Doctor's duty to inform vehicle licensing authority if patient unfit to drive

The General Medical Council (GMC) in the UK has issued draft guidance which confirms a doctor’s duty to inform the Driver and Vehicle Licensing Agency (DVLA) if a patient continues to drive against medical advice and fails to do this themselves.  The guidance clarifies that as a last resort, if a patient poses a risk of serious harm to the public by continuing to drive, the doctor should contact the DVLA even if they do not have the patient’s consent to do so. The guidance also emphasises that when diagnosing and treating patients, doctors should keep the patient’s ability to drive safely at the forefront of their minds.  Any doctors following the draft guidance should not face any sanction by the GMC for breach of confidentiality. The final guidance is expected to be published in late 2016.

In Ireland, Medical Council Guidelines provide for breach of confidentiality by a doctor if the driver represents a risk to the safety of others, refuses or cannot inform the licensing authority, fails to stop or adapt driving appropriately, and is not amenable to appropriate persuasion and discussion. The guidelines provide that health professionals should consider reporting directly to the National Driving Licence Services (NDLS) in situations where the driver is unable or unwilling to appreciate the impact of their condition which is impacting on their fitness to drive, unable or unwilling to take notice of the doctor’s recommendations, or continues to drive despite appropriate advice and is likely to endanger the public. The guidelines acknowledge that it is preferable that any action taken in the interest of public safety should be with the consent of the driver wherever possible, and should be undertaken with the driver’s knowledge, unless there is a risk of violence.

Author: Deirdre Duffy