Osman Mahomed: "It is imperative to implement regulations for drivers over 60 years old"
On Sunday, February 1st, while managing traffic during the Thaipoosam Cavadee festival, a police officer was struck by a car. The officer was hit head-on and dragged 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 incident that occurred while he was simply doing his job. This accident once again brings to the forefront the sensitive issue of age behind the wheel and the need for regulation.
Beyond the emotional aspect, this incident reignites an old debate that was never truly resolved. Before 2009, drivers aged 60 and above were subject to certain obligations, particularly in terms of medical evaluations. "There was an assessment for those aged 60, but following a ruling in 2009, things changed. After the accident in Pamplemousses, I believe it is now imperative to introduce well-thought-out regulations for drivers aged 60 and above," stated Minister Osman Mahomed. He supports reopening this long-suspended debate.
However, this practice was overturned by a Supreme Court ruling made 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 to renew their license or produce a medical certificate once they turned 60. The Court determined that the law did not create any systematic obligation but instead provided discretionary power to the licensing authority.
In a now-iconic formulation, the Court rejected the notion that a citizen would see their license "expire at midnight on their 60th birthday," reminding that the legislature never intended to impose such a rigid and absurd constraint. A medical certificate can only be required if the competent authority deems it necessary during a renewal request, not automatically. This ruling thus ended an administrative practice that had arisen out of habit rather than law, but which is now at the heart of the concerns reignited by the Pamplemousses accident.
When questioned about this issue, Minister of Land Transport Osman Mahomed acknowledged that the question deserves to be revisited. During the official launch of the points-based driving license last Friday, he stated that the National Road Safety Council is currently examining the matter, in an effort to enhance road safety. This council, which includes a lawyer and a psychologist, aims to better understand and address the constraints related to driving, considering human, medical, and legal realities.
"The National Road Safety Council is looking into this issue. Should the age for driving be evaluated starting from 60? My ministry is considering this matter. 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.