There has been widespread reporting in recent months concerning older drivers being involved in serious, fatal road traffic collisions. Most recently, a 96-year-old woman was sentenced to a suspended term of imprisonment for an offence of causing death by dangerous driving. Ms Mills of Merseyside is, according to reporting, thought to be one of the oldest people in the UK to be convicted of this particular offence. Reports detail that Ms Mills surrendered her driving licence following the collision.
Opinion is divided about older drivers, with some voicing serious concerns about safety on our roads, and others speaking up for the right to drive autonomously. It raises the question: Should drivers of a certain age have to undertake mandatory testing to stay on the road?
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 need to renew their driving licences every three years. As part of this process, a driver is asked to sign a health declaration and disclose any medical condition(s) 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
- Sleep apnoea
In terms of eyesight, all drivers must meet the minimum requirement, namely being able to read the number plate of a motor vehicle from 20 metres away.
Drivers 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 / 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; and
- 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 under consideration their fitness to drive, they should also follow prescribed medical treatment, whilst also appropriately managing their medical condition(s), including any changes.
Perception reaction time
Having represented a large number of drivers involved in road traffic collisions, who have been investigated and some prosecuted for allegedly driving below or far below the standard of a competent and careful driver, an important factor is often the 'perception reaction time' of the driver. In driving cases, even a fraction of a second delay can influence whether a road traffic collision occurs or not.
Two particular examples of cases come to mind, both involving older drivers.
Case 1: A male driver was attempting to pull out of a crossroads, but in doing so, his vehicle collided with another vehicle approaching from his right. The occupant of the other vehicle sustained injuries from the collision. The male driver was initially offered the opportunity to undertake a driving awareness course as an alternative to prosecution. The male driver refused the offer of a course, as he felt that he was not at fault (i.e. his driving was not of a standard below a competent and careful driver). The evidence in the case suggested otherwise – the approaching motor vehicle being on a long, straight road, not appearing to have been travelling at excessive speed, the weather conditions were good, and there were no other apparent obstructions that would have prevented the male driver from seeing or reacting to the approaching vehicle. The male driver was afforded another opportunity to complete a driving awareness course, which he duly completed and passed – much to my surprise.
Case 2: A female driver was searching for a parking space in a supermarket car park, when she inadvertently put her foot on the accelerator pedal, instead of the brake, and collided with a pedestrian. She was prosecuted for causing serious injury by dangerous driving. The fact that the female driver had mistakenly pushed the accelerator pedal was deemed to fall far below the standard of a competent and careful driver. Ultimately, a mistake that was so substantial that it caused the driving to be dangerous, even though it was only for a short time. Following a guilty plea and significant mitigation, the female driver was sentenced to a term of imprisonment, which was suspended. A similar case to the one recently reported at Liverpool Crown Court.
Perception reaction time is the total time it takes for an individual to perceive, process and react to a stimulus. It comprises of two main elements:
- 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.
- 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).
The factors that influence perception reaction time include:
- Distance from the hazard;
- Colour, size and shape of the hazard;
- Visibility;
- Type and condition of the road;
- Physical and mental characteristic of the driver (age, health conditions, tiredness,
- distractions, alcohol / drugs, and level of training / experience), and
- Position of the driver and the layout of the motor vehicle's controls.
According to Brake, the road safety charity, they asked TRL to present evidence on the time taken by drivers of motor vehicles to perceive, recognise and react to emergency situations. TRL determined that the average thinking time is 1.5 seconds, which is more than double the 0.67 seconds set out in the Highway Code.
For most people, it is thought that perception reaction time for a competent, alert driver (to a straightforward, unexpected event) is typically 1 to 2 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 (i.e. perception reaction time).
Driving assessments, refresher courses and various educational resources for older drivers can help detect any 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. Although it cannot be said with complete confidence for everywhere in the UK, many regions have decent options when it comes to public transport and some local councils also offer transport assistance for older residents.
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 in supporting safety on our roads. They are encouraged to support older relatives in properly assessing their driving capabilities and considering safe alternatives, where necessary. I wholeheartedly endorse the words of advice provided by the charity, Age UK, namely that: There are many reasons you may be worried about someone's driving. It can be a difficult subject to broach, especially with someone you care about, but if you feel that they've become a danger to themselves and to others on the roads, then it's important that you find a way to talk to them about it.
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 / additional checks of older drivers has been proposed, with ongoing considerations about introducing a more consistent and compulsory framework of testing, such as physical and/or 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 (DVSA) have indicated that they are 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 and/or being naïve as to their deteriorating faculties.
These two proposals, most notably the first, appear to be the most realistic changes, as 'black box' technology to record the driving patterns of older drivers and highlight any unsafe actions would require a deeper level of analysis, as well as driver and third-party collaboration.
The attitude towards older drivers in the UK seeks to offset an individual's independence with the safety of the public, but the current system relies heavily on self-declaration and is arguably costing too many lives.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.