This Law Applies Only to Teen Drivers

Teenage drivers are unique among all other drivers for many reasons – their high likelihood of being involved in and causing crashes being the most critical. The response to this national problem from the legislative side has been to single out teens with two laws that apply only to teens.

These are the Graduated Driver Licensing (GDL) laws and the Zero Tolerance BAC (blood alcohol content) laws. In addition, of course, teens are subject to all the other laws that govern the driving behavior of every driver.

GDL laws are now in effect in every state in the country. They are designed to prohibit the most risk-laden driving situations for novice drivers, allowing them to gain experience and gradually be exposed to greater risk as they learn.

GDL in most states requires youngsters to begin with a Learner’s Permit, usually at age 15 or 16. This level of licensing must be held for a specific length of time, the “Mandatory Holding Period,” usually six months. Why? Because during the Learner’s period, teens are learning to drive. That’s why parents are required by law to drive with their teens for a specific number of daytime and nighttime hours — usually 30 to 50. Many states require parents or guardians to submit an affidavit certifying that they and their teen have, in fact, done that practice driving.

When a teen passes the road test and is ready to drive alone, without a parent or guardian in the car, he moves to the Intermediate level license. This stage usually lasts until at least age 17 or 18 and includes a night driving restriction, usually starting at 9 or 10PM. Most states also have a restriction on carrying teenage passengers, usually allowing no teenage passengers, or no more than one.

But did you know: beginning to drive solo is the most risky time of any? That’s when Mom or Dad are no longer in the car, watching traffic and giving advice and direction. It’s the time when he’s likely to turn the radio on full blast, or play with his iPod or cell phone when he’s driving. Driving alone is a wonderful feeling of autonomy. Teens report that they feel “more adult” when they’re driving.

Data from Nationwide Insurance shows the difference in crash rates between Learners and Novices. Learners are those with a parent still in the car; Novices are driving solo without parents. Based on this data, crashes increase from around 10 to over 120 — a 12-fold increase — when teens begin driving alone! There is a gradual reduction in crashes as the driver becomes more experienced. But even after two years, the crash rate for solo drivers is still nearly three times higher than it is for Learners.

Enforcement of GDL laws is critical if those laws are to have any effect. But our law enforcement system faces several problems when dealing with young drivers.

First, police in most jurisdictions are tasked with preventing “serious” crime. Many, if not most jurisdictions, consider enforcement of GDL laws to be a “secondary enforcement” issue. That is, they won’t simply stop a car driven by a visually young-appearing person because the office thinks there may be a GDL violation underway.

Then too, there may be a tendency for officers to overlook possible GDL violations, and for prosecutors to dismiss them because the suspect is “just a kid.” Further, it is often difficult for law enforcement to determine the age of the driver unless a stop is made.

All of this has had the effect of placing the first responsibility for enforcement of GDL on parents. Yet parents are often unaware of their role under GDL enforcement.

Allstate Insurance’s “Under Your Influence” survey of 1,000 parents is published at our web site, with Allstate’s kind permission. The survey results are shocking because they show how little parents know about teen driving risks…and how parents fail to take the actions that can prevent crashes.

For example, the survey shows less than one third of parents believe teens are good drivers. Yet nearly nine in 10 parents say that their own teen can drive safely. This “not my teen syndrome” gives parents a false sense of security as parents embark on what may be the most dangerous phase of child-rearing.

When it comes to understanding laws associated with novice drivers, Allstate reports that 93 percent of parents believe they can teach their kids to drive, yet three in five have never heard of, or are only vaguely familiar with, Graduated Driver Licensing (GDL) laws. Most parents, unaware of GDL laws — which are designed to minimize a novice driver’s exposure to the highest risk driving situations — allow the exact behaviors that the laws are designed to prohibit. In simple language, ignorance of the laws puts young drivers at risk!

Where is GDL going? States are updating their laws to include more restrictions. Several states have enacted updates to their GDL that became effective on July 1, 2008. For example, California now makes it illegal for drivers under the age of 18 to use a hand-held cell phone while driving.

Senate Bill 38: ” This bill, on and after July 1, 2008, would prohibit a person under the age of 18 years from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or
while using a mobile service device…”

Yet the question remains: What can be done to inform, educate and motivate parents to take the appropriate actions to enforce GDL laws in their own families? The Insurance Institute for Highway Safety has published a GDL state-by-state summary of laws accessible here. It’s updated every month and serves as a good starting point for parents to get the info they need. The Governor’s Highway Safety Association has another more detailed version here.

If you’re a parent, take a minute to print a copy of the laws in your state. If you’re a teen driver, get up to date on the law that applies to you and you alone!