Should Maine Require Skills Tests for Elderly Drivers? A Look at the Pros and Cons

As Maine’s population ages, state and local officials are facing renewed calls to address road safety concerns associated with elderly drivers. One frequently proposed solution—mandatory skills testing for drivers over a certain age—has stirred debate among safety advocates, senior groups, and legal professionals. At Peter Thompson & Associates, a Maine-based personal injury law firm, we closely follow developments that could impact roadway safety and legal responsibility. The question of whether elderly drivers should face mandatory retesting is both timely and complex.

Maine is one of the oldest states in the nation by median age. According to the U.S. Census Bureau, nearly 22% of Maine’s population is over the age of 65. As this demographic continues to grow, so too does the number of elderly drivers on the road. While many seniors drive safely well into their 80s and beyond, age-related declines in vision, hearing, cognitive function, and reaction time can increase the risk of accidents.

Proponents of mandatory skills testing argue that such measures are necessary to ensure public safety. Just as new drivers must demonstrate proficiency before being licensed, older drivers—whose abilities may have declined—should be periodically retested.

Safety First: According to the Insurance Institute for Highway Safety (IIHS), drivers aged 70 and older have higher crash death rates per mile driven than middle-aged drivers. Although older drivers tend to drive less frequently and avoid risky driving conditions, physical frailty makes them more vulnerable to injury in the event of a collision.

Early Detection of Impairments: Routine vision screenings and driving tests could help identify seniors whose cognitive or physical abilities no longer meet the demands of driving. Early intervention may prevent tragic accidents before they occur.

Public Confidence: Mandatory testing could improve public confidence in road safety. Families often face difficult conversations when they believe a loved one should no longer be driving. A formal testing process could offer a neutral, standardized method for making such decisions.

Despite these potential benefits, critics argue that mandatory testing based solely on age may be discriminatory and ineffective.

Age Is Not a Sole Indicator of Ability: Many older drivers remain highly competent and safe behind the wheel. Critics contend that age-based testing amounts to ageism, unfairly targeting individuals who have not demonstrated any decline in driving ability. They suggest that testing should be based on medical history or driving records, rather than age alone.

Lack of Evidence: Studies have not conclusively shown that mandatory testing for elderly drivers significantly reduces crash rates. In fact, some states that have implemented age-based testing requirements have seen little to no change in accident statistics.

Burden on Seniors: Mandatory retesting can be time-consuming, stressful, and costly. For seniors in rural areas—many of whom rely on their vehicles for independence and access to healthcare—losing a driver’s license can be life-altering. Opponents argue that the state should provide more support for aging drivers, rather than potentially penalizing them based on age alone.

Currently, Maine requires drivers to renew their licenses every six years. For drivers over the age of 65, a vision test is required at each renewal, but there is no mandatory road test based on age alone. Physicians and family members can report concerns about a driver’s safety to the Bureau of Motor Vehicles, which may then require a re-examination.

Some lawmakers and advocacy groups have proposed lowering the threshold for mandatory in-person renewals or adding periodic driving assessments for older residents. However, no legislation mandating age-based skills tests has yet been passed in Maine.

At Peter Thompson & Associates, we have represented numerous clients in personal injury cases involving motor vehicle accidents. While age alone does not determine fault, cases involving elderly drivers sometimes raise questions about fitness to drive. When accidents occur due to age-related impairments, victims may have grounds for seeking damages, particularly if there is evidence that the driver was medically unfit to be on the road.

That said, any regulatory changes must balance safety concerns with the rights and dignity of Maine’s seniors. The law must also account for due process and ensure that individuals are not unfairly targeted or penalized.

As Maine considers how best to promote road safety for all drivers, mandatory skills testing for elderly drivers will remain a point of contention. While the desire to protect public safety is paramount, policymakers must also consider the legal, ethical, and practical implications of such proposals.

At Peter Thompson & Associates, we support policies that promote both safety and fairness. We encourage Maine residents to stay informed and involved in discussions about roadway regulations. As always, if you or a loved one has been injured in a motor vehicle accident, our experienced legal team is here to help. Give us a call at 207-847-0909.