An investigation into the crash, which killed six people and injured 17, has found numerous things that could have been done to prevent it after driver Harry Clarke, then aged 57, lost control of the lorry when he fainted due to a medical condition.
In response the Sheriff Court of Glasgow has called for changes to the law, including increased penalties and prosecutions for drivers who fail to declare medical conditions, and a shake-up of DVLA practices in the wake of the bin lorry crash.
The vehicle mounted a pavement, busy with pedestrians and Christmas shoppers, killing six people, including two grandparents and their granddaughter. It later emerged Mr Clarke had suffered a similar episode while driving in a previous job, but this had not been disclosed to his new employer, Glasgow City Council (GCC) whilst his references to GCC had also gone missing.
Although the Crown Office decided not to charge Mr Clarke with a crime, Sheriff John Beckett found that eight “reasonable precautions”, all related to the driver’s health, could have been taken but weren’t, and has made 19 recommendations. These include:
Much greater awareness-raising by the DVLA to the medical profession of the dangers and implications of medical conditions for fitness-to-drive.
Stronger investigations by the DVLA when they are given information by a third party that someone may not be fit to drive.
The consideration of changes to the law, including increased penalties and prosecutions for drivers who fail to declare medical conditions.
The DVLA has said it is "carefully considering" the recommendations.
In addition, the sheriff made a number of recommendations to GCC, including that a capacity to drive safely must be a pre-requisite of employment to drive bin lorries, and that GCC, when employing a driver, should not allow employment to commence before references sought had been received. He added that: “That approach may commend itself to other local authorities and indeed any organisation employing a driver. It is of particular importance in the case of organisations which employ drivers of large goods vehicles and multi passenger vehicles.”
The sheriff also said: “Glasgow City Council should carry out an internal review of its employment processes with a view to ascertaining potential areas for improvement in relation to checking medical and sickness absence information provided by applicants, for example by having focussed health questions within reference requests for drivers and obtaining medical reports in relation to health related driving issues from applicants’ GPs.”
As reported by website Out-Law.com, litigation expert Craig Connal, QC of Pinsent Masons, the law firm behind Out-Law.com, has commented on the implications for firms with vocational drivers.
"Information suggesting that a driver, or potential driver – as this will extend beyond those who drive for a living to most or at least many employees who may drive at some point in their duties – may be unfit or at risk could come to light in many ways, such as following an incident, in the course of routine health checks, when investigating absence," he said. "It may also arise when considering what reference to give, or what references to ask for; and how to follow up information included there.
"This will require careful consideration in light of existing rules, patient confidentiality and the expertise – or otherwise – of those likely to get the information. The one thing which cannot safely be done is to ignore the issue. If there is another fatality, anywhere in the UK, arising from a faint or collapse at the wheel it can be expected that the actions of those who could – it will be claimed – have avoided the incident will be examined with a fine tooth comb," he said.
Meanwhile road safety charity Brake has welcomed the sheriff’s findings. Gary Rae, director of communications and campaigns for Brake, the road safety charity, said: “We urge all drivers to ensure they fully disclose any medical condition that prevents them driving safely to the DVLA, or the DVA in Northern Ireland. We recently backed draft strengthened guidelines for doctors from the General Medical Council on reporting medically 'unfit' drivers to the driver agencies, but it’s clear more action needs to be taken, some at government level, to stop another tragedy like this from happening again.”