Driving represents much more than transportation. For many older drivers, it provides independence, freedom, and the ability to remain connected with family, friends, healthcare appointments, and their community. But as we age, physical and cognitive changes can gradually affect our ability to drive safely, and recognizing those changes early is one of the most important steps families can take to help prevent serious motor vehicle collisions.
I recently discussed this topic during an interview on CHCH Morning Live, where we explored the warning signs families should watch for and how Ontario currently assesses older drivers.
Driving Ability Is About Health, Not Age
One of the biggest misconceptions is that age alone determines whether someone should continue driving. It does not. Many older drivers self-regulate effectively, drawing on decades of experience to avoid higher-risk situations such as night driving, highway merging, or poor weather.
The real issue is whether changes in a person’s health have begun affecting their ability to operate a vehicle safely. Conditions affecting vision, mobility, reaction time, memory, or judgment — and certain medications — may significantly increase the risk of a collision. The conversation should focus on ability, not age.
Warning Signs That an Older Driver May No Longer Be Driving Safely
Family members are often the first to notice subtle changes. Warning signs include:
- New dents, scrapes, or unexplained vehicle damage
- Multiple close calls or near misses
- Difficulty staying within a lane
- Becoming confused or getting lost on familiar routes
- Missing stop signs or traffic signals
- Slower reaction times
- Difficulty turning to check blind spots
- Vision or hearing problems
- Arthritis or reduced neck and shoulder mobility
- Medications causing drowsiness, dizziness, or confusion
Often it is not one isolated incident but several smaller signs that gradually begin adding up.
Ontario’s Senior Driver Renewal Program
In Ontario, drivers aged 80 and older must renew their driver’s licence every two years. The renewal process generally includes a vision assessment, a review of the driver’s record, a group education session, and two brief in-class screening exercises.
Depending on the results, a driver may also be required to complete an on-road driving assessment, provide additional medical information, or undergo further vision testing. The purpose of the program is to identify drivers who may require additional evaluation while allowing many older adults to continue driving safely.
Doctors Have Legal Reporting Obligations
This is the part most families do not know, and it matters.
Under section 203 of the Highway Traffic Act, physicians, nurse practitioners, and optometrists are required to report a patient to the Registrar of Motor Vehicles where the patient has, or appears to have, a prescribed medical condition, functional impairment, or visual impairment. The specific conditions and impairments that trigger the mandatory duty are set out in Ontario Regulation 340/94.
Physicians, nurse practitioners, optometrists, and occupational therapists also have discretionary authority under section 203(2) to report other conditions that, in their opinion, may make it dangerous for a person to drive.
Two practical points follow from this. First, a practitioner does not need the patient’s consent to report, and a mandatory report can result in a licence suspension. Second, if you raise a genuine concern about a parent’s driving with their doctor, the doctor may be legally obligated to act on it. That is often the most effective route available to a family, and it shifts the decision away from the family and onto a medical assessment.
Police may also report a driver they believe is medically unfit. Where a family has an urgent safety concern and no other avenue, contacting police or the Ministry of Transportation’s Medical Review Section is an option.
When an Unsafe Driver Causes a Collision
At Kotak Law, we regularly represent people whose lives have been permanently changed by serious motor vehicle collisions. Where the at-fault driver was medically unfit to be behind the wheel, several legal consequences follow.
The driver’s own liability. A driver who continues to operate a vehicle knowing their condition impairs their ability to do so may face liability in negligence, in addition to the ordinary consequences of an at-fault collision.
Liability of others who permitted the driving. Section 192 of the Highway Traffic Act makes the owner of a vehicle vicariously liable for the negligence of a person driving with the owner’s consent. A family member who owns the vehicle and permits an unfit driver to use it may therefore have exposure of their own. This is not a reason to avoid the conversation — it is a reason to have it.
Claims available to injured parties. Someone seriously injured in a collision in Ontario will typically have concurrent claims running at once: statutory accident benefits through their own insurer, a tort claim against the at-fault driver, long-term disability benefits if they were working, and potentially CPP Disability. These have different deadlines and different tests, and they interact with each other.
Serious injuries in these cases frequently include traumatic brain injury, spinal cord injury, multiple fractures, permanent neurological injury, and psychological trauma. They often require emergency surgery, lengthy hospitalization, rehabilitation, attendant care, and ongoing treatment, and families are left navigating complex insurance claims while adjusting to an entirely new reality.
Preventing even one catastrophic collision can spare countless people from years of physical, emotional, and financial hardship.
How to Have the Conversation With a Loved One
Perhaps the most difficult part is knowing when and how to speak with a parent, grandparent, or spouse about driving. These conversations should be approached with empathy rather than confrontation:
- Focus on safety rather than age.
- Raise specific incidents you have observed, not general assumptions.
- Involve the person’s physician where appropriate.
- Explore alternative transportation options before asking someone to stop driving.
- Recognize that giving up driving often represents a significant emotional loss.
The goal should always be preserving dignity while protecting lives.
Frequently Asked Questions
At what age do you need to be retested to drive in Ontario? There is no retesting at a fixed age. Drivers aged 80 and older must renew every two years through the Senior Driver Renewal Program, which includes a vision test, a record review, an education session, and brief screening exercises. An on-road assessment is required only where the screening or medical information indicates it.
Does a doctor have to report an unsafe driver in Ontario? Yes, in defined circumstances. Section 203 of the Highway Traffic Act imposes a mandatory reporting duty on physicians, nurse practitioners, and optometrists for prescribed medical, functional, and visual impairments. Other conditions may be reported at the practitioner’s discretion.
Can I report a family member I believe is unsafe to drive? The most effective route is usually to raise the concern with the person’s physician, who has reporting obligations. Where there is an urgent safety risk, police may also report a potentially unfit driver to the Ministry of Transportation.
Will a report result in an automatic licence suspension? A report of a mandatory condition will generally result in a suspension pending medical review. Other reports are assessed by the Ministry’s Medical Review Section, which may request further information or an on-road assessment.
Who is responsible if an unfit driver causes a collision? The at-fault driver may be liable in negligence. Under section 192 of the Highway Traffic Act, the owner of the vehicle may also be vicariously liable for the driver’s negligence where the vehicle was driven with the owner’s consent.
Final Thoughts
Most older drivers continue to drive safely for many years. The challenge is recognizing when health changes — not age itself — begin affecting a person’s ability to drive safely. Having an honest, respectful conversation today may prevent a tragedy tomorrow.
If you or a loved one has been seriously injured in a motor vehicle collision, the deadlines that apply to your claims begin running immediately. Contact Kotak Personal Injury Law at 1-888-465-6825 for a free consultation. We act for injured people across Ontario and Alberta, and there is no fee unless we recover for you.
