Legal News

The family of a three year old car crash victim believe that it is an optician’s duty to inform DVLA if a driver fails their eye test.

The family of Poppy-Arabella Clarke demand that there should be a change in legislation to make it a mandatory requirement for medical professionals to inform authorities if they suffer from conditions which make them unfit to drive such as poor eye sight.

The toddler was ran over by a pensioner who suffered from poor eyesight however her family believe that a change is required to prevent any more “unnecessary and pointless deaths”.

The toddler was walking across a pedestrian crossing with her mother as a 72 year old pensioner sped through a red light, killing her and leaving the mother with a broken pelvis.

The perpetrator, Mr. Place told the police that he had not seen the traffic lights or crossing and even though was told by two optometrists that his eye sight was weak and below standard, was still behind the wheel.

Mr & Mrs Clarke, parents of the child, believe that it should be the responsibility of opticians, doctors and other medical professionals to report drivers to the DVLA if they are believe they are unfit to drive.

Mrs Clarke, who was also injured in the incident states “It is crucial that the government creates a law to put the responsibility on medical professionals to report drivers who cannot see well enough, or have other medical issues that deem them unfit to drive, to the DVLA,” and believes that this measure will prevent incidents like this from occurring.

Mr. Place was sentenced to four years at Birmingham Court for causing death and serious injury by dangerous driving.

Presently the government regulations which medical professionals must follow when assessing drivers with visual disorders require all licensed drivers to meet the following eyesight standards:

• In good daylight, able to read the registration mark fixed to a vehicle registered under current standards


• At a distance of 20 metres with letters and numbers 79 mm high by 50 mm wide on a car registered or


• At a distance of 20.5 metres with letters and numbers 79 mm high by 57 mm wide on a car registered and


• The visual acuity must be at least have a score of 6/12 on the Snellen chart with both eyes open or in the only eye if monocular

If any driver is unable to meet these standards they must not drive and they themselves must notify the DVLA, which will refuse or revoke a licence.

However, Mr. Clarke believes the law does not go far enough and believe that it is an opticians duty to inform DVLA if a driver fails their eye tests, “If this law had been passed when the optometrists knew Place was unfit to drive his car, they would have had a legal obligation to inform the DVLA. Then perhaps Poppy-Arabella would still be here with us today…”

Detective Sergeant Paul Hughes, of West Midlands Police, raises the point of a individual accountability on all drivers stating “I hope that this case sends out a message to all drivers that you have a personal responsibility to heed medical advice and to ensure you are fit to get behind the wheel."

Neil Sargeant Motor Law specialist at Duncan Lewis, states:

"Enforcing such requirements upon the medical profession may certainly yield positive results but the question of whether the law should impose said requirement remains a tricky area.

"The legal onus to report conditions has always been upon the individual as medical practitioners are bound by patient confidentiality laws - and with good reason. Patients need to feel safe seeing their GP and not have to worry about any additional consequences which may deter people from seeking medical assistance when they need it."

The General Medical Council (GMC) issued new guidance in April 2017 and updated specific principles about reporting concerns to the DVLA. The GMC clearly states what steps a doctor should take if they believe patience may pose a risk to others by continuing to drive and contrary to widely held belief, doctors are (in some circumstances) advised to inform the DVLA but there is a process to be followed which is that they should:

1. Assess the patient’s fitness to drive against the required standard


2. Tell the patient to inform the DVLA


3. Try to persuade the patient to stop driving


4. Consider the potential risk (and report to DVLA if felt necessary)


5. Keep detailed records

How information is handled has been a controversial topic in recent years and this needs to be considered when proposing any changes to what medical professionals are required to do in terms of disclosure. There must still be an element of faith given to the general public to disclose conditions and make responsible decisions themselves.

Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. For specialist advice please call Neil on 020 3114 1145 or email him on neils@duncanlewis.com.

Neil has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretches across all road traffic law, but is most extensive in:

• Drink Driving (with breath, blood or urine samples);
• Drug Driving;
• Failing to provide a specimen for analysis whether this be breath, blood or urine;
• Being drunk in charge of a vehicle;
• Any type of road traffic case that involves a procedure conducted at hospital;
• Dangerous & Careless driving; and
• Cases involving a fatality.

Duncan Lewis Motor Law Solicitors

Recognised by the independent directory Chambers & Partners as a top tier criminal defence practice, Duncan Lewis’ Crime department has a wide selection of services with a highly skilled team of solicitors. Our services include Motoring Law, with particular expertise in drug and alcohol-related motoring offences. We can provide free and comprehensive legal advice on any motoring prosecution, regardless of the allegations.

It is crucial that you seek legal advice immediately, as an early opinion in your case can make a significant difference to the end result. Duncan Lewis Solicitors can be on hand to deal with whatever motoring law issue you may have.