The Government announced this week plans to impose tougher penalties on motorists as part of a new road safety strategy due to be published in the autumn.
The new regime introduces mandatory medical assessments, vision and potential cognitive screening, and risk-based checks administered by the DVLA for those aged 70 and over.
The move follows an inquest into the deaths of four people who were killed by motorists with failing eyesight. HM Senior Coroner for Lancashire, Dr James Adeley, found that the enforcement of visual legal standards for motorists in the UK is “ineffective, unsafe and unfit to meet the needs of society”. Dr Adeley issued a Prevention of Future Deaths Report to Transport Secretary, Heidi Alexander, proposing that action should be taken to prevent future deaths on the road where motorists are found to have failing eyesight.
It was highlighted by Dr Adeley that the UK is one of only three countries to rely upon self-reporting to the DVLA of visual conditions impacting the ability to drive. The licensing system operates in a way which allows people to drive without any visual checks for a continuous period up to the age of 70. Following this, a person is required to renew their licence every three years but there is no mandatory vision check as part of the licence renewal.
Currently, in order to pass a driving test, drivers must be able to read a number plate made after 1 September 2001 on a parked vehicle from 20 metres away. A visual acuity of at least decimal 0.5 (6/12) measured on the Snellen scale (with glasses or contact lenses if necessary) is the minimum eyesight standard for driving. Lorry and bus drivers must have a visual acuity of at least 0.8 (6/7.5) measured on the Snellen scale in their best eye, and at least 0.1 (6/60) in the other eye.
Where a person drives without meeting the required standards, they can be prosecuted and fined up to £1,000 and face the potential loss of their driving licence.
As part of the Government’s new strategy, motorists over 70 could be banned from driving if they fail compulsory eye tests when they renew their driving licence every three years. The strategy also includes plans to reduce the drink driving limit in both England and Wales to bring it in line with the law in Scotland, and plans to endorse a person’s licence with penalty points where they are found to not be wearing a seatbelt. Also under consideration are potential medical tests for conditions such as dementia. Those diagnosed with dementia are asked currently to self-report their condition to the DVLA and a decision is made with reference to medical records and a questionnaire completed by the driver.
With regard to the drink-drive limit, it is expected to be lowered from 35 micrograms of alcohol per 100 millilitres of breath to 22 micrograms. Scotland implemented lower limits in December 2014 following an independent review of drink and drug driving law.
Other Government proposals include the police having authority to rely on roadside saliva tests for evidence of drug driving rather than blood tests. This is in an effort to make it easier to prosecute drivers suspected of committing drug driving offences.
The Government’s planned overhaul of driving laws does not, however, include more robust driving licence rules for new and young motorists, which has been criticised by the AA. There are calls for the introduction of graduated licences placing limits on new drivers such as being prohibited from carrying peer-age passengers for an initial period after they pass their practical test. The Government are concerned that this could potentially overly target younger drivers although the imposition of restrictions is to be kept under review.
Why are the rules changing for drivers over 70?
In a survey conducted in 2024, it was found that over 5.7 million UK drivers are aged 70 or over, many of whom continue to drive into their 80s and 90s without formal assessment. The lack of structured testing means that common age related health issues such as impaired vision, delayed reactions and dementia are not always recognised.
The Government’s new strategy is therefore targeted at improving road safety whilst supporting the independence of qualified senior drivers. Under the new rules, licence renewal frequency remains every three years however mandatory medical fitness assessments will be introduced, as part of which vision tests and cognitive assessments may be required. The DVLA will have the power to issue limited licences, such as daytime only driving, or require a driver to take refresher driving tests in some cases.
Where drivers fail medical checks, they may receive short-term licences or licences restricted by a certain condition. There will also be random DVLA screenings of drivers regardless of their health declarations.
How do the rules impact drivers over 70?
Where drivers fail to report a deteriorating condition, this could lead to legal liability or their insurance being rendered invalid, especially in circumstances where they have been involved in a road traffic incident. Drivers aged 70 and over should be prepared for a more rigorous licence renewal process.
There is no automatic ban from driving. However, the DVLA will take a risk-based approach to ensure safety to the public whilst preserving independence and autonomy. It is advisable to schedule regular medical and eyesight checks, even before 70, and keep records of any assessment.
It is important for drivers 70 and over to be aware of the process. You will receive a licence renewal reminder from the DVLA approximately 90 days before your licence expires (as before). If required, a medical appointment should be booked via your GP or approved medical professional to assess your visual, physical and cognitive fitness. In terms of the required documentation, this includes a medical form, test results, conditional licence or requests for further information and testing.
If licence renewal is approved by the DVSA you will receive a photocard licence for three years. Where conditions apply, a restricted licence of shorter renewal period may be issued.
Appealing the decision of the DVSA is an option where applicants are of the view that the decision made is unfair. The overall approach taken by the DVSA will be to assess risk. Stricter checks are likely to be triggered by diagnosed or suspected conditions such as dementia, stroke, epilepsy, Parkinson’s and visual disorders like glaucoma. These may also apply in circumstances where there is evidence of a driver being involved in accidents or near misses on the road suspected to have been caused by medical impairment.
It is important for insurers to be aware of these changes and understand that there may be a shift in drivers aged 70 and over both in terms of renewing their insurance policies and managing circumstances in which conditions / restrictions have been placed on their licence.
Speak to an expert
At Weightmans, we offer specialist road traffic advice and work closely with insurer clients to advise on the implications of changes in the law and how this can impact business.
