There is no question that everyone has a stake in highway safety and that competency standards for drivers are ethical and necessary. Age is a factor in these competencies so we don't allow children to drive until they reach age 16, which we have somehow divined to be the right point to start. It also seems reasonable to set standards at the other end of life since it is a scientific fact that aging diminishes driving competencies.

But, how can it be done ethically. And even if a way is found, will it really make much difference?

Looking only at car crashes of all types, statistics clearly show the teen- age group is the most dangerous on our highways, recording about 32 accidents for each million miles driven. Accidents decrease as drivers get older and more competent until about age 60, where the fewest occur, only about 13 per million miles. The danger then rises steadily with age, but doesn't reach 20 mishaps per million miles until after age 80 and the number for all drivers over 80 remains below that of the teenagers. So, statistically, by this measure at least, it is sustainable to say that, on average, drivers over 80 are at least as safe as are drivers under 20.

But, people are not killed by the "average driver." It takes a particular driver for that. This is why ethics is always about individuals and why we need to be careful how we tackle this problem. Making a judgment solely by age would be ethically wrong. But, it's so much easier to lump people together and make a blanket rule. It's cheaper too and, sadly, governments do it all the time. These "one size fits all" solutions are always unethical; they are inevitably unfair to someone.

Reevaluating the competency of older drivers is reasonable and if it's done on an individual basis it can be done ethically. Age 85 seems to be the point at which elderly drivers become as crash prone as 16-year-olds and it's probably a good point to start retesting and possibly restricting the scope of the license. But, at whatever age, testing must be focused and fair. The only valid tests for elderly drivers must be about physical and mental conditions such as reflexes, cognition, eyesight, hearing and the like, areas where aging can clearly cause problems.

These kinds of medical assessments must be confidential and ought to be done privately by the driver's personal physician. Satisfying a specially designed driving safety screening in this way, beginning at some reasonable and scientifically justifiable point, would be ethical and not likely to generate much opposition from people otherwise urged to defend their freedom and equality. It would be an objective measure done by the person's own physician whose finding would likely carry weight with the elderly driver and his or her family. It's a fair and respectful way to try to identify only the individuals with an age-related driving competency problem while minimally impacting everyone else.

To be fully ethical, this or any effort to regulate and limit who has access to the public highways must protect the freedom and equality of everyone and not be primarily intended to push the elderly off the road.

Traffic problems are not caused by old drivers or by young drivers, but by irresponsible drivers. We are all answerable for highway safety, and until we discharge this moral duty, the law won't make much difference at all.

On the water, when two boats on intersecting courses approach, it is expected that the slower and less mobile boat shall have the right of way. A motorboat, for example, will yield to a sailboat. Allowances are made for the less capable craft in a way that preserves the right of everyone to safely enjoy the waters. This example illustrates what the ethics of this issue is all about, justice for all.

The Massachusetts motor vehicle laws wisely reflect this innate human urge to get along and hint at the best answer of all.

From Chapter 90: Section 14:

Every person operating a motor vehicle when approaching a cow, horse or other draft animal being led, ridden or driven shall use reasonable caution in passing such animal. In approaching or passing a person on a bicycle the operator of a motor vehicle shall slow down and pass at a safe distance and at a reasonable and proper speed.

We ought to pause and reflect on this when judging the call to restrict the freedom and equality of elderly drivers. It is the strongest and swiftest who carry the greatest moral burden here. It is ethically incumbent on everyone to do all they can to accommodate the elderly.

ANTHONY TIATORIO recently retired after 33 years as a teacher and social studies department head in Mansfield. His special expertise is in ethics education and in integrating ethics themes directly into established secondary school curricula, many examples of which are on his website: www.ethicsineducation.com