Support road.cc

Like this site? Help us to make it better.

Driver who killed cyclist could not read number plate three metres away

The family of Jim Tassell, fatally hit on the B3400 in Hampshire in July 2021, pleaded with "anyone who is concerned about an elderly driver to act so other families do not have to go through the pain and devastation"...

An elderly driver who hit and killed a cyclist when unable to read a registration plate three metres away has been jailed for six months for causing death by careless driving.

Peter Gardner was sentenced on Friday at Salisbury Crown Court having pleaded guilty. The court heard that the 82-year-old's eyesight had been far short of the distance motorists are required to be able to read a number plate from (20 metres), and that Gardner had been told by an optician he may be developing cataracts, but did not arrange a follow-up appointment.

Prosecutor Berenice Mulvanny told the court Gardner was driving in the same direction as Jim Tassell and, "Witnesses described [Mr Tassell] being catapulted two metres into the air. All the witnesses said Jim could be seen."

In his sentencing remarks, the judge said Gardner must have been aware his eyesight was failing before Friday 23 July 2021 when the driver hit 70-year-old Mr Tassell on the B3400 between Andover Down and Hurstbourne Priors at around 10am.

Mr Tassell was rushed to Southampton General Hospital by air ambulance but died five days later, with his family now pleading with elderly drivers to make sure they are medically and legally fit to drive.

"We are pleased the judge imposed a custodial sentence as this gives us a small piece of justice. We hope this sentence acts as a warning to any elderly driver with poor eyesight to ensure they are medically and legally fit to drive," the Tassell family said in a statement.

"We urge anyone who is concerned about an elderly driver to act so other families do not have to go through the pain and devastation that was inflicted upon us."

Mr Tassell was nearing his 50th wedding anniversary and in her victim impact statement wife Stephanie said Gardner's "arrogance and selfishness" had killed her husband, while son Ben said the driver had robbed "my mum of her husband and of her world".

"It is abundantly clear that you should not have been behind the wheel of a car. You have robbed my children of the best granddad," Mr Tassell's daughter Emma added.

Police Sergeant Spencer Wragg, of the county's Roads Policing Unit, stressed all drivers, regardless of their age, "Have a responsibility to ensure they are fit and healthy".

"This was a tragic and completely avoidable death," he said.

"If Peter Gardner had made sure he was safe to drive then this collision would not have happened, saving the Tassell family the pain and turmoil they have been through. 

"All drivers, no matter their age, have a responsibility to ensure they are fit and healthy. By getting behind the wheel with poor eyesight, you are putting your own life and the lives of other innocent road users at risk.

"If you are concerned about your eyesight, or the eyesight of a loved one who drives, please find help and advice at https://olderdrivers.org.uk/

Dan is the road.cc news editor and joined in 2020 having previously written about nearly every other sport under the sun for the Express, and the weird and wonderful world of non-league football for The Non-League Paper. Dan has been at road.cc for four years and mainly writes news and tech articles as well as the occasional feature. He has hopefully kept you entertained on the live blog too.

Never fast enough to take things on the bike too seriously, when he's not working you'll find him exploring the south of England by two wheels at a leisurely weekend pace, or enjoying his favourite Scottish roads when visiting family. Sometimes he'll even load up the bags and ride up the whole way, he's a bit strange like that.

Add new comment

37 comments

Avatar
lonpfrb replied to hawkinspeter | 2 years ago
0 likes
hawkinspeter wrote:

I'm of the opinion that we shouldn't be using eye/health services to deal with road danger - it should be obvious to observers that certain drivers are barely in control of their vehicle e.g. difficulty staying within their lane or spotting hazards very late. There's an overall cost to society if people are dissuaded from seeking medical attention (including eye health) so I don't think that these rare cases make it worthwhile to have opticians reporting patients.

What we need is more police dealing with traffic and definitely better resources to deal with dashcam submissions. I daresay that a car black-box would have flagged up a driver with poor eyesight.

The sooner that we get the wetware out of motor vehicles the better, and safer for all concerned.

Avatar
EK Spinner replied to eburtthebike | 2 years ago
6 likes

"and you consider that they will not or cannot inform the DVLA/DVA themselves"

That is the get out clause there, the patient says, yes I will pass that information on to the DVLA

It should be incumbant on the optician to inform DVLA whenever they make this kind of assessment

 

Avatar
Troon replied to eburtthebike | 2 years ago
6 likes

The obvious problem with that is that people that know their eyesight is failing will not go to the optician and risk being reported… thus driving with even less suitable glasses.

Avatar
chrisonabike replied to Troon | 2 years ago
3 likes

Good point - with failing eyesight how will they find the opticians?  Particularly when driving past them in their car...

Avatar
SaneRebel replied to Troon | 2 years ago
1 like

Make it mandatory for ALL drivers to submit an eye test and doctor's fitness to drive report to the DVLA say ever three years...

Avatar
ktache replied to Troon | 2 years ago
2 likes

According to recent adverts SpecSavers can come to you.

Avatar
makadu replied to eburtthebike | 2 years ago
4 likes

eburtthebike wrote:

...

But I've just googled it, and they can now, from the General Optical Council:

"You should inform the DVLA/DVA where:

you have assessed that a patient may not be safe to drive; and
you consider that they will not or cannot inform the DVLA/DVA themselves; and
you have a concern for road safety in relation to the patient and/or the wider public."

...

Too many get outs in the statement - only a should, then only if they think they will not inform - so optician only has to state they believed the person would inform the DVLA themselves and no wrong done.

I would suggest for opticians and doctors the statement should be changed to 

   "You must inform the DVLA/DVA where:

   you have assessed that a patient is not safe to drive."

i.e. make it mandatory to report with no get out relying on drivers to self inform.

 

Pages

Latest Comments