Toddler death inquiry: Elderly drivers 'should have to pass new test'

Xander Irvine died after being struck by a car driven by 91-year-old Edith Duncan in June 2020

Motorists who want to drive after their 75th birthday should be required to pass a new test, an inquiry into the the death of a toddler struck by a 91-year-old woman’s car has heard.

Xander Irvine was killed when Edith Duncan veered off Morningside Road in Edinburgh in June 2020 and struck him and his mother before crashing into a charity shop.

Mrs Duncan was visited by a psychologist after the crash who determined she may have had undiagnosed dementia. However, Mrs Duncan died later that year.

Professor Gary MacPherson told a fatal accident inquiry (FAI) she “performed poorly” in cognitive testing in an interview following the crash.

Under current laws, it is the patient’s responsibility to tell the DVLA about any conditions which would affect their driving.

Drivers found to have violated that legislation can be fined up to £1,000 and could face prosecution.

There is no legal age to stop driving in the UK, but motorists can voluntarily surrender their licence if they fail to meet the required standards due to a medical condition.

Drivers over the age of 70 must also apply for a new licence every three years.

Mrs Duncan was charged with causing death by dangerous driving and driving without insurance having cancelled her policy in 2020 as she “did not use her car enough”.

Prof MacPherson, a consultant forensic clinical psychologist, said Mrs Duncan appeared “articulate and sharp” when he spoke to her at her home in April 2021.

But he said she “could not understand what all the fuss was about” relating to the crash and did not appreciate “the gravity of the charges against her”.

Xander was taken to the Royal Hospital for Sick Children for treatment on “multiple injuries” after the crash, but died a short time later.

Illegally parked

Office worker Sally Phillips, who ran out to the street in the aftermath of the crash, described Mrs Duncan as seeming “detached” and “pretty emotionless”.

She later told another witness, Claire Kavanagh, that her new shoes had “slipped on the pedals” prior to accelerating during a U-turn from a pelican crossing she was illegally parked on.

Dr Bethan Townend, Mrs Duncan’s GP, said all older drivers would have their skills assessed “in an ideal world”.

However, she told the hearing at Edinburgh Sheriff Court the current system would not be able to cope with requiring a GP to countersign each driving licence renewal application.

The inquiry before Sheriff Principal Nigel Ross continues.