Parents of toddler killed by elderly driver call for licence law change

The parents of a toddler killed after a car driven by a 91-year-old woman mounted the kerb in Edinburgh want more elderly motorists to be forced to give up their licences.

Three-year-old Xander Irvine died in June 2020 when a Kia driven by Edith Duncan veered off Morningside Road and hit him and his mother.

Xander's parents, Paul and Victoria, called for a change in the law at a fatal accident inquiry (FAI) into the incident which would mean unfit drivers are forced to quit the road.

The investigation into the crash had previously heard Mrs Duncan, who died before she could face a trial, may have been suffering from a form of Alzheimer’s disease at the time.

In a statement read to the FAI at Edinburgh Sheriff Court by the advocate depute, Mr and Mrs Irvine said they had heard of several older drivers surrendering their licences in the wake of the incident.

But they told the hearing it “did not go far enough,” and urged the introduction of stricter legislation to ensure those behind the wheel are not suffering from any cognitive impairment.

“Xander meant everything to his parents. In a fleeting lapse of cognition, judgement and consideration, he was taken from his family and their lives became unrecognisable,” it said.

“Xander’s parents know that many elderly or medically vulnerable drivers, touched by Xander’s story, have already surrendered their driving licences or been urged to by friends or relatives.

“They do not doubt that accidents, injuries and lives have been saved in the four years since Xander was killed, but they feel this does not go far enough.

“Xander’s parents do not want this to happen to anyone else and to live with the pain that they will carry forever.”

It added: “We hope that, in his memory, some things can change.”

The Department of Transport already has an ongoing review in to the licensing of any driver with a medical condition.

There is no legal age to stop driving in the UK and Mrs Duncan had renewed her driving licence earlier in the year.

Drivers over the age of 70 must apply for a new licence every three years and must declare to the DVLA if they feel they have any cognitive impairment.

Drivers found to have violated this rule can be fined up to £1,000 and could face prosecution.

Mrs Duncan had cancelled her car insurance earlier in the year as she “did not use her car enough”.

She had also been parked illegally on a pelican crossing prior to performing the U-turn manoeuvre which led to the crash.

In a police interview previously played to the inquiry, she told officers her “foot must have slipped on the accelerator” before she struck Xander and his mother and crashed into the window of a charity shop.

Mrs Duncan said she was “so, so sorry” after the crash.

She was charged with causing death by dangerous driving and driving without insurance, but died in May 2021 – months before she was due to stand trial.

The inquiry heard Mrs Duncan had an earlier accident when she reversed into another vehicle in a supermarket car park in September 2019.

That incident was never disclosed to her GP.

Experts believe Mrs Duncan, who had no family, may have exhibited signs of Alzheimer’s disease since May 2019.

A forensic psychologist who assessed her in April 2021 said she had been “articulate and sharp,” but “performed poorly” in cognitive testing.

Hundreds of people lined the streets in Morningside when Xander's funeral cortege passed in July 2020.

Mr and Mrs Irvine thanked the community for their support and said he would be “fondly remembered”.

They said: “When Xander died, his family were comforted by the outpouring of love and support from the community in Morningside and beyond.

“Xander is fondly remembered by so many people. In the three short years, two months and eight days that he lived he cut quite the figure in his local community and was known and recognised by many; the little boy with the wild blond curls and ready smile.

“This is how he will be remembered.”

Sheriff Principal Nigel Ross is due to deliver his findings from the inquiry in October.