any similar previous incident of which it is aware) to the DVLA within 72 hours of acquiring that information, irrespective of whether the licence holder may be under an obligation to report the matter to the DVLA; and (11) create an offence, with appropriate penalties, for any such bus company which fails, without reasonable excuse, to so report to the DVLA.