Los Gatos Weekly-Times

Teen drivers see red over a new driver's license law

By John Pancharian

Young Californians will soon have to wait just a little longer for that American passport to freedom--the driver's license.

In an effort to curb the state's high teen-driver crash rate, the Teen Driver Safety Act, which takes effect July 1, will place new learning requirements and driving restrictions on first-time motorists. But some teens--and law enforcement officials--question the enforceability of the new law, which has caused a run on driver's-instruction permits by teens hoping to squeeze in before the law takes effect.

The changes begin with the instruction permit, which one must now hold for a minimum of six months--previously it was 30 days--before becoming eligible to take the driver's test. In that time, teen drivers must log 50 hours behind the wheel with a parent or guardian, including 10 hours at night.

When teens do pass the driver's test, they will no longer receive a simple license, which allows them to drive under any conditions. Instead, they will enter a program of "graduated licensing." For the first six months with the new provisional license, new drivers may not drive between midnight and 5 a.m. or transport passengers younger than 20 years old without a parent, guardian, licensed adult over 25 or driving instructor in the car. During the second six months, new drivers may transport young passengers during the day but the rule about not driving alone between midnight and 5 a.m. still applies.

The law makes exceptions for minors if they are driving to and from work or school activities, transporting immediate family or can show medical necessity. In all cases, however, the minor would have to show police a signed note from their boss, parents or school official to avoid a ticket.

So what do teens think of the new law?

"It sucks," Ryan Thurman, 17, said while waiting in line at the Los Gatos Department of Motor Vehicles.

Peter Thompson, 18, agreed. "I think it's a waste of time for the police force."

Los Gatos-Monte Sereno Police traffic sergeant Larry Pankey concurs. "It would be tough to take a zero-tolerance stance," Pankey said. He explains that officers may not pull over young-looking drivers, but must wait until they have committed some violation. Once officers make a stop, if they think the driver is violating the new law, they may ticket him.

Determining whether a minor is violating the law can involve trying to determine the authenticity of a note, however.

"We would frequently have to do further investigation," Pankey said, and added, "It would be difficult, we'd have to call the boss or parent."

Deputy Ron Breuss, who is writing enforcement guidelines for the Santa Clara County Sheriffs Westside Substation, said he has spoken with state and local officials and has found no consensus about how to enforce the law. He also said there is no mechanism in place to ensure parents spend the entire 50 hours behind the wheel with their children.

Pankey said he expects officers will have to use discretion "on a case-by-case basis." He added that the police department does not currently have enforcement guidelines in place, though it should receive information about how to deal with the new law from the state.

The one thing that is clear is the need to cut down on teen accident rates. A study by Alan Williams of the Virginia-based Insurance Institute for Highway Safety states, "Motor vehicle-related injuries are the largest health problem for 16 to 19-year-olds, accounting, in the United States, for more than one-third of all deaths in this age group." Williams also finds that 16-year-olds crash more than four times as often, per mile, as older drivers.

"The statistics are probably true," says Natalie Bardsley, 16, who opposes the law because she believes it is unenforceable. "But we ought to just wait. If they think we aren't mature enough to handle a car with more than one person, then maybe we're not mature enough to handle a car at all."

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