Support road.cc

Like this site? Help us to make it better.

“You should hang your head in shame,” judge tells 82-year-old driver who ran over cyclist

Victim says:"How can any human being be so callous to reapply for a driving licence?"...

An 82-year-old motorist who left a cyclist with life-changing injuries after running him over, and then applied to renew his driving licence days later, has been told by a judge, “You should hang your head in shame."

Derby Crown Court was told that in May 2016, motorist Gilroy Tennant "failed to give way" to cyclist Austin Finley, who was turning right from Derby Road, Sandiacre, into Brooke Street.

The Derby Telegraph reports that the cyclist was unable to avoid the collision and was thrown onto the bonnet of Tennant’s car before landing on the road, said Sarah Allen, prosecuting.

"He then watched in horror as the defendant's car continued to drive very slowly towards him at about 3mph,” she said.

“The defendant proceeded to drive over him, his front wheels went up onto his torso and he was terrified that he would drive over him with the rear wheels too.

She added: "The defendant did eventually stop and came to a rest with Mr Finley's head just under the driver's door with the weight of the car on him."

It took the emergency services 20 minutes to free the cyclist, whose injuries included a broken collarbone, 11 broken ribs and a collapsed lung as well as internal bleeding.

In a victim impact statement, he said: "As I lay in the road I watched as the car approached me very slowly. He must've seen me – I was on the bonnet moments before.

"What happened next was the most harrowing experience I've ever witnessed. I was left trapped under the vehicle with the weight of it crushing my chest for 20 minutes – it was extremely traumatic.”

He continued: "I didn't know whether I was going to die or not and if it wasn't for the excellence of the emergency services it could have been fatal.

"This has caused severe and long-lasting anguish for me and my family. My wife was brought to hospital not knowing whether I was alive or not and my son travelled back from university in Wales not knowing whether he would see his dad alive.

“My mum was very ill and passed away soon after the incident.

"The driver of the car showed no remorse,” Mr Finley added. “He could've stopped his car. The fact that I was not killed at the scene was down to pure luck. If the car was another inch higher it would have crushed my neck, and six inches higher my head.

"How can any human being be so callous to reapply for a driving licence?"

Pleading guilty to causing serious injury by dangerous driving, Tennant was sentenced to eight months’ imprisonment, suspended for 12 months, and an eight-year ban from driving.

Sentencing Tennant, Judge Peter Cooke described the incident as an "astonishing manifestation of poor reactions.”

He said: “It came as close to fatal as this could have been. You were interviewed by police about the accident and you accepted no responsibility whatsoever. You blamed the crash on the cyclist and you actually applied for a fresh driving licence.

“That is shocking. You should hang your head in shame.”

The case raises the issue of whether older drivers should be required to undergo mandatory retesting in order to retain their licences, something the charity Cycling UK has called for.

> Do we need mandatory retesting for older drivers?

Last year, motorist George Barrett was convicted of causing the death through dangerous driving in 2014 of cyclist Ian Jobson. The driver was aged 78 and had defective vision at the time of the fatal incident, but was not wearing glasses.

After Barrett was banned from driving for live and given a suspended prison sentence, the charity Cycling UK said that it recognises that sentencing elderly and otherwise law-abiding citizens for driving offences, when they have a long and largely unblemished driving record, is an unenviable task for judges more accustomed to punishing offenders they perceive the prisons were designed for.”

However, it added that the case in question “raises the increasingly important issue of how, with an ageing population where people want to maintain independence and continue driving as long as possible, the DVLA regulates and tests the fitness to drive of those whose reactions, sight and road confidence are declining.”

In 2013, legislation known as ‘Cassie’s Law’ was introduced after the death of an 11-year-old girl hit by a car driven by 87-year-old Colin Horsfall, who had failed a police eyesight test days earlier.

Cycling UK added: “Should some of these drivers still be on the roads, should we be looking again at driver re-testing, and how do we ensure that medical fitness to drive involves more than self-certification?”

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

Add new comment

48 comments

Avatar
Jackson | 7 years ago
1 like

Unpopular opinion but I say get old people off the road unless they've demonstrated they are up to it every year after age 70 (as is required in many other countries). Driving is a privilige not a right and it has the potential to cause innocent parties death or serious injury, as it has here. What they'll do to get around is a problem to be solved, but it's not the responsibility of innocent road users to sort that out. 

The generation who got free university education, proper jobs, proper healthcare and pensions can't also expect to cut about the place mowing down cyclists without a care in the world.  

Avatar
kil0ran | 7 years ago
3 likes

You have to reapply for a new passport every ten years so why not a driving license? Charge a similar amount as you're charged for a new passport and be done with it. As has been said, could potentially be done in a simulator which may speed up the process.

As things currently stand it oftens falls upon the family to take the driving license away and that's not the best way.

Longer and truly enforcable bans are what's needed. Maybe something that can be done in conjunction with insurance companies and manufacturers. Perhaps involving tagging offenders?

I know how much my Nan valued the independence having her car gave her but when we took her license away and showed her how much she saved by using a taxi when she needed one she was happy. With the growth of Uber and the ilk (and the rising cost of motoring) it may be education that's needed to convince the elderly to give up driving...

Avatar
beezus fufoon replied to kil0ran | 7 years ago
2 likes

kil0ran wrote:

Perhaps involving tagging offenders?

microchips... looser skin at that age

Avatar
Valbrona | 7 years ago
3 likes

All the stats show that it is young men who pose the greatest danger to other road users ... by far.

Avatar
davel replied to Valbrona | 7 years ago
2 likes
Valbrona wrote:

All the stats show that it is young men who pose the greatest danger to other road users ... by far.

Is this actually the case: I've never seen 'all the stats'.

I can find stats on collisions and driver age, and I can find breakdowns by licensed driver age, and if you build a picture from that, young males (say 24 and under) make up the riskiest group.

But that's a shit picture. It does a poor job of covering likelihood of being involved in an accident. It doesn't tell us anything about how often those drivers, by age, are on the road. Despite that, this line, based on these stats, are trotted out repeatedly.

The bit that's missing for me at a minimum is miles driven - I just don't think I've seen that, and my Googling's having no joy. I suspect that if we threw that into the mix, older drivers' safety record is pretty dire.

Edit: I'm all for regular re-testing. I could well have lapsed into some bad habits or forgotten stuff that would see me fail if I was tested tomorrow. And that'd just be tough shit.

Avatar
Metaphor | 7 years ago
3 likes

The issue of older drivers needs to be dealt with - they will represent an increasing proportion of the population, and therefore age-induced accidents will become increasingly common.

Avatar
beezus fufoon | 7 years ago
0 likes

on the one hand, this guy should not be driving...

but on the other, it does seem that, because of the design of both cars and roads these days, there is an increasingly narrow margin of error and demand for almost instantaneous reaction times - so, other than the elderly, we also see a larger number of mistakes made by those who have to drive 10 hour days for a living...

maybe we should make 80 the minimum age limit for driving, and make them all ride bikes before that age?!

Avatar
SNS1938 | 7 years ago
1 like

Too many drivers to test everyone every 5 years, even though it would improve the standard of driving.

All drivers will get sloppy/lazy etc over time, however older drivers get bad habbits (as do all) AND have physical deterioation at a higher rate than young drivers. As much as it's age discrimination, it is necessary to help older drivers know when it's time to stop driving (maybe just stop driving at night or on motorways first, but eventually completely stop). Right now it seems so many keep driving until something happens, then stop driving. That's a bit late.

Avatar
oceandweller | 7 years ago
1 like

Another thought about all this. Age itself isn't the problem. I know a 93-year-old who's still driving & is probably as safe as anyone. On the other hand I know 30-year-olds - we probably all do - who shouldn't be on the road. However, suddenly feeling old does damage one's confidence, & confidence is an essential part of good driving, along with more obvious things like reaction speed & coordination (which may or may not decrease with age). When I see examples of bad driving in real life, many of them - things like going right round a roundabout in the left lane, cutting across all the exiting cars - do seem to me to be issues around confidence, so that's something I'd like to see a retest address.

Avatar
oceandweller | 7 years ago
8 likes

+1 to pretty well all the above. Retesting everyone every 5 years would be nice, but I can see some practical difficulties (like, a small army of extra testers). Retesting everyone over (say) 70 every 5 years, though, (& maybe every year after 80) looks like a no-brainer. It doesn't have to be a full test - eyes, physical coordination, emergency stop, & a quick spin around the roads would do it I'd think. Could even be done in a driving simulator, with a couple of dangerous situations & emergencies as part of the simulation. But, please!, it **has** to happen soon. I'm saying this as a 67-year-old, by the way.

Avatar
ooldbaker | 7 years ago
1 like

From the point of safety obviously mandatory regular testing would be good, but even as a cyclist I have to admit is is totally impractical. You have to recognise that people rely on cars for work and other commitments. To lose your job for failing a three point turn when nervous in your seventh driving test would be overkill.

When I recently had a cardiac arrest and an ICD fitted the hospital made me aware that I had to notify the DVLA to surrender my Licence for six months. It might have been sensible for them to action the process rather than relying on me to do it but I imagine that if anyone is medically unfit to drive they are already told and like in the above story it will come out in court if you ignore the advice.

Avatar
madcarew | 7 years ago
3 likes

Cycling Uk's comment about the judges having the unenviable job "sentencing elderly and otherwise law-abiding citizens for driving offences, when they have a long and largely unblemished driving record" is pretty pertinent. I think the vast majority of these cases could be dealt with simply with a driving ban, in many cases long enough to make reapplying a non-issue. Sending the elderly to prison or similar is of no benefit to anyone really. With this guy's failure to recognise his liability, possibly dementia is already setting in....

Avatar
ooldbaker replied to madcarew | 7 years ago
2 likes

madcarew wrote:

....a driving ban, in many cases long enough to make reapplying a non-issue....

I agree, but why not make it a life ban anyway. Send the message that it is simply not acceptable.

The fact that this gentleman got a specific length ban may be why he applied to have it reduced and doesn't send the right message to younger drivers who might not see an 8 year ban in the same way.

Avatar
CXR94Di2 | 7 years ago
12 likes

I believe that 5 yearly retest of all drivers should be mandatory. It should serve to refresh​ driving standards and discover medical problems. Drivers who fail should then do an extended test after a debrief and re education of the driving/hazard awareness. Driving should not be a right but an privilege after proving skills .

Avatar
paulrattew | 7 years ago
20 likes

I don't agree with the idea that just older drivers should be required to undergo mandatory restesting. To a large degree I think that is discriminatory and doesn't tackle the actual issues. 

I think that licences should only last for 5/10 years, at which point everyone, no matter what age, has to reapply and do some form of test to show that they are still of a suitable standard. I also think that there should be a medical sign off as part of this, and that doctors / medical profesionals should have to report any issues that may hamper a driver's ability to drive to the DVLA. It shouldn't be the case that drivers can self certificate that they are fit to drive. 

 

Cases like this are horribly depressing and just reflects the attitude that driving is a right. I'm so glad that in this case it didn't lead to the cyclist losing their life

Avatar
Nick T replied to paulrattew | 7 years ago
1 like

paulrattew wrote:

I also think that there should be a medical sign off as part of this, and that doctors / medical profesionals should have to report any issues that may hamper a driver's ability to drive to the DVLA.

 

they do, try telling your GP you think you might have sleep apnea and see what happens

Avatar
Griff500 replied to Nick T | 7 years ago
5 likes
Nick T wrote:

paulrattew wrote:

I also think that there should be a medical sign off as part of this, and that doctors / medical profesionals should have to report any issues that may hamper a driver's ability to drive to the DVLA.

 

they do, try telling your GP you think you might have sleep apnea and see what happens

Been there, seen this, it doesn't work.
The medical sign off is based on a questionnaire, the doctor asks the patient questions and writes down the answers. Was through this with my father, who "understated" the number and extent of strokes, his cognitive abilities etc. I lobbied the GP stating that he was unfit to drive, only to be told "I can't discuss it with you, and I have to base my answers on his responses". How nuts is that, asking a stroke damaged man about his cognitive abilities?

Avatar
oozaveared replied to paulrattew | 7 years ago
1 like

paulrattew wrote:

I don't agree with the idea that just older drivers should be required to undergo mandatory restesting. To a large degree I think that is discriminatory and doesn't tackle the actual issues. 

It is not discriminatory anymore than a breath test is. And the issue of licencing is by its nature discriminatory.  We don't let anyone drive we discriminate against people that don't hold a licence because they can't pass the test, have never applied or have been banned.  You drive a vehicle under licence that you are capable and fit to drive.  If you are not capable or fit then ergo.

It would be discriminatory if you just said at say 70 you can't drive anymore because that would be an arbitrary restriction not based on ability.

I do think though that aged 70 the continuance of a driving licence should require both an optician and a GP to sign you off for another year.  

 

Pages

Latest Comments