Graduated Licensing for Teen Drivers--Transportation Review

Graduated Licensing for Teen Drivers

January 2000

Statistics show that teen drivers are at risk. Drivers between the ages of 15 and 20 account for 7 percent of the driving population but are involved in 14 percent of all fatal crashes. Their lack of driving experience and tendency to take risks contribute to this high fatality rate. State legislatures have grappled with the issues of teen drivers and many have enacted a graduated licensing system as a solution. Graduated licensing allows young drivers to acquire more on-the-road driving experience in lower-risk settings, increases the learning time and gradually introduces young drivers to more difficult driving situations. They "graduate" to greater driving responsibility as they master the previous steps.

Parents, safety advocates, law enforcement officials and medical professionals are among those that support graduated licensing laws. The American Automobile Association (AAA) has been at the forefront of this effort. Through its "Licensed to Learn" program, AAA has sought to reduce the number of teen traffic crashes. Clubs throughout the nation have organized grassroots coalitions to lobby for graduated licensing laws. Arguments in opposition to the law include concerns about implementation costs, questions about whether the law punishes teens and issues of governmental intrusion into parental decision making.

Overview
State Action
Evidence of Effectiveness
Conclusion
State Chart
Links

Prepared by Janet B. Goehring, Program Principal, NCSL Environment, Energy and Transportation Program

8-page document

Overview

Driving is a complicated skill to learn; it takes time and practice. This form of licensing tries to improve and extend the learning process. Safety is another big concern. The leading cause of death for 15- to 20-year-olds is traffic crashes; more than 5,600 died in 1998. Driver error accounts for a majority of fatal crashes for 16-year-olds. They are over-represented in crashes involving speed or driver inattention as well as single vehicle crashes.

Sometimes young drivers lack driving experience to safely react to traffic situations. Drivers in this age group also commonly engage in more risk-taking behaviors, exposing themselves to dangerous situations on the road. Teens are twice as likely to have unbelted passengers in the car. Seventy percent of teens who die in crashes are unbelted.

Graduated licensing requires young drivers to demonstrate responsible driving behavior through three phases of licensing--learner's permit, intermediate or provisional license and full license. Suggested components of each stage are as follows.

Stage 1: Learner's Permit

Meet minimum age requirement determined by the state
Pass vision and "rules of the road" knowledge tests
Complete basic vehicle operation skills training
Be accompanied by a licensed adult at all times
Complete required number of hours of supervised practice
Wear safety belts at all times, including passengers
Refrain from any alcohol or drugs while driving
Permit is visually distinctive from other drivers' licenses
Cause no at-fault crashes and remain traffic offense conviction-free for six months.

The learner's permit must be visually distinctive from other driver's licenses.

Stage 2: Intermediate or Provisional License

Complete stage one
Meet minimum age requirement set by state
Pass an on-road test
Complete advanced driver education training
Wear safety belts, including passengers
Observe nighttime driving restrictions
Follow passenger restrictions
Refrain from any alcohol and drugs while driving
Driver improvement actions are initiated at a lower point level than for adult drivers
Provisional license is distinct in appearance from regular license
Cause no "at fault" crashes and remain conviction-free for at least twelve months

Stage 3: Full License

Complete stage two
Meet minimum age requirements, usually 17
Refrain from any alcohol and drugs while driving

State Action

Thirty-seven states have enacted some or all of the elements of graduated licensing. Sixteen states--California, Colorado, Delaware, Florida, Georgia, Iowa, Massachusetts, Michigan, Missouri, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania and Rhode Island--have, according to safety groups, the core elements of a graduated licensing plan as compared with the National Committee on Uniform Traffic Laws and Ordinances model graduated licensing law. The core components are a learner's phase of at least six months, an intermediate license phase of at least six months that also includes a prohibition against unsupervised nighttime driving, and full licensure. Drivers must remain free of traffic violations during the license phases. Seventeen other states have at least some of the core provisions.

Graduated licensing bills were introduced in at least 18 states and the District of Columbia in 1999. Eleven states enacted new laws and the existing law in Pennsylvania was strengthened. In Arkansas, a bill requiring teen drivers to hold a learner's permit or restricted license for at least six months was signed by Governor Mike Huckabee in February. Colorado, New Mexico and Oregon enacted laws that create a three-tiered graduated licensing system. A new Utah law places additional restrictions on teen drivers. Arizona and Hawaii enacted teen driving bills that include some of the components of graduated licensing but do not set up a tiered system. As of October 1, 1999, bills were still pending in the District of Columbia, New York and Wisconsin. The District of Columbia Council passed its graduated licensing proposal; it now awaits approval from the D.C. Financial Control Board and Congress. For a summary of current legislative activity go to http://www.nhtsa.dot.gov/ncsl.

Nighttime Driving Restrictions

The nighttime driving restriction is a key element of graduated licensing laws, according to safety advocates. It is not a curfew, but a requirement for supervised nighttime driving. Night driving is more difficult than day driving for all drivers. Visibility is reduced, the glare of oncoming headlights can be difficult and drivers tend to be more tired. The risk of fatal crashes at night for all drivers is approximately 30 to 40 times greater than during the day and the fatal risk for teen drivers at night is higher. A study in North Carolina showed that the time for highest risk to teens was between 9 p.m. and midnight. As a result of the study, the North Carolina legislature included a nighttime driving restriction from 9 p.m. to 5 a.m. in their graduated licensing law. South Carolina adopted stricter restrictions, limiting unsupervised nighttime driving from 6 p.m. to 6 a.m., the earliest cutoff for teen driving. Twenty-eight states have similar restrictions, although the times vary.

Minimum Supervised Driving Practice

Another component of graduated licensing systems is the requirement that novice drivers complete a specified amount of supervised driving practice. For example, California, Michigan and Ohio require 50 hours with 10 of those at night. Other states have somewhat different requirements. For example, Illinois requires 25 hours and Massachusetts 12. Increased parental involvement in the education process is one of the cornerstone's of AAA's Licensed to Learn program.

Passenger Restrictions

California was the first state to impose passenger restrictions as part of their graduated licensing system. For the first six months of the provisional license, drivers in California, are prohibited from transporting passengers under age 20 unless accompanied by a parent or an adult over 25. A family exemption allows teens unaccompanied by an adult to drive immediate family members under age 20 during the first six months at any time of the day or night as long as the teen has a letter from their parent authorizing it. Eight other states (Delaware, Georgia, Indiana, Massachusetts, New Jersey, New Mexico, Oregon, Wisconsin) now impose some kind of passenger restriction. Five states (Illinois, Minnesota, North Carolina, Ohio and Rhode Island) limit the number of passengers to the number of seat belts in the car.

One of the rationales behind these restrictions is that teen drivers can be distracted by teen passengers. Studies by the Insurance Institute for Highway Safety show that teenage drivers are at much greater risk of being involved in a fatal crash when teen passengers are present as opposed to driving alone or with an adult.

Implementation-An example

The California graduated licensing law--entitled the "Brady/Jared Teen Driver Safety Act of 1997"--is named for two teenagers who were killed in separate car crashes in Southern California. The law sets out a comprehensive licensing process for teens. Teens aged 15 years and 6 months may apply for an instructional permit after successfully completing a driver's education course and training. The law requires an instructional permit for six months that includes 50 hours of driving practice supervised by a parent, driving instructor or licensed driver over age 25. Ten of the supervised hours must be at night.

For the first six months of the provisional license, drivers are prohibited from transporting passengers younger than age 20 unless accompanied by a parent or an adult age 25 or older. A family exemption allows teens unaccompanied by an adult to drive immediate family members under age 20 during the first six months at any time of the day or night as long as the teen has a letter from his or her parent authorizing it. The first year of the provisional license includes a nighttime driving restriction from midnight to 5 a.m. Employment, school activities and medical necessity are exceptions to the restriction. A six-month suspension of the license and a one-year term of probation is imposed when a driver accrues three or more traffic violation points in a 12-month period.

Senator Tim Leslie, sponsor of the bill, says, "With one teen dying on average every other day in California, the carnage is just too great." Teenagers constituted 4 percent of the total licensed drivers in California, but were involved in 9 percent of the fatalities and 10 percent of the injuries in car crashes. Leslie wanted to reduce the overrepresentation of teens in these statistics and says, "This is going to help teens and eventually they'll understand it, I think, because their friends will still be with them." He included the restriction for carrying young passengers because novice drivers need to focus on the task at hand, not on their friends in the car.

The legislation met with very little concerted or organized opposition, although some objected because the law appeared to punish teens. Others felt it constituted an unwarranted intrusion into family decision making. The American Automobile Association of California was one of the primary backers of the measure and has been organizing coalitions in other states to promote graduated licensing laws. Safety groups, law enforcement officials, medical professionals and parents also supported the law.

The law became effective July 1, 1998. The California Department of Motor Vehicles (DMV) educated the public about the new requirements through press releases, presentations, visits to high schools and parent teacher associations, and changes to the Parent Teen Driver Handbook. Because California already had a provisional license before the more comprehensive graduated plan was adopted, the DMV did not change many of the basic procedures to obtain the license. The costs connected with implementation were estimated by the Legislature to be $41,520 in FY 1997-98 and $102,155 in the next fiscal year. This includes costs in changing the system programming and creating forms and written materials. Walt Steuben, chief of the DMV Justice and Government Liaison Office, considers these costs "minimal, for the saving of teen lives." The DMV verifies the 50 hours of supervised driving time by having the parent sign a form on the instruction permit that states the requirement has been met.

The DMV reports no formal complaints or opposition to the new law. Most comments and feedback have been favorable. The department did experience a tremendous rush to obtain permits before the effective date of the more stringent requirements. There also continues to be a small contingent of parents who do not want to "hassle" with the new system and are trying to obtain an exemption. Enforcement of the law will be secondary, meaning that a teen must be pulled over for some other traffic offense before the officer can inquire about the teen's license status.

Cost Issues

One issue often raised about these new systems is the cost to the state to implement the programs. Some states anticipate that license fees will cover the costs of implementing the system.

The actual implementation costs in Delaware, for example, include:

$6,000 for workstations (one-time cost)
$50,000 for programming support requirements (one-time cost)
$71,000 and two general fund full-time employees to support the program
$50,000 for the Office of Highway Safety to conduct public information and education campaigns for fiscal year 1999.

The total cost to date for implementing the graduated licensing system in Delaware is $177,100, with $106,000 going toward one-time expenses. All dollars were appropriated from the general fund.

Evidence of Effectiveness

Support for graduated licensing is widespread. A survey of parents of teens in Michigan indicated that they think the state's law makes good sense. Parents report an improvement in their child's driving with the required 50 hours of supervised driving experience. The American Automobile Association conducted a national public affairs study in 1997. Of the more than 11,000 members surveyed, nine of 10 support graduated licensing.

Several studies have tracked the effectiveness of graduated driver's licensing systems. Most of the evidence shows that phased-in driving privileges lead to a reduction in deaths and injuries for young drivers. Extensive data are not yet available from states that have adopted the three-tiered plan because it has been in effect for only a few years. The laws must be in place several years before a full analysis will be possible. Graduated licensing systems in other countries have produced positive results.

New Zealand adopted a graduated licensing system in 1987 that included a three-stage process--learner's license, restricted license and full license. The learner's stage required supervised driving experience. The restricted phase included nighttime driving and alcohol restrictions and a limit on the number of passengers in the car. A study of the New Zealand program examined national public hospital inpatient morbidity data from 1979 to 1992. The statistics showed a dramatic 23 percent decrease in injuries for drivers aged 15 to 19. The researchers cautioned however, that a reduction in injuries occurred for all ages and that factors in addition to the new licensing system affected the outcome. The researchers estimate that the injury reduction directly attributable to graduated licensing is about 7 percent.

Initial statistics from three states show improved safety for the graduated systems. Florida adopted a graduated licensing law that took effect in July 1996. It allows the Department of Motor Vehicles to issue a learner's driver's license to 15-year-olds who have passed vision and hearing tests and the written exam for the license. Applicants must have completed a traffic law and substance abuse education course. The law requires that permit holders be supervised at all times and that driving occur during daylight hours for the first three months of the learner's license. Three months after the permit is issued, driving can occur between 7 p.m. and 10 p.m. Nighttime driving restrictions continue through age 18; they are 11 p.m. to 6 a.m. at age 16 and 1 a.m. to 5 a.m. at age 17.

The first-year statistics for the graduated licensing program also show positive results for the nighttime driving restriction. Crashes for 16-year-old drivers decreased by 19 percent and fatalities decreased by 25 percent for incidents during the restricted hours. Crashes for those aged 17 dropped by 22 percent late at night. A study released by the Insurance Institute for Highway Safety in January 1999, compared the crash rates for 15- to 17-year-old drivers in Florida with teens of the same age in Alabama, a state without a graduated licensing program. The study showed an overall decrease in crash rates of 9 percent for teens in Florida but no similar decline in Alabama.

The Georgia graduated licensing law allows 15-year-olds to obtain an instructional permit. At age 16, teens may apply for a class-D license as long as they have been free of traffic convictions for the 12 months of the permit. The class D license limits the number of passengers a teen may have in the car and imposes nighttime driving restrictions. The law also includes a mandatory school attendance provision tied to obtaining and keeping the license.

The Department of Public Safety reports that the number of people killed in crashes where the drivers are aged 16 to 17 decreased more than 26 percent after graduated licensing went into effect. Driver's license suspensions for this age group increased dramatically by 230 percent after the new law. Suspensions occur, for example, for speeding 24 mph over the speed limit and for dropping out of school.

Newly compiled state traffic statistics show that graduated licensing in Michigan is preventing crashes and saving lives. State police statistics for last year show the number of crashes, injuries and deaths involving teen drivers all were lower than in 19963/4 the last year under the old, less stringent law.

The number of crashes involving adolescent drivers dipped by 6 percent3/4 from 105,942 in 1996 to 99,610 in 1998.
Injuries in those crashes dropped from 16,118 in 1996 to 15,045 in 1998.
Deaths decreased from 305 to 271 in accidents where youths were at the wheel.

The positive evidence about graduated licensing has led to legislation to remove the 2002 sunset date contained in the original bill.

Conclusion

Graduated licensing laws are one way states are addressing concerns about the safety of teen drivers. These laws require more on-the-road experience before drivers graduate to full licensure. More than half the states have enacted some form of a graduated licensing law and many others are considering them this session. Early statistics from states with graduated licensing show a decrease in injuries and fatalities for teen drivers.

State Chart

The Insurance Institute for Highway Safety has compiled a chart of U.S. Licensing Systems for Young Drivers that can be found by clicking above.

Links

American Automobile Association
Insurance Institute for Highway Safety
National Highway Traffic Safety Administration
National Transportation Safety Board
NCSL Highway Safety Legislative Tracking
University of North Carolina Highway Safety Research Center
Advocates for Highway and Auto Safety

Contacts

Jan Goehring, Program Principal, National Conference of State Legislatures
Melissa Savage, Policy Associate, National Conference of State Legislatures

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