There’s often media attention about reckless young Australian drivers, but less around elderly drivers. According to data from the Bureau of Infrastructure, Transport and Regional Economics, between 2021 and 2022, road fatalities involving drivers aged 65-74 years had increased 2.1%.
While younger drivers are still the most represented age groups in road fatalities overall, these older age groups are the only ones whose fatalities have increased over this period. With a rapidly increasing ageing population, these are concerning statistics.
Here we discuss the maximum driving age in Australia by state, how other factors can impact elderly drivers and how Shine can help if you’re injured in a car accident that involves an elderly driver.
Maximum driving age in Australia
As with a lot of laws in Australia the legal driving age differs from state to state. A doctor is only able to stop elderly drivers from driving if there is a medical reason present that should stop them from doing so.
In some states, after a certain age a valid medical certificate is needed to retain your licence. If a doctor deems you not medically sound to drive you won’t adhere to your licence conditions.
Age limit on driving licence by state
Queensland
In Queensland, drivers over the age of 75 are required to carry a valid medical certificate when they get behind the wheel. If they don’t, they could be fined.
This medical certificate must be issued by a doctor and is required whether or not they have a medical condition. It also must be renewed every 13 months.
New South Wales
In New South Wales drivers from the age of 75 must have an annual medical assessment to retain their licence. Over 85, a driving test is also required every second year in addition to their annual medical assessment to keep an unrestricted licence. If an older driver doesn’t meet these requirements, a modified licence may be issued.
Australian Capital Territory
In the Australian Capital Territory, drivers aged 75 or more must have an annual medical examination by their doctor.
Victoria
In Victoria, there’s no set elderly driver’s licence renewal process, or age where drivers must pass a test or have a medical assessment. The onus is on drivers to decide when they’re no longer capable of driving. It’s only if they develop a medical condition or disability that they may have to undergo a medical review.
South Australia
In South Australia, drivers aged 75 or older must fill out self-assessment Medical Fitness to Drive forms annually. If a driver answers yes to any of the assessment questions or is unsure of any of their answers, they should consult their doctor regarding their driving ability.
Tasmania
In Tasmania there’s is no maximum legal age to drive in Australia and there’s no requirement for medical examinations. Instead all drivers are legally responsible to report any medical conditions that will affect their ability to drive.
Western Australia
In Western Australia after you turn 80 you are required to undergo an annual medical assessment to renew your driver’s licence. After the age of 85 you may need to pass a practical test if it’s recommended by your doctor.
Northern Territory
Just as in Tasmania, there’s no maximum limit on what age you can drive in the Northern Territory and no requirement for a medical exam or certificate. It is up to each individual driver to decide when they shouldn’t drive and to report any conditions that will affect their ability to drive.
What effects do medications have on driving?
It’s well known that the advancing years can impact our ability to drive. Our responsiveness and reflexes begin to slow as our sight and hearing can deteriorate. What isn’t discussed commonly though, is the effect of medications on driving.
An elderly driver is more likely to be prescribed medication that could have a negative impact on their driving skills. Blood pressure medications, painkillers and insomnia drugs can all adversely affect our ability to drive.
If you’re an elderly driver, or a close friend or family member of one, it’s best to speak with a medical professional first about how introducing new or changing medication may impact your driving abilities.
A simple change in drug or awareness of the medication taken could be all it takes to ensure you can continue to drive safely.
Self-limiting older drivers
While older motorists may experience a decline in their responsiveness and sight, they are able to recognise their limitations more easily than younger drivers. According to research from Monash University's Accident Research Centre, older drivers tend to get behind the wheel less overall, particularly at night or in bad weather, and they also drive at lower speeds.
As our ageing population continues to grow, it's crucial to be aware of the challenges facing older drivers to keep ourselves, our loved ones and the general public safe on our roads.
Older client campaigning for stricter measures for older drivers
Shine Lawyers represented a 75-year-old client who was involved in a traffic accident that changed his life drastically. Our client was a fit and active gentleman but is now virtually bed ridden.
His life changed when he was hit by an 88-year-old driver whilst he was riding his motorbike. Since the accident he is now housebound with ongoing pain.
Naturally, our client wants stricter testing for drivers over 75 to prove they have the skills and awareness to drive safely. The accident he was injured in hasn't just cost him his lifestyle, he’s also had to pay thousands of dollars for medical expenses and housing modifications.
Our client believes that there is a failure in what restrictions apply to the Australian driving age for older drivers and their ability to hold a driver’s licence.
Glenn Brown, Legal Practice Manager at Shine Lawyers Chermside said:
'Quite simply, the present system isn’t working well enough to ensure that lives are not being put at risk by drivers who are not fit to drive. Doctors themselves have called for annual driving and road rule tests with an independent assessor to be introduced and we need to listen to the experts. Our community has the right to expect that anyone who holds a licence and drives on the roads we all share, is able to do so safely.’
Shine Lawyers - here to help
If you or a loved one has been involved in an accident with an elderly driver or need legal advice, we have a team of expert Motor Vehicle Lawyers here to help you. Check your eligibility for a claim now with our online booking tool or contact our friendly Client Care team to arrange a no-obligation appointment.
