The Limited Times

Now you can see non-English news...

Debate on fitness to drive: The risk of unrecognized patients in traffic

2019-09-24T07:34:41.816Z


In mid-September died in an accident with an SUV in Berlin four people, the driver should have had health problems. Is a stricter verification of license holders necessary?



Does it require a new legal regulation on roadworthiness in road traffic? After a SUV accident in Berlin in which four people died, many are concerned with the question of whether there should be a kind of reporting obligation for persons suffering from physical or mental illnesses.

At the beginning of September, the man in the Berlin district of Mitte had strayed off the road at a crossroads with his SUV. His co-driver later said to the investigators, the 42-year-old had suffered an epileptic seizure. Also, the lawyer of the driver commented on it. He pointed to an "acute health emergency" of his client.

The debate about the limits of roadworthiness in traffic flares up again and again after such serious accidents. In some countries, motorists have to check their ability to drive from a certain age - but not in Germany. Therefore, in the past, senior citizens in particular have regularly been the focus of discussion - for example, after an accident in the spring of 2016: In Baden-Wuerttemberg Bad Säckingen an 84-year-old lost control of his car. He raced to a bakery, two people died.

But also the health condition of drivers repeatedly occupied the German justice. A special stir attracted a process in 2012 at the Hamburg district court. The year before, four people died in the district of Eppendorf, because a then 40-year-old had a seizure at the wheel. Although the man had been diagnosed with an epileptic seizure in 1993, he continued to drive and cause several accidents. In court, the man insisted that he was not aware of the disease. Later he was sentenced to imprisonment of three and a half years for fourfold negligent homicide. He had to give up his driver's license for five years, "unfortunately not forever, if I may say so in my own words," said the judge in the verdict.

But not only physical illnesses can lead to dangerous situations in traffic, as in the spring of 2016 in Norderstedt in Schleswig-Holstein. At the wheel a man suddenly heard voices. Shortly before, he had discontinued the medication for his psychosis independently. For hours, the then 47-year-old raced through the city, colliding with three other cars, one person was injured. The Kiel district court decided a year later to instruct him to the drug new hiring in a psychiatric clinic. In addition, he was deprived of his driver's license for three years - the man had already given the man during his arrest.

Does it require stricter rules on driving in Germany? "The rules that apply in Germany are good," says Gerhard Hillebrand, lawyer for traffic and criminal law and vice president for traffic at the ADAC. "With the risk of unrecognized patients, we have to live in traffic." But when is it not possible to drive a vehicle in Germany? We give answers to the most important questions.

When may one drive in Germany?

As a general rule, those who hold a valid driver's license may only drive motor vehicles if they do not endanger themselves and others. That says the license regulation. Diseases such as epilepsy, diabetes as well as mental health problems can restrict the ability to drive if there is no medication. The same applies to the consumption of alcohol, drugs or strong drugs. "Just as the driver checks his car before driving for technical defects, he is obliged to question whether he is suitable for driving himself," says lawyer Hillebrand.

Who determines the driving ability?

If a patient is questioned about the ability to drive a vehicle, a doctor in charge will usually refer him to an external assessor for fitness to drive. There, a physician qualified in traffic medicine decides according to the so-called "assessment guidelines for fitness to drive". The result is received only by the patient.

Does the result have to be communicated to the driving license authority?

No. But the doctor is obliged to enlighten the patient: "He must inform the patient about restriction or fitness to drive," says Ruediger Born, managing director of the "Federal Association of established traffic psychologists eV" Then find out that the patient continues to drive anyway - which in most cases difficult to check - the doctor must seek a conversation with him to prevent self and other hazards. "A doctor must not break his confidentiality," says lawyer Hillebrand. Neither he nor the patient are obliged to inform the authorities. The only exception: the case of a "justifiable emergency". For example, if there is danger to life and limb, the doctor may break his duty of confidentiality to the investigating authorities. This is stated in paragraph 34 of the Criminal Code.

May the police alert the authorities to a driver after an accident?

Yes. If the police incur an accident on the road or if the driving behavior of a person negatively affects her, so that a suspicion of danger arises, she has the opportunity to inform the driving license authority. In this case, the authority first contacts the person concerned and asks them for an interview with a case officer. If further questions arise during this meeting, the clerk can ask a traffic physician for an assessment.

When does the driver's license have to be handed in?

If at the time of the examination a missing fitness to drive is determined. This notification is sent to the patient by post, the driver's license is thus ineffective. Then the person concerned has only one option left: to file an objection against the decision of the authority.

When does a patient get his license back?

Unlike a general ban on driving a sick person does not get his driving license automatically after the expiry of the lock-up period. Instead, he must reapply the driver's license. As a result, the Authority may require that a medical certificate or medical report be provided demonstrating that it is suitable for driving a vehicle.

A person causes an accident due to illness or medical emergency - can they be prosecuted for it?

Criminal law raised the question of negligence. If someone has a heart attack at the wheel and causes an accident, it can be difficult to prosecute. However, if a driver is aware of a disease - such as epilepsy - and the resulting potential danger to other road users, then he acts negligently and must expect criminal consequences.

What must be considered when taking medicines?

The pharmacologist Gerd Glaeske of the University of Bremen distinguishes between two groups when it comes to the use of drugs in the street: people, such as diabetics or epileptics, who need medication to be able to drive on the street. And persons whose fitness to drive decreases by taking medicines. "Certain over-the-counter flu remedies or painkillers with multiple active ingredients can severely limit the ability to react," says Glaeske. "And with prescriptive means the leaflet does not relieve the doctor". Also, because not every patient reads the leaflet. Therefore, physicians and pharmacists have a duty to educate patients about the side effects of medications. Glaeske calls for a warning to be printed on the packs of preparations if they could cause safety problems on the road or at work.

How long is the driving license in Germany and the EU valid?

In 2013, the most recent EU driving license reform came into force. Until then, the license was valid for a lifetime - at least in Germany. That has now changed: Every 15 years motorists have to apply for a new driver's license. However, they do not have to show much more than a photo ID. In many parts of Europe, this is different: most countries demand from a certain age, the medical review of fitness to drive. In Luxembourg, for example, there must be a medical examination from the age of 60. In Portugal, the driver's license is formally extended until the age of 50, after which the driver has to undergo medical and psychological tests.

Source: spiegel

All life articles on 2019-09-24

You may like

Trends 24h

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.