IN A CASE THAT is just as relevant here in Australia, a court in Glasgow has called for changes to the UK law, including increased penalties and prosecutions for drivers who fail to declare medical conditions.
The crash involved a bin lorry driven by a 57-year old who lost control of the vehicle after fainting due to an undeclared medical condition. The vehicle mounted a pavement crowded with pedestrians and shoppers, killing six people, including two grandparents and their grand-daughter. It later emerged that the driver had suffered a similar episode while driving in his previous job, but he had not disclosed this to his new employer, the Glasgow City Council.
There are now calls for much greater awareness-raising among the medical profession of the implications of medical conditions and fitness to drive. They are also calling for stronger investigation when information is provided from a third party that someone may not be fit to drive, and for consideration to be given to changes to the law, including increased penalties and prosecutions for drivers who fail to declare medical conditions.
This has clear relevance to Australian conditions, where doctors are required to notify authorities if someone under their care suffers from a condition that impairs their ability to drive. The same obligation applies to the driver. A health professional may be required to assess a person’s fitness to drive based on the relevant medical standards. Reasons for notification can include both physical and mental incapacity. If a doctor is unsure, they may refer the patient to another health professional such as a specialist. The assessment of fitness to drive covers whether the patient meets the medical criteria to hold a driver’s licence, recommend any conditions or restrictions and indicate if a periodic review is required. The health professional is required to advise the patient that they must take immediate steps to notify the appropriate state authorities of their medical condition.
The increasing median age of drivers is an ongoing concern. That’s not to say older drivers aren’t competent, but some continue to drive with deteriorating eyesight and other significant health issues. The problem is compounded by the issuing of ten-year driver’s licences – the difference between a healthy 65-year old and an impaired 75-year old can be considerable.
Another area of concern here is the issue of responsibility. Placing the onus on the health professional may have legal ramifications. Consider the implications, in our increasingly litigious world, if a doctor allows a patient to continue driving and that patient is subsequently involved in an incident – the patient and others involved may well decide to take legal action against the doctor for not taking steps to prevent the incident. As a result, and totally understandable under the circumstances, a doctor may decide the safest course is to report a health issue even if he/she isn’t sure it may affect fitness to drive. And you or I may lose our right to drive as a result.