The errors involved in most elderly driver crashes are attributed to the aging process. Eyesight can deteriorate, hearing can weaken, and reflexes can slow down. In fact, reaction time decreases by almost 40 percent on average from age 35 to 65. Most motor vehicle crashes involving older drivers occur while the driver is attempting to make a left-hand turn. Failing to yield the right of way or not being able to identify and respond appropriately to traffic signs also cause older drivers to crash.

Some elderly drivers place self-imposed restrictions on their driving. For example, some will choose to limit their driving to daylight hours only, and some will choose not to drive on highways. Other older drivers choose not to restrict their driving. This often causes family members to take the keys away from them. Some states have tried to make this process easier through laws designed to make sure the elderly are able to safely operate a car. These laws range from driving restrictions to shortening time between renewals and requiring regular vision and driving tests.

At least 35 states rely on medical review boards made up of health care professionals to make recommendations about licensing laws in general and on the licensing of individuals on a case-by-base basis. These boards determine whether an individual has the ability to drive safely. They determine whether individuals may retain their licenses, have their licenses revoked or have their driving privileges restricted.

Driving Restrictions. Through driving restrictions, states allow older drivers a certain level of independence without sacrificing safety. In most states, these restrictions can be placed on any driver, regardless of age. The restrictions usually prohibit nighttime driving or require the individual to stay on familiar roads or within a limited area. Other ways to help determine the ability of a driver is by requiring more frequent renewals and vision testing at every renewal. Some states require a road test if the driver has been in several accidents. Illinois law requires everyone over 75 to take a road test. By shortening the length of time a driver's license is valid, state motor vehicles departments are able to check up on the individual during the renewal process to detect any impairments or problems.

Missouri passed a law in 1998 that makes it easier for family, police and doctors to confidentially report people who they believe are unable to drive safely. The old law gave the director of revenue the authority to require drivers to submit to a hands-on test if there was "good cause" to believe that they were unfit to drive. The new law states that "good cause" may be established from confidential reports by certified peace officers, physicians, physical therapists, chiropractors, registered nurses, psychologists, social workers and family members. The law also provides that any person who reports an unfit driver in good faith is immune from civil liability. Further, the new law includes all drivers and not just older drivers. For that reason, groups like the Alzheimer's Association and the American Association for Retired Persons were able to support the legislation.

In Maryland, a consortium representing more than 30 state, national and private organizations has been established to "create and offer a program of safe mobility for Maryland older drivers." The consortium hopes to accomplish this mission through a series of key performance areas and goals including: identifying and assessing the abilities of older drivers, counseling those with limited driving abilities so they can remain mobile, taking inventory of existing transportation options and educating the public on how older drivers can remain safe. One of the main goals of the consortium is to plan for 2011-the year the first baby booomers will turn 65. The consortium is developing data that will enable them to make reasonable recommendations to state legislators on possible solutions. At this time, the consortium does not recommend the passage of new laws. The focus, they believe, should be on research and generating good data to help make future recommendations on policy and laws that will effectively keep elderly drivers safe.

Another way to help ensure safety is through driver's education courses. Thirty-five states have passed laws requiring that insurance discounts be given to older drivers who take a re-education course like 55 Alive, a driver's education course offered by the American Association of Retired Persons. Some insurance companies offer these types of discounts voluntarily.

Elderly Mobility. Taking away driving privileges can be a harsh remedy and must be weighed against safety. Most older drivers are accustomed to having access to motor vehicles for personal trips at all times. According to research conducted by the Transportation Research Board, individuals who must give up their keys feel lonely and depressed. Their sense of freedom and independence is taken away. Furthermore, the Transportation Research Board has found that the elderly population is reluctant to take advantage of public transportation because it does not meet their needs. Because of this, the U.S. Department of Transportation recently announced plans to work on a national agenda that would address the mobility needs of this age group.

Melissa Savage
NCSL-Denver
(303) 364-7700
melissa.savage@ncsl.org

John Eberhard
National Highway Traffic Safety Administration
(202) 366-5595
www.nhtsa.dot.gov

American Association of Retired Persons
(800) 424-3410
www.aarp.org

Michelle Fields
Insurance Institute for Highway Safety
(703) 247-1500
http://www.hwysafety.org/safety_facts/state_laws/older_drivers.htm