The family of a couple killed when their car was hit by an 80-year-old motorist who failed to see them have called for elderly drivers to face retests.
Michael Hamburger, a businessman from Alton, Hampshire, pulled out directly in front of Roger and Christine Barton although he had an “unobstructed” 500-metre view of oncoming traffic.
The Bartons, who were in their 70s, died in January 2022 after their VW Tiguan rolled on to its side and was pushed into the opposite lane of traffic, where it was struck by another car.
Hamburger, who admitted two counts of causing death by careless driving, was given a 15-month jail sentence suspended for two years and banned from driving for three years.
At his sentencing at Winchester crown court, the couple’s children called for a change in the rules, claiming the licensing regime was “not a robust system and endangers the lives of themselves and others”.
Under current laws in England, Scotland and Wales, drivers over the age of 70 have to renew their driving licence every three years but no retest is required. The court heard Hamburger had had two recent cataract operations.
In a victim impact statement read to the court, the couple’s son, Robin Barton, said: “As well as what we lost that day, I’m struck by what my parents lost – 2023 would have been their 50th wedding anniversary and they should have enjoyed many more years together. The privilege of driving should be more tightly regulated with more regular retests.”
His sister, Georgina Abbott, said: “I think we should all be retested at a certain age. Relying on a driver to declare their incapacity just isn’t a robust system and endangers the lives of themselves and others.”
Russell Pyne, prosecuting, told the court the crash took place on the afternoon of 7 January on a B road between Alton and Selborne in Hampshire. He said the conditions were clear and dry.
Pyne said Hamburger pulled out in his VW Golf into the path of the Bartons. “He either didn’t see their approach at all, or wholly failed to judge how soon they would reach that junction.”
In mitigation, Rupert Hallowes said Hamburger could offer no explanation as to why it had happened. He said: “He had been passed as fit to drive – and has complied in every conceivable way with the law of the land.”
Judge Angela Morris said: “The VW Tiguan should have been clearly visible if you had been exercising all due regard to the road. Mr and Mrs Barton were the innocent people in this tragedy and met an untimely and violent death.”
