Monday, June 15, 2009

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Sen.: Momentum building for elderly driving tests

BOSTON -- In each of the past three legislative sessions, Sen. Brian Joyce has filed a bill that would require Massachusetts elderly drivers to resubmit to vision and road-testing when they reach age 85. Each time, the bill has gone nowhere.

Within the past month, a 73-year-old ran into a group of parade spectators, a 93-year-old drove into the front entrance of a Wal-Mart and an 84-year-old crashed into another store.

On Saturday, an 88-year-old struck a young girl as she used a crosswalk with her grandfather.

"I remember testifying at a hearing. I said I hoped and prayed that it wouldn't take a tragedy in one of our districts for us to take action, but never did I think that tragedy would occur in my own district," said Joyce, who represented the accident victim, 4-year-old Diya Patel, of Stoughton.

The lack of stricter testing of elderly drivers highlights the lack of national consensus in dealing with the issue. Advocates for the elderly say driving skills vary among all age groups, and researchers say the elderly kill fewer pedestrians, bicyclists and other drivers than younger drivers.

Joyce, a Milton Democrat, believes "the stars are aligned to do something."

He said Gov. Deval Patrick, Senate President Therese Murray and others now support some kind of testing requirement.

Besides Joyce's bill, the Legislature is considering bills to establish a commission studying cognitive impairment; to limit liability for doctors reporting those suspected of impairment to the Registry of Motor Vehicles; and to require that all drivers -- not just the elderly -- submit to testing every 10 years.

AARP, the nation's leading senior citizens group, says, "Elderly driving skills vary widely at all ages. It is unfair to punish most elderly drivers for problems caused by only a few drivers."

The Insurance Institute for Highway Safety, an insurance industry-backed group focused on safe driving, also counters the emotional outpouring that often follows accidents such as the one that killed Patel.

"To the surprise of most every researcher, crashes involving the elderly are plunging," said IIHS spokesman Russ Rader.

Some 4,598 people aged 70 and older died in motor vehicle crashes in 2007. That was 22 percent fewer than in 1997, and reversed an upward trend even as the population of that target group rose 10 percent.

"The elderly kill far fewer pedestrians, bicyclists and other drivers in crashes than people who are 30-69, but nobody talks about more stringent licensing requirements for 30- to 69-year olds," Rader added.

Even the National Highway Traffic Safety Administration is cautious about overreacting.

"The federal government is not in favor of stereotyping or discrimination against individuals or groups because of their age," said spokeswoman Karen Aldana. The agency believes training and driving courses are good for all drivers, but they "shouldn't be triggered solely by a person's age," Aldana said.

Joyce labeled the age 85 start date for renewed testing as "statistically relevant," citing research that found a drop-off in capabilities at that age.

"My daughter got her license the other day and that's the last test she will ever have to take, other than a vision screening test every 10 years," he said. "That's just preposterous. Clearly a person's physical skills diminish with age."

Joyce said the public's right to expect safe roads outweighs an elder's interest in remaining independent.

"We don't allow people under 16 to get their license. We don't allow people under 18 to vote. We do make some age-based decisions," the senator said.

Sen. Stephen Buoniconti, D-Hampden, has filed the medical liability bill for the past two sessions and the proposal to create a cognitive-study commission for the past three. He said politics has slowed any movement.

"Whenever you deal with age-related issues, it really come down to politics," he said. "Seniors vote. They vote religiously. And whenever there is an impression you're taking away their rights, members are cautious about that. Everyone talks around that, but that's the reality."

(Copyright 2009 by The Associated Press. All Rights Reserved.)