Ohio’s full graduated licensing law went into effect January 1, 1999.
Graduated licensing allows young drivers to improve their skills and driving
habits, and restricts nighttime driving, when most teen driver accidents
occur.
As of November, 2000, 32 states and the District of Columbia have three-stage graduated licensing systems in effect or soon to be in effect, which provide licensing progression in stages. These states are California, Colorado, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin and Ohio. Other states have passed graduated licensing laws that include some elements of the three-stage system.
What is graduated licensing?
The three graduated licensing stages, as defined by the National Highway Traffic Safety Administration (NHTSA), are:
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Stage 1: Learner’s permit. Components of this stage include requiring teen drivers to pass vision and knowledge tests; driving with a licensed adult age 21 or older and requiring 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 up 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., a teenage passenger restriction and that full licensure not be available until at least age 18.
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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 injury problem for young people. In states that have elements of graduated licensing, the benefits are becoming evident.
Graduated licensing studies
On July 1, 1996, Florida instituted a graduated licensing program for drivers younger than age 18. Florida crash data for 1995–97 was obtained and compared with similar data from Alabama, which borders Florida but does not have graduated licensing. For 15-, 16- and 17-year-olds combined, there was a 9% reduction in the fatal and injury crash involvement rate in Florida during 1997, the first full year of graduated licensing, compared with 1995. On a percentage basis, crashes declined most among 15 year-olds, followed by 16 year-olds and then 17 year-olds. Reductions were not seen among Alabama teenagers nor among 18-year-olds in Florida.
An evaluation of one of the oldest graduated licensing programs in North America was released in December, 1999 by the Insurance Institute for Highway Safety (IIHS). Crashes involving 16-year-old beginning drivers in Nova Scotia, who have been subject to a graduated licensing program since 1994, were down 24% and injuries were down 34% in the first year. Crash rates for all novice drivers, regardless of age, also declined 19%. A three-year analysis of crash statistics from Nova Scotia showed a 37% reduction in the number of crashes involving drivers age 16, compared to what would have been expected without a graduated licensing program in place.
Other teen driver findings
According to IIHS about 41% of 1998 and 1999 teenage motor vehicle deaths occurred between 9 pm and 6 am. 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. In Ohio, an underage driver who has a BAC level of .02% or more faces penalties under a charge called Operating a Motor Vehicle After Underage Alcohol Consumption or OMVUAC.
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 get killed 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 behind 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 safety belts installed in a vehicle.
Ohio’s graduated licensing law
Am. Sub. SB 35, Ohio’s graduated licensing law bill, was signed into law on December 1, 1997.
At close of publishing no studies or findings were available regarding how the first full year of Ohio’s graduated licensing law implementation affected Ohio’s teen crash rates. The chart below outlines Ohio’s law.
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. This 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.
(Insurance Institute for Highway Safety)