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.

Grandma's driving making you nervous?

There are 77 drivers who are 100 years old, 40 who are 101, 20 who are 102 and 7 who are 103.  This is according to the Massachusetts Registry of Motor Vehicles. 

What if you are concerned about your elderly driver?  There are several reasons why your parent, sibling, aunt, uncle, grandparent or other loved one may have appear to have impaired driving.  Taking away someone's ability to drive, especially in a nation where we love our cars, is a huge step.

First,  consider whether or not your loved one has a problem that might be correctable.  It is possible that their driving suffers because:

• they have an undiagnosed medical problem
• they need to adjust their medication
• they may need their vision checked
• they may not be eating properly and suffering for poor nutrition or dehydration.

Also,  maybe your loved one needs a refreshers, most Senior Centers, and Councils on Aging offer driving retraining for elderly drivers.  Remember, it is possible that they haven't taken drivers education and the rules of the road have changed since they first qualified for their license.

The Registry of Motor Vehicles has a great list of resources for mature drivers and their families.  It helps the mature driver to think about issues that may effect their ability to operate a car safely.  It has suggestions for family members who are concerned about the safety of their mature driver. 

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

Massachusetts Estate Planning

Massachusetts Council on Aging

Resources for Massachusetts Seniors

South Shore Elder Services

At Sullivan & Sweeney, we deal with drivers license issues for all ages.  Email me or call me at 617-328-6900.