Failing Eyesight and Driving in the UK: The Legal Risks and Calls for Change

Recent inquests into fatal crashes involving drivers with poor eyesight have put a spotlight on the UK’s laws governing visual fitness and driving. The deaths of Marie Cunningham, Grace Foulds, Peter Westwell, and Anne Ferguson have reignited a debate over whether existing criminal and regulatory measures are sufficient to prevent avoidable road tragedies.

Legal Duties for Drivers with Vision Impairments

Under UK law, all motorists must ensure they meet the legal eyesight standard for driving. This includes being able to read a number plate from 20 metres away, and informing the Driver and Vehicle Licensing Agency (DVLA) — or the DVA in Northern Ireland — of any condition that may impair driving ability.

Failure to do so can result in prosecution, a fine of up to £1,000, and potential loss of one’s driving licence. However, as a recent inquest revealed, the DVLA has never referred a case to police for prosecution in instances where drivers failed to disclose a relevant condition — raising serious questions about enforcement and deterrence.

Criminal Law Implications

If a driver knowingly continues to drive despite having been declared unfit by a medical professional, and this results in injury or death, they could face serious criminal charges — including causing death by dangerous driving. These offences carry custodial sentences and reflect the criminal responsibility that comes with ignoring medical advice and endangering the public.

Solicitor Terry Wilcox, who represented several bereaved families, warned that the current reliance on self-reporting is “ineffective and unsafe.” He emphasised that the law offers no mechanism to forcibly prevent individuals from continuing to drive once they’ve been told to stop — unless they are caught in the act by police.

Ageing Population and the Law

The UK is currently the only country in Europe that allows drivers to hold a licence without any compulsory vision checks until the age of 70. After 70, licences must be renewed every three years, but this still does not include a mandatory eyesight test. The system instead relies on drivers voluntarily disclosing health changes — a point that has come under intense scrutiny following these recent incidents.

The Role of Healthcare Professionals

While optometrists and doctors may advise patients not to drive, they are not legally required to report unfit drivers to the DVLA — unless it is deemed to be in the public interest. Current General Optical Council guidance suggests that optometrists should report patients who continue to drive against advice, even without patient consent. However, enforcement of this is inconsistent, and many optometrists are reluctant to breach patient confidentiality.

Evidence of Widespread Non-Compliance

Surveys indicate a troubling reality: 29% of UK drivers admitted they would continue driving despite knowing their eyesight was below the legal standard. Additionally, over half of UK optometrists say they have recently encountered patients who refused to stop driving after being advised to do so.

This paints a picture of a regulatory system that is largely toothless unless a driver is involved in an accident or stopped by police. The coroner presiding over the inquest in Lancashire, Dr James Adeley, described the current legal framework as “unfit to meet the needs of society.”

Special Measures: Cassie’s Law

Introduced in 2013, Cassie’s Law allows police officers to request the urgent removal of a driving licence through the DVLA when they suspect a driver poses an immediate risk. However, this can only be triggered through direct police intervention, which is rare unless there’s already been an incident.

The law was introduced after the death of 16-year-old Cassie McCord, who was killed by a driver who had failed a police eye test just days prior but was legally allowed to keep driving.

Calls for Reform

Optical associations, legal experts, and bereaved families have joined together in urging reforms. Key proposals include:

• Mandatory vision checks when applying for or renewing a driving licence, especially post-70.
• Automatic reporting requirements for healthcare professionals.
• Stronger penalties for non-compliance and clear referral pathways between the DVLA and police.

The Department for Transport has acknowledged the issue and committed to reviewing the coroner’s report. A response is due within 56 days.

Conclusion

The cases that have come to light show that lives are being lost due to systemic failures in enforcing eyesight standards among drivers. With over six million people over 70 currently holding licences in the UK, the risk is not merely theoretical. Legal reform, enhanced criminal accountability, and stricter reporting protocols may be essential to prevent future tragedies and ensure that public safety is prioritised on Britain’s roads.

How We Can Help

At Morton’s Solicitors, we specialise in legal representation for motoring offences where professional legal advice is essential. Call us directly on 0161 230 4816 or email us via our contact page for fast, confidential advice.