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Motorist, 88, gets three-year driving ban for killing cyclist

Frederick Clague failed to see Simon Jones on roundabout before driving over cyclist despite witnesses yelling at him to stop

An 88-year-old motorist who ran over and killed a cyclist on a roundabout despite witnesses yelling at him to stop has been banned from driving for three years – although he has not driven since the fatal crash and never plans to do so again.

Frederick Clague, who pleaded guilty at Liverpool Magistrates’ Court yesterday to causing death by careless driving, did not see cyclist Simon Jones, aged 46, before he hit him on the roundabout in Hoylake, Wirral, on the afternoon of 27 November 2019.

The Liverpool Echo reports that Clague struggled to stop the car, running over Mr Jones. People nearby lifted the car off him, but he died in hospital four days later.

Prosecutor Alan Currums told the court that Mr Jones “stopped breathing, was resuscitated, but sadly died on December 4.”

He said that Clague “entered the roundabout at what appears to be a normal speed and went into the path of the cyclist,” who tried to steer clear but with the driver failing to brake, he fell beneath the front of the car.

“The vehicle itself doesn't stop, it was driving forward at a slow speed,” Mr Currums added.

One witness said that despite people “screaming, shouting and waving their arms at the car,” Clague “continued to drive over the top of him [while] slowing right down.”

He said that the motorist got out of his car and asked, “Where did he come from, who is he?”

According to another witness, he said: “I couldn't make it stop, it wouldn't stop.”

In mitigation, Tom Gent said it was a “tragic case” and that Clague was “devastated by the consequences of his actions.”

He said: “He is so desperately sorry for what he did and wishes he could turn back the clock.

“He wakes most nights thinking of Mr Jones - of course his suffering can't be compared with that of Mr Jones.

“He will forever be haunted by the consequences of his mistake,” and added that Clague had held a clean driving licence for 60 years.

Sentencing Clague, District Judge Paul Clarke said that the crash was “far from deliberate” and resulted from “inattention,” but was also “aggravated to some degree to fail to regain control of the vehicle.”

Acknowledging that Clague remained at the scene and had been left “disturbed” by what had happened, the judge said: “This is not a case that calls for imprisonment, I think that would serve no purpose.”

He imposed a 16-week curfew on him from 8pm-8am and said that should he wish to regain his driving licence once the three-year ban ends, he would have to take an extended retest – although Clague has not driven since the fatal crash and never intends to do so again.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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51 comments

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brooksby replied to EddyBerckx | 3 years ago
1 like

EddyBerckx wrote:

Given the circumstances how is this not a life ban? It's not as if the usual "can't work without a car bullshit" was mentioned? 

"He fought a war for us" (perhaps?)

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EddyBerckx replied to brooksby | 3 years ago
4 likes

brooksby wrote:

EddyBerckx wrote:

Given the circumstances how is this not a life ban? It's not as if the usual "can't work without a car bullshit" was mentioned? 

"He fought a war for us" (perhaps?)

World War 2 ended when he was 12...

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brooksby replied to EddyBerckx | 3 years ago
2 likes

EddyBerckx wrote:

brooksby wrote:

EddyBerckx wrote:

Given the circumstances how is this not a life ban? It's not as if the usual "can't work without a car bullshit" was mentioned? 

"He fought a war for us" (perhaps?)

World War 2 ended when he was 12...

I know - it's just that that one seems to often come up as a "Get out of jail free" type sentence...  I saw a standup who was grumbling about men in their sixties complaining about how they'd fought a war for us, and the standup said they quite liked asking which war, exactly?

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sapperadam replied to brooksby | 3 years ago
2 likes

brooksby wrote:

"He fought a war for us" (perhaps?)

He's 88. WW2 ended 76 years ago, when he was 12/13.  So no, he did not fight in WW2.  Possibly Korea at most depending on when and where he did his National Service.

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don simon fbpe | 3 years ago
3 likes

Once the young uns are 100% accident free, I think that this would be the time to introduce age limits and frequent testing. Until then, I think necks could be wound back just a little bit.

What a pointless ban! Whata waste of a life!

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ChasP replied to don simon fbpe | 3 years ago
5 likes

I disagree, with advancing years it's inevitable that we will all reach a point when we should stop driving and it should not be left to the individual. (I'm not against periodic retests for younger drivers either)

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don simon fbpe replied to ChasP | 3 years ago
2 likes

Again, once youngs uns are 100% accident free, then we can talk about generalising whole age groups.

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MTB Refugee replied to don simon fbpe | 3 years ago
10 likes

don simon fbpe wrote:

Again, once youngs uns are 100% accident free, then we can talk about generalising whole age groups.

I really don't know where to start with this reply, everything in this sentence is just so wrong.

First off you are generalising about age groups yourself when you talk about young uns needing to be 100% accident free. Soooo it's pretty much a self-defeating statement before we even start. If you don't want people generalising about things, you should probably stop doing this yourself? Hypocrite much?

Next I really don't understand why we have to fix one problem before moving onto another, why not work on all the problems at once? Are you suggesting that we should fix the problem of dangerous drivers before we start on fixing the dangerous state of some roads? Or that we only police people aged 18-30 because they are the most dangerous and ignore everyone else? Makes zero sense at all.

I'm 50+ and would welcome regular (maybe every 5 years???) refresher training and assessments. It wouldn't need to be a full driving test, just enough to say is this individual fundamentally dangerous. There are so many terrible drivers both young and old, we should make and effort to get all of them off the road.

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don simon fbpe replied to MTB Refugee | 3 years ago
0 likes

MTB Refugee wrote:

don simon fbpe wrote:

Again, once youngs uns are 100% accident free, then we can talk about generalising whole age groups.

I really don't know where to start with this reply, everything in this sentence is just so wrong.

First off you are generalising about age groups yourself when you talk about young uns needing to be 100% accident free. Soooo it's pretty much a self-defeating statement before we even start. If you don't want people generalising about things, you should probably stop doing this yourself? Hypocrite much?

Next I really don't understand why we have to fix one problem before moving onto another, why not work on all the problems at once? Are you suggesting that we should fix the problem of dangerous drivers before we start on fixing the dangerous state of some roads? Or that we only police people aged 18-30 because they are the most dangerous and ignore everyone else? Makes zero sense at all.

I'm 50+ and would welcome regular (maybe every 5 years???) refresher training and assessments. It wouldn't need to be a full driving test, just enough to say is this individual fundamentally dangerous. There are so many terrible drivers both young and old, we should make and effort to get all of them off the road.

I'd start by looking at the post that this was responding too, I'd then have a quick think to see whether it should be taken so literally.

You're new here, so forgiven. Sorry for wasting your time.

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MTB Refugee replied to don simon fbpe | 3 years ago
1 like

don simon fbpe wrote:

I'd start by looking at the post that this was responding too, I'd then have a quick think to see whether it should be taken so literally.

You're new here, so forgiven. Sorry for wasting your time.

I really can't tell if you are being serious or just trolling the comments section, nothing you say makes any sense to me. I'm resonding to what you are writing.

"You're new here, so forgiven. Sorry for wasting your time". Supercilious much?

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don simon fbpe replied to MTB Refugee | 3 years ago
0 likes

I'm serious about taking the piss out of the guy that thinks age is a measure of starting the removal of driving licences. Neither serious, nor trolling. See if you could find something in between.

Supercilious...

Chao!

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ChasP replied to don simon fbpe | 3 years ago
2 likes

How about taking the piss out of the person who thinks he'll live forever with no decline in faculties? I'm not saying take all old people off the road (I'm 60 next month myself) and agree that in general older drivers are safer, but some aren't and don't realise it. I'm saying there should be a mechanism it place to monitor the inevitable decline.

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SNS1938 replied to MTB Refugee | 3 years ago
3 likes

+1 for regular re-testing.

Written tests every 5 years.

Practical test every 10 or 15 years until 60, then every 5 years.

Waiting for someone to make a mistake before you retest them, is just dumb.

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NPlus1Bikelights replied to don simon fbpe | 3 years ago
2 likes

Chalk and cheese. Young drivers have, after a little experience, good reactions unless they drink, drug or fatigue drive or are distracted. They do not suffer from uncorrectable degeneration of their eyes and nervous systems.

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hawkinspeter replied to NPlus1Bikelights | 3 years ago
5 likes

Statistically, young drivers are a much bigger problem than old drivers. I believe old drivers tend to mitigate their declining abilities by going slower and only driving on 'known' routes where they have lots of experience.

However, I think it'd be worthwhile to have driving re-tests every 5-10 years or so as that'd identify people with declining eyesight and also hopefully correct bad habits. The other aspect is that it might change people's belief that once you pass a driving test, then you're licensed forever and even causing someone's death through your own fault wouldn't necessarily stop you from being able to drive on public roads.

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oceandweller replied to hawkinspeter | 3 years ago
4 likes

Remarkably (for road.cc), almost a consensus. Is socraticyclist on holiday or something? However, introducing compulsory retesting after (say) 70 won't fix the problem. First, people's health can go downhill very quickly over 60 so retesting every 5 or 10 years won't help much. Also, it's hard enough getting an appointment for a test already, without adding thousands of over-70s to the queue. A simpler solution might be to replace the (useles, imo) self-certification with a proper eye test & a doctor's certificate, & repeat the process every year. It wouldn't fix the problem entirely but would take most of the worst drivers off the road, especially if the medical includes testing for short term memory loss & early signs of dementia.

Fessing up, I'm 71 & have recently renewed my licence for the first time (it's every 5 years incidentally). I'm an MTBer, so I'm pretty sure if there was anything wrong with my reflexes &/or eyesight I'd be a permanent resident in the Fracture Clinic. However I do know I'm not the man I was 40 years ago. I think I'm still OK to drive, not least coz my driving has definitely calmed down a lot in recent years. But it is an issue. Already some of my friends aren't people I'd readily accept a lift from these days...

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TheBillder replied to oceandweller | 3 years ago
1 like

Private pilots' licences are like this - you need a medical and an eye test every so often (I know this because my dad is about to give his up through age). It doesn't catch everything and is a pain - there are registration hoops for the medics and it's not cheap (nothing is with flying, of course).

But we mustn't let the perfect be the enemy of the good. If the testing was routine and part of general care, that would help. Eg have a standard eye test, just like your normal one, but if you want to retain a driving licence, an eye test within the last 2 years must have been logged with DVLA. Similarly (but more expensively) it would probably help us all to have a medical every 2 years, and might well save lives & NHS costs. Again, that assessment should be logged for those trusted with driving.

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Jimmy Ray Will replied to don simon fbpe | 3 years ago
1 like

There's no sweeping generalisations here... as relevant as your position that young inexperienced drivers pose the greatest danger, so to is the argument that driving standards inevitably decline with old age. 

To look at one before the other makes no sense when a system can be surely be created to manage both. 

How about mandatory retests for all drivers, with the frequency of these retests determined by age and driving history. Could be as often as every year for new / young drivers, then 5 and as long as ten years for drivers in their theoretical 'prime'. Then at certain age milestones, the testing frequency starts increasing again.... every 5 years between 60 and 70, 3 years 70 - 80 and the yearly there on.

Expensive, yes, but you could argue the consumer costs for annual tests (especially for the young), could be recouped in potential lower insurance premiums.

I don't think its beyond reason to make driving competency an ongoing requirement in order to use vehicles on the roads. 

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OnYerBike replied to don simon fbpe | 3 years ago
2 likes

I would be happy with regular testing for all ages.

That said, I think there is a distinction between young drivers who choose to drive recklessly and old drivers who become incapable of driving safely due to deteriorating health. I suspect that the former group would be perfectly capable of passing the test, with little effect on their driving habits outside of the test conditions; where as the latter group may be more likely to fail and removed from the roads.

The corollary of that is that I do think younger drivers who choose to drive recklessly are more culpable and therefore more deserving of lifetime bans. There have been plenty of stories on here where I have felt very frustrated that drivers will be back on the roads in a matter of months, and I doubt their long term driving behaviour will have changed. 

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don simon fbpe replied to OnYerBike | 3 years ago
4 likes

The initial test has to be tougher and penalties have to be higher. We need to move away from driving being a right and away from a position where money can allow you to circumvent current restrictions of high cost insurance. An old friend of mine was driving a Lotus of some sort at 17, because daddy could afford it.

I drive (drove) in excess of 30k miles per year, surprisingly there is no clear demographic for the bad driver to fit in. They come in all shapes, sizes, ages, locations and vehicle marques.

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eburtthebike | 3 years ago
11 likes

Surely time for age-limited driving licences, with retests more frequent with increasing age?  Something very similar happened to me two years ago, with an elderly driver pulling out so close in front of me on a roundabout that I hit the side of the car.  Again, slow speed so no serious injuries, but it was broad daylight; I used to wake up at night wondering what would have happened if he was a second later pulling out, as I would have been right in front of him.  The police wouldn't prosecute, so as far as I know, he's still driving.

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