Usefulness of Austroads' fitness-to-drive guidelines: Lessons from the Gillett case

Beran, Roy G., Gerber, Paul and Devereux, John A. (2009) Usefulness of Austroads' fitness-to-drive guidelines: Lessons from the Gillett case. Medical Journal of Australia, 190 9: 503-505.

Author Beran, Roy G.
Gerber, Paul
Devereux, John A.
Title Usefulness of Austroads' fitness-to-drive guidelines: Lessons from the Gillett case
Formatted title
Usefulness of Austroads' fitness-to-drive guidelines: Lessons from the Gillett case
Journal name Medical Journal of Australia   Check publisher's open access policy
ISSN 0025-729X
1326-5377
Publication date 2009-05-01
Sub-type Article (original research)
Open Access Status Not yet assessed
Volume 190
Issue 9
Start page 503
End page 505
Total pages 3
Place of publication Strawberry Hills, N.S.W., Australia
Publisher Australasian Medical Publishing Company
Language eng
Subject 2700 Medicine
Abstract • Regina v Gillett deals with a man who did not disclose his epilepsy when seeking a drivers licence. Subsequently, he had a seizure while driving, causing an accident in which three people died. He was found guilty but appealed. • During the trial to decide whether Gillett was guilty of dangerous driving occasioning death, the judge decided that the Austroads fitness-to-drive guidelines were extraneous to legal consideration of the acceptable risk to be attached to chronic medical conditions. • Although the appeal was unsuccessful with respect to guilt and sentencing, it did reinstate the relevance of the Austroads guidelines when evaluating suitable risk with respect to potentially dangerous drivers. • We suggest that even greater protection can be afforded to the community if a clearly enunciated warning, outlining a driver's responsibilities, were to appear on each drivers license.
Formatted abstract
Regina v Gillett deals with a man who did not disclose his epilepsy when seeking a drivers licence. Subsequently, he had a seizure while driving, causing an accident in which three people died. He was found guilty but appealed.
• During the trial to decide whether Gillett was guilty of dangerous driving occasioning death, the judge decided that the Austroads fitness-to-drive guidelines were extraneous to legal consideration of the acceptable risk to be attached to chronic medical conditions.
• Although the appeal was unsuccessful with respect to guilt and sentencing, it did reinstate the relevance of the Austroads guidelines when evaluating suitable risk with respect to potentially dangerous drivers.
• We suggest that even greater protection can be afforded to the community if a clearly enunciated warning, outlining a driver's responsibilities, were to appear on each drivers license.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
 
Versions
Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 8 times in Thomson Reuters Web of Science Article | Citations
Scopus Citation Count Cited 8 times in Scopus Article | Citations
Google Scholar Search Google Scholar
Created: Thu, 03 Sep 2009, 18:01:46 EST by Mr Andrew Martlew on behalf of T.C. Beirne School of Law