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news
Statue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpgMotorist, 88, gets three-year driving ban for killing cyclist
An 88-year-old motorist who ran over and killed a cyclist on a roundabout despite witnesses yelling at him to stop has been banned from driving for three years – although he has not driven since the fatal crash and never plans to do so again.
Frederick Clague, who pleaded guilty at Liverpool Magistrates’ Court yesterday to causing death by careless driving, did not see cyclist Simon Jones, aged 46, before he hit him on the roundabout in Hoylake, Wirral, on the afternoon of 27 November 2019.
The Liverpool Echo reports that Clague struggled to stop the car, running over Mr Jones. People nearby lifted the car off him, but he died in hospital four days later.
Prosecutor Alan Currums told the court that Mr Jones “stopped breathing, was resuscitated, but sadly died on December 4.”
He said that Clague “entered the roundabout at what appears to be a normal speed and went into the path of the cyclist,” who tried to steer clear but with the driver failing to brake, he fell beneath the front of the car.
“The vehicle itself doesn't stop, it was driving forward at a slow speed,” Mr Currums added.
One witness said that despite people “screaming, shouting and waving their arms at the car,” Clague “continued to drive over the top of him [while] slowing right down.”
He said that the motorist got out of his car and asked, “Where did he come from, who is he?”
According to another witness, he said: “I couldn't make it stop, it wouldn't stop.”
In mitigation, Tom Gent said it was a “tragic case” and that Clague was “devastated by the consequences of his actions.”
He said: “He is so desperately sorry for what he did and wishes he could turn back the clock.
“He wakes most nights thinking of Mr Jones - of course his suffering can't be compared with that of Mr Jones.
“He will forever be haunted by the consequences of his mistake,” and added that Clague had held a clean driving licence for 60 years.
Sentencing Clague, District Judge Paul Clarke said that the crash was “far from deliberate” and resulted from “inattention,” but was also “aggravated to some degree to fail to regain control of the vehicle.”
Acknowledging that Clague remained at the scene and had been left “disturbed” by what had happened, the judge said: “This is not a case that calls for imprisonment, I think that would serve no purpose.”
He imposed a 16-week curfew on him from 8pm-8am and said that should he wish to regain his driving licence once the three-year ban ends, he would have to take an extended retest – although Clague has not driven since the fatal crash and never intends to do so again.
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.
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51 comments
My business is plumbing and heating. If you are a gas engineer you must be assessed every five years to prove your competency, and to keep up to date with the latest regulations. The same goes for pressurised hot water systems. Both have the potential to kill. Same for electricians.
There should be a similar system applied to motoring. It's a potentially lethal weapon and yet I've been driving for 40 years without any ongoing checks as to my competency. I would welcome it.
In Australia we do for elderly drivers. When you reach 75 you are required to have an annual medical. From 85 you must do an on-road driving assessment every two years in addition to the annual medical. Quite likely that under this system that 88 year old would not have been driving.
I agree there should be routine competency assessments for all motor vehicle drivers.
I'd like to see something like that happen across the board
Out of interest, just found this on a quick G search. This suggests elderly drivers are a risk mainly to themselves - crashes (per mile) where others are killed are still at a lower rate than drivers in the 20 - 30 age bracket. The concentration of safety worries on this age group is misplaced, particularly when considering the low numbers of those driving. The worst most dangerous drivers are in the age group up to 30 - I don't think any of us will be particularly surprised at that....
So from what that says, the situation here seems to have parallels with the misguided yet popular notion that cyclists are a pernicious menace that needs to be clamped down on, whereas the truth is - in both cases - that the danger is chiefly to themselves, and their small number means they are of little relevance to the overall picture. But if it saves one life...
Quite. If it saves one life I can stop worrying about the hundreds of lives ended prematurely each year by people like me.....
Tell me what the data is to support these mandatory tests everyone is demanding for certain age groups. 'Coz I see no need. You can pop your knees back in now. I am aware that it's a 2013 article but I'd be surprised to see these figures change too dramatically. Bad driving is nothing to do with age, gender or marque of car.
https://www.bbc.co.uk/news/magazine-24204489
What are the figures for people killed and injured by drivers as per the news item?
You'll have to do your own research on that, the footy's on. I'm sure there's something out there to show that older drivers are a higher risk. I just couldn't find it for some reason.
This looks at the question of risk posed by age of driver.
https://www.rand.org/pubs/research_briefs/RB9272.html
Where's the figures for people killed by these drivers?
Whilst jail might not be appropriate in this case, what actual purpose does a 16week curfew have during a pandemic with ongoing lockdowns ?
I feel it will be far easier for courts to permanently ban drivers when the option of self driving cars becomes a reality.
Then again it could be argued that even today, losing your licence to drive could be replaced by using taxi services.
Permanently ban the AI driving the car?
I have 2 comments on this (without calling for retesting etc)
1. I know he is unliely to drive again, but the avenue has been left open for him to regain his licence. Its time that life bans became at least an option for killer drivers
2. Whilst I am a supporter of regular tests etc perhaps the first stage would be to change the regular application to renew licnces for older drivers away from being a self declaration. Thier eyesight(including periferal vision) / reactions / flexibility (they need to look over shoulder, see round massive A pillars etc) has to be assessed independantly.
I'm not sure I'm 100% on the current system.
1. If you don't renew you have to retake the test, don't you? So I assume if he wants to drive again he will have to do that?
2. If you lie on your self declaration and have an accident isn't this a seperate criminal offence? ie if this person had lied and the killed somebody I'd like to think that's manslaughter. That's the only way self declararion has any chance of working. As we know if there are no consequences lots of drivers do what they like.
In this instance his sentence includes an extended retest if he wants his licence back, I suspect that as he will be 91 and not driven for 3 years that he is unlikely to do that so he is probably off the roads permanently.
The current system is self declaration and it is either 5 or 10 years (not checked) but as you get older physical condition can go downhill quite quickly. I would bet the declaration is quite valid if in can't be proven to be wrong at the time it was made (if an optician or doctor has recomended that you don't drive for instance) but that all would only come to light after a crash so doesn't really make roads safer.
I would prefer if medical professionals could notify DVLA and have licences removed (possibly need an appeals process obvs) and independant assesments rather than self declarations so that problems are corrected before thier luck runs out
In most walks of life where qualifications are held there is a requirement for continuos professional development. Driving should be treated the same way, we all need to review our photo driving licences every 10 years, add a requirement to be properly assessed and the government gets more cash and drivers whose abilities have reduced are removed from the roads.
This would require better public transport and better police enforcement though, as both of these are woefully inadequate at present.
Absolutely disgusting, this is exactly why annual driving tests for the over-80s should happen imo.
Agree but Driving resits for license renewal for everyone every 10 years as well. He had an "unblemished" record for 60 years which means he passed his "test" in 1960. He has not been needed to be tested since and if he had, maybe his senses would have been kept sharper.
The penalty for the driver does seem rather light. But for those discussing the fitness of older people for driving, it's worth remembering that it's young drivers who are the biggest risk on average to both themselves and other road users.
The driver in this instance was distracted and failed to react. Why was that? Was the person on the phone r fiddling with the vehicle's heating or music system? Distracted driving is a serious issue that is not being properly addressed.
I do think periodic retesting of all drivers, myself included, wouldn't be such a bad thing for overall road safety. I also think the car test should include a mandatory section on cycling on the road (those unable to cycle would be offered the option of a hand cycle or tricycle unless physically unable, which would be the only reason for not completing the section).
I got my car licence a very long time ago. I got my motorcycle licence about four or five years later and to be honest, I learned a whole lot more about driving from the motorbike test than from the car test.
"it's worth remembering that it's young drivers who are the biggest risk on average to both themselves and other road users."
I presume this is based on accidents/injuries/deaths per year, and perhaps not based on accidents driven per mile of driving?
Yes, that's correct. Older drivers don't tend to drive that far every year. But then young drivers aged 17-24 don't tend to drive really huge distances either.
Burrowing into the statistics might disclose a higher risk factor/mile for older drivers. But bear in mind that older drivers also don't tend to drive fast, as shown by crash statistics. So any crashes they are involved in tend to be less severe. Young drivers aged 17-24 are far more likely to speed and to misjudge conditions.
It's not a simple topic to get to the bottom of. But I still feel overall that older drivers aren't the biggest problem for safety on UK roads.
The reason that older people's fitness for driving is being raised is because Every. Single. Time. an old person seriously injures or kills someone because they 'didnt see', 'confused the brake with the accelerator' or 'insert other old person excuse here', people - the judiciary included - fall over themselves to pat them on the head, say 'there, there, you didn't mean did you?', tell everyone else that 'it was just a silly mistake', then send them home with a cuppa.
Apologist bollocks. (very) old drivers are far too often a danger to everyone on the roads, walking on pavements, in shops...
Younger drivers can go to prison, much older drivers don't seem to be able to go to prison, which leaves older drivers being permanently banned from driving to my mind.
The crash data shows that older drivers aren't the biggest risk. I'm not apologising for anyone. I'm just using the actual crash data to make an informed comment.
It is hoped that younger drivers are gaining experience from a non existing base, and therefore may improve, the elderly drivers seem to be only deteriorating. I'm guessing it's fairly downhill for most 80+
My thoughts and condolense to the family and friends of Simon Jones.
This could happen to any of us.
Its always very sad when a life is lost on the roads. Personally I believe every driver of a vehicle should be re-tested every few years, me included, as on very rare occassions I have to drive a vehicle. Driving a vehicle requires skills that requires all round observations and concentration at all times. It never ceases to amaze me that drivers of vehicles always seem oblivious to cyclists and other road users, and bleat sorry mate I didnt see you. The standards of driving today are just shocking.
Appaling. Could happen to any of us.
Anyone who is culpable for ending someone else's life through their own driving needs to have their license revoked permanently.
Given the circumstances how is this not a life ban? It's not as if the usual "can't work without a car bullshit" was mentioned?
Mandatory life bans for killer at fault drivers. They still have an amazing deal compared to their victims and their families (who seemingly, are ignored in cases such as this)
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