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The Public Choice of Driving Regulations

Margaret F. Brinig
Notre Dame Law School

Mark E. Wilkinson
University of Iowa Hospital and Clinics - Low Vision Clinic

Jeanette M. Daly
University of Iowa - Roy J. and Lucille A. Carver College of Medicine

Gerald Jogerst
University of Iowa - Roy J. and Lucille A. Carver College of Medicine

Edwin M. Stone
University of Iowa - Department of Ophthalmology


October 2005

U Iowa Legal Studies Research Paper No. 05-27

Abstract:     
Purpose: The purpose of this study is to describe and classify each state's driver's licensing laws and then test whether the licensing laws affect the percentages of over-64 persons licensed and the proportion of older drivers involved in accidents to determine an optimal level of driving.

Design and Methods: This paper evaluates state driving rules, obtained from laws, regulations, and driver's manuals, tests, based upon Department of Transportation data, whether the type of laws affects driving and accident rates for those over 64 and suggests a uniform scheme combining self-reporting of driving problems, on-the-road tests of drivers who fall below safe driving standards, and individualized restrictions where these can enable drivers to safely operate vehicles.

Results: Rates of licensure for those over 64 years and of the proportion who are involved in traffic accidents vary widely among states. State licensing rules are divided among seven categories. Regression analysis shows a relationship between the licensing category and both rates.

Implications: A model (and thus uniform) driving statute is recommended, with final licensing responsibility resting with the Department of Motor Vehicles or equivalent agency and licensing based on an evaluation of actual driving performance.

Keywords: driving, elderly, aging, vision, dementia, regulations, discretion, licensing, motor vehicles, efficiency

JEL Classifications: D45, D61, D73, J14, K20

Working Paper Series

Date posted: October 19, 2005 ; Last revised: June 01, 2006

Suggested Citation

Brinig, Margaret F., Wilkinson, Mark E., Daly, Jeanette M., Jogerst, Gerald and Stone, Edwin M., The Public Choice of Driving Regulations (October 2005). U Iowa Legal Studies Research Paper No. 05-27. Available at SSRN: http://ssrn.com/abstract=822187


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Contact Information

Margaret Friedlander Brinig (Contact Author)
Notre Dame Law School ( email )
P.O. Box 780
Notre Dame, IN 46556-0780
United States
Jeanette M. Daly
University of Iowa - Roy J. and Lucille A. Carver College of Medicine ( email )
Iowa City, IA 52242-1097
United States
Gerald Jogerst
University of Iowa - Roy J. and Lucille A. Carver College of Medicine ( email )
Iowa City, IA 52242-1097
United States
Edwin M. Stone
University of Iowa - Department of Ophthalmology ( email )
Iowa City, IA 52242
United States
Mark E. Wilkinson
University of Iowa Hospital and Clinics - Low Vision Clinic ( email )
Iowa City, IA 52242
United States
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