But the same motor vehicle that goes from school to soccer to piano­in which Mom, Dad and the kids seem to live­may also be the vehicle in which our teenagers die. Motor vehicle crashes are the leading cause of death for young people 15 to 20 years of age, causing roughly one-third of all fatalities in this age group. In 1996, 6,319 young people age 15-20 died in motor vehicle crashes. Even though this age group makes up only seven percent of the driving population, they are involved in 14 percent of all traffic fatalities. In 1996, teens were involved in more than two million non-fatal traffic crashes. Based on population projections, these numbers will go up unless we intervene. (See chart below.)

On the basis of miles driven, teenagers are involved in three times as many fatal crashes as are all drivers. Why do young drivers have such poor driving performance? Three factors work together to make the teen years so deadly for young drivers:

• Inexperience
• Risk-taking behavior and immaturity
• Greater risk exposure

Inexperience: All young drivers start out with very little knowledge or understanding of the complexities of driving a motor vehicle. Like any other skill, learning to drive well takes a lot of time. Technical ability, good judgment and experience all are needed to properly make the many continuous decisions, small and large, that add up to safe driving. By making it so easy to get a driver license­by literally handing teenagers the car keys without requiring an extended period of supervised practice-driving time­we are setting them up for the risk of making a fatal mistake.

Risk-taking behavior and immaturity: Adolescent impulsiveness is a natural behavior, but it results in poor driving judgment and participation in high-risk behaviors such as speeding, inattention, drinking and driving, and not using a seat belt. Peer pressure also often encourages risk taking.

Greater risk exposure: Teens often drive at night with other teens in the vehicle, factors that increase crash risk.

Teen drivers are different from other drivers, and their crash experience is different. Compared to other drivers, a higher proportion of teenagers are responsible for their fatal crashes because of their own driving errors:

• A larger percentage of fatal crashes involving teenage drivers are single-vehicle crashes compared to those involving other drivers. In this type of fatal crash, the vehicle usually leaves the road and overturns or hits a roadside object such as a tree or a pole.
• In general, a smaller percentage of teens wear their seat belts compared to other drivers.
• A larger proportion of teen fatal crashes involve speeding, or going too fast for road conditions, compared to other drivers.
• More teen fatal crashes occur when passengers­usually other teenagers ­are in the car than do crashes involving other drivers. Two out of three teens who die as passengers are in vehicles driven by other teenagers.

Effective remedies exist for controlling these risk factors and reducing traffic crash fatalities among young drivers without seriously encroaching on their need to get around. Graduated driver licensing combines a number of measures proven to be effective in fostering safer driving behavior in young drivers. In Ontario, Canada, and in New Zealand­where graduated driver licensing is in effect­crash deaths and injuries for teenage drivers have been reduced. Maryland, which has a nighttime driving restriction, and California have shown reductions in both fatal crashes and traffic violations among young drivers.

With graduated driver licensing, new drivers typically go through a three-stage process that involves their gradual introduction to full driving privileges. By restricting when teenagers may drive, and with whom, graduated driver licensing allows new drivers to gain much-needed on-the-road experience in controlled, lower-risk settings. It also means that a teenager will be a little older and more mature when he or she gains a full, unrestricted license. After the young driver demonstrates responsible driving behavior, restrictions are systematically lifted until the driver “graduates” to full driving privileges.

This manual explains what graduated driver licensing is and why it is so important for every jurisdiction to take steps towards its implementation.

Driver licensing is a function of state government. Each state has different rules and regulations, but the essential steps are similar. An individual applies to the Department of Motor Vehicles or other licensing agency for a driver license. He or she usually must pass a written knowledge test and a vision test before scheduling a road test with the driver license examiner. New drivers must demonstrate basic driving skills in a road test.

In 35 states, a learner’s permit is required for novice drivers. Teens under 18 must have parental permission to apply for a learner’s permit. Learner’s permits automatically expire in all states except Virginia. The expiration ranges from 60 days to six years. Most states place only minimal limitations on driving with a learner’s permit. For instance, only 19 have any limits on nighttime driving.1

A comprehensive evaluation of state driver licen-sing codes by the Insurance Institute for Highway Safety concluded that current driver licensing practices “allow a quick and easy route through the learning phase” and place too little emphasis on supervised practice and training.1 Most highway safety experts agree that it is too easy to get a driver license in this country. Driving a motor vehicle is dangerous, yet the requirements and testing are minimal. It is entirely conceivable that an inexperienced young driver could pass a road test and receive a full, unrestricted driver license with almost no “real world” driving experience. A graduated driver licensing system addresses this problem by controlling the circumstances under which beginning teenage drivers may get behind the wheel.

The Graduated Driver Licensing Process

A graduated driver licensing system allows young drivers to acquire safe driving practices and attitudes as they progress through a three-stage process of licensure.

This system has several distinct advantages over the traditional driver licensing system. Graduated driver licensing gives young, novice drivers:

Practice in developing driving skills over an extended period of time, leading to greater experience, maturity and judgment;
Increased time in supervised behind-the-wheel training during daylight and nighttime hours;
Education in basic and advanced driving skills and safety knowledge; and
Motivation to practice safe driving skills and behavior by requiring a crash-free/conviction-free driving performance prior to full licensure.
The Three Stages of Graduated Licensing
Learner’s permit:
Supervision is required at all times, and other restrictions also apply. This period includes basic driver education and requires that no crashes or convictions occur before the learner advances. There are restrictions on carrying teenage passengers, there can be no violations for failing to wear a seat belt and there is zero alcohol tolerance.

Intermediate license (or provisional license or junior license):
Fewer restrictions are imposed; for example, unsupervised driving is permitted during daylight hours. This period may include advanced driver education and continues to require zero alcohol tolerance and no at-fault crashes or convictions before advancing the driver to the final stage.

Full license (or unrestricted license):
All driving restrictions are removed (except for applicable laws, such as zero alcohol tolerance for drivers under 21).

Core and Recommended Components

All graduated driver licensing systems contain certain core components in order to be effective. Other components are recommended and should be considered for any new or expanded program.

Stage 1 - Learner’s Permit
This stage allows the young novice driver the opportunity to practice basic driving skills and safe driving practices under totally supervised conditions.

Minimum eligibility requirements:

Meet the minimum age required by the state (currently varies from age 14 to age 17; no younger than age 16 is recommended);
Pass vision and knowledge tests, including rules of the road, signs and signals.
Core components:

All driving must be supervised by a licensed parent, guardian or adult at least 21 years old;
Permit holder must complete basic driver education including behind-the-wheel/vehicle skills training;
All vehicle occupants must wear seat belts;
Zero alcohol tolerance for those under age 21;
Permit is cancelled if applicant is convicted of any alcohol-related offense;
Applicant must remain free of at-fault crashes and convictions for at least six consecutive months in order to move to the next stage; and
Minimum holding period of six months;
Permit is visually distinctive from other driver licenses.
Recommended components:

Parental participation in the driving process (for instance, certifying that the novice driver has had a minimum number of supervised hours of driving);
Youth-oriented and more rapid driver improvement actions are taken in the event of violations or at-fault crashes;
Limitations on speed and types of roads where driving is allowed; and
Limitations on carrying teenage passengers.
Stage 2 - Intermediate License

This stage gives the young driver behind-the-wheel practice under less restrictive circumstances and exposes the driver to more demanding driving situations. It provides an opportunity forthe new driver to use newly acquired driving and decision-making skills by allowing unsupervised driving during daylight hours.

Minimum eligibility requirements:

Successfully complete the learner’s permit stage;
Meet the minimum age required by the state; and
Pass on-road driving test.
Core components:

Restricted nighttime hours of driving unless supervised by a licensed parent, guardian or adult at least 21 years old (for instance, only supervised driving from 10:00 p.m. to 5:00 a.m.);
All vehicle occupants must wear seat belts;
Zero alcohol tolerance for those under age 21;
Successfully complete driver education;
License revocation for any alcohol-related offense;
Youth-oriented and more rapid driver improvement actions are taken in the event of violations or at-fault crashes; and
Applicant must remain free of at-fault crashes and convictions for at least twelve consecutive months in order to move to the next stage.
License is visually distinctive from other driver licenses.
Recommended components:

Parental participation in the driving process (for instance, certifying that the novice driver has had a minimum number of supervised hours of driving);
Limitations on speed and types of roads where driving is allowed; and
Limitations on carrying teenage passengers.
Stage 3 - Full License

This stage allows unlimited driving privileges.

Minimum eligibility requirements:

Successfully complete the intermediate license stage;
Meet the minimum age required by the state; and
Zero alcohol tolerance for those under age 21.
Recommended components:

Downgrade to a provisional license for drivers whose licenses have been suspended or revoked, and require a crash-free/violation-free period of time prior to re-obtaining full license until age 21;
Pass second level knowledge test and on-road driving test; and
Successfully complete advanced driver education.
Refer to Appendix B for a chart of states that have one or more of the core components of a model graduated licensing law, as developed by the National Committee on Uniform Traffic Laws and Ordinances (Appendix A).

Young novice drivers are a highway safety problem for many reasons, primarily a combination of immaturity, inexperience and high-risk driving exposure. This is true for teenagers everywhere, but it is a particular problem in the United States, where more teenagers have cars or have access to a family car than in any other nation. Teenagers are also more likely to drive older and smaller cars, are less likely to wear seat belts, and are more likely to have multiple teenage passengers.

Traditional approaches­high school driver education, a learner’s permit and perhaps stepped up penalties for infractions­have not had as great an impact on reducing the incidence of teen crashes and convictions as anticipated. In fact, there is some evidence that early driver education classes may encourage younger licensure, thereby increasing risk exposure.

On the other hand, graduated driver licensing has been shown to be effective by:

• Expanding the learning process;
• Reducing risk exposure;
• Improving driving proficiency; and
• Enhancing motivation for safe driving.

Let’s look at each of these four benefits.

Expanding the learning process

Graduated driver licensing lengthens the learning process. The longer the period of time that elapses between issuance of the first permit to the full, unrestricted license, the more maturity and experience the novice driver will accumulate and the better his or her driving performance will be. The learning experience for driving cannot be rushed. As with any complex task, it takes time to assimilate the skills and information needed to perform the job adequately.

Reducing risk exposure

Graduated driver licensing allows young drivers to gain much-needed driving experience in controlled, lower risk circumstances, such as nighttime driving restrictions, passenger limitations, required restraint use for all occupants, and license sanctions that kick in at a lower threshold (e.g., first conviction for a serious violation).

These exposure-reducing components work in two ways. First, they catch young drivers early when they make mistakes or errors in judgment and allow correction. Second, they serve as a motivating factor for teens to study for tests, drive safely and avoid risks in the first place.

Improving driving proficiency

Placing limits on teen mobility may reduce driving exposure, but driving proficiency can be improved through measures that emphasize getting teens behind the wheel to practice. These components encourage the intermediate licensee to make safe driving decisions while driving to reduce risk. They include: multi-level instruction coupled with multi-level testing (giving inexperienced drivers the opportunity to first learn then practice the basics before moving on to learning and practicing more advanced skills); parental guidance; driver improvement courses; and delayed re-testing after failure.

Enhancing motivation for safe driving Graduated driver licensing not only helps the novice driver better cope with risks, but also enhances the motivation to drive safely and “play by the rules.” Restrictions are lifted as rewards for good driving, and sanctions are imposed for violations. For young drivers, the worst sanction may be the delay that keeps them in an earlier stage longer, while their peers advance to the next level. By making relief from restrictions contingent upon a good driving record, graduated driver licensing provides incentive to drive safely.

Graduated Driver Licensing: Results from the U.S. and Other Countries

Although licensing practices vary from state to state, a number of states have adopted components of a graduated driver licensing system, and those that have completed evaluations have seen positive results. Here are three states that have evaluated the effect of their program on teen crashes and traffic convictions.

Maryland In 1979, Maryland became the first state to adopt some of the features of a model graduated driver licensing program. Evaluation was built into the process so the state could determine whether or not the new techniques would reduce the incidence of crashes and convictions (as well as subsequent injuries and deaths) among teen drivers. Maryland emphasized parental participation, successful completion of driver education, restricted nighttime hours, and crash-free/conviction-free driving for six months before getting a full license (or wait until age 18). The minimum age for a learner’s permit was 15 years and nine months, while 16 and one month was the minimum for a provisional license. The findings of this project, published in 1983, showed a five percent reduction in crashes and a ten percent reduction in convictions for all 16- and 17-year-old drivers (however, only about half of that population was actually participating in the program, so the actual effectiveness of the program in terms of reduced crashes and convictions may have been higher). A later study reported continued success with the program, which was still producing a five percent reduction in daytime crashes and a ten-percent reduction in daytime violations. The state has since extended the learner’s permit period, lengthened the period of conviction-free driving from six months to one year, increased thenighttime driving restrictions and improved controls on novice drivers with poor driving performance.

California California launched a graduated driver licensing program in 1983 and evaluated its effect on 16- and 17-year-olds. Like Maryland, California emphasized parental involvement. Although teens could get a learner’s permit at age 15, they could not get a provisional license until age 16 or a full adult license until age 17. Both driver education and driver training were required, and parents had to certify that the student had the required hours of driving practice. After five years, a report issued by the California Department of Motor Vehicles found that the licensing system contributed to a 5.3 percent reduction in the rate of crashes involving drivers age 15-17. Since that time, California has adopted a stronger, more effective graduated licensing program that includes a requirement of 50 hours of supervised practice driving, including 10 hours of nighttime driving, during the intermediate license stage.

Oregon Oregon’s provisional licensing system took effect in 1989. It allowed students to get a learner’s permit at 15, a provisional license at 16 and a full license at 18. Oregon put great emphasis on alcohol, implementing both administrative suspension for any measurable amount of alcohol for anyone under 21, and requiring a minimum one-year suspension for anyone under the age of 18 convicted of any alcohol or drug offense or any other major traffic violation. Oregon’s program was particularly effective with young male drivers (ages 16 and 17), who had approximately 16 percent fewer crashes than non-provisionally licensed male drivers during the first year of driving. No significant difference was found for female drivers. The results were reported in 1991.

Additional Studies In addition to the three states profiled above, evaluation studies are currently under way in Florida, Kentucky, Michigan and North Carolina. The Insurance Institute for Highway Safety is evaluating Florida’s program and preliminary information from the Florida Department of Highway Safety and Motor Vehicles looks quite positive. Reports on these evaluation efforts will be made available as they are completed over the next several years.

Experiences in Other Countries New Zealand New Zealand implemented its graduated driver licensing program in 1987. It covered young novice drivers age 15-25 and put great emphasis on training and testing. A learner’s permit was required for six months before a driving test could be attempted, but if the student took a driving course, the waiting time was reduced to three months. The restricted license (step 2) limited nighttime driving and prohibited any passengers unless an adult was supervising. Teens had to hold the restricted license for 18 months before applying for the full license, although again the waiting time was cut in half if they successfully completed an advanced driver training course. A 1992 report showed an eight percent reduction in the proportion of crashes involving drivers who were 15-19 years old. Canada: Ontario Recently released results from a study of Ontario’s graduated licensing system provide the clearest and most dramatic evidence yet of the benefits of graduated driver licensing. Ontario’s graduated licensing system became effective April 1, 1994. It requires a minimum of 12 months for the Level One Class G license (the equivalent of a learner’s permit) or a minimum of eight months if the applicant successfully completes an approved driver education course. It requires a licensed driver with at least four years’ experience to be present in the car and limits nighttime and freeway driving. The Level Two Class G license (the equivalent of a provisional license) is held for a minimum of 12 months and, like the Level One, has a zero alcohol tolerance policy, a seat belt requirement for all passengers and early improvement interventions for violations. Preliminary study results published in May 1998 show that the Ontario system has been tremendously successful in reducing crashes and fatalities among new drivers. The crash rate for drivers age 16-19 declined 27 percent in 1995 compared to 1993, the year before the law was implemented. Before Ontario’s graduated licensing system was in place, 16-year-olds had both a crash rate and crash fatality rate about three times that of the general public. Since graduated licensing took effect, the fatal crash rate of 16-year-olds is comparable to that of the general public. And, since 1995, the overall crash rate for 16-year-olds is lower than that of the general population. The decrease in the fatal crash rate for 16-year-old drivers is especially dramatic: there were 1.8 such deaths per 10,000 licensed drivers in 1995 compared to 6.6 in 1993, the year before the law.

Support for Graduated Driver Licensing

Public Opinion Two recent public opinion surveys point to widespread support for graduated driver licensing. A 1996 public opinion poll conducted by the American Automobile Association found that nearly three out of four respondents favor limiting the use of cars by 15-to-20-year-olds until they gain sufficient driving experience.

In 1995, the Public Attitude Monitor, an annual poll conducted by the Insurance Research Council, asked respondents to rate various suggestions for reducing auto crashes among young drivers. A graduated driver licensing program was considered a “good” or “excellent” idea by nearly 45 percent of all respondents, while 75 percent of the parents of teenagers liked the idea. Nighttime driving restrictions and zero alcohol tolerance ranked about the same. Interestingly, nearly half of all respondents thought raising the driving age to 18 was a “good” or “excellent” idea (the rate was 60 percent for parents of teenagers).

Teen Drivers It may be surprising to learn that teenagers accept and support graduated driver licensing at fairly high levels. Teenagers in New Zealand were interviewed at age 15 (before they received their license) and again at age 18. At both ages, more than 70 percent of them supported the driving restrictions in place. Sixty-seven percent of Nova Scotia teens with restricted licenses said they approved of the graduated driver licensing system. In general, older teens looking back on their inexperienced years are even more supportive than those currently under restrictions.

Parents

Parents often look forward to the time when their teenager is licensed so they are released from the burden of chauffeuring their children to school, jobs, sports and other activities. But parents also recognize that teen drivers are at risk, no matter how “good” their children otherwise might be. Support for graduated driver licensing and its components is generally high among parents of teenagers.

In 1994, the Insurance Institute for Highway Safety surveyed parents of 17-year-olds and found that:

• 58 percent favored a comprehensive
• graduated driver licensing package;
• 90 percent favored a minimum period of supervised driving before full licensure;
• 74 percent favored night driving curfews;
• 43 percent favored restricting teenage passengers during the first few months of driving; and
• 97 percent favored zero alcohol tolerance for teenagers.

As noted above under Public Opinion, parents of teenagers gave higher than average ratings to all suggestions for lowering teen auto crashes, including graduated driver licensing.

Support also is strong among law enforcement agencies, the medical community and within state, county and local governments. (See “Who Supports Graduated Driver Licensing?” below).

States Should Adopt Graduated Driver Licensing

Support is Strong

As indicated in Section V, support is strong across all segments of society for graduated driver licensing. Any state that considers a graduated driver licensing system will have active and widespread support from many state, county and municipal officials, including law enforcement officers and motor vehicle administrators.

Resources are Available

The resource section of this book (Appendix D) lists a number of state and private sector resources for jurisdictions considering adoption or expansion of a graduated driver licensing system. In particular, the National Committee on Uniform Traffic Laws and Ordinances offers both model legislation (included in this manual) and suggested code language in the Uniform Vehicle Code.

The American Association of Motor Vehicle Administrators (AAMVA) represents the departments of motor vehicles in the states, as well as Canadian provinces. AAMVA has an array of resources available to states, including model programs and publications, developed for general driver licenses, commercial driver licenses and motorcycle operator permits, including: knowledge test; skills test; model driver manual; and model driver examiner’s manual.

The National Highway Traffic Safety Administration (NHTSA) has numerous resources available to assist in the implementation of a graduated driver licensing system. It has ten regional offices around the country, in addition to the Washington headquarters.

Every Governor has appointed a Governor’s Highway Safety Representative to oversee highway safety programs in the state. Check the resource section of this manual for information on how to contact them.

The most important message is that resources and help are at hand. If your jurisdiction is serious about tackling the problem of teen drivers through adoption of a graduated driver licensing system, there is a great deal of assistance available to help you develop and go forward with the best possible program.

Safety Benefits are Both Immediate and Long Term

Teenagers are over-represented in traffic crashes. As adults, it is our responsibility to find a better way of introducing young drivers to the experience of driving. Studies show that graduated driver licensing is a better way.

By reducing the risk exposure of teenage drivers and allowing them time to mature before we give them the keys and unlimited use of the car, we will increase the likelihood that they will safely make it through their early driving years. And by creating safer teen drivers today, we also are helping them become safer, more responsible young adult drivers tomorrow.

Graduated Driver Licensing Model Law

Section 1­Purpose 1

The legislature has recognized the need to develop a graduated licensing system in light of the disproportionately high incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby reducing the number of vehicle crashes.

Section 2­Minimum Age Requirements The department3 may not issue a license or permit to any person under the age of 18 years, except that it may issue a driver’s license to any person who is 164 or 17 years old who presents evidence of having satisfactorily completed the requirements of sections three and four.

Section 3­Learner’s Permit, Intermediate License and Driver’s License Application The Department shall not grant the application for a learner’s permit, intermediate license or driver’s license to anyone 16 or 17 years old unless such application is both signed by the applicant and the applicant’s parent or guardian, and the applicant has satisfactorily completed the requirements provided in Section 4 of this law.

Section 4­Limitations on the issuance of licenses and permits Learner’s permits and licenses shall be issued pursuant to the following conditions and requirements: (a) Learner’s Permit. A learner’s permit authorizes the permit holder to drive a specified type or class of motor vehicle under the conditions set forth in this section while in possession of the permit and accompanied by a parent, guardian, or other person 21 years or older, who is a licensed driver in accordance with the requirements set forth in this law.

(i) An applicant for a learner’s permit shall have:

1. Passed a vision test;

2. Passed a written test administered by the Department;

3. Paid a fee for a learner’s permit of (X) dollars.

(ii) A learner’s permit requires supervised driving at all times. The supervisor shall be a parent, guardian or other adult age 21 years of age or older, posses-sing a valid driver’s license under the laws of this state. The supervisor shall be the only other occupant of the front passenger section of the vehicle.

(iii) The learner’s permit licensee shall not place the vehicle in motion until every occupant of the vehicle has a seat belt properly fastened about his or her body.

(iv) Every holder of a learner’s permit shall maintain a conviction-free driving6 record and shall not have violated state drug, zero blood alcohol tolerance7, seat belt or other driver-related safety laws8 of the state.

(v) The learner’s permit shall be valid for a period of at least one year from the date of its issuance.

(vi) In the event a person who holds a learner’s permit drives a motor vehicle in violation of law, the permit shall be suspended9, or revoked.10

(b) Intermediate License.

An intermediate license authorizes the holder to drive a specified type or class of motor vehicle under the conditions specified below (next page):

(i) An applicant for an intermediate license shall have:

1. Possessed a valid learner’s permit for a period of not less than 6 months without any conviction of drug, zero blood alcohol tolerance11, seat belt, or other driver-related safety laws;12

2. Passed a road test administered by the department;

3. Passed a course of drivers education13 in accordance with standards established by the State Board of Education and the department14; and

4. Paid a fee for an intermediate license of (X) dollars.

(ii) An intermediate license allows unsupervised driving from [5 a.m.] to [10 p.m.]15 At all other times the intermediate licensee must be supervised. While being supervised, the intermediate licensee must be accompanied by a parent, guardian, or other person 21 years or older. The supervisor shall possess a valid driver’s license under the laws of this state. The supervisor shall be the only other occupant of the front passenger section of the vehicle.

(iii) The intermediate licensee shall not place the vehicle in motion until every occupant of the vehicle has a seat belt properly fastened about his or her body.

(iv) To be eligible to apply for a driver’s license, an intermediate licensee shall maintain a conviction-free driving16 record and shall not have violated any state drug, zero blood alcohol tolerance17, seat belt or safety law of any state for at least the period of six months immediately preceding the date of the application for the license.

(v) The intermediate license shall be valid for a period of at least one year from the date of its issuance.

(vi) In the event that an intermediate licensee drives a motor vehicle in violation of law, the intermediate license shall be suspended18 or revoked19,20

(c) Driver’s License.21

The department may issue a driver’s license to any person who has completed the requirements set forth in this law, or to anyone who has reached 18 years of age and has operated a motor vehicle without traffic violations, drug violations, zero tolerance alcohol violations or seat belt violations for a period of 6 months immediately preceding the date of the application for the license.

Section 5­Distinctive Form of License or Permit (a) The learner’s permit shall be identified as a “learner’s permit” and issued in a distinctive form as determined by the department.

(b) The intermediate license shall be identified as an “intermediate license” and issued in a distinctive form as determined by the department.

(c) Every license issued to a person under the age of 21 shall be in a distinctive form determined by the department so as to be readily identifiable as a license issued to someone less than 21 years of age.

Section 6­Conduct An individual holding a learner’s permit or license issued under this law may not drive, attempt to drive, or be in the actual control of a vehicle, in violation of any provision of law.

Section 7­Penalty Any person knowingly violating any provision of this law shall be guilty of a Class [A] misdemeanor. Notes from the NCUTLO Drafting Committee (1) The Drafting Committee notes that a state may adapt this model graduated driver licensing system to apply to all novice drivers without regard to age. The Drafting Committee also encourages states to cross reference appropriate license suspension and revocation requirements to assure that violation of the provisions of this model may result in the immediate suspension or revocation of the driver’s permit or license in accordance with due process and the licensing system of the state.

(2) This model also requires the driver to comply with the zero blood alcohol tolerance statute if under the age of 21 and state drug and seat belt laws regardless of age.

(3) Department refers to the department of motor vehicles. If administration of driver licensing is not vested in that department, the term department should be changed to the correct department or bureau of government.

(4) This model law assumes that a learner’s permit may not be issued before the age of 16 - which the Drafting Committee recommends. If a state issues learner’s permits to applicants less than 16 years of age, it should adjust the timetable incorporated into this model. In that event the drafting Committee recommends extension of the duration of the learner’s permit and the time period the applicant must hold the learner’s permit before application may be made for an intermediate license.

(5) The drafter should cross reference the section of the state’s law governing application requirements.

(6) States have the option of defining “conviction-free driving” as the absence of serious moving violations; if a state exercises this option, it should also enumerate the violations which are not sufficiently serious to trigger immediate license suspension, but rather may be waived, possibly through a departmental administrative process providing additional education or counseling.

(7) The Uniform Vehicle Code defines zero blood alcohol tolerance as “the alcohol concentration in a person’s blood or breath which is 0.02 or more based on the definition of blood and breath units.” See Uniform Vehicle Code, Sec. 6-208.

(8) The state should enumerate the laws covered by the term “other driver-related safety laws” of the state.

(9) The temporary withdrawal by formal action of the department of a person’s license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department. See Uniform Vehicle Code, Sec. 1-185.

(10) The termination by formal action of the department of a person’s license or privilege to operate a motor vehicle on the public highways, which terminated license or privilege shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this code. See Uniform Vehicle Code, Sec. 1-167. Also see Uniform Vehicle Code, Chapter 6, Article II-Cancellation, Suspension, or Revocation of licenses.

(11) The Uniform Vehicle Code defines zero blood alcohol tolerance as “the alcohol concentration in a person’s blood or breath which is 0.02 or more based on the definition of blood and breath units.” See Uniform Vehicle Code, Sec. 6-208.

(12) The state should enumerate the laws covered by the term “other driver-related safety laws” of the state.

(13) States without a driver education requirement should omit subsection 4(b)(i) 3 requiring applicants under the age of 18 to have completed a driver education program. Such states should consider requiring the applicant’s parent or guardian to certify that the applicant has participated in a specified minimum number of hours of supervised driving

(14) All approved driver training and safety education courses and courses of driver instruction shall include at least six hours of actual driving experience. The Drafting Committee recommends serious consideration be given to a driving requirement substantially greater than six hours.

(15) If greater supervision of younger drivers with intermediate licenses is preferred, one option states might consider is to expand the period of supervised driving required for 16-year-olds.

(16) States have the option of defining “conviction-free driving” as the absence of serious moving violations; if a state exercises this option, it should also enumerate which violations are not sufficiently serious to trigger immediate license suspension, but rather may be waived, possibly through a departmental administrative process providing additional education or counseling.

(17) The Uniform Vehicle Code defines zero blood alcohol tolerance as “the alcohol concentration in a person’s blood or breath which is 0.02 or more based on the definition of blood and breath units.” See Uniform Code, Sec. 6-208.

(18) The temporary withdrawal by formal action of the department of a person’s license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department. See Uniform Vehicle Code, Sec. 1-185.

(19) The termination by formal action of the department of a person’s license or privilege to operate a motor vehicle on the public highways, which terminated license or privilege shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this code. See Uniform Vehicle Code, Sec. 1-167. Also see Uniform Vehicle Code, Chapter 6, Article II-Cancellation, Suspension, or Revocation of licenses.

(20) As noted earlier, the state may stipulate moving violations which do not automatically trigger immediate suspension or revocation, but rather may be waived, possibly as a result of participation in departmental counseling or educational programs.

(21) Drafter should cross reference the appropriate traffic code sections setting forth the requirements for obtaining driver’s license. These provisions should set forth the appropriate driver training, testing and administrative requirements for acquiring a driver’s license.

(22) Drafter should cross reference the appropriate provisions regarding the driver training and testing requirements of the 18-year-old or nonresident licensed driver receiving a driver’s license.

As Compared With Graduated Driver Licensing Model Law Developed by the National Committee on Uniform Traffic Laws and Ordinances Many states now are considering changes in their licensing laws for young drivers. Some have introduced graduated systems in which driving privileges are phased in, allowing initial experience to be gained in situations of lower risk. The popularity of graduated licensing has brought with it some confusion about what are the components of a graduated system and which states have graduated licensing and which do not.

In an effort to clarify this situation, the National Transportation Safety Board, National Highway Traffic Safety Administration, and Insurance Institute for Highway Safety have agreed to classify the licensing systems of the 50 states and District of Columbia according to the specifications of a widely accepted model graduated licensing law developed by the National Committee on Uniform Traffic Laws and Ordinances (NCUTLO). NCUTLO’s model law specifies core provisions for graduated licensing, although it does not include a variety of other important features that can enhance a graduated system. The following chart lists the states that include one or more of the NCUTLO core provisions. Licensing laws highlighted with a star (*) include all of the core provisions and thus are graduated licensing laws under the NCUTLO model.

The core provisions of the NCUTLO model are a learner’s phase of at least six months followed by an intermediate phase of at least six months and a prohibition of unsupervised driving at night for young drivers during the intermediate phase. The NCUTLO model requires applicants for intermediate and full licenses to have no safety belt or zero tolerance violations and to otherwise be conviction free during the mandatory holding periods. The model recognizes that states may define “conviction free” to include only serious violations and may suspend offenders or provide lesser penalties. In most states with graduated licensing, violations by young drivers result in license suspension or extension of the holding periods.

The NCUTLO model recommends a minimum age of 16 for a learner’s permit and prohibits unsupervised driving from 10 p.m. to 5 a.m. However, failure to include these provisions does not disqualify a state from satisfying NCUTLO’s core provisions. The model does not include two-stage driver education to coincide with the phases of graduated licensing, as recommended by the National Highway Traffic Safety Administration. Neither does it impose passenger restrictions during the intermediate phase nor does it require parents or others to certify completion of minimum number of hours of supervised driving in the learner’s phase. However, the NCUTLO model recommends certification of supervised driving in states that do not mandate any driver education.

All of these elements of graduated licensing are included in the table on the following page in the “other features” column. Please direct any questions or comments to: Michele Fields or Shelley Martin at the Insurance Institute for Highway Safety, 1005 North Glebe Road, Arlington, VA 22201-4751; 703-247-1500, 703-247-1586 FAX.

States with One or More NCUTLO Core Provisions (Learner’s phase of six months, Intermediate phase of six months, and prohibition of unsupervised driving at night).

• Motor vehicle crashes are the leading cause of death for American teenagers.
• In 1997, 5,477 young people (passengers and drivers age 15-20) died in motor vehicle crashes. Twenty-one percent of the young drivers involved in fatal crashes had been drinking.
• Young people age 15-20 make up 6.7 percent of the total driving population in this country but are involved in 14 percent of all fatal crashes.
• In 1997, over 60 percent of youth (16-20) who died in passenger vehicle crashes were not wearing seat belts.
• In 1997, almost one quarter (22 percent) of those who died in speed-related crashes were youth (15-20).
• In the last decade, over 68,000 teens have died in car crashes.
• Sixty-five percent of teen passenger deaths occur when another teenager is driving.
• Nearly half of the fatal crashes involving 16-year-old drivers were single vehicle crashes.
• Forty-one percent of fatal crashes involving teenagers occur at nighttime (between 9:00 p.m. and 6:00 a.m.).
• One quarter of fatally injured teen drivers (16-20 years old) in 1995 had a BAC (blood alcohol concentration) at or above .10 percent, even though all were under the minimum legal drinking age and are not legally permitted to purchase alcohol.
• Two out of three teenagers killed in motor vehicle crashes are males.

1. In Delaware, a driver education student does not need a permit to drive with a driver education instructor. After completing the on-road requirements of driver education, a driver education student who is at least 15 years, 10 months old may apply for a Driver Education Learner’s Permit, which allows the student to drive while supervised by an experienced driver. Upon completion of driver education and if the student both the road and written tests, the student receives a Level 1 permit that for the first six months allows driving only while supervised. There also is a passenger restriction in the first six months of the Level 1 permit. No more than two passengers are permitted in addition to the supervising driver. The Level 1 permit for the second six months is the equivalent of an intermediate license. During that period, holders may drive unsupervised between 6 a.m. and 9 p.m. and may only carry two passengers. Applicants for a driver’s license who are younger than age 18 must have held a Driver Education Learner’s Permit and/or a Level 1 permit for at least 12 months.
2. In Iowa, there also is a certification for drivers in the intermediate phase. They must certify that they have had 10 hours of supervised driving, 2 of which must be at night.
3. The Maryland graduated license requirements apply to new drivers older than age 18 as well as young drivers. The nighttime driving restriction, however, only applies to intermediate license holders younger than age 18.
4. In New Hampshire, the nighttime driving prohibition also applies to the learner’s phase.
5. New Jersey’s graduated licensing law applies to adults, except that the night driving and passenger restrictions are waived for new drivers ages 21 and older.
6. In North Carolina, learner’s permit holders may not drive between 9 p.m. and 5 a.m. for the first six months.
7. In South Carolina, the nighttime restriction applies in the learner’s phase