Bin lorry inquiry findings highlight need for driver vetting

Tighter procedures for checking and recording drivers' medical histories are recommended in the determination of the fatal accident inquiry into the Glasgow bin lorry tragedy, published today.

Sheriff John Beckett QC's findings of reasonable precautions whereby the accident might have been prevented focus mainly on the failure by lorry driver Harry Clarke to tell the truth, in subsequent job and driving licence applications, about an incident in April 2010 when he fainted at the wheel of a bus. But he also points to the actions of two doctors who could have clarified the position and notified DVLA, and Mr Clarke's previous employers First Glasgow who could have provided a full and accurate reference to Glasgow Council in relation to Mr Clarke's initial application to the council.

He concluded that Mr Clarke “repeatedly lied in order to gain and retain jobs and licences”.

His 19 recommendations include a number directed at DVLA, to consider and clarify its criteria and procedures where there has been a loss of consciousness or loss of or altered awareness. The Secretary of State for Transport should consult on how best to ensure the completeness and accuracy of the information available to DVLA, and whether it is appropriate for doctors to be given greater freedom to report concerns. There are also proposals for doctors generally regarding the keeping of medical notes in relation to such conditions, and when advising an employer on a person's fitness to drive following a medical incident while driving.

Seven other recommendations for Glasgow Council and other local authorities concern procedures on employing drivers, fitting autonomous emergency braking systems to large refuse collection vehicles, and taking account of likely pedestrian numbers when planning their routes.

And among three “further matters for consideration”, Sheriff Beckett suggests that DVLA, the Crown Prosecution Service and Crown Office & Procurator Fiscal Service should review whether there are policies in place which “prevent or discourage” prosecution for breaches of ss 94 and 174 of the Road Traffic Act 1988, and if so, whether they are appropriate where the current fitness to drive regime is a self-reporting system which is vulnerable to the withholding and concealing of relevant information by applicants.

He emphasises that it was not part of his function to comment on the decision not to prosecute Mr Clarke, but he was referring to general evidence given in the inquiry to the effect that there have been no prosecutions of drivers who have failed to notify or have given false information to DVLA.

The sheriff commented: “It may well be that the single most useful outcome of this inquiry would be to raise awareness of the dangers involved in driving if subject to a medical condition which could cause the driver to lose control of a vehicle.” He particularly called for publicity to be given to the guidance, including a list of relevant conditions, to be found on the DVLA website: www.gov.uk/driving-medical-conditions, and to the fact that drivers can contact DVLA if they are not sure what to do, or consult their doctor if they are in need of advice.

Sheriff Beckett also recorded his personal expression of sympathy to the families and friends of the six people who lost their lives.

Responding to the publication, Crown Office said there were no findings in the determination that undermined its decision not to prosecute the driver. However some of the victims' families are said to be intent on seeking leave to bring a private prosecution.

Click here to view the full determination.