One for the motoring law gurus

[pauldaf44]

My father has recently started driving again, despite the fact that 5 years ago the GP instructed him not too. They didn't take his licence on a trust basis so that he could use it as ID. 5 years later on his parkinsons has progressed significantly and he is back behind the wheel.

He regularly freezes for periods of 10 to 15 minutes at a time, and his motor control is badly slowed. He is dangerous and a liability on the road.

He is technically legal as he is insured and has a driving licence. Is there anyway that I can advise the DVLA and try and get him stopped or at least competency tested.

Sorry for un retro related topic but has some retro pictures to compensate

[retrowagen1234]

I think i heard before you can report it to the police who will instruct his doctor... I think its possible to do this with anyone you belive to be dangerous , I.e drink or drugs... .... as you say he hasnt done anything illegal..... parkinsons is a horrible thing...

[Speedman]

Its a terrible thing for an older driver to admit they can't drive any more, giving up the independence and mobility is very difficukt. My dad had a few strokes last year and was told not to drive, he too kept his license and waited until his doctor said he could drive again. He is taking it slowly with only a few very short trips so far.

Best advice I can give is maybe speak to his doctor and see if he can talk to your dad, it may feel like you're going behind his back but its for his and other drivers safety. If the doctor can produce a letter to the DVLA to get the licence revoked he would be forced to return it.

[optima21]

check the questions that are asked about the driver(s) on the insurance policy. one of the questions on my declaration is.....

"Do you or does any person who to your knowledge will drive have any history of defective vision not corrected by glasses or hearing not corrected by hearing aid, diabetic, cardiac or alcaholic condition, or any disease or physical or mental infirmity or fits of any kind?"

can he honestly answer no to that question?

[kafermeister]

Have you spoken to your dad about this? Surely it's best to discuss this with him first, explain that you think it's unsafe and see if he'll stop voluntarily. If he still insists on driving then it would be time to ask the police/doctors to intervene.

[pauldaf44]

I have spoken to him he will not budge. Ive also had several people coming after me cause hes nearly run them off the road

[93fxdl]

difficult situation. but would taking his keys away or immobilise the vehicle until his gp gives the all clear be a possible solution
ttfn glenn

[10mpg]

yep that's what i'd do ...

let see him try to drive down the road with his car up on blocks and the wheels moved to a mates house...

it sounds harsh but i'd do that straight away, like before he can get in the car again, before he injures someone else or himself.

If you believe his driving to be that bad then you have a responsibility to him and yourself to stop him going out there.

How would you feel if something did happen and you hadn't acted, could you have that on your concience? I know i couldnt, I'd far rather have my dad hating me than a death or serious injury happening that i could have prevented.

Everytime I've dealt with the DVLA or the local plod on a civil matter they have been more hassle than they're worth, by all means go that route but STOP him driving first, then involve the bureaucrats.

My partner 'lost' her licence for a year due to a health problem, turns out they have no power to remove your licence, they just ask you to relinquish it, which my partner did for her 'trial year' all was fine so she got it back, again she just applied for it no questions were asked ect..

[spunkymonkey]

The only legal way is to report it. Taking keys would be theft, immobilising the car would be criminal damage.

Having said that, have another talk with him and make sure he's aware of the potential effects for him if he continues and has an accident:

His insurance would be legally required to pay up for any 3rd party claim but would take him to the cleaners to recover their loss if he hasn't informed them.

As the licence holder he (not his doctor) has a legal requirement to notify DVLA of a condition like this. Not sure offhand about the penalties for failing to but they should be easy enough to google. If he's involved in an accident as a result of this they will throw the book at him.

So, if anything happens that will be criminal proceedings from DVLA and a bloody great civil suit from his insurers.

Make sure he fully understands that and, if he's still determined to continue, report him before he kills someoone.

[will]

I like us all on this here forum would be gutted if my physical state meant that I was unsafe to drive. My grandad has had to accept this fact not so many years ago but the fact is that if you are unsafe then that's that, get off the road.
It is personal choice to put yourself at risk but the nuns/kittens/children and there families whose lives may be devastated do not have that choice.

I personally would immobilize the car till you have found a legal way to stop him. Maybe show him this thread so he realizes that many have the opinion he should be of the road.

[justanotherhigh]

My Grandfather had a cataract operation last week and insisted on taking his VW T25 camper out for a drive in the country the following day, with a patch over one eye. Bearing in mind the old guy's nearly 84, he's got enough trouble driving with two eyes.
After finding out, he's had a 'talk' with every member of the family and promised not to take the van out again until he's had both his eyes finished!
If he'd caused an accident or death then he would've been 'hung out to dry', so if you can stop him driving, Paul, you should.

[pauldaf44]

Just managed to get his social worker to talk to me. Hopefully social services will be able to arrange an assesment which he will fail.

On the insurance front he is driving a Motability car so his condition will be known to insurance as thats why hes got the car. I also think hes taking extra meds before appointments as he always seems a lot less shaky. On saturday he had to be picked up out of his car as he had frozen and fallen whilst getting out. A neighbour rescued him before the police and ambulance service arrived. If they had to take him out of the car rather than a neighbour I think they would have stopped him on the spot. His key may get "lost" in the clutter of the house untill Ive spoken to social services and his GP

[HARDCORE]

That's a horrid situation to find yourself in buddy

I think 'loosing' the key while you wait for the official route to take its course is wise. Reporting the situation to his social worker / GP is the right thing to do but these things take time and he might injure himself (or someone else) while you wait..

FWIW if it were a member of my family that car would be going nowhere. Relationships heal, injuries may not..

HC.

[robg2]

Jun 10, 2010 23:38:20 GMT spunkymonkey said:

Taking keys would be theft, immobilising the car would be criminal damage.

Yes - but of no consequence unless a charge is brought against you. If you take his keys or immobilise his vehicle to prevent him driving for the sake of the common good, no judge would ever find you guilty.


It's definitely the best way in my opinion - immobilise his car and make sure he has no access to others.

It will be hard on you, but it will be less hard than picking up the pieces after an accident.



On a connected theme, my local paper recently reported the case of the PASSENGER in a car that was crashed by a drunk driver (fatality) also getting a prison sentence. I believe it was the first time that had happened in the UK, and the passenger was found partially responsible for the accident because they had not taken reasonable measures to prevent the driver from driving despite knowing that they posed a threat to other road users.

Sorry for making it sound dramatic but you could also be in this situation if your father caused an accident and you had not taken reasonable measures to prevent him from driving considering that you had known about his condition.

I'm afraid that by writing this on a public forum you have admitted knowledge at least - you really should think very carefully about it now.
My advice is to take his keys.

[bigkris]

i feel for you mate that cannot be a nice situation to be in.

i have no advice but good luck.

[MrSpeedy]

I feel for you mate in this tricky situation.
I agree with the masses on this one, that the car should be made immobile util you can sort things out with your dad, for everyone's safety.
I can see myself being in a similar situation in a fe years with my dad tbh, and i won't hesitate one bit in enforcing it if he ever gets to the point of being told not to drive.

Good luck with it all

[stealthstylz]

What car is it? Just open the bonnet and take the spark plug leads off altogether no risk of damage and he isn't gonna ring the police about having his wheels stolen before asking you where they are.

Matt

[pauldaf44]

Hes got a C3 picasso 1.6 diesel. No removing spark plugs there and it has locking wheel nuts and one of these stupid keyless entry things. Ive reported him and notified the police and a couple of friends have now reported him for dangerous driving. As soon as we found out he was driving again my brother emailed the DVLA but they didn't even deem to send a reply absolutly useless

[JohnnySomersett]

remove the battery

[rodit]

This must be a truly hard time for you dude.

I found out that the onset of altzeimerz had got a lot worse with my great aunt on a visit.
Had to come home and talk to the family about getting her put into a home, not nice at all, but definately for the best.

Speak to motability and explain the situation to them, i would think they would be able to show some powers or guide you in the right direction.
Also try to offer to take your dad places, yeah it's a few hours out of your life but look what our parent have done for us, also this will hopefully show him not having his wheels is not going to make him house bound which may be his worry.

Best of luck with this very hard situation.