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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 October 2001, 40 North American jurisdictions
(34 states, the District of Columbia, 4 Canadian provinces, and
1 Canadian territory) have three-stage graduated licensing 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 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., teenage passenger restrictions and full licensure
not before 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.
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. In
addition, teen drivers license suspension rates have 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%.
Future evaluations of Ohio’s GDL program are planned.
Other GDL studies
Florida instituted a graduated licensing program for its young
drivers in July 1996. A crash study comparing data for 1995–97
with similar data from Alabama, which did not have graduated licensing,
found that for 15-, 16- and 17-year-olds combined, there was a 9%
reduction in the fatal and injury crash involvement rate in Florida
in 1997, compared with 1995. Crashes declined significantly among
Florida’s 15 year-olds and to a lesser degree for 16 year-olds,
which was not found in Alabama.
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 GDL
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 GDL program.
Other teen driver findings
According to IIHS about 41% of 1998–2000 teenage motor vehicle
deaths 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 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 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 safety belts installed in a vehicle.
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Although 46 states and Washington DC have
graduated licensing laws, IIHS says that only nine states have
laws that are strict enough to reduce teen deaths.
(The Wall Street Journal, 1/11/02) |
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Ohio’s
Graduated Licensing Law Provisions |
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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 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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