Massachusetts Driving Laws

More backlash against elderly drivers

Elderly drivers are currently getting very bad press.  There was an opinion in the Patriot Ledger today by Lauren Munger of South Weymouth, asking families to be held accountable for assessing the driving ability of elderly drivers in their families.

Certainly, there are some drivers who shouldn't be on the road for a variety of reasons.  I would venture to say that most of the reasons that someone shouldn't be operating a motor vehicle have nothing to do with age. 

Changes in medication, vision changes, cataracts, license suspensions, undiagnosed medical conditions, repeated driving offenses and moving violations are all reasons why someone might lose their license from the RMV.  Many of the reasons are correctable over time, medications can be changed or monitored, vision can be monitored and prescriptions changed, or someone can go and see their doctor to get a diagnosis.  If someone can't drive for legal reasons, they can appeal to the Registry of Motor Vehicles with an attorney and either get their license back, or get a hardship license.  Usually, if your license is suspended for legal reasons you can get it back sooner or later (but not always).

There are people of every age who get into car accidents, and people of any age who should not be driving for medical reasons.  There are certainly circumstances where people should not be driving, but it should be for a good cause and not at the whim of an irate police officer or a nervous relative. 

Recently, I was in Brockton District Court on a matter, and was witness to one of the saddest and most depressing pleas and sentencing I had ever seen.  Jane Berghold plead guilty to two counts of negligent motor vehicle homicide and one count of serious bodily injury.  It was a tragedy, but I do not think that every single driver over a certain age should be punished for a mistake.  There are young 80 year olds and old 35 year olds.   

What happens when you or your loved one can drive, but isn't quite so mobile?

As we age, sometimes we get a little less able. Sometimes we might notice that we aren't as quick on our feet, or that it's harder to walk long distances, or perhaps a cane or a wheel chair is needed to increase mobility. You may notice it happening to yourself or you may notice it happening to a loved one.

Once this realization occurs, one of the activities that elderly drivers are concerned about is their continued independence and safety. Their loved ones are concerned about safety and the independence and well-being of their loved ones.

If you or your loved one has no limitations that impact his or her ability to drive, you or your loved one can apply for a Disabled Plate and/or Disabled Placard.  In order to qualify for either a plate or a placard, you must be a resident of Massachusetts and must have your doctor, chiropractor or nurse practitioner certify that you meet one of the following conditions:

• Cannot walk 200 feet without stopping to rest.
• Cannot walk without the assistance of another person, prosthetic, cane or crutches.
• Have a lung disease such that your respiratory expiratory volume is less than 1 liter.
• Use portable oxygen.
• Have a Class III cardiac condition.
• Have a  Class IV cardiac condition (if you have this the registry requires you to surrender your license, in this instance you will be issued a placard for the motor vehicles you are riding in).
• Have Class III functional arthritis.
• Have Class IV functional arthritis.
• Have Stage II anatomic arthritis.
• Have Stage IV anatomic arthritis.
• Are legally blind (again a situation where you would be issued a placard).
• Have lost one or more limbs.
• Have permanently lost use of one or more limbs.

Please note that there are also Temporary Placards available if you are going to be temporarily disabled by one of the above conditions for more than two months.

A lawyer can assist you in navigating the Registry of  Motor Vehicles.  If you would like to set up a consultation call me at 617-328-6900 or email me.

Physical qualifications to operate a motor vehicle?

Are there physical qualifications to operate a motor vehicle? 

The Massachusetts Registry of Motor Vehicles, Medical Affairs Branch is responsible for setting forth policies and procedures regarding physical qualifications for driving.  The policies are set from recommendations from the Registry's Medical Advisory Board.

The Medical Advisory Board, is appointed by statute: Mass. Gen. Laws c. 90 sec. 8C.

They set standards for the minimum physical qualifications for driving in the following areas:

• vision
• cardiovascular conditions
• respiratory conditions
• seizure conditions
• conditions that result in loss of consciousness

They also conduct personalized assessments if their policies do not guide them in regards to the physical condition of an individual driver.

Do you feel as though you are qualified to drive, yet the Registry has suspended or revoked your license?  You can hire an attorney to represent you in your efforts to get driving again!  Call me at 617-328-6900 or email me to set up a consultation.

Don't elderly drivers have rights?

There is an ongoing campaign in Massachusetts to keep its citizens safe from cars.  I am not sure if this is at all reflective of the stereotype of Massachusetts drivers, but it can't be a total coincidence.  In my travels (both home and abroad) I have noticed that other drivers take yellow lights a little more seriously then we do.  Maybe it's a sign? 

In all seriousness, the efforts to keep drivers and and those who may be in the path of drivers are saving lives. What happens with older drivers?  Who decides?  At what point do you lose the opportunity to decide whether or not you can drive?

Did you get into a minor car accident?  Do you have trouble seeing at night?

You may just need to visit your doctor and get a medical evaluation.  It is possible that:

• you need your medications updated
• you have a new medical condition that you were not aware of
• you need new glasses
• you need cataract surgery

There are many reasons why your driving has suffered, and there are many potential remedies.  Before you sign up for the Senior Center bus - check with your doctor.  You can also participate in driver retraining - if you do not feel as comfortable as you used to on the road.

The problem is, who decides when someone should quit driving?  The Registry of Motor Vehicles has a great list of resources for mature drivers.  It helps the mature driver to think about issues that may effect their ability to operate a car safely.

If you are a mature driver and someone has notified the Registry that you are a risk on the road, but you aren't, and you need legal assistance dealing with the Registry of Motor Vehicles or other driving related issues call me at 617-328-6900 or email me to set up a consultation. 

For some more information on issues relating to the elderly and driving see:

Massachusetts Estate Planning

See also:

Robinson Isn't the Only Centenarian on the Road, The Boston Globe, February 24, 2008

Are you or someone you care about a potentially unfit driver?

An individual can be an unfit driver for a variety of reasons, usually, it is for a medical, physical or psychological reason.  If an individual has a medical condition that he or she believes may affect their ability to drive safely, he or she must report the condition to the Registry of Motor Vehicles.  At that point he or she must stop droving immediately.

Some examples of some medical conditions are:  new medication, uncontrolled seizure disorder or vision problems.

It gets tricky because currently in Massachusetts, there are not any laws requiring a doctor or any other interested person to report potentially unfit drivers to the Registry of Motor Vehicles. 

    Who can report potentially unsafe drivers to the Registry? 

• a physician
• family members
• law enforcement
• any other interested third parties (community members, friends etc.)

What information is required to report?

• name, address and phone number of reporting party
• name, address, social security, license number, and date of birth of potentially unfit driver
• the reason for the complaint or description of the individuals functional limitation

These are the forms used by the Registry for reporting:

Medical Evaluation Form (for physician use)

Request for Medical Evaluation (for non-physicians)

   Have you been reported to the Registry?  Do you need help fighting or appealing a decision about your license?  Call me at 617-328-6900 or email me for a consultation.  Ask for Attorney Foley.

Elderly drivers in the news

There has been a lot of news coverage over the past several months regarding elderly drivers in Massachusetts.  If you read the news regularly, you may begin to think that elderly drivers are a menace to our roadways. 

Just last week, a 76 year old Rockland woman went to court to face two motor vehicle homicide charges as a result of a allegedly crashing her car into Brockton Hospital and killing a doctor and a secretary.  According to her attorney, she is very depressed. It serves as a vivid reminder that you can change your life (and end others) by simply stepping on the gas instead of the breaks, or shifting into the wrong gear.  I feel for the families of the victims of elderly drivers and for the elderly drivers. 

The Massachusetts Registry of Motor Vehicles actually has a whole section of their website dedicated to "Mature Drivers".  It publishes a list of questions to ask yourself to determine if you should still drive.  It is geared towards elderly drivers - but can apply to anyone.   These are some questions you should ask yourself if you drive:

• Can you see clearly in the dusk and dark?
• Do headlights from other vehicles make it difficult for you to see?
• Are you intimidated by passing vehicles?
• Do you have difficulty reading road signs?
• Do you have trouble following construction detours?
• Do you have trouble seeing the police officer on detail near construction zones?
• Do you have trouble seeing a police officer when he or she is directing traffic?
• Do you have difficulty hearing train whistles?
• Do you have difficulty seeing train crossing signals?
• Do you have difficulty keeping up with the posted speed limit?
• Do you get drowsy behind the wheel?
• Do you have difficulty concentrating?
• Do you have difficulty hearing other vehicles?
• Do you get lost on once familiar roads?
• Do you forgot basics, such as headlights, and seat belts?
• Can you parallel park and park in a straight line?
• Are you unsure of your reflexes and reaction time?
• Have your family, friends or even police officers told you that you aren't a safe driver?

If you are answering yes to many of these questions, perhaps you should think about ways to correct these limitations (such as glasses or a hearing aid), or talk to your family or the Registry of Motor Vehicles about stopping driving.

Are you an elderly driver who has been in an accident?  Don't fight it alone, call an attorney who will fight for you.  If you have questions or concerns call me at 617-328-6900 or email me.