Osman Mohamed: "It is imperative to introduce regulations for drivers over 60 years old"
On Sunday, February 1st, while managing traffic for Thaipoosam Cavadee, a police officer was struck by a car. The officer was violently thrown and dragged for several meters before the vehicle came to a stop. The driver, a 73-year-old man, was apprehended. The police officer, severely injured, is still battling the consequences of this accident that occurred while he was simply doing his job. This incident once again raises the sensitive issue of age and driving regulations.
Beyond the emotional response, this accident brings to light an age-old debate that has never truly been resolved. Before 2009, drivers aged 60 and over were subject to certain obligations, particularly regarding medical evaluations. "There was an assessment for those aged 60 and above, but following a ruling in 2009, this changed. After the accident in Pamplemousses, I believe it is now imperative to introduce thoughtful and considered regulations for drivers aged 60 and older," states Minister Osman Mohamed. He advocates for the reopening of this long-suspended debate.
However, this practice was disrupted by a Supreme Court ruling in June 2009 in the case of Moossun Rashid v The State. In this decision, the judges clearly established that no legal provision automatically required a driver, upon reaching the age of 60, to renew their license or provide a medical certificate. The Court concluded that the law did not create a systematic obligation but merely granted discretionary authority to the licensing body.
In a now-iconic statement, the Court rejected the notion that a citizen's license would "expire at midnight on their 60th birthday," reminding that the legislator never intended to impose such rigid and absurd constraints. A medical certificate can only be required if deemed necessary by the competent authority during a renewal request, not automatically. This ruling thus ended an administrative practice that had become habitual rather than legally mandated, but which is now at the heart of questions reignited by the Pamplemousses accident.
When asked about this issue, Transport Minister Osman Mohamed acknowledges that the question deserves revisiting. During the official launch of the points-based driving license last Friday, he noted that the National Road Safety Council is currently reviewing the matter as part of efforts to enhance road safety. This council, which includes a lawyer and a psychologist, is tasked with better understanding and addressing the constraints related to driving, considering human, medical, and legal realities.
"The National Road Safety Council is looking into this issue. Should the driving age be assessed starting at 60? My ministry is examining this question. We have already had discussions with the Ministry of Health. We will then make recommendations to see if they can be implemented within an appropriate legal framework," the minister stated.