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Giannoulias & AARP Illinois Push to Make Driving Laws Consistent with Other States

Alexi Giannoulias
Nathan Mandell
/
Provided

Secretary of State Alexi Giannoulias has drafted bipartisan legislation in collaboration with AARP Illinois to increase the age at which Illinois drivers must take a behind-the-wheel driving test from 79 to 87 while implementing new procedures to allow immediate relatives to report unsafe drivers.

Illinois is currently the only state in the nation that requires a behind-the-wheel driving test for seniors based on age. In addition, Illinois is one of only five states that do not allow immediate family members to report concerns about a relative’s driving ability.

Latest statistics from the Illinois Department of Transportation (IDOT) reveal that in 2023, the crash rate for drivers 75 and older is 24.61 per 1,000 drivers, which is lower than every age range of drivers between 16 and 74 years old.

“As Secretary of State, my top priority is ensuring that Illinois roads are safe,” Giannoulias said. “Seniors are among the safest drivers of any age category. This measure will align Illinois senior driving standards with the rest of the nation while increasing safeguards so that Illinois maintains its status as one of the strictest states when it comes to driver safety and license renewals.”

“AARP Illinois has heard for years from our members about how the driving test requirement disproportionately affects older drivers and perpetuates false narratives about their driving abilities,” said AARP Illinois State Director Philippe Largent. “The research clearly shows that older drivers are the safest drivers on our roadways, and we believe that singling them out to take an extra test is a type of age discrimination and has to end.”

HB 1226, or the Road Safety & Fairness Act, drafted for consideration by the Illinois General Assembly during the upcoming spring session, would make Illinois consistent with other states. Its chief sponsors are State Senator Ram Villivalam (8th District – Chicago) and State Representative Jay Hoffman (113th District – Belleville), joined by co-sponsors State Sens. Don DeWitte (33rd District – West Dundee), Dave Koehler (46th District – Peoria Heights), Laura Murphy (28th District – Des Plaines) and Elgie Sims Jr. (17th District – Chicago) and State Reps. Marcus Evans Jr. (33rd District – Chicago), Jeff Keicher (70th District – Sycamore), Joyce Mason (61st District – Gurnee) and Larry Walsh Jr. (86th District – Joliet). Accompanying legislation will also be drafted in the Illinois Senate.

Under the proposed legislation:

  • Drivers ages 79 and 80 would still be required to visit a DMV facility if they need to renew their driver’s license and take a vision test (and a written test if a driving violation exists) but would not have to take a driving test.
  • Drivers between the ages of 81 and 86 would still be required to visit a DMV facility to renew their license every two years, which is a shorter renewal period than most drivers, which is every four years. They would still be required to take a vision test (and a written test if a driving violation exists) but would not have to take a driving test.
  • Drivers aged 87 and older would continue to be required to renew their license annually. These renewals would include a vision test and a driving test. A written exam may be required depending on the individual’s driving record. The law governing this age group would not change under the new law.
AgeRenewal FrequencyOnline/In-PersonVision TestDrive TestChange
Under 79Every four yearsOnlineYesNoNone
79 & 80Every four yearsIn-PersonYesNoDrive test eliminated
81-86Every two yearsIn-PersonYesNoDrive test eliminated
87+Every yearIn-PersonYesYesNone

The legislation also calls for establishing new procedures aimed at preventing unsafe motorists – regardless of age – from driving. If a motorist’s driving skills begin to significantly decline or cognitive or medical issues get in the way of safe driving, the measure enables immediate relatives to request that the Secretary of State’s office review a submitted written report.

If the report review finds that the claims are credible, the driver would be required to submit a medical reevaluation report and/or undergo retesting (written, vision and behind-the-wheel tests) to retain their license.

“Considering that seniors are among the safest drivers on our roads, the current driving test requirements are burdensome and unnecessary,” said Villivalam, who serves as chair of the Illinois Senate Transportation Committee. “Aligning standards with other states by lowering barriers for seniors while establishing new reporting procedures will keep Illinois roads safe and accessible.”

“Current road test requirements are antiquated, creating superfluous barriers to some of our safest drivers retaining their driving privileges.” said Hoffman. “Allowing immediate relatives – who have the most intimate and consistent interactions with their loved ones – to report medical or cognitive concerns about a licensed driver is a more logical and effective approach to maintaining road safety.”

For more than a dozen years, Illinois has been the only state in the nation that requires senior drivers to have their behind-the-wheel skills tested on a regular basis. The last two states that mandated driving tests for seniors did away with them in 2011 (New Hampshire) and 2005 (Indiana).

A temporary measure sparked by the COVID-19 pandemic that raised the age of mandatory driving tests from 75 to 79 became permanent in 2024 after an office-commissioned study found no significant increases in crashes per licensed driver in each affected age range.

In neighboring Wisconsin, all drivers are required to renew their licenses every eight years and are not required to take a driving test, regardless of age. Crash rates among senior drivers there are comparable to those in Illinois.

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