Driver's Licence Reviews for Older Australians: Understanding the Process and Your Rights
Many older Australians express concern that driver's licence reviews focus more on age than actual driving ability. It's important to understand that while these reviews are critical for road safety, legal frameworks are also designed with safeguards to protect individual rights.
Medical Reviews for Older Drivers
Each Australian state and territory implements its own licensing system, all aiming to ensure safe driving for all road users.
State-Specific Requirements
- In New South Wales (NSW), annual medical reviews begin at age 75. A practical driving test is required every two years from age 85, unless a restricted licence is opted for.
- In Queensland, a current 'Medical Certificate for Motor Vehicle Driver' is required from age 75, confirming medical fitness. Notably, no practical driving test is mandated in Queensland based on age alone.
These frameworks are designed to identify medical conditions that may impact driving ability, rather than to penalize age.
Outcomes of Not Meeting Medical Standards
If a medical or occupational therapist assessment determines an individual is not fit to drive, their licence may be:
- suspended
- cancelled
- made conditional
This formal decision is issued by the relevant state road authority, such as Transport for NSW, the Department of Transport and Main Roads in Queensland, or VicRoads in Victoria. It's crucial to note that doctors are required to assess fitness based on national medical standards, not personal opinion.
Conditional or Restricted Licences
Losing a licence entirely is not the sole outcome; conditional licences are often available.
These restrictions can be tailored to individual circumstances, aiming to balance independence with safety management. Common conditions might include:
- Driving only during daylight hours
- Staying within a specific radius of home
- Avoiding freeways
- Driving only automatic vehicles
- Wearing glasses while driving
- Undergoing periodic medical reviews
Your Rights Regarding Licence Suspension or Cancellation
If a licence is suspended or cancelled, individuals generally have three key avenues to pursue:
- Seek a Review or Second Medical Opinion: This involves consulting another general practitioner or a specialist, such as a geriatrician or occupational therapist, for a reassessment of fitness to drive.
- Request an Internal Review: Road authorities commonly provide a process for reconsideration. This might be warranted if the medical assessment is believed to be incorrect, incomplete, if the medical condition has improved, or if new information has become available.
- Appeal to a Tribunal or Court: The process for an official appeal varies by state or territory:
- In Queensland, appeals may be heard by the Queensland Civil and Administrative Tribunal (QCAT).
- In NSW, appeals are typically directed to the Local Court.
- In Victoria, the Magistrates’ Court handles such appeals.
Impact on Other Legal Rights
Generally, losing a driver's licence does not affect other legal rights. This includes the ability to work (unless driving is an essential job function), act as a carer, make decisions, or qualify for government services.
A driver's licence is a permit to operate a vehicle and does not reflect broader cognitive or legal capacity.
However, if a licence cancellation is due to a serious cognitive impairment, this may prompt agencies like NDIS, MyAgedCare, or Centrelink to recommend support services. Importantly, this does not automatically remove other rights.
Alternatives to Driving
If driving is no longer viable, several practical alternatives are available to help individuals maintain their independence and mobility:
- Community transport services
- Taxi subsidy schemes, such as the Queensland Taxi Subsidy Scheme or the NSW Taxi Transport Subsidy Scheme
- Free or discounted senior public transport options
- Local council community buses
- Volunteer driver programs
- Home delivery for pharmacy and grocery needs
- MyAgedCare mobility support packages
Age Discrimination Considerations
Under the Age Discrimination Act 2004 (Cth), discrimination based solely on age is unlawful. However, an exception exists if it is reasonably necessary for public safety.
Licensing rules for older drivers are directly linked to medical risk and assessed driving ability, not age alone. For this reason, these regulations are generally considered lawful, with the primary focus remaining on ensuring road safety for all.