The Willow Glen Resident

Teen drivers see red over new driver's license law

Graduated license demands strict adult supervision

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 driving-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 or guardian in the car. During the second six months, new drivers may transport young passengers in the day but must still ride with a licensed parent or guardian late at night.

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. There's really no way to enforce it."

Law enforcement officials share Thompson's concern.

Santa Clara County Sheriff's Deputy Ron Breuss has the job of writing enforcement guidelines for the new law for the sheriff's Westside Substation.

"It's not necessarily a clear-cut law, or an easy one to enforce," Breuss said. He explained that officers may not pull over young-looking drivers, but must wait until they have committed some violation first. Once officers make a stop, if they think the driver is violating the new law, they may issue a ticket.

But determining whether a minor is violating the law can involve trying to determine the authenticity of a note.

"What it's doing is putting the onus on people who sign these papers," Breuss said. "If you read the law, it's vague enough that you can interpret it [various ways]."

Breuss said he has spoken with officials in Sacramento, members of the California Highway Patrol and local judges and has found no consensus about how to enforce the law. He also said there is no mechanism in place to ensure that parents spend the entire 50 hours behind the wheel with their children.

"I see this being enforced when there's a problem," Breuss said. He said he expects officers will leave teen drivers alone until it is clear they are "up to no good," then will be able to have the new law as additional leverage.

But neither teens nor the police question the need to decrease the number of accidents involving teens. 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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