Driving loophole which led to the deaths of four people

"In reality, there is nothing in place to stop selfish people putting others at risk by getting back behind the wheel"

11:02, 26 Apr 2025

An inquest has shed light on "life-threatening gaps in the system" following the tragic deaths of four people on Britain's roads. Marie Cunningham, 79, Grace Foulds, 85, Peter Westwell, 80, and Anne Ferguson, 75, were all killed by drivers who had been told to give up their licences.

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Best friends Ms Cunningham and Ms Foulds were struck down and killed by driver Glyn Jones on Lulworth Road in Southport[1] in November 2021.

Jones, 67, had been told more than 10 years earlier that he had a degenerative eye condition which meant that his vision was "well below the standard required" to be driving. He admitted two counts of causing death by dangerous driving,[2] and was jailed for seven years and four months in January last year.

The case formed part of a wider inquest into the deaths of people killed by drivers who carried on getting behind the wheel despite being told not to do so by health professionals due to their failing vision.

Other victims included Peter Westwell, 80, who was killed by driver Neil Pemberton while crossing a road in Billington in March 2022, and Anne Ferguson, 75, who was killed in July 2023 after being hit by a van driven by Vernon Law.

Pemberton had been told to stop driving in 2013 due to his bad eyesight, and Law had been warned by opticians that he had severe cataracts in both eyes.

The inquest, led by coroner James Adeley at Preston Coroners Court last week, highlighted "many life-threatening gaps" in the system. Under current laws, people who are told that they have a medical condition affecting their ability to drive safely are expected to inform the DVLA themselves, give up their licence, and not drive again.

Doctors and other medical professionals, such as opticians, are required to record details of failing eyesight affecting driving in patient's medical records, but are not obligated to directly notify the DVLA unless they have strong suspicions the patient is continuing to drive.

They have a duty to advise patients about their legal obligation to inform the DVLA, and drivers can be fined up to ?1,000 if they fail to do so.

But other authorities, such as the police, currently have no access to information about people who have been told they should not be driving because of their eyesight.

The inquest heard how Neil Pemberton, who caused the death of Mr Ferguson in 2022, had repeatedly told medical professionals he was not a driver.

He then reapplied for his licence in 2014, 2017 and 2020, on each occasion indicating to the DVLA that there was nothing wrong with his eyesight.

Vernon Law, who was responsible for the death of Ms Ferguson, had also told his optometrist he was not a driver after being diagnosed with severe cataracts.

The inquest heard that, at the time of the accident, his eyesight had only been 10% of what it should have been in his left eye, and 20% of what it should have been in his right eye.

The inquest also heard estimates that around 2% of drivers would currently fail the present driving eyesight test, equating to around 750,000 drivers a day, and 4,250 daily journeys on the M25.

Terry Wilcox of Hudgell Solicitors, representing the families of Ms Cunningham, Ms Foulds and Mr Westwell, said: "This inquest heard how four much-loved people were taken from their families as a direct consequence of people blatantly ignoring the advice of medical professionals to stop driving due to their failing eyesight, knowing they were a risk to others on the roads.

"So many life-threatening gaps in the system have been exposed. It is quite frankly frightening. 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.

"We heard evidence from two of the drivers themselves, who despite the terrible consequences of what they had done, still tried to defend their entirely selfish actions.

"Their evidence was utterly appalling to hear - but also provided a hugely important reflection of the scale of this issue we are dealing with.

"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.

"Put simply, the DVLA and the Department of Transport has no accurate statistical data or evidence of the number of visually impaired people driving on our roads on a daily basis with failing eyesight. Tests are not done regularly enough, and when they are, they serve no purpose.

"Essentially, the only proof of suitable eyesight drivers have to provide is on the day of their driving test, when a number plate has to be read from 20 metres away. If you pass your test at 17, you are not asked to provide real evidence or proof of your eyesight ability ever again.

"Whilst drivers have to reapply for their licence at 70, it's simply a tick-box exercise.

There is no requirement to produce evidence of eyesight ability, and the inquest heard that medical professionals are massively restricted by patient confidentiality rules and regulations."

He welcomed the coroner's decision to issue a Prevention of Future Deaths Notice to the Department of Transport, adding: "We hope this inquest leads to change, and that change happens quickly.

"We want to thank the Coroner for the way he has conducted this inquest, highlighting the quite frankly astonishingly blas? attitude towards the safety of people on our streets and roads, and also for his issuing of a Prevention of Future Deaths Notice."

References

1. ^ Southport (www.liverpoolecho.co.uk)
2. ^ He admitted two counts of causing death by dangerous driving, (www.liverpoolecho.co.uk)