Road Safety & Fairness Act Passes General Assembly, Heads to Governor’s Desk
Giannoulias-Championed Bill Would Establish Procedures to Report Unsafe Drivers;
Calls for Increasing Behind-the-Wheel Driving Test Age

Legislation championed by Illinois Secretary of State Alexi Giannoulias calling for enhanced safeguards to bolster road safety while increasing the age at which Illinois drivers must take a behind-the-wheel driving test from 79 to 87 passed the Illinois General Assembly today.

The legislation, supported by AARP Illinois, passed the Illinois Senate by a vote of 57-0. The bill was unanimously approved by the Illinois House last month.

HB 1226, or the Road Safety & Fairness Act, seeks to align Illinois driving standards with the rest of the nation. The bipartisan legislation, with 70 percent of the 177 state lawmakers signing on as cosponsors, would take effect on July 1, 2026, if signed into law.

“My top priority as Secretary of State is keeping our roads safe. Allowing immediate relatives to notify my office of concerns about their loved one’s driving ability helps make driving safer for everyone,” Giannoulias said. “Meanwhile, statistics show that senior drivers are the safest of any age category. This legislation will remove unnecessary burdens placed on them and align our testing standards with the rest of the nation.”

“The Road Safety and Fairness Act is a vital step toward ending outdated and discriminatory practices that unfairly target older drivers in Illinois,” said Philippe Largent, State Director of AARP Illinois. “With 1.7 million members across the state, AARP Illinois proudly supports this legislation because it promotes fairness, respects individual ability over age and helps older adults stay safely connected to their communities.”

“This measure will align Illinois senior driving standards with the rest of the nation while increasing safeguards so that Illinois remains among the strictest states for road safety,” Villivalam said. “It’s time to adjust this unnecessary and burdensome requirement unfairly placed on our state’s safest drivers.”

“A birthday is not an accurate gauge of one’s ability to get behind the wheel safely. Driving ability and medical health should serve as the determining factors,” said Hoffman. “Allowing immediate relatives – who have the most consistent interactions with their loved ones – to report medical concerns about a licensed driver is a more effective approach to maintaining road safety.”

The legislation calls for establishing new procedures aimed at preventing unsafe motorists – regardless of age – from driving. If a motorist’s driving skills begin to significantly decline or cognitive or medical issues prevent safe driving, the measure enables immediate relatives to request that the Secretary of State’s office review a submitted written report.

If the report review finds that the claims are credible, the driver would be required to submit a medical evaluation report and/or undergo retesting (written, vision and behind-the-wheel tests) to retain their license.

Under the proposed legislation, behind-the-wheel driving test requirements would be amended as follows:

• • Drivers ages 79 and 80 would still be required to visit a DMV facility if they need to renew their driver’s license and take a vision test (and a written test if a driving violation exists) but would not have to take a driving test.
  • Drivers between the ages of 81 and 86 would still be required to visit a DMV facility to renew their license every two years, which is a shorter renewal period than most drivers, which is every four years. They would still be required to take a vision test (and a written test if a driving violation exists) but would not have to take a driving test.
  • Drivers aged 87 and older would continue to be required to renew their license annually. These renewals would include a vision test and a driving test. A written exam may be required depending on the individual’s driving record. The law governing this age group would not change under the new law.

Illinois is currently one of only five states that do not allow immediate family members to report concerns about a relative’s driving ability. In addition, Illinois is the only state in the nation that requires a behind-the-wheel driving test for seniors based on age.

A temporary measure sparked by the COVID-19 pandemic that raised the age of mandatory driving tests from 75 to 79 became permanent in 2024 after an office-commissioned study found no significant increases in crashes per licensed driver in each affected age range.

Latest statistics from the Illinois Department of Transportation (IDOT) reveal that in 2023, the crash rate for drivers 75 and older is 24.61 per 1,000 drivers, which is lower than every age range of drivers between 16 and 74 years old.