An inquiry into the Glasgow bin lorry crash that killed six pedestrians last December has concluded that the tragedy could have been avoided if the driver had not hidden his history of blackouts.

Harry Clarke, 58, lost consciousness when driving a Glasgow City Council collection vehicle on 22 December 2014. The vehicle lost control and mounted the pavement on the city’s Queen Street before crashing into the Millennium Hotel. Six pedestrians were killed after being struck by the lorry, with 17 more injured.

Those killed in the crash were Erin McQuade, 18, her grandparents Jack Sweeney, 68, and his 69-year-old wife Lorraine, from Dumbarton, Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow, and Gillian Ewing, 52, from Edinburgh.

Clarke, who had suffered an episode of neurocardiogenic syncope, causing him to lose consciousness temporarily, had suffered 40 years of ill health and had previously lost consciousness when driving a bus in 2010. He failed to report this to his employers before the crash and ‘misled’ doctors over his health.

The inquiry found that, following a successful application for a job as a minibus driver with Glasgow City Council in December 2010, Clarke had made inaccurate declarations in his online health declaration form. He then lied again on another form when he applied for promotion to the role of HGV driver in December 2011, the inquiry determined.

Clarkes resigned from the council in October, before a disciplinary hearing could take place. The Crown Office has said that it will not prosecute him for dangerous driving or failing to notify the Driver and Vehicle Licensing Agency (DVLA). The families of two of the victims are believed to be preparing a private prosecution of Clarke.

Medical disclosure needed to prevent similar incident

Presenting his findings from the Fatal Accident Inquiry, Sherriff John Beckett QC called for doctors advising organisations employing drivers to provide all available information about previous incidents, with organisations in turn making every effort to acquire the information.

Clarke, he said, had “repeatedly lied in order to gain and retain jobs and licences". He said that the current fitness-to-drive regime is a self-reporting system that is “vulnerable to the withholding and concealing of relevant information by applicants”.

As part of the inquiry’s report, Sheriff Beckett made 19 recommendations to avoid a similar incident in the future. These covered possible legislative changes, disclosure of medical information, and actions that could be taken by the DVLA, Glasgow City Council and local authorities to prevent a recurrence.

Among the actions called for by Sheriff Beckett was an increase in penalties and prosecutions for not declaring medical conditions, as set out in the Road Traffic Act 1988, and a consultation on whether doctors should be given greater freedom, or an obligation, to report fitness-to-drive concerns directly to the DVLA.

He also suggested that from the age of 45, a group 2 HGV licence should be renewed more regularly than the current window of every five years, and noted that annual medicals were also a good idea.

Glasgow City Council, he added, should not allow employment of a driver to commence before references have been received.

Raising awareness

During his summary of the inquiry, Sheriff Beckett said: “[Following the previous blackout in 2010], Mr Clarke deceived all three doctors in the hope that he would be able to return to work sooner rather than later so that he would not lose his job with First. None of the doctors who saw Mr Clarke advised him to notify DVLA of this event and he did not do so.

“The most effective measure to prevent such an occurrence would be to seek to avoid drivers becoming incapacitated at the wheel. Responsibility in that regard lies with drivers themselves and Driver and Vehicle Licensing Agency (DVLA).

“It may well be that the single most useful outcome of this inquiry would be to raise awareness of the dangers involved in driving if subject to a medical condition which could cause the driver to lose control of a vehicle.”

Commenting on the inquiry’s findings in a statement, Glasgow City Council said: “There is nothing we can say that will ease the pain and suffering of the bereaved, but our primary concern throughout has been for the families of those who lost their lives and those who were injured in this terrible accident, and that will always remain the case.

“Sheriff John Beckett QC has made a number of recommendations and we are now considering how to implement them.”

The full inquiry report can be read at the Scottish Courts and Tribunals website.