In a moving act of public responsibility, Paul and Victoria Irvine shared the devastation of losing their three-year-old son Xander – to shed light on an issue of public importance.

Xander died in a fatal traffic collision in Edinburgh, caused by 91-year-old driver Edith Duncan.

Despite their intense grief, his parents have highlighted a critical safety issue, by advocating for reforms in the current system for renewing driving licences for those aged 70 and older.

There was support at the highest level to hold the discretionary Fatal Accident Inquiry, which took place in August 2024. This determined that Xander’s tragic death would have been avoided had the elderly driver’s cognitive impairment been detected.

Sheriff Principal Ross examined relevant evidence exhaustively and in October, recommended sensible changes to the present system in a bid to avoid similar future tragedies.

Currently, drivers over 70 have to apply for a renewed licence every three years, and self-certify their fitness to drive. Additionally, anyone with cognitive problems has a duty to report these.

However, self-reporting is problematic, as many individuals might not recognise cognitive decline and therefore might not disclose concerns. As a result, individuals who are no longer fit to drive could continue driving, posing a risk to public safety.

The proposed changes are to include further relevant questions in the self-certification process – and introduce compulsory age-related testing, from 80, or even consider it from 75.

The new form from age 70 could simply ask: have you, in the last two years, been involved in an accident, while you were driving, which was partly or mostly your fault?; and has anybody, in the last two years, told you they are concerned about how you drive? This would provide a clearer picture of driver fitness and ensure those with potential cognitive or physical impairments are flagged for further assessment.

The recommendations also say anyone over 80 should undergo a cognitive assessment before a renewed licence is granted. This assessment would be a short questionnaire similar to those used by doctors, taking about ten minutes. Importantly, it need not be conducted by a GP but by someone suitably trained. This change aims to ensure drivers are fit to be on the road, without imposing unnecessary burdens on healthcare professionals.

The DVLA’s response to the recommendations in December said it is considering amendments, and potential changes. The DVLA’s Medical Advisory Panel meets next month, and it’s understood it will include discussion of these recommendations. However, the DVLA should take immediate action to update renewal forms and implement changes as quickly as possible. It emerged last week that UK Transport Secretary Heidi Alexander is looking into introducing cognitive tests for drivers over 80, which is welcome.

These proposed changes are NOT a blanket condemnation of older drivers; many are skilled, experienced,and safe on the roads. The goal of the reforms is to ensure those whose abilities have diminished due to cognitive decline are identified before they become a danger to themselves and others.

The Irvines’ courage in sharing their story highlights the urgent need for action. Conversations need to be held at every level to bring about meaningful changes. By implementing these, we can create a safer environment for all road users and pedestrians. It is a call to action for policymakers, the DVLA, and the public to prioritise road safety and ensure our systems are equipped to protect everyone on the road.

Ann Logan is a Partner, Balfour+Manson and the Irvine family solicitor.

This article appeared in the Scotsman on Monday 24th February.