Is it was discriminatory to require elderly drivers to retest more frequently then people under age 65?

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Is it was discriminatory to require elderly drivers to retest more frequently then people under age 65?

We think that it is promoting the general welfare if they get retested more often.

Asked on May 14, 2012 under Personal Injury, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Although it is not a general practice in all states in this country to have individuals who are sixty-five (65) years or older re-test more frequently than those auto drivers who are less than that age, there would be a rationale basis for such a rule that most likely would withstand and does withstand scrutiny based upon age discrimination due to the impact upon public welfare and safety.

The rationale is that when individuals reach a certain age, their ability to react and drive a motor vehicle in a safe manner decreases.


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