Michigan Elderly Driving Laws: What You Need To Know
The Michigan elderly driving laws do not take away a person’s driver’s license once they reach a certain age, nor do they impose age-related requirements for obtaining or renewing a license. However, older drivers can have their driving privileges revoked or restricted depending on their ability to drive safely.
Michigan older driver crash statistics
In Michigan, there were 53,308 motor vehicle crashes involving drivers 65 years of age and older in in 2023. Additionally, there 307 fatal car crashes and 11,125 injury auto accidents involving drivers who were 65 and older.
(Source: Michigan Traffic Crash Facts, 2023, Data Query Tool)
Michigan elderly driving laws states no automatic revocation based on age
Michigan elderly driving laws make it clear that a driver’s license is not revoked simply because someone reaches a certain age. Whether you’re 65, 70, 85, or older, the state does not impose special age-related restrictions or rules for keeping your license. All drivers, regardless of age, must follow the same renewal and licensing requirements state law. (MCL 257.303(1)(a); 257.310e(1))
Michigan elderly driving laws state no special rules for license renewals
All Michigan drivers regardless of age must renew their driver’s license every four years. (MCL 257.314(1)) There are no special rules for older drivers under the Michigan elderly driving laws.
Some states – but not Michigan – impose the following law on elderly drivers:
- Shorter renewal periods
- Vision tests at renewal for all drivers over a certain age
- No mail or online renewal for drivers over a certain age
Can the Secretary of State put restrictions on older drivers?
According to the Michigan elderly driving laws the Secretary of State can put limits on an older driver’s license to help keep everyone safe. These limits might include no freeway driving, no nighttime driving, or using special equipment in the car. They’re based on a person’s driving ability, not age alone.
If someone is worried about an older driver’s safety, they can ask the state to review that person’s ability to operate a vehicle. This review might include vision tests, medical checks, or a driving test. If problems are found, the state can add limits to the license, suspend it, or in serious cases, take it away.
Are vision tests a common requirement for license renewal for older drivers?
According the Michigan elderly driving laws our state does not impose special vision-test requirements based solely on age. All drivers, regardless of age, follow the same renewal process.
Drivers in our state typically renew their licenses every four years. In most cases, vision screenings are only conducted during in-person renewals, which occur approximately every 12 years or when specifically required. If a vision test is necessary, the Secretary of State may place restrictions on the license, such as requiring corrective lenses or limiting driving to daylight hours. Online, mail, or kiosk renewals usually do not involve a vision test.
In short, vision tests are not a common requirement for older drivers in our state, though the state can impose restrictions if a driver’s vision does not meet the standard.
What are some important considerations for older drivers?
Medications, cognitive decline, and physical impairments can all impact driving safety. Side effects, memory issues, or reduced vision and coordination may make driving risky. Recognizing these challenges helps determine if restrictions or adjustments are needed.
Medication
Medications can significantly impact driving abilities, especially in older adults. Many prescription and over-the-counter drugs cause side effects such as drowsiness, slowed reaction time, blurred vision, or dizziness. Combining multiple medications can increase these risks, making it harder to judge distances, react quickly, or stay alert behind the wheel. Older drivers and their caregivers should carefully review medications with a healthcare professional to understand potential driving impairments and determine whether adjustments or restrictions are needed to stay safe on the road.
Cognitive decline
Cognitive decline can seriously affect an older driver’s ability to operate a vehicle safely. Conditions like memory loss, confusion, disorientation, or slower decision-making make it difficult to respond quickly to traffic signals, other drivers, or unexpected hazards. Drivers experiencing cognitive changes may forget routes, misjudge distances, or struggle with multitasking on the road. Recognizing these signs early is essential, as cognitive impairments can increase the risk of accidents and may require driving restrictions or careful monitoring to protect both the driver and others on the road.
Physical impairments
Physical impairments can significantly affect an older driver’s ability to operate a vehicle safely. Declines in vision, hearing, strength, or coordination can make it harder to judge distances, react quickly, or manage vehicle controls. Reduced flexibility or slower reflexes may affect steering, braking, or turning safely, while hearing loss can prevent noticing sirens or horns. Addressing these physical changes through medical care, adaptive devices, or driving restrictions can help maintain safety on the road.
Michigan elderly driving laws and denial of driver’s license
According to the Michigan elderly driving laws, the Michigan Secretary of State must deny an older driver’s application for a driver’s license if – in the SOS’s opinion – the older driver “is afflicted with or suffering from a physical or mental disability or disease that prevents the individual from exercising reasonable and ordinary control over a motor vehicle while operating the motor vehicle on the highways.” (MCL 257.303(1)(d))
Michigan elderly driving laws on when elderly drivers are incompetent or unsafe to drive
According to the Michigan elderly driving laws, when the Secretary of State “has reason to believe” that an older driver is incompetent to operate a motor vehicle or is afflicted with a mental or physical infirmity or disability rendering it unsafe for the older driver to operate a motor vehicle,” an investigation or reexamination of the older driver’s mental and physical qualifications to operate a vehicle safely can be conducted. (MCL 257.320(1)(a))
According to the Michigan elderly driving laws, the investigation or reexamination can also be based on the facts that (1) the older driver has been involved in one or more fatal crashes and (2) the older driver was the at-fault driver in 3 personal injury or property damage crashes within a 24-month period. (MCL 257.320(1)(b) and (c))
After the investigation or reexamination, the Secretary of State may restrict, suspend, revoke or impose other conditions on the older driver’s license. (MCL 257.320(2))
Common restrictions for older drivers
- No freeway driving
- An additional right side mirror on a vehicle
- No nighttime driving
- Time of day restrictions—for example, no driving during rush hour traffic
- Supports to ensure a proper driving position
- Geographic area restrictions, and
- Wearing bioptic telescopic lens when driving.
Can I submit a request for driver evaluation to the Secretary of State for an older driver?
According to the Michigan elderly driving laws, anyone with firsthand knowledge of safety concerns for an older driver—such as family, friends, police, or medical professionals—can submit a “Request for Driver Evaluation” form to the Secretary of State. The form lets the state review a driver’s ability to operate a vehicle safely.
In the form, family and friends must describe “a medical episode, incident, pattern of behavior or other evidence that [they] believe justifies an evaluation of [the elderly driver] as it relates to their ability to drive safely.” In other words, the SOS needs to have “specific information . . . indicating that an unsafe driving condition may exist.”
The evaluation process may include vision testing, medical reviews, or a road test. It’s important to note that age alone is not a valid reason for the request—there must be specific safety concerns. If the Secretary of State finds the driver is unsafe, they can place restrictions on the license, suspend it, or revoke it.
According to the Michigan elderly driving laws doctors and optometrists may report unsafe elderly drivers
As stated by the Michigan elderly driving laws, a doctor or optometrist may make a report to the Secretary of State or warn third parties that an older driver may no longer be mentally or physically qualified to safely operate a car or truck due to the risk an “episode” occurring. (MCL 333.5139(1) and (4))
On the basis of the Michigan elderly driving laws, an “episode” can be any of the following:
- “An experience derived from a condition that causes or contributes to loss of consciousness, blackout, seizure, a fainting spell, syncope, or any other impairment of the level of consciousness.” (MCL 333.5139(4)(a)(i); Rule R 257.851(1)(e)(i))
- “An experience derived from a condition that causes an impairment of an individual’s driving judgment.” (MCL 333.5139(4)(a)(ii); Adm. Rule R 257.851(1)(e)(ii))
- “An experience derived from an impairment of an individual’s vision.” (MCL 333.5139(4)(a)(iii))
- An experience derived from a condition which causes or contributes to an impairment of a driver’s reaction time or ability to safely operate a motor vehicle. (Adm. Rule R 257.851(1)(e)(ii))
- An experience derived from a condition which causes or contributes “to a violent or aggressive action relating to the operation of a motor vehicle.” (Adm. Rule R 257.851(1)(e)(iii))
In the event a doctor or optometrist makes a report to the Secretary of State, he or she must recommend a period of driver-license suspension (at least 6 months or longer). (MCL 333.5139(2)(a))
The Secretary of State shall use a doctor’s or optometrist’s report when examining an older driver’s physical and mental qualifications to safely drive a car or truck. (MCL 333.5139(2); 257.309(3))
According to the Michigan elderly driving laws, neither a doctor nor an optometrist is required to make a report or warn third parties if they believe an older driver can no longer operate a vehicle safely. In other words, they have “no affirmative obligation” to make a report of warn others. (MCL 333.5139(1))
Plus, if a doctor or optometrist chooses to neither report nor warn, they are “immune from any criminal or civil liability to the patient or third party that may have been injured by the patient’s actions.” (MCL 333.5139(1))
Michigan elderly driving laws do not protect the public, they protect doctors
When the Michigan Legislature passed the elderly driving law that allows doctors and optometrists to report and warn about unsafe older drivers, I was interviewed on the Mitch Albom show on WJR 760am. You can listen to the interview here.
The Michigan elderly driving laws is a topic I’ve spoken and written about before, both at legal seminars and with the media. It’s a topic I care very much about.
As a lawyer, I’ve been involved in many very serious car accidents caused by older drivers. Most of these car accidents are caused by loss of vision, dementia and confusion behind the wheel, or loss of physical coordination (pushing down on the accelerator, instead of the brake pedal). The sad thing is so many of these car accidents caused by older drivers are completely preventable.
What I talked about during my interview on the Mitch Albom show was how the law regarding doctors and optometrists – especially MCL 333.5139 – was not strong enough to help protect older drivers and the rest of the driving public.
In my opinion, the Michigan elderly driving law’s two major flaws were:
- It doesn’t require doctors and optometrists to report their older patients whom they suspect are no longer able to drive safely (MCL 333.5139(1))
- The Michigan elderly driving law says that a doctor or optometrist “has no affirmative obligation” but “may voluntarily” make a report to the Secretary of State or warn third parties that an elderly patient may no longer be able to drive safely (MCL 333.5139(1))
- The Michigan elderly driving law also protects doctors and optometrists who decline to make a report or warn others about an unsafe older driver by declaring that such a doctor or optometrist “is immune from any criminal or civil liability” for any injuries that the older driver may cause (MCL 333.5139(1))
The Michigan elderly driving law, which is modeled on similar legislation that has been enacted in almost two dozen states, cares more about protecting doctors than it does about protecting the safety of the public. If the intent is to protect the public from older drivers who have become clearly unsafe, or from other drivers who have seizure disorders and epilepsy and who are still driving, then it fails.
This is because the new Michigan elderly driving law provides complete immunity from civil and criminal lawsuits for all doctors, whether that doctor reports an unsafe older driver or chooses not to.
That is one of my greatest criticisms of the Michigan elderly driving laws. A doctor who knows an older person is unsafe, who knows that there is a high risk of causing harm to others on the roads, and who chooses to do nothing and chooses not to report that patient, has total immunity. Even when that unsafe driver then goes out and kills himself and others on the road.
The Michigan elderly driving law protects doctors who take the default position, which is to say, the doctors who choose to do nothing (even when these doctors know there is a very high probability that this unsafe person will cause serious harm to himself or others operating a car).
My other strong criticism of the law is that it does not require doctors and optometrists to report older drivers whom they know or suspect – based on their medical training and experience – are unsafe. Reporting an older driver who is likely to go out and cause a crash that could injure or kill innocent people should be mandatory.
The challenges of older driving crash cases and lawsuits
These are always difficult cases. To the older drivers who’s freedom to drive is at issue, it is extremely personal. It is about their independence. And it causes great hardship and angst for families and children of these older drivers who have become unsafe behind the wheel.
But I strongly believe there is a balance to be struck between protecting public safety under Michigan’s elderly driving laws and safeguarding the rights of older drivers.
The Michigan State Police have found that fatality rates are 17 times greater for drivers over the age of 65 than for drivers between the ages of 25-64. Statistically, older drivers are far more dangerous and more at risk of causing a motor vehicle accident than any other group, except for the youngest drivers.
Whereas younger drivers have great reflexes, older drivers can have very poor judgment. Older drivers have the exact opposite problem. They have better judgment and will make safer driving decisions behind the wheel of a car (for example, not to text or speed or drink and drive), but older drivers have slower reflexes and poorer vision.
A car that is driving 45 mph is traveling at 70 feet per second. Even a few seconds of delay – because an older driver’s perception and reaction time has slowed – can have fatal consequences. Add driver confusion behind the wheel, or problems with gross motor skills, and the problems of older drivers becomes more apparent.
I put it to people like this: if you have children in your neighborhood, a car driving 25 mph is basically moving at 40 feet per second. Forty feet a second. Do you really want someone who is going to have an additional few seconds delay between the time they see your child in the street and being able to react by steering and braking, assuming they have the visual acuity to even see the child right away? Visit our elderly driving resources page for more.
What should we be doing to protect the older people driving and the public?
As the problems of older drivers causing deadly – and very preventable – car accidents becomes even greater, something else will need to be done by legislatures across America.
The answer, in my opinion, is simple. I would like to see Michigan elderly driving laws include mandatory safety exams for older drivers, starting at age 72 and continuing at regular intervals every few years. Such an exam would be very fast and very inexpensive. A very quick examination that includes a vision test, a mini mental status exam to test for dementia and a basic physical test to test for physical ability, balance and coordination would prevent most of these car accidents before they ever take place.
An ounce of prevention is better than a pound of cure.
Today, our priorities are completely out of whack. We are more focused on what happens AFTER a car accident than we are on what we can do BEFORE a car accident so it never happens.
Our priorities need to be on the pound of cure. Not the ounce of prevention. And because of the state’s powerful medical lobby, our legislators are more concerned with protecting the doctors who do nothing than ensuring the safety of the rest of us.
Injured by an older driver in a car accident? Call the attorneys at Michigan Auto Law for a free consultation!
If were injured in a car accident with an older driver and have questions on how the Michigan elderly driving laws may impact your claim, call now at (800) 968-1001 for a free consultation with an experienced auto accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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