You asked for information on the driver retesting process for elderly drivers, including the rationale behind the one-year waiting period imposed after a second failure.

A police officer has the authority to confiscate and suspend a driver’s license after an accident or violation if the officer believes that, due to a physical or mental condition, the driver is unfit to operate a vehicle without endangering public safety, per a Department of Motor Vehicle (DMV) regulation (Conn. Agencies Regs. § 14-217-1). The driver must demonstrate to DMV that he is fit to drive a vehicle safely before his license is restored.

There is no law and no regulation regarding the retesting process DMV is to employ. Rather, the determination of when to restore the elderly person’s license is handled under administrative guidelines that result in a case-by-case determination, according to Heather Donaldson of DMV. An elderly driver who has had his license suspended must pass a driving test on his first or second attempt to have his license restored. If he does not, DMV requests that he wait 12 months before being tested again. The rationale behind the waiting period is to give the person time to take measures toward becoming a better driver, such as completing a driver education class, according to Donaldson.

Donaldson also advised that at any time during the process, the person could provide DMV with a medical certification indicating that he is fit to drive. This information will be evaluated by the DMV Medical Review Division, which seeks input when necessary from a voluntary Medical Advisory Board comprised of doctors. Based on the medical certification, the review board may waive the 12-month waiting period and permit the individual to be retested sooner. If the review board rejects the request to be tested sooner, the person may request an administrative hearing.

For more information regarding issues relating to elderly drivers, including police confiscation of licenses and retesting, see OLR Report 2002-R-0021 (copy enclosed).

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