Are the UK's requirements in respect of driving and eyesight fit for purpose? A legal perspective on proposed reform

A recent inquest into the tragic deaths of four individuals in three separate road traffic incidents involving drivers with deteriorating eyesight has cast serious doubt on the adequacy of the UK’s current visual standard requirements for motorists.

This has prompted legal, medical and political scrutiny of whether the existing framework is sufficient to protect road users and whether significant reform is now due.

A system under the spotlight

HM Senior Coroner for Lancashire, Dr James Adeley, conducted the inquest and issued a Report to Prevent Future Deaths to Transport Secretary Heidi Alexander. In his report, he criticised the UK’s licensing system as “the laxest in Europe”, commenting that enforcement of visual legal standards for drivers was “ineffective and unsafe”.

Self-reporting means that it is the responsibility of the individual driver to notify the DVLA (Driver and Vehicle Licensing Agency) if they are suffering from a medical condition, including issues with eyesight, that could impact their ability to drive safely. This approach assumes that drivers will have the awareness, honesty, and willingness to report such impairments, and that they will do so in good time.

Dr Adeley described the current system as “unfit to meet the needs of society” as evidenced by the cases he was investigating, in which the three drivers involved were all prosecuted and received custodial sentences of between 32 months and 7 years 4 months. The drivers involved had failed to declare known deficits with their eyesight or driven contrary to medical advice.  Tragically, these are commonly the type of failings that only come to light following serious injury or fatal road traffic collisions.

Potential legal reforms and the UK Government’s response

Following the Coroner’s Report to Prevent Future Deaths, it is understood the Department for Transport is considering changes to the current eyesight requirements for driving as part of their Road Safety Strategy, which could be published by the end of 2025.

Whilst there are already stricter requirements and procedures in place for professional drivers who hold LGV or PCV licences, should reforms be introduced following the Department for Transport’s review, they are likely include more stringent requirements for all licence holders, such as regular mandatory eyesight testing and declaration of results.

Such measures would align the UK more closely with jurisdictions where medical certification or routine testing is a prerequisite for maintaining a driving licence.

Legal implications for those affected

As with the cases investigated by the Coroner, if a driver is aware of issues with their eyesight prior to driving and being involved in a serious road traffic incident, and that issue is determined to be a cause or contributory factor in that incident, the driver is likely to be prosecuted and face the potential of a lengthy custodial sentence.  It becomes more complicated if a driver was unaware of issues with their eyesight that affected their ability to drive safely.   Having a system of more robust requirements would root out such drivers.

How LMP Legal can help

Being involved in a serious road traffic incident can have devastating consequences and if a driver’s impaired or deficit eyesight was a contributing factor, this will serve to aggravate the matter.

At LMP Legal, our team specialises in motoring offences. We understand the complexities of such cases, and are experienced in engaging with the police, prosecutors and relevant medical experts following serious road traffic incidents involving eyesight, or other medical, issues.

If you need proactive, expert legal support, contact LMP Legal today for tailored advice and representation.