Graduated Licensing Law
Graduated licensing is a system designed to delay full licensure,
allowing beginners to obtain their initial experience under lower
risk conditions. It allows young drivers to improve their skills
and driving habits, and restricts nighttime driving, when most teen
driver accidents occur. As of March 2004, 37 jurisdictions (36 states
and the District of Columbia) have three-stage graduated licensing
law programs.
Am. Sub. SB 35, Ohio’s graduated licensing law bill, was
signed into law on December 1, 1997. The state’s full graduated
licensing law went into effect January 1, 1999.
What is graduated licensing?
The National Highway Traffic Safety Administration (NHTSA) defines
the three graduated licensing stages as:
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Stage 1: Learner’s permit. This stage
requires teen drivers to pass vision and knowledge tests; drive
with a licensed adult age 21 or older and requires that all
occupants wear seat belts. Other requirements include a blood
alcohol concentration (BAC) level set at zero or near-zero tolerance,
that the young driver remain traffic-offense and alcohol-offense
free in order to move to the next stage and that the permit’s
appearance is distinctive from other drivers licenses. In an
optimal system, the minimum age for a learner’s permit
is 16 and requires holding a permit for at least six months.
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Stage 2: Intermediate or probationary license.
Drivers complete Stage 1 and pass a road test. It requires that
all occupants wear seat belts, that state laws address a BAC
level at zero or near-zero tolerance, that a licensed adult
be required to accompany the teen driver during late night hours,
and that the driver remain traffic-offense and alcohol-offense
free for 12 months in order to obtain a full license. Optimal
Stage 2 provisions include nighttime driving restrictions starting
at 9 or 10 p.m., teenage passenger restrictions and full licensure
not before age 18.
- Stage 3: Full-privilege license. Available
at age 18, upon completion of the probationary licensing stage.
Graduated licensing systems are not a panacea, but they can reduce
the motor vehicle injuries among young drivers. In states that have
elements of graduated licensing, the benefits are evident.
Initial results from Ohio’s graduated licensing law
A report released by the Ohio Department of Public Safety (ODPS)
in January 2001 found that teens are safer behind the wheel due
to Ohio’s Graduated Driver License (GDL) law. Since the law’s
enactment, it’s estimated that 30 lives have been saved. Teen
drivers license suspension rates increased 261%.
Other findings include:
- In comparing crash data of those licensed under GDL with those
who weren’t, overall crash rates decreased by 23%. Young
driver “at-fault” crashes decreased by 1%.
- Males saw a much larger decrease in crashes than females.
- Crashes involving young drivers and alcohol use have decreased.
- Overall traffic conviction rate of young drivers decreased by
15%.
Access the complete study online at: www.publicsafety.ohio.gov/news/gdlreport.pdf.
Other GDL studies
In states that have adopted elements of graduated licensing, studies
have found GDLs beneficial. In Florida, which instituted a graduated
system for drivers younger than 18 in July 1996, there was a 9%
reduction in fatal and injury crash involvement for 15–17
year-olds in 1997, the first full year of graduated licensing, compared
to crash figures from 1995.
Among 16 year-old drivers, Michigan saw a 25% reduction in crashes,
while North Carolina experienced a 23% reduction. In Nova Scotia,
crash reductions for 16 year-olds ranged from 23–37%.
Other teen driver findings
A 2002 study by the Automobile Club of Southern California shows
that teen alcohol-related crashes were reduced as a result of the
state’s 1998 GDL law. The alcohol-related crash rate of 16-year-olds
dropped 16% in the first year after California’s GDL took
effect and 13% in the second year.
The Insurance Institute for Highway Safety (IIHS) reports that
5,933 teenagers ages 13–19 died in motor vehicle crashes in
2002. This is 32% fewer than in 1975, but 6% higher than in 2001.
According to IIHS, 41% of teenage motor vehicle deaths in 2002
occurred between 9 p.m. and 6 a.m. Studies of night driving curfews
indicate that crash reductions of 60% or more can be achieved during
restricted driving hours. Ohio’s law includes nighttime driving
restrictions.
Low BAC thresholds for young drivers also reduce the problem. An
underage driver in Ohio who has a BAC level of .02% or more faces
penalties under a charge called Operating a Motor Vehicle After
Underage Alcohol Consumption.
Another study published in the March 22, 2000 edition of the Journal
of the American Medical Association confirms what many have long
suspected regarding teen passengers. The study found that 16-year-old
drivers carrying one passenger were 39% more likely to die than
those driving alone. That increased to 86% with two passengers and
a whopping 182% with three or more. Driver distraction is the main
reason for the rise in risk. The rate for 17-year-olds was even
higher: 4%, 158% and 207% respectively.
Ohio’s graduated licensing law limits the number of passengers
to the number of installed safety belts.
NOTE: Access additional graduated licensing information online
at: www.drivertraining.ohio.gov.
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OH and KY had a total
of 439 fatal wrecks with teens behind the wheel in 2002. Wrecks
caused by teen drivers nationally cost $42.3 billion annually.
(Cincinnati Enquirer, 3/20/04) |
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Ohio’s
Graduated Licensing Law Provisions |
| Age and
other restrictions for temporary permit holders:
- A temporary permit can be obtained at age
15 1/2. The permit is valid for one year, and must be held
for at least six months prior to becoming eligible for a
probationary (also called an intermediate) license.
- Temporary permit holders must carry their temporary permit
and an identification card with them while operating a vehicle.
- Temporary permit holders under age 16 must be accompanied
by an “eligible adult,” which is defined as
a parent, guardian, legal custodian, licensed driving instructor
or a licensed driver age 21 or older acting in loco parentis.
The eligible adult must have a valid drivers license and
occupy the front passenger seat.
- Temporary permit holders age 16 or older must be accompanied
by a licensed driver age 21 or older while driving. The
adult must occupy the front passenger seat.
- All vehicle occupants under the age of 16 must wear safety
belts when being driven by a temporary permit holder.
- The number of vehicle occupants is limited to the total
number of originally installed safety belts.
Drivers training certification:
- Holders of temporary permits are required to verify completion
of 50 hours of driving with a parent or guardian, including
10 hours of nighttime driving. This is in addition to the
driver education requirement that both public and private
driver education courses consist of a minimum of 24 hours
of classroom instruction and 8 hours behind the wheel. The
student’s parent or guardian must sign an agreement
with provider of the driver training program prior to the
start of such a program. Training must be completed by all
temporary permit holders under age 18 prior to obtaining
their probationary license. A probationary drivers license
is defined as a license issued to anyone under age 18.
Probationary drivers license eligibility:
- In order to be eligible for a probationary license, a
temporary permit holder must complete the driver training
certification requirements noted above and have held a temporary
permit for at least six months. This means that a person
must be at least 16 before being eligible for the next licensure
step, a probationary or intermediate drivers license.
- The temporary permit holder must also pass the Ohio Bureau
of Motor Vehicles’ driving and maneuverability test
prior to issuance of a probationary license.
- A probationary license is held until the age of 18 when
full driving privileges without restrictions become available
to those completing the probationary licensing stage.
Curfew restrictions:
- Temporary permit holders under age 17 are prohibited from
operating a motor vehicle between 1 and 5 am unless accompanied
by an “eligible adult,” as
defined under the third bullet in section one. This is a secondary enforcement
violation meaning that if a person is stopped on another
alleged traffic violation, this can also be enforced.
- Probationary drivers license holders under age 17 are
prohibited from operating a motor vehicle between 1 and
5 am unless accompanied by a parent or guardian, with the
following exceptions: If the probationary drivers license
holder is driving to or from work, to or from a school activity
or in an emergency situation. This is also subject to secondary
enforcement.
Penalties for traffic violations and other offenses:
- During either the temporary or probationary licensing
stages, there is a 90-day license suspension for accruing
two moving violations before age 18, and a one-year suspension
for three moving violations.
- Temporary permit and probationary license holders who
are convicted of certain traffic related violations before
age 18 can also lose their license for six months.
- A temporary permit can be canceled or revoked for six
months if the permit holder is convicted of any alcohol-related
offense, including alcohol consumption or purchase. If the
offender is not yet 15 1/2, the offender will not be eligible
for a temporary permit until the age of 16.
Full licensure eligibility:
- Successful completion of the probationary licensing requirements.
- Licensee meets the minimum age requirement, which is
18.
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