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MOTOR VEHICLE FLEET

Management Bulletin
FROM THE LOSS CONTROL DEPARTMENT OF THE HARTFORD

October, 2000

AGE AND DRIVING

Here is the scenario. You are the Fleet Manager of a medium size commercial trucking company. The majority of your drivers are between the ages of 25 to 49. However, one driver has just turned 70 years of age, and there are several more drivers between 65 and 69 years of age. All of these "older" drivers have been with you for 25 to 35 years. All have excellent driving records. However, you are concerned that as these drivers get older, they may become safety problems. The question is, "What should you do about it now?"

Let's put this in perspective. The population is getting older. Today, about 12 percent of the population in the United States is over 65 years of age. By 2020, according to some estimates, that figure could rise to 20 percent. By 2020 the so-called "Baby Boomers" will double the number of people, age 70 and older to nearly 40 million. Studies have shown that, although older drivers have better than average safety records, drivers over the age 65 account for 13 percent of the traffic deaths, just about their proportion in the driving population. Drivers older than 75 are twice as likely to be involved in an accident, based on miles driven, than any age group except those 15-19 years old.

Impaired older drivers generally result from failing faculties. The effects of aging begin showing up in increased fatal-accident rates for drivers 70 to 84. Accidents are caused by the following:

• Diminished peripheral vision
• Slower reaction time
• More limited range of movement
• Confused thinking
• Poor night vision

Several recent incidents have placed a spotlight on the problem of older drivers.

1. November 1998 - a 96-year-old driver ran down a 15year old girl in a crosswalk in Santa Monica, CA Monica. The driver apparently hadn't taken a road test since he got his license in 1918.
2. July 1999 - An 87-year-old woman crashed her car into a restaurant in Winslow, ME, sending panicked patrons diving out of the way; 28 had minor injuries.
3. June 1999 - A 71-year-old woman made a wide turn through a San Francisco crosswalk; a 10-month-old boy being pushed in a stroller by his mother was struck and killed. Just hours before, the driver had flunked a road test and lost her license.

So, armed with this information, you are contemplating instituting a rule that would limit your drivers to those under the age of 65 years. Could this present a problem? Absolutely!

You may be discriminating illegally. The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate against employees who are over 40 years-of-age. Therefore, to arbitrarily set an age limitation of 65 would be tantamount to discriminating against anyone 65 and older on the basis of age alone. Should one of these individuals bring a cause of action with the Equal Employment Opportunities Commission (EEOC), the company would have to prove that it had a legitimate, non-discriminatory, business reason for making this decision.

A recent case involving a bus company illustrates the issue. The bus company refused to hire applicants over forty years on the basis that they could not withstand the rigors of extra-board driving. The policy was contested by drivers who were affected by the policy. The case also incorporated the Americans with Disabilities Act (ADA). The Court permitted the use of age as proxy for health under the ADEA. The bus company regarded older applicants as having disabilities and made an adverse employment decision based on this perception. The bus company only hired persons who did not have a perceived disability. This, according to older applicants, contradicted the fact that they obtained the requisite licenses and experience for driving a tour bus, and the requisite skills to perform the essence of the job, which is driving. Therefore, they are qualified applicants. The bus company's defense under the ADEA was that the rigors of the job make all, or substantially all, older employees unsafe. It would appear that such a contention would be difficult to sustain in court.

Therefore, what can the Fleet Manager do to reduce the exposure of older drivers? Instead of attempting to terminate older drivers, several tactics might be employed to reduce the safety concerns:

• Have vision checked annually.
• Avoid driving at night.
• Avoid driving the most congested routes.
• Avoid driving during peak rush hours.
• Get plenty of rest and exercise.
• Plan the route ahead of time to be familiar with the where to go and how to avoid problem areas.
• Purchase vehicles that are "user-friendly" for older drivers; e.g., easy to enter and exit, easy to see displays, and easy to use controls.
• Monitor accident or incident experience so that any decision to remove the person from a driving position is based on job performance, not merely on age.

Before implementing any personnel policy changes, consult with your legal advisor to be sure that you are following the law and are not open for a charge of illegal discrimination.