Special Report: The driving rule letting over-85s escape driving tests

Some drivers aged over 85 in New South Wales can legally keep driving without ever passing another on-road test.

Ballina News Daily has uncovered a little-known rule allowing elderly motorists to continue driving locally if they switch to a restricted journey licence.

The discovery follows our earlier report examining road safety concerns after several incidents involving senior drivers in Ballina Shire.

That story came after a low-speed crash at an Alstonville service station earlier this year involving an 89-year-old driver.

It followed two similar local incidents in recent years.

In 2023, a car driven by a woman in her 70s crashed through the entrance of the Coles supermarket in Ballina (main image).

Last year, another car driven by an 84-year-old woman struck the façade of the BCU Bank building on River Street.

No one was seriously injured in either crash.

Ballina News Daily does not suggest the drivers involved were necessarily at fault. However, the incidents have renewed debate about how older drivers are assessed.

Ballina residents surprised by licence rule

When Ballina News Daily explained the restricted licence rule to people in the Ballina CBD this week, several said they had never heard of it.

One resident said some elderly drivers should be reassessed more regularly.

“Probably a few of them need to go and get their licences checked again,” she said. “Maybe some of them are not such good drivers.”

Another resident said the rules should be applied equally.

“I think it should be the same for everybody,” he said.

“If you have a restricted licence and you don’t have to do a test, that doesn’t seem right. It should be all tested or not tested.”

Others said regular testing could actually help drivers stay up to date.

“I think it’s probably better if you have a driving test regularly,” one woman said.

“That way you know you’re still driving in accordance with the rules.”

Several people were surprised to learn drivers with restricted licences do not need to take another practical test.

“No, I wasn’t aware of that,” one man said.

“So there are people driving around who haven’t done a test for years?”

Another resident said she had also never heard of the rule.

“I’d never heard of it before,” she said.

Others raised concerns that some older drivers may not keep up with changing road rules.

“The road rules change all the time,” one resident said. “They don’t always stay up with them, especially things like roundabouts and lanes.”

How the rule works

Driving instructor Mark Cribb:  “I think there needs to be more training for that middle-age bracket.”

Under current NSW rules, motorists aged 75 and older must undergo a yearly medical assessment with their GP to retain their licence.

Once drivers turn 85, the rules become stricter. Anyone wanting to keep an unrestricted licence must pass a practical driving test every two years.

But there is another option.

Drivers can apply for a restricted journey licence instead.  These licences limit how far a motorist can travel from their home address, but do not require a practical driving test.

That means some drivers aged over 85 may never need to take another on-road assessment.

To obtain the licence, motorists simply provide a medical report from their doctor and update their licence conditions at a Service NSW centre.

Restricted journey licences typically limit travel to between five and 15 kilometres from a driver’s home.

The exact distance can vary depending on medical advice and location.

In regional communities the distance can be larger, recognising that essential services are often further away.

Transport for NSW says the system aims to balance road safety with independence for older residents.

That balance can be especially important in regional areas where public transport options are limited.

Instructor calls for refresher training

Ballina driving instructor Mark Cribb said driving ability varies widely across all age groups. “There’s so much focus on young drivers and older drivers,” he said.

“I think there needs to be more training for that middle-age bracket.” Mr Cribb said refresher testing could help drivers maintain safe habits.

“Maybe it’s something that needs to be looked at,” he said. “It just refreshes people.”

“I do find the elderly will be the ones that will indicate incorrectly on a roundabout, not all the time, but a chunk of the time.”

Road safety statistics highlight the vulnerability of older drivers. Drivers aged 75 and over are three times more likely to be killed in a crash than drivers in their 20s.

The risk increases further for drivers aged over 85. Between April 2022 and April 2023, 70 people aged over 70 died in crashes across NSW.

Insurance data also suggests older motorists are involved in a significant number of collisions.

In 2024, drivers aged 65 and older were involved in more than 25 per cent of insurance claims.

Many incidents involved mistakes at intersections.

Ballina News Daily would like to hear your views – Should older drivers be required to complete regular driving tests? Please leave a comment below.

Earlier Story: New National laws come in to effect, but no changes for drivers over 75

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