Prevention of Future Deaths reports · 2017
Regulation 28 report to prevent future deaths, reference 2017-0226, written 11 Sep 2017. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 11 Sep 2017 |
|---|---|
| Reference | 2017-0226 |
| Deceased | Geoffrey Taylor |
| Coroner | Emma Carlyon |
| Coroner area | Cornwall and the Isles of Scilly |
| Category | Road (Highways Safety) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS Geoffrey Frank Taylor, deceased REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: DVLA and The Department of Transport DVLA Chief Executive — Mr Oliver Morley, Chief Executive’s Office, DVLA, Swansea, Wales, SA6 7JL Secretary of State for Transport — Mr Chris Grayling, Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR CORONER | am Dr E Emma Carlyon the Senior Coroner for Cornwall and the Isles of Scilly. CORONER’S LEGAL POWERS | make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. INVESTIGATION and INQUEST Geoffrey Frank Taylor (Date of birth 24.06.1932) of Gib Lane, Blackburn, Lancashire died in a road traffic collision while visiting Cornwall on 8" August 2016. The case was referred to the Cornwall and Isles of Scilly Coroner and after a post mortem, an inquest was opened on 17" August 2017. The inquest was heard at Truro Municipal Buildings on 20" June 2016. The cause of death was recorded as 1a) Cardiac rupture; 1b) Multiple rib fractures perforating right ventricle/atrium; 1c) Motor Vehicle Collision; 2) Cholecystitis, Cerebrovascular and Coronary Atherosclerosis. CIRCUMSTANCES OF THE DEATH Geoffrey Taylor was in Cornwall to watch a performance of his music by a Swedish Choir at Truro Cathedral. On the 8" August 2016, Mr Taylor was driving a Toyota Ayro hire car registration number [EE on the A30 from Loggans Moor roundabout towards St Erth. He parked in the roadside layby. At just before 16.38 pm, for unknown reasons, Mr Taylor attempted to carry out a “U” turn manoeuvre across oncoming traffic from both directions. As his vehicle crossed into lane two of the two southbound carriageways, it was struck by a white Peugeot Partner van registration number [J which was travelling in the same direction despite attempting to take evasive action. As a result of the collision, Mr Taylor sustained fatal injuries and despite medical support was recognized dead at the scene at 17.05. Mr Taylor was 75 years old and had a number of health issues which had caused him to voluntary surrendered his licence on a number of occasions in the past. He legally held a driving licence at the time of his death. CORONER’S CONCERNS During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows. — At the inquest concerns were raised by the police and family members as to the criteria required by the DVLA and Department of Transport for the issuing and surrendering of driving licences. In this case Mr Taylor had voluntarily given up his licence after medical events on a number of occasions. It was considered that a good number of drivers may not have given up their licence for fear or losing their independence putting their own health and other at risk. There was further concern that the driver’s GP could have a conflict of interests in such situations as they would have duty to inform the DVLA of medical issues which can affect a person's ability to drive, which could result in deterioration of the GP relationship with the patient. This was thought to be of particular concern in the elderly who may or may not have insight into their failing health (e.g. eye sight, immobility) and who would be reluctant to voluntarily surrender their licence or inform their GP of significant medical events which would result in the surrendering of their licence. ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe you AND/OR your organisation has the power to take such action. To review the manner in which licences are issues and surrendered on physical and mental health grounds and the method and criteria for assessing this e.g. the consideration of independent medical assessment or compulsory medical at timed periods, or required driving assessment YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by the 6" November 2017. |, the coroner, may extend the period. Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise you must explain why no action is proposed. COPIES and PUBLICATION | have sent a copy of my report to the Chief Coroner and to the followin Interested Persons: (nephew). | have also sent it to of the Serious Collision Investigation Team, Devon and Cornwall Police who may find it useful or of interest. | am also under a duty to send the Chief Coroner a copy of your response. The Chief Coroner may publish either or both in a complete or redacted or summary form. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me, the coroner, at the time of your response, about the release or the publication of your response by the Chief Coroner. [DATE] [SIGNED BY CORONER] 41109/2017 Augoloertt Same Nyon
1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
@ ple & From the Parliamentary oY Under Secretary of State Jesse Norman MP Department Great Minster House 33 Horseferry Road for Transport ea Here SW1P 4DR Dr Emma E Carlyon Tel: 0300 330 3000 HM Coroner for Cornwall E-Mail: jesse.norman@dft.gsi.gov.uk The New Lodge Web site: www.gov.uk/dft Newquay Road Our Ref: 206335 Penmount Your Ref: EEC/LUB Truro TR4 9AA -7 FEB 2048 Dear Emma, Thank you for sending your report of 7 September 2017 following the inquest you conducted into the death of Mr Geoffrey Frank Taylor. | am sorry for the delay in responding. First, | would like to express my sincere condolences to Mr Taylor’s family. | have considered your report carefully and although our roads are some of the safest in the world, | would like to assure you that the Government is not complacent about road safety. The Driver and Vehicle Licensing Agency (DVLA) is focused on ensuring that only those who are fit to drive are granted a licence. You asked that the Department look at the process for issuing driving licences to those with health conditions. By law, all drivers must meet the appropriate health standards for driving and a licence will only be issued to those who meet those standards. When applying for, or renewing a driving licence, applicants must declare whether they have any medical conditions. All drivers of any age also have a legal responsibility to notify the DVLA at any time of a health condition that affects safe driving. In this context, the DVLA will also investigate notifications from third parties, including concerned relatives, neighbours, police and health professionals. This recognises that there may be occasions where drivers do not notify the DVLA appropriately as they fear losing their licence or because a health condition affects their insight into their driving safety. In regard to older drivers, it is recognised that health can deteriorate in later life. Driving licences expire at age 70 and are then renewed at least every three years. Applicants renewing a driving licence from age 70 must declare that they can meet the legal eyesight standards for driving and whether they have a medical condition which may affect their fitness to drive. You also asked that the criteria are used for assessing driving fitness are considered. When the DVLA conducts an investigation into an individual’s fitness to drive, a driver will be asked to complete a medical questionnaire allowing them to describe their condition. The driver is also asked to consent to enquiries being made to their doctors. Specially designed medical questionnaires will be sent to the driver's own doctor or consultant where appropriate, to be completed based on medical notes and their knowledge and understanding of their patient’s condition. Where more information is needed to establish driving fitness, the DVLA may request a medical examination and/or driving assessment. For example, in cases of vision problems, a visual field test may be required. Where necessary, an on-road driving assessment may be requested, to obtain a view on the impacts of certain medical conditions. Driving assessments provide information on reaction time, concentration and other features of driving that, when absent, are liable to cause the individual to be a source of danger on the road. The driving assessment report forms part of the overall evidence used by the DVLA to make a decision on whether an individual should retain their licence. If the investigation finds that a driver has a relevant disability and cannot meet the medical standards, the licence will be revoked. The DVLA also has the option of issuing a licence for a shorter period of between one and five years, allowing driving fitness to be more regularly monitored. Drivers can also voluntarily surrender their driving licences to the DVLA for medical reasons at any time in writing or online. They may then reapply once their condition improves. If a driver has a relevant medical condition but does not wish to surrender their licence, the DVLA will fully investigate. The medical standards that must be met are set out in both European and UK law. Their practical application is supported by the expert medical opinion of the Department's Medical Panels. The DVLA has developed its processes to renew a licence, investigate health, or facilitate the surrender of a licence so as to be as straightforward as possible. Last year, it launched an online service allowing car and motorcycle drivers to notify the DVLA of a medical condition (the existing paper channel is still available). A key message of the campaign that launched the service was the importance of drivers speaking to their GPs about their health and driving. | recognise your concern that GPs could have a conflict of interest in notifying the DVLA of their patient's medical condition. GPs play an important role in the driver licensing process by advising their patients of the implications of their condition on driving, the effect of any treatment or medication and whether they should notify the DVLA. The DVLA published “Assessing Fitness to Drive: a Guide for Medical Professionals”, in 2016. This revised and improved guidance was developed using significant input from medical professionals. Its re-launch was publicised in medical publications as well as through the General Medical Council (GMC) and other medical organisations. This guidance is available online at: www.gov.uk/guidance/assessing-fitness-to-drive-a-guide-for-medical- professionals. The GMC updated its guidance about confidentiality and reporting concerns to the DVLA in April 2017. This highlights a doctor's duty to disclose information to the DVLA where a patient has failed to do so. The guidance confirms that GPs no longer have to seek a patient’s consent to contact authorities if they do not feel it is “safe and practicable to do so”. Doctors should inform the DVLA if they consider that their patient is medically incapable of safe driving. The guidance also states that doctors should still try to persuade patients to contact the DVLA voluntarily. The College of Optometrists has also issued similar guidance to its members. The Royal Society for the Prevention of Accidents (RoSPA), with funding from the Department, has developed an older drivers’ website: www.olderdrivers.org.uk/. The website contains information to help older people to continue to drive for as long as they are safe to do so. It includes details on driving assessments and refresher training. It also provides advice on making the decision to retire from driving, if an individual is no longer able to drive safely. Driver education schemes are also provided by local authorities and these are an effective way of providing support for older drivers and ensuring they remain fit and competent to drive. ho int } JESSE! ORMAN
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