When Should We Stop Driving?

October 27, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The law in Ontario is quite clear – we can apply for a drivers licence at the age of 16 and many of us do start driving as soon as possible. In Canada, unless you live in a very large urban centre, there is little to no public transportation available for us to use in lieu of private cars, and it is a necessity to be able to drive in order to get around. When to stop driving is a much more convoluted questions, and for many people, particularly in small urban centres or in rural areas giving up the licence means moving along with giving up autonomy.

There are many reasons that force people to stop driving. Most are medical. The revoking of a licence can be permanent or temporary. The Ministry of Transportation relies on physicians and optometrists to report drivers that are no longer fit for the road. This is a terrible blow to most people.

Your licence can be revoked if you:

1. Diagnosed with cognitive decline.
2. Diagnosed with neurological conditions.
3. Fail the vision test either in the test centre or at the optometrist office. If you fail the peripheral vision test you may apply for a waiver to the MTO and you may be eligible to keep your licence if you meet certain criteria:
   1. don’t have more than 6 demerit points on your driving record
   2. haven’t had your licence suspended within the last 5 years because of a Criminal Code conviction for an offence committed by means of a motor vehicle
   3. haven’t had your licence suspended within the last 5 years because of certain Highway Traffic Actconvictions
   4. haven’t been involved in a collision with an associated conviction under the Highway Traffic Act for certain offences, within the last 5 years and within the time of your vision loss
   5. meet all other qualifications for your licence class
   6. don’t have a medical or visual condition or disability that may significantly impair your driving ability, either alone or combined with a reduced visual field

Of course, the more difficult issue is when one has to give up their licence on their own, or due to family pressure. As we age our reflexes can slow as can our ability to make decisions. This can leave people to be slower less competent drivers. Many people stay driving far too long because they don’t realize their own decline, or because they have no alternative to driving. A recent report indicated that for drivers 65-74, 68% report driving as their primary form of transportation. For those over 85, 31% drive. Very few report using public transit (8%) and only 5% walked.

In Ontario we have a Senior’s driver’s licence renewal program that aims to keep drivers on the road as long as they are safe to do so. Once a driver reaches the age of 80 they must:

1. Take a vision test
2. Undergo a driver record review
3. Participate in a 45-minute Group Education Session (GES)
4. During the GES, complete two, brief, non-computerized in-class screening assignments
5. If necessary, take a road test

There is also retesting required at regular intervals.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.