Death of toddler Xander Irvine: FAI recommends change in law on driving licence for over-80s

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A 91-year-old Edinburgh motorist who killed a toddler when she lost control of her car was unfit to hold a driving licence, a fatal accident inquiry has ruled.

Three-year-old Xander Irvine died from multiple injuries he suffered after the Kia Picanto driven by Edith Duncan mounted the pavement in Morningside Road, hitting him and his mother Victoria on June 30, 2020.

Xander Irvine died after being struck by the carXander Irvine died after being struck by the car
Xander Irvine died after being struck by the car | Police Scotland

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The fatal accident inquiry (FAI) found that Ms Duncan was suffering from "significantly impaired cognitive ability" as a result of dementia and was unfit to drive or hold a driving licence.

And it recommended a change in the system so that drivers over the age of 80 would be required to take a cognitive test before their licence could be renewed.

Ms Duncan was charged with causing death by dangerous driving but died in May 2021 before the case reached court.

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Xander and his mother were walking on the pavement in Morningside Road when Ms Duncan, attempting to do a U-turn, lost control of the car, striking them both before crashing into St Columba’s Hospice shop. The pair were rushed to hospital where Xander died. Ms Irvine was treated for her injuries and later released.

In his determination, Sheriff Principal Nigel Ross, who conducted the FAI, said: "Had reasonable precautions been taken, prior to the collision, to assess Edith Duncan’s cognitive ability, these would have identified that she required further assessment of her driving ability.

“That further assessment would have, in turn, led to the conclusion that she was significantly cognitively impaired and unfit to hold a driving licence. The DVLA would have revoked her licence on that basis. Accordingly, had her cognitive impairment been detected, the incident would have been avoided."

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Under current laws, drivers over 70 must renew their licence every three years and must report to the DVLA if they feel they have any cognitive impairment.

But Sheriff Ross said this system of self-certification was "significantly defective".

He said: "It fails to identify unfitness to drive in applicants who either deliberately or unintentionally fail to give correct information on the relevant application form. It fails to recognise that driving ability may decline with age, or that dementia sufferers may be unaware of their own condition."

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And he recommended it should be changed "as a matter of priority", requiring any driver aged 80 or older to be given a short initial cognitive assessment before their renewal application is granted.

"Failure to pass that assessment should result in both the application for renewal, and any current licence, being suspended pending further assessment."

He noted the change would require primary legislation at Westminster.  He also said consideration should be given to setting the age for a cognitive test at 75 rather than 80.

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And he recommended the DVLA renewal form should be changed "as a matter of priority" to include further questions about the applicant's recent driving history.

And he added: "This Inquiry is limited to consideration of age-related dementia. There are many other conditions, listed by the DVLA, which render drivers potentially medically unfit to drive. It may be that some conclusions reached in this Inquiry would assist in addressing other conditions, for example eyesight or blood pressure. It may be that the recommendations in this report can be extended to cover such conditions."