Elderly driver bill stalls

A bill that would require Massachusetts drivers age 75 or older to pass cognitive and physical exams every time they renew their licenses has stalled on Beacon Hill, and now a key lawmaker says the bill should eliminate age-based tests.

The legislation appeared to gain momentum throughout the summer and early fall after a spate of car accidents involving elderly drivers.

But when lawmakers closed out their formal legislative session Wednesday, the bill was stuck in committee. That was despite winning the support of the Joint Transportation Committee in September and a prediction then by the committee's House chairman, Rep. Joseph Wagner, that the House could soon vote on it.

The bill would require older drivers to pass the physical and cognitive tests every five years, when their license is renewed. The bill also would have allowed doctors and police officers to report drivers they did not believe could drive safely to the Registrar of Motor Vehicles. The operator's license would be suspended until a review was conducted within 30 days.

Wagner, who supported the bill when it was before his committee, now says it should be changed to delete any testing requirements for drivers over a certain age.

"I don't support age-based testing," said Wagner, D-Chicopee. "The goal should be that the commonwealth license drivers who can operate automobiles safely."

Wagner said he supports efforts that focus on using doctors' medical expertise to help identify individuals who may be unfit to drive. He noted the Registry already has a voluntary system where doctors can report individuals they believe are unfit to drive.

In 2008, the Registry's Medical Affairs Branch asked for the surrender of 2,961 licenses. So far in 2009, the agency has asked for the surrender of 2,212 licenses.

Wagner also noted that younger drivers also have high accident rates.

"It's clear to me that we have more younger drivers that pose risk to other motorists and people than we have older drivers who pose risk," he said.

Supporters of the legislation say they to want to weed out unfit drivers, and there's evidence that an individual's ability to drive safely diminishes with age. They say a bill without some kind of age-based testing is unrealistic.

Other states have similar requirements, including New Hampshire, where drivers must take road tests to renew their licenses after they reach 75.

Legislation targeting elderly drivers has been filed for years, but the issue drew extra attention this year after a series of accidents, including the June death of 4-year-old Diya Patel, who was struck and killed by 88-year-old Ilse Horn while she crossed a Stoughton street in a crosswalk with her grandfather.

Horn later pleaded guilty to negligent motor vehicle homicide and lost her driver's license for 10 years.

In Weymouth, 79-year-old Ronald Gale man has pleaded not guilty to negligent motor vehicle homicide in the August death of Weymouth police officer Michael Davey. Gale was charged with running a stop sign, hitting another car and pinning Davey to a utility truck.

Advocates for seniors have pushed back against age-based testing.

Debbie Banda, director of the Massachusetts office of AARP, said the group supports another bill filed by state Rep. Kay Khan, D-Newton, that sets up a system to encourage doctors who believe a patient is medically no longer able to drive to report it to the registry.

"We support it because it is evidence-based," Banda said. "We think the focus needs to be on ability, not age."

Banda said her group would also support testing, as long as all drivers — not just older drivers — are tested at regular intervals.