If I heard correctly, the police (CPS?) are not proceeding with the allegation that the driver gave false info on his licence app, but the relatives of the victims are considering civil action against the driver. Is the doc who signed the medical liable? How do you know if you have blacked out?
The Crown Office said before the fatal accident inquiry that no criminal charges would be brought against Clarke. The DVLA have confirmed that they will not prosecute Clarke in the English court system.
Sheriff Beckett has confirmed the families could bring a private prosecution against the driver, but if they choose to do that then Clarke
has to be told that, before he appears as a witness at the FAI. As evidence he gives could be used against him in a future trial.
I doubt the doctors can be held liable, as they had no access to Clarkes medical notes, so had to rely on his answers to complete the form.
I think what this is shown is that driver medicals are based on trust and is probably due for review.
So if kill people and you lie totally about your health ■■■■ all is done about it when it comes to a medical yet I cannot get my licence back even though the most senior consultant specialising it my heart condition said I was perfectly OK …100% recovered . But some jumped up ex GP in Wales who works for the DVLA has me banned for two more yrs !
FFS what a system.
It needs to be updated .
If the families bring a civil case then it can’t/won’t carry a custodial sentence,they can only go for compensation I believe.
I may be wrong
In Scots law a private prosecution can have a custodial sentence. AFAIK the only difference is the Crown Office is not
prosecuting, other than that it is normal court process.
What would have ahppenedif he’d simply changed his address?
Seems there’s no need for a medical if you move.
hopefully someone will get him and duff him up properly
Soldier z:
What would have ahppenedif he’d simply changed his address?
Seems there’s no need for a medical if you move.
This is what I’ve mentioned on this site before about this dodge, some might think it’s clever, using the change of photo or address to get round a medical, it could come back and bite you in the arse, or kill someone!
I’d rather know about my state of health and if I thought I had any medical problem like blackouts or dizzy spells, I’d own up, these questions are asked of you when you do your D4.
I could not live with myself if someone had lost their life because I had lied to keep my job.