The Clemons Bill: Require NYS to implement elderly driver safeguards

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The Issue

Name of petition may be updated to the Clemons-Randall Bill pending permission from the Randall family.

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On a peaceful afternoon, tragedy struck when an 82-year-old driver was driving on the shoulder of the road before striking and killing two men who were replacing a mailbox. Both men were wearing bright-colored clothing and standing in clear view.

Shawn Clemons, one of the victims, was a husband and a Marine who served two tours in Afghanistan. Shawn was actively involved in the community through Little League and the local men's Softball League. From coaching children to maintaining the fields, he was always willing to lend a hand. 

Neither of those men should have died that day. They had their entire futures ahead of them, but those futures were tragically cut short. Based on the information we've obtained per police report, we are not aware of anything indicating that this was due to a sudden medical emergency; In my opinion, this was a preventable tragedy. I believe this raises serious questions regarding NYS rules and regulations. 

Such devastating occurrences can and should be prevented. New York State currently lacks comprehensive regulations addressing the unique challenges faced by elderly drivers, such as diminished vision, slowed reaction times, and cognitive decline. It's imperative that safeguards are put in place to regularly evaluate the capabilities of older drivers to ensure their—and others'—safety on the roads. NYS physicians are not legally mandated to report patients with medical conditions or declining health that may affect their driving; until after tragedy strikes. Given the circumstances and information surrounding this incident, if doctor's were legally required to alert the DMV all along, we firmly believe these two men would still be with us today.

Research and New York State law both confirm that age-related declines directly impact critical driving skills. In passing the Bill Geller Act (S7917, 2024), the State Senate found that drivers 85 and older have a higher rate of fatal accidents than teenagers, largely due to diminished peripheral vision, slower reaction times, limited range of movement, and poor night vision. The Act was named for Bill Geller, a 47-year-old man killed by an 88-year-old driver who was never charged in his death — the same accountability gap that followed when an 82-year-old driver killed Shawn Clemons and the other victim. 

According to the National Institute on Aging, over 77% of seniors experience some form of decline that could impact their ability to drive safely. Yet New York currently has no requirement to reassess these skills after a certain age. The Bill Geller Act also stated that New York “lags behind other states” in adopting age-appropriate driving safeguards — a dangerous gap the Clemons Bill would finally close.

Proposed measures of this bill include mandatory re-evaluations every 2-3 years for drivers over the age of 79, including vision tests, cognitive assessments, and increased road tests. Mandated road tests for 79 and older following Illinois current law. Also to legally require doctor's to report patients who may be deemed unsafe behind the wheel whether it be due to a previous incident or declining health. These steps are not meant to punish or indiscriminately strip elderly people of their independence but to ensure that those who are on the roads are fully capable of doing so safely.

By implementing these standards, we honor the lives lost by preventing future tragedies. We appeal to New York State legislators to enact necessary reforms that balance the dignity and freedom of our senior citizens with the safety and peace of mind that all road users deserve.

We need your support to make this change a reality. Please sign the petition to urge New York State to establish and enforce driving safeguards that protect everyone in our community.

The Decision Makers

Kathy Hochul
New York Governor
U.S. Senate
2 Members
Charles Schumer
U.S. Senate - New York
Kirsten Gillibrand
U.S. Senate - New York
New York State Assembly
3 Members
Carl Heastie
New York State Assembly - District 83
William Magnarelli
New York State Assembly - District 129
Robert Smullen
New York State Assembly - District 118
New York State Senate
2 Members
Andrea Stewart-Cousins
New York State Senate - District 35
Peter Oberacker
New York State Senate - District 51
Timothy Kennedy
U.S. House of Representatives - New York 26th Congressional District

Supporter Voices

Petition Updates