To Drive or Not To Drive

By Nancy R. Larson, Attorney

 

Balancing Safety and Independence

          Driving is one of life’s most enjoyed legal privileges.  It enables us to be independent, to explore the world on our own terms.  Losing the privilege of driving changes the fabric of our daily routine, weaving in a dark thread of dependence that creates a different pattern of life.  Maneuvering through life each day without driving privileges takes adjustment and hopefully acceptance.

            Many factors can enter into whether or not it is safe for a person to continue driving when they have been afflicted with a disability that jeopardizes their driving capacity.  Most information about aging, including physical and mental disabilities, warns against driving but does not help individuals and caregivers determine when to stop driving.

A study at Washington University reported in the Journal of American Geriatric Society, addressed the effect of Alzheimer’s disease on driving.  It was found that initially, people with very mild Alzheimer’s were no more unsafe than an inexperienced teenager driver, but within two years,  driving instructors judged a majority of the drivers with Alzheimer’s  to be unsafe drivers.  Older drivers may retain automatic behaviors and over learned skills, but they may experience difficulty responding to the unexpected, changing lanes, turning across traffic and maintaining appropriate speed.  Eventually, all people with dementia will end up being unsafe drivers.

            The Washington University study advocates that  older drivers be re-examined periodically (every six months) instead of taking the license away based on age limits or a diagnosis of Alzheimer’s disease.   The American Medical Association states that “safe driving is a matter of function, not age”.  For more information on a physician’s guide to assessing older drivers check out this web site:  amc-aasn.org/go/olderdrivers.

            If you have any medical or mental condition, or if you take medication that may impair your ability to drive, that could result in a loss of consciousness or any loss of ability to drive a vehicle safely, Illinois law requires you to file a Medical Report Form, completed by your physician.  You have the legal obligation to notify the Illinois Secretary of State Medical Review Unit within ten days of becoming aware of any of the above conditions.  Failing to report these conditions could lead to the cancellation of one’s driver’s license and driving privileges.  If a particular medical condition no longer exists, one then must file a Medical Report Form advising of the change in medical condition.

            The Illinois Secretary of State is authorized to investigate potential medical conditions only if reported by a licensed physician, member of law enforcement, or member of the judicial system.  If you have a friend of relative whom you feel would jeopardize traffic safety due to a medical condition or medication, contact the person’s doctor or a police officer and request that they ask the Secretary of State’s office to investigate.  This should lead to partial or complete re-testing, the establishment of driving restrictions, or revoking the driver’s license.

In the State of Illinois, passing a vision test is mandatory for drivers of all ages.   Additionally, anyone 75 years of age or over must take a behind the wheel driving test.    Drivers ages 21 through 80 are issued a license that is valid for four years, and expires on one’s birthday.  From the ages of 81 years through 86 years, drivers are issued a license that is good for two years.  Licenses must be renewed annually for drivers 87 years and older.

            A written test must be taken every eight years except if a driver has had no traffic convictions.  If an individual has been involved in an accident that appears on his/her driving record, he/she may be required to take a written and/or driving examination. 

            Most older drivers voluntarily limit or stop driving to stay safe behind the wheel, according to a study released by M.I.T. and The Hartford Financial Services Group.  AARP and Hartford Insurance have combined their efforts to promote self regulation and to increase awareness of consequences of a driver with a limited capacity. 

            In the absence of self regulation, a doctor’s restrictions can help to define a person’s capabilities.  Each person should be treated uniquely.  A doctor’s restriction can be very restrictive, for example, limiting driving to a five mile radius of the driver’s residence, or perhaps driving privileges only from 10:00 A.M. to 3:00 P.M.   A problem solving mindset and working with the physician could help in the transition of limiting driving privileges.

            If it is time for a person to stop driving, alternative means of transportation need to be investigated.   Caregivers may be met with hostility and anger in the face of a person’s complete loss of driving privileges. 

            Many of life’s transitions are challenging, but armed with information and the assistance of a physician, steps can be taken to assume and manage the changes necessary to provide for the safety of a loved one who should no longer be driving.

 

Nancy R. Larson is an attorney in Belleville, Illinois, with a practice focused in elder care and estate planning matters.  This information is intended for information only, and is not to serve as legal advice.