Eyesight rules for motorists unsafe, says coroner

Peter Westwell was hit by Neil Pemberton, 81, as he crossed the road in Langho, near Blackburn

An inquest into the deaths of four people killed by drivers with failing eyesight has found enforcement of visual legal standards for motorists is "ineffective and unsafe".

HM Senior Coroner for Lancashire Dr James Adeley has sent a report to Transport Secretary Heidi Alexander to say action should be taken to prevent future deaths.

He labelled the licensing system as the "laxest in Europe" as he pointed out the UK was one of only three countries to rely upon self-reporting of visual conditions affecting the ability to drive.

A source close to the transport secretary said the government accepted the rules "need to be reassessed".

They added: "We are not ruling anything out regarding changes to eyesight requirements for driving.

"This will be considered along with wider efforts to improve safety as part of the government's road safety strategy."

It is thought the strategy could be published by the end of the year, after which ministers would consult on any proposed changes.

Grace Foulds and Marie Cunningham were crossing the road in Southport when they were struck

Dr Adeley said it was concerning that the UK was the only European country to issue licences without any visual checks for a continuous period up to the age of 70.

He made the remarks at the inquests of Marie Cunningham, 79, Grace Foulds, 85, Peter Westwell, 80, and Anne Ferguson, 75, held earlier at Preston Coroner's Court.

Friends Mrs Cunningham and Mrs Foulds were struck by Glyn Jones, 68, in his Audi A3 as they crossed the road in Southport, Merseyside, on 30 November 2021.

Jones was aware for some years before the collision that his sight was insufficient to meet the minimum requirement to drive a car but failed to declare it to the Driving and Vehicle Licensing Agency (DVLA).

When he was jailed for seven years and four months, his sentencing hearing was told he could not even see his steering wheel clearly.

Mr Westwell was hit by Neil Pemberton, 81, as he crossed the road in Langho, near Blackburn, on 17 March 2022.

Pemberton, who was jailed for 32 months, had a long history of eye disease and was informed on several occasions by different clinicians that he should not drive, the inquest heard.

He also repeatedly failed to declare his sight deficit on multiple licence applications to the DVLA.

Mrs Ferguson died when she was struck by a van driven by Vernon Law, 72, in Whitworth, Rochdale, on 11 July 2023.

A month before Law was told he had cataracts in both eyes but he lied to an optometrist that he did not drive.

Law, who was jailed for four years, knew he had problems with his eyes for years before the collision but his sight loss could easily have been corrected.

Law also failed to declare his sight issues on multiple licence applications to the DVLA, the inquest at County Hall heard.

'Selfish people putting others at risk'

Following the inquests, the family of Mrs Cunningham said: "Our mum, and her friend, were killed by the selfish, reckless actions of Glyn Jones.

"His decision to put his own convenience before the law, before ethics, before human lives, cost our family everything.

"This tragedy was not inevitable. It was entirely avoidable.

"And we are left grappling with the painful truth that if this man had acted responsibly our mum would still be with us."

Terry Wilcox, of Hudgell Solicitors, representing the families of Mrs Cunningham, Mrs Foulds and Mr Westwell, said loop holes that are available for drivers who want to evade reporting on their eyesight are "jaw-dropping".

He said: "People ignore what they are told when it doesn't suit their lifestyle, and in reality there is nothing in place to stop selfish people putting others at risk by getting back behind the wheel.

"We presently have a system under which the DVLA relies upon drivers to self-report, hand over their licence and stop driving when they've been told by a qualified healthcare professional that their eyesight is not to the required standard.

"This inquest has shown that simply doesn't happen."

'Ineffective, unsafe and unfit'

Dr Adeley said: "The four fatalities shared the same feature that the driver's sight was well below the standard required to drive a car.

"The current system for 'ensuring' drivers meet the visual legal standards is ineffective, unsafe and unfit to meet the needs of society as evidenced by the deaths of Marie Cunningham, Grace Foulds, Anne Ferguson and Peter Westwell where the DVLA continued to provide licences to drivers who had failed to meet the legal sight requirements."

The Department for Transport said it would consider the coroner's report once received.

A spokesperson added: "The NHS recommends adults should have their eyes tested every two years and drivers are legally required to inform the DVLA if they have a condition which affects their eyesight.

"We are committed to improving road safety and continue to explore ways to achieve this."

Rob Heard, chairman of the Older Drivers' Forum, warned that more people would die if changes were not made soon.

He called for it to be made compulsory for opticians and GPs to check a person's eyesight once they turn 70, and inform the DVLA via an online system without the "worry of breaching patient confidentiality".

"A car is a lethal weapon and we need to be fully in control and safe on the roads to be able to control it," he said.

Mr Wilcox said there is currently no infrastructure for IT which would allow a sight test to be uploaded to the DVLA.

"You can be told the car is unsafe but a driver is never told they are unsafe and the DVLA aren't informed - the driver is unsafe," he said.

"Drivers are the solution and yet we don't appear to have anything in place to solve the problem."