Merrimack Valley

Legislators discuss proposed elderly driving bill tomorrow

Legislators will discuss proposed law tomorrow

By Bill Kirk
bkirk@eagletribune.com
Published: June 29, 2009

BOSTON — Lawmakers expect a large crowd of elderly and public safety advocates for a Statehouse hearing tomorrow on a bill that would establish mandatory driving tests for people 85 and older.

Sen. Brian Joyce, D-Milton, has proposed a bill that would force anyone in that age group to have a driving test every five years. Current law requires only a vision test for all drivers every 10 years.

"While I recognize the sensitive nature of this bill and that no senior wants to lose his or her ability to drive, my bill is aimed at protecting seniors from becoming victims of their own driving and from endangering the lives of others," Joyce said. "I consider this bill common sense legislation, and similar to the recent reforms surrounding teenage driving laws. This bill is a step in the right direction to ensure greater public safety for all Massachusetts residents."

Sen. Steven Baddour, D-Methuen, chairman of the committee, said the hearing is an opportunity for advocates to testify on both sides of the issue.

"The time has come" for legislation regulating elderly drivers, he said. "You'll see the Legislature acting on a bill sooner rather than later."

A series of high-profile crashes involving elderly drivers has created much debate around the issue. On June 13, a 4-year-old girl was killed when she was hit in a crosswalk while out for a walk with her grandfather. The driver, Ilse Horn of Acton, is 88 years old. Published reports indicate that it was the second fatal accident for her.

On June 3, a 73-year-old Middleboro woman lost control of her minivan and plowed into a crowd of people gathered at a Vietnam War memorial in Plymouth, sending eight people to the hospital.

On June 2 in Danvers, a 93-year-old man drove his car into the entrance of a Wal-Mart in Danvers, injuring a mother and the 1-year-old baby girl she was pushing in a stroller. He had apparently mistaken the gas pedal for the brake. In late May, a 75-year-old driver hit and killed a 33-year-old bicyclist near UMass-Amherst.

On June 15 in Andover and Lawrence, elderly drivers were involved in two separate accidents, losing control of their cars and slamming into trees, a lamp post and cars.

On Feb. 8, Amanda LaFlamme was standing inside Piro's Bakery on Route 110 in Methuen with her 2-year-old son Riley when a Ford Taurus driven by an 87-year-old Methuen resident came smashing through the window behind her. She and her son escaped serious injury.

Tomorrow's hearing before the Joint Transportation Committee is scheduled for 11 a.m. in Room 222 of the Statehouse.

The bill would require individuals renewing their licenses to pass a vision and road test every five years after their 85th birthday. Current law requires only a vision test be conducted in person at a Registry of Motor Vehicles branch every 10 years. In other words, according to Joyce, an 85-year-old driver can now renew his or her license without any further testing until age 95, at which time the driver would only have to pass a simple vision test.

Currently, 26 states and the District of Columbia have some type of special provision in place for licensing older drivers.

In New Hampshire, residents have to renew their licenses every five years. Anyone over the age of 75, however, is required by law to take both an eye exam and a road test. If they fail, they get to retake the test two more times before they lose their licenses.

Baddour said while the issue is sensitive, there is growing support "around addressing the issue of unsafe driving for all age groups, with an emphasis on those who reach a certain age."

He said the Transportation Committee would be meeting "with all experts on all sides. We are trying to strike a balance and do this in a fair way. Most drivers can drive safely for their entire lives. We need to address those who can't."

While Joyce's bill focuses on people over 85, other bills focus on the health of elderly drivers. Baddour said a bill before the Public Safety Committee would require doctors to inform the Registry of Motor Vehicles if patients they have should not drive.

Baddour objects to that bill because "people won't tell their doctors all their ailments because they would be afraid of having their licenses taken away. We need to take a different approach."

He noted that an important component of the issue is that families need to step up and take care of elderly drivers.

"The Legislature can only do so much," he said. "It's up to parents, kids, aunts, nephews and nieces" to take the keys away from drivers they deem unsafe.

Baddour said Joyce's bill is a "good start, but needs to be more comprehensive and address different issues." For example, he said, if a driver is 82 and has been in multiple accidents, "that should be a trigger to take a new test."

He stressed that people shouldn't think the Legislature wants to take away licenses away from elderly people.

"All we're saying is, if you reach a certain age, or there are certain triggers, then you should have to take a new test," he said.

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