Driving Test Proposed for Elderly

By Dan Ring, The Republic

February 26, 2010

Leaders of the Massachusetts Senate on Thursday unveiled a bill that would require certain elderly drivers to pass a test on "cognitive and physical abilities" when they renew their licenses and would ban text messaging while driving.

The full Senate plans to vote and debate on the bill on Tuesday.

The Senate bill, approved by the Senate Ways and Means Committee, contains some key provisions of a separate bill approved 146-9 earlier this month in the state House of Representatives.

One significant difference is that the Senate bill is tougher than the House bill in imposing new conditions on elderly drivers. The bill comes after some highly-publicized crashes involving elderly drivers.

According to the Senate bill, the state Registrar of Motor Vehicles would develop an exam to assess the abilities of drivers 75 and older, including their cognitive and physical skills. Elderly drivers would be tested every three years with a fee not to exceed $30 for each exam, the bill said. The tests would occur when people renew or apply for a license.

If an elderly driver fails the exam, the driver could petition for a road test to show the driving skills required to keep a license. After the road test, the registrar would determine whether to renew the person's license.

Clodovaldo Concepcion, 77, a member of the Springfield City Council, said he would be opposed to a bill that singles out elderly drivers. He said the Senate bill would discriminate against elderly drivers.

"I don't think it's fair," he said, adding that the proposed new fee up to $30 would also be a burden to people. "They are looking to make money for the state."

Deborah Banda, state director for AARP, said she also opposed the provision for testing elderly drivers.

"Legislation that imposes tests that don't exist will do nothing to make the roads safer; and imposing these "make believe" tests beginning at an arbitrary age just baffles logic," Banda said in a statement. "There isn't a reliable, validated cognitive test available to be used for screening purposes."

Under the House bill, drivers 75 and older would need to show up in person to renew their licenses at the Registry every five years and take a vision test at the time.

Right now, all drivers must appear in person every 10 years to renew a license.
Like the House bill, the Senate bill would also ban 16- and 17-year-old drivers from using cell phones in any manner when they drive. Currently, there are no such restrictions on so-called junior operators.

The Senate also agreed with the House in a proposal to bar text messaging while driving. Violators would be fined $100 for a first offense, $250 for a second and $500 for a third, the Senate bill said.

As expected, the Senate did not go along with a section of the House bill that bars drivers 18 and older from using cell phones unless they have a hands-free device. The Senate bill includes no restrictions of adults talking on a cell phone while driving. The Senate blocked that proposal two years ago when it killed a House bill that included a ban on adults using cell phones while driving without hands-free technology.

If the Senate approves a bill substantially different from the House, the two branches would create a committee to develop a compromise. The compromise would need to be approved on an up or down vote in each branch before going to the desk of Gov. Deval L. Patrick.

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