Senior Citizens and Driving: The Process of Reporting an Unsafe Elderly Driver

Are you worried about your elderly parent's driving skills?

Are you worried that your elderly parent can no longer drive safely?  This series of articles tells you what you can do, including:

1. What the law says about elderly drivers.
2. The process and implications of reporting an unsafe elderly driver.
3. How driving skills are assessed for senior citizens.
4. Can my loved one improve their skills and regain their driver’s license?
5. How to talk to your elderly parent about driving.
6. Dementia – what if my parent forgets they can’t drive?
7. Life after driving.

The Process of Reporting an Unsafe Elderly Driver

(Note: this article addresses laws of the State of Virginia as of 2010.  Your local Department of Motor Vehicles can advise you about laws in other states and about changes to the law.)

Reporting an Unsafe Driver – Confidentiality

Virginia law states that if the Medical Review Request is filed by a relative or a licensed medical professional treating the driver, the DMV cannot tell the driver who reported them to the DMV.  If the report is filed by anyone other than a relative or a licensed medical professional treating the driver, the DMV is required to tell the driver who reported them.

Virginia law does not require mandatory reporting of potentially unsafe drivers.  It also states that if a doctor does report a patient to the DMV, the report is not a violation of doctor-patient confidentiality.

How to File a Medical Review Request with the DMV

A Medical Request Form can be filed by anyone. They often come from law enforcement officers, physicians and relatives, though they can also be filed by the driver themselves.  Many families feel more comfortable asking their doctor to initiate the conversation with their loved one and file the request for a medical review.

To file the form, first download the DMV Medical Review Request. Then either fax it to (804) 367-1604 or mail it to:

What Happens When I Ask the DMV to Review My Loves One’s Ability to Drive?

The DMV takes the following actions after receiving a Request for Medical Review:

1. Review the request
2. Follow up with the person reporting the driver, if necessary
3. Determine the type of review to be conducted
4. Notify the driver of the actions they are required to take, which may include medical and skills assessments.
5. Evaluate the information provided and the test results
6. Determine if additional test or information is needed
7. Review the case with the Medical Advisory Board, if necessary
8. Determine next actions, which could include periodic medical/vision reports, or restriction or suspension of the driver’s license.
9. Provide for an administrative hearing if the driver contests the outcome.

What Are the Possible Outcomes of the Review?

There are several possible outcomes of the review.  The DMV may determine that your loved one is:

1.  Safe to drive with no limitations
2.  Safe to drive with limitations

a.  Limited distance from residence
b.  Maximum speed limits
c.   Daylight driving only
d.   Adaptive equipment recommendations
e.   Re-evaluation in twelve months

3.   Not safe to drive
a.  Additional training or training with adaptive equipment in order to regain license
b.  Re-evaluation after medical follow-up or after six months

Next article in this series on Elderly Parents and Driving:

Next article in this series on Elderly Parents and Driving:  “How Driving Skills are Assessed.”

Entire series on Elderly Parents and Driving:

1. What the law says about elderly drivers.
2. The process and implications of reporting an unsafe elderly driver.
3. How driving skills are assessed for senior citizens.
4. Can my loved one improve their skills and regain their driver’s license?
5. How to talk to your elderly parent about driving.
6. Dementia – what if my parent forgets they can’t drive?
7. Life after driving.