Quote:
The issue raised by Mid Mersey LMC focused on the final page of the assessment, which asks the GP carrying out the assessment if the individual meets the Group 2 medical standards or not.
The GPs felt this left them open to legal challenge so requested that this question be removed from the form, giving licensing authorities the ultimate responsibility of approving the fitness of a driver.
The GPs felt this left them open to legal challenge so requested that this question be removed from the form, giving licensing authorities the ultimate responsibility of approving the fitness of a driver.
Hate to say I told you so, but this is more or less the issue I outlined last year in a thread about Group 2 medicals in Scotland
Last year I wrote:
At a rough guess part of the problem may be that the GPs are used to the DVLA's procedure, thus may be a bit disorientated by the LA's requirements, particularly if there's been communications problems.
Suspect too that there's an element of the LA trying to put the onus on the GPs as regards drivers being medically fit, whereas the GPs will be trying to do the opposite and leaving the onus on the LA. They will always have been sensitive to that kind of thing - effectively trying to lessen the blame that they'll attract if things go wrong - but no doubt a lot more sensitive about it all after the Harry Clark bin lorry thing in Glasgow.
In fact that's very probably the reason why yours and other LAs are beefing up their medical standards.
But at the end of the day it's ultimately for LAs to decide whether the driver is fit and proper, but it's hardly a surprise that they'd prefer the onus to be on the GPs, and vice versa.
Suspect too that there's an element of the LA trying to put the onus on the GPs as regards drivers being medically fit, whereas the GPs will be trying to do the opposite and leaving the onus on the LA. They will always have been sensitive to that kind of thing - effectively trying to lessen the blame that they'll attract if things go wrong - but no doubt a lot more sensitive about it all after the Harry Clark bin lorry thing in Glasgow.
In fact that's very probably the reason why yours and other LAs are beefing up their medical standards.
But at the end of the day it's ultimately for LAs to decide whether the driver is fit and proper, but it's hardly a surprise that they'd prefer the onus to be on the GPs, and vice versa.
