Call for driving legislation overhaul following child death in Edinburgh
A Fatal Accident Inquiry into the death of a three-year-old child in Edinburgh concluded last month, leading to further conversation on the topic of road safety in the capital.
Xander Irvine passed away from injuries he sustained after being struck by a red Kia Picanto in June 2020. Xander and his mum, Victoria, were walking in Morningside when the vehicle, driven by 91-year-old Edith Duncan, mounted the pavement and hit them, before crashing into a shop front.
The Fatal Accident Inquiry found that the accident occurred as Ms Duncan lost control of her vehicle whilst attempting to make a U-turn, “entirely caused by her inability to perform safely what would have otherwise been a routine manoeuvre.”
In the months following the accident, Ms Duncan was assessed and found to be suffering from frontotemporal dementia which would have significantly impaired her cognitive ability and judgement as a result.
Legal driving age in Scotland
As it stands, there is no legal age limit for driving a car in the UK. Driving licences are valid until the holder is 70 years of age, unless otherwise withdrawn for medical reasons. After turning 70, the licence holder must renew their licence every three years. They also have a responsibility to declare any medical conditions which may hinder or limit their ability to drive safely.
Concluding the Fatal Accident Inquiry, Sheriff Principal Nigel Ross acknowledged that the self-certification process currently in place for older drivers should be changed “as a matter of priority”. In its place, the Sheriff suggested a requirement for drivers over 80 years of age to undergo a short cognitive assessment to determine their ability to operate a vehicle safely.
Should licences be revoked for older drivers?
Tragic stories like that of Xander Irvine highlight that something needs to be done to promote and ensure safer driving amongst older people in the community, which does beg the question of whether licences should automatically be revoked when a person reaches a certain age.
A recent report by car finance company Carmoola found that over 30% of 2,000 people surveyed felt that driving licences “should be automatically revoked once a person reaches a certain age”, with varying opinions on what this age should be. However, some of those surveyed agreed that they would be “open to allowing older drivers to retain their licences if they had access to safe and reliable autonomous vehicles”. With the UK’S Automated Vehicles Act coming into force in 2026 this option could be a viable one, allowing older drivers to continue to travel independently and, most importantly, safely.
Watermans Head of Dispute Resolution, John Dillon, says
‘The key in all of this is road safety and improving it.’
‘Being fit to drive at any age is paramount, however taking steps to ensure that older road users are still safely able to drive has merit, especially if it can prevent a repeat of what happened in the capital in June 2020’.