The opinion that follows is probably going to be very unpopular. But I think it is right.
Despite the recent furor over a few high-profile accidents, I am opposed to increased testing requirements and restrictions for elderly drivers. People from across the political spectrum, from Michael Graham to Attorney William Kickham to Governor Deval Patrick, have been speaking out in favor of restricting older people’s right to drive. However, anyone who truly believes in freedom would oppose such restrictions.
Because of the tragic death of 4-year-old Diya Patel after she was hit by an 89-year old driver, popular opinion seems to be strongly in favor of limiting the right to drive in order to prevent similar occurrences. State Senator Brian Joyce has introduced a bill to require vision and road tests at age 85, while others support requiring frequent road tests for people of all ages, or banning elderly people from driving altogether. This little girl’s death was truly sad and horrible, and if the driver is at fault, then she should be punished. However, all of the other drivers in the state are not responsible for Diya’s death and it makes no sense to punish us for something that we didn’t do. Yet that is exactly what driving restrictions and increased testing requirements amount to.
Perhaps it’s true that statistically, elderly drivers are more likely to be bad drivers than younger ones. But that is irrelevant. Laws should never be based on statistics, and people’s legal rights should not change based on their age, gender, or other characteristics that they cannot control.
Michael Graham (a great radio host and blogger who I usually agree with) asks why 30-year-olds and 90-year-olds are treated the same by the RMV. The answer is because it’s the right thing to do. People of all ages should always be treated the same under the law. It violates human dignity and equality to do otherwise.
Everyone has a right to drive, since driving is not immoral and does not interfere with others’ rights. Injuring innocent people or damaging their property does interfere with their rights, and that’s what should be banned and, in fact, is banned. If a person violates someone else’s rights while driving, then they should be punished for that. However, it is unjust to violate people’s rights to drive if they have done nothing wrong. Simply being in a demographic group that is statistically more likely to be dangerous is not a legitimate basis for the government to deprive people of rights or put conditions on those rights.
Although I oppose driving laws that discriminate against old people and teens, I think that laws restricting old people’s rights are even worse. When I passed my driving test, I was happy. The reason I was happy was because I knew I would never again have to worry about taking a driving test. Requiring me to be tested again when I am old would take that away. At least now, even though teenagers are discriminated against, people have something to look forward to as they get older: escaping from this discrimination. If old people’s rights are taken away too, then all people will have to look forward to is losing their independence, seeing their freedom shrink, and being treated in a paternalistic manner. The government should pass laws that enable people to be happy about getting older, not make them dread it.
Contrary to what Graham says, it would take no courage for politicians to go along with the emotional, knee-jerk reaction of the masses. It would take courage to make the rational decision to respect freedom.
Our government, both on the federal and state levels, is moving in the direction of trying to increase safety at the expense of liberty, and that isn’t good. It’s horrible when an innocent person dies, but horrible things are going to happen, sometimes at the hands of bad people and sometimes as an accident. Taking away freedom in an attempt to prevent tragedies can never be fail-proof, and (more importantly) would be a bad trade-off even if it was. I’d rather live in a society with dignity, equality, freedom, and occasional danger than in a perfectly safe society without dignity, equality, or freedom.
See also:
Pressure building to test elderly drivers – Boston Globe
Pols might finally be driven to act – Margery Eagan, Boston Herald