Checking the fitness to drive of senior citizens under German law-pending corrective measures to ensure road safety

Abstract

German driving licence law takes areactive approach to dealing with suitability deficiencies of senior citizens. If the driver is no longer fit to drive and nevertheless participates in traffic, an administrative offence has been committed. If this endangers or injures other people or causes significant damage to property, it may even be acriminal offence. In addition to prosecuting these offences, the driving licence authority may restrict or even withdraw the licence issued. In this respect, senior citizens have ahigh degree of personal responsibility when assessing their fitness to drive. This article presents the current driving license law and discusses the need for changes.Legally, various corrections are required to the current Driving Licence Ordinance and its annexes. At present, there is no clear regulation regarding the general reduction in performance in old age for an event-related assessment of fitness to drive. In addition, in the event of doubts about fitness to drive, the driving licence authority should be expressly granted the power to order standardised driving tests. Furthermore, the legislator must take preventive measures to ensure road safety. He must no longer ignore the current accident situation. In view of the fact that senior citizens aged75 and over are disproportionately involved in traffic accidents with personal injury in terms of their culpable behaviour, it is important to impose moderate restrictions on the personal responsibility of driving licence holders. This is especially true for sensory abilities, which are particularly important in road traffic. Seniors should therefore be required to undergo eye tests from the age of75. From this age onwards, it also seems sensible to introduce compulsory advice on fitness to drive, preferably from your family doctor.