PA 08-32—sHB 5748

Transportation Committee

Judiciary Committee

AN ACT CONCERNING TEENAGE DRIVERS

SUMMARY: This act establishes several new requirements for 16- and 17-year-olds, and in some cases their parents or legal guardians, both before and after they get their drivers' licenses. It:

1. further restricts the passengers they may carry while being instructed under a learner's permit;

2. extends passenger restrictions that previously applied for the first six months after licensure to an entire year, but authorizes the motor vehicle commissioner to provide exceptions by regulation for single parents under age 18 transporting their children for certain purposes such as child care or medical appointments;

3. begins the nighttime hours when 16- or 17-year-olds cannot drive except for employment, religious, school-related, or certain other purposes at 11 p. m. instead of midnight (PA 08-150 subsequently made this earlier curfew apply to 16- and 17-year olds who get their licenses on or after August 1, 2008);

4. for anyone issued a learner's permit on or after August 1, 2008, increases from 20 to 40 hours the amount of behind-the-wheel, on-the-road training a 16- or 17-year-old must get before qualifying for licensure;

5. requires license suspensions for any violations of post-licensure driving restrictions for 16- and 17-year-olds, instead of only for second or subsequent violations;

6. establishes mandatory license suspension requirements for 16- and 17-year-olds who violate certain traffic laws that, in some cases, are longer than the ones that apply to older drivers and, in other cases, apply only to 16- and 17-year-olds;

7. establishes a 48-hour summary suspension and license seizure for 16- and 17-year-olds who commit certain acts, and requires a parent or guardian to accompany them when they retrieve their licenses;

8. for 16- or 17-year-olds issued learners' permits on or after August 1, 2008, requires a parent or guardian to attend two hours of instruction on teen driving laws and related issues with the child before the teen can take the license test; and

9. requires anyone in a vehicle with a 16- or 17-year-old driver to wear a seat belt and increases the penalty for anyone in a vehicle being driven by someone under age 18 who violates the seat belt law.

The act lengthens the administrative license suspension for the first time a 16- or 17-year-old refuses to take a blood alcohol test or takes the test and has an illegal blood alcohol level.

The act makes violations of laws on (1) learner's permit requirements and restrictions, (2) post-licensure restrictions, and (3) use of cell phones or electronic devices while driving, moving violations that can lead to the teen driver having to complete the driver retraining program.

It prohibits someone under age 18 who commits negligent homicide with a motor vehicle, evading responsibility following an accident that results in a death or serious physical injury, or driving under the influence of alcohol or drugs from being considered a youthful offender. However, for certain other serious motor vehicle violations, such as reckless driving and racing on a public road, it requires disclosure of a youthful offender's record to the Department of Motor Vehicles (DMV) for imposition of a license suspension.

The act also (1) allows the DMV commissioner to adopt regulations on the requirements for behind-the-wheel, on-the-road instruction and (2) makes a knowledge test on motor vehicle laws and rules of the road a discretionary instead of mandatory part of the license test. The latter change appears to make it possible to administer the full-knowledge test when a 16- or 17-year-old applies for a learner's permit instead of when the license examination is taken.

EFFECTIVE DATE: August 1, 2008

PASSENGER RESTRICTIONS

While Under Learner's Permit

The act prohibits a 16- or 17-year-old with a learner's permit from carrying any passengers except the person providing driving instruction, unless the additional passenger is a parent or legal guardian. It applies this restriction during the entire time the 16- or 17-year-old has the learner's permit.

Previously, restrictions on carrying passengers for 16- or 17-year-olds when they are learning to drive under a learner's permit were the same as those that applied for the first six months after they get their licenses. Specifically:

1. for the first three months the permit is held, a 16- or 17-year-old may only have in the car (a) a licensed driving instructor; (b) his parents or guardians, at least one of whom must be a licensed driver; or (c) one person who is at least age 20, has been licensed for at least four years, and has not had a driver's license suspension during those four years and

2. during the fourth through six months the permit is held, the 16- or 17-year-old may carry additional members of his immediate family, in addition to any of those noted above.

After Licensure

The act extends the passenger restrictions that apply to 16- and 17-year-olds after they are licensed for a full year instead of the first six months of licensure.

After a 16- or 17-year-old gets a driver's license, the prior law restricted the passengers he or she could have in the vehicle while driving as explained above. The restrictions to a licensed instructor, parents or guardians, or a single person age 20 or more applied for the first three months of licensure, as they did under the learner's permit. For the fourth through sixth month, additional immediate family members could be carried. After six months, the restrictions ended except that a 16- or 17-year-old may never transport more passengers than the number of vehicle seating positions with seat belts.

The act extends the first restriction to the first six months of licensure instead of the first three months. The authorization to carry other family members who are not parents or guardians applies for the seventh through 12^th month of licensure. Thus, under the act, a 16- or 17-year-old is, in effect, prohibited from carrying any passenger who is under age 20 for the first year of licensure, instead of the first six months of licensure, unless that person is an immediate family member. A subsequent act, PA 08-150, limits these changes to anyone who gets a driver's license on or after August 1, 2008. A 16- or 17-year-old who gets a license before that date remains under the restrictions of the prior law.

The act authorizes the DMV commissioner to adopt regulations that provide exceptions to the passenger restrictions for a single parent under age 18 for purposes of transporting his or her child to day care, child care and education facilities, medical appointments, and other purposes the commissioner may determine.

DRIVER'S LICENSE SUSPENSIONS FOR 16- AND 17-YEAR-OLDS

Administrative Per Se License Suspension

By law, anyone who holds a driver's license is deemed to have given implied consent to have his blood, breath, or urine tested for the presence of alcohol or drugs. If, after being arrested for driving under the influence of alcohol or drugs and being apprised of his or her rights and given the opportunity to call an attorney, the person either refuses the test or takes it and the results show an “elevated blood alcohol content” the person is subject to an administrative driver's license suspension imposed by DMV independently of any consequences that may result from adjudication of the criminal charge in court. This is called an administrative per se license suspension.

By law, anyone under age 21 who does not contact DMV for a hearing, fails to show up for a scheduled hearing, or who receives an adverse hearing decision is subject to a license suspension that is twice as long as the period imposed on someone age 21 or older for a similar type of violation.

The act makes this enhanced administrative license suspension even longer for a 16- or 17-year-old for a first per se offense. Specifically, the suspension for a first per se violation by a 16- or 17-year-old is increased from: (1) one year to 18 months for a test refusal, (2) 180 days to one year for a test result of . 02% but under . 16%, and (3) from 240 days to one year for a test result of . 16% or more (See BACKGROUND).

Violation of Post-Licensure Driving Restrictions

By law, violation of any of the restrictions that apply to 16- and 17-year-olds after licensure (passengers, curfew, and seat belts) is an infraction. Previously for a second or subsequent violation, the commissioner could suspend the driver's license until the 16- or 17-year-old reaches age 18. The act, instead, requires the commissioner to suspend the license for 30 days for a first violation of the restrictions and for six months, or until age 18, whichever is longer, for a second violation. Thus, someone who commits a second violation less than six months before he turns 18 would serve a six-month suspension. Previously, these individuals could only be suspended for the period remaining until their 18^th birthday.

Violation of Specified Traffic Laws

The act establishes a set of mandatory license suspensions for 16- and 17-year-olds convicted of (1) exceeding a posted speed limit by 20 miles per hour or more when the limit is under 65 miles per hour, (2) reckless driving, (3) racing a motor vehicle on a highway, and (4) using a cell phone or mobile electronic device while driving. The act, in effect, (1) increases suspension periods for 16- and 17-year-olds for reckless driving and motor vehicle racing over the current periods that apply to all drivers and (2) establishes license suspensions for speeding and use of cell phones by 16- and 17-year-olds where none currently exist. The mandatory suspensions are shown below.

By law, someone can be charged with “traveling unreasonably fast” under CGS § 14-218a if he is driving above the posted limit or at any speed, regardless of the speed limit, that is greater than reasonable for the road and weather conditions. A person who drives more than 55 miles per hour and exceeds the posted speed limit can be charged with speeding (CGS § 14-219) instead of traveling unreasonably fast. The main difference between the two is the fine structure. Under the act, someone under age 18 going 20 miles per hour above a speed limit set at less than 65 miles per hour would be cited for speeding. The act's license suspension provision applies specifically to that infraction.

SUMMARY 48-HOUR LICENSE SUSPENSION FOR CERTAIN VIOLATIONS

The act establishes a 48-hour summary suspension of a 16- or 17-year-olds driver's license if the teenage driver is cited for:

1. violating any of the driving restrictions that apply after licensure,

2. driving 20 miles per hour or more above a posted speed limit on any road posted for a speed of less than 65 miles per hour,

3. driving under the influence of alcohol or drugs or with an elevated blood-alcohol level (which is . 02% or more for anyone under age 21),

4. driving recklessly in violation of CGS § 14-222, or

5. racing a motor vehicle on a public highway.

If the 16- or 17-year-old is cited for any of these violations, the police officer must seize the driver's license for 48 hours on behalf of the DMV commissioner and may have the vehicle removed. The license seizure begins on the date and time the arrest is made or the summons or infraction complaint is issued. The driver's license is considered suspended for 48 hours.

To regain the license, the 16- or 17-year-old and his or her parent or legal guardian must appear in person at the police department, state police barracks, or other designated location and sign a written acknowledgement of its return. (A subsequent act, PA 08-150, amends this provision to exempt an emancipated minor from the requirement for accompaniment by a parent or guardian when retrieving the license. ) No restoration fee may be charged for return of the license. The police officer who seized the license must make a written report of the violation and the suspension action to the commissioner on a form, and in a time and manner, that the commissioner prescribes.

JOINT INSTRUCTION IN MATTERS RELATING TO TEEN DRIVING

By law, any 16- or 17-year-old must attend an eight-hour course in safe driving practices and the effects of alcohol or drugs on driving, among other things. This applies even if the teen is receiving driving instruction certified by a parent, guardian, or other responsible adult instead of through commercial driving instruction or a secondary school driver's education program.

The act requires the commissioner to amend the regulations for this eight-hour course to include two hours of instruction concerning the laws and penalties that apply to drivers under age 18, the dangers of teenage driving, cognitive development of adolescents, the responsibilities and liabilities of parents of teenage drivers, and any other subjects he deems appropriate. It requires the parent or guardian of anyone under age 18 with a learner's permit to attend this two-hour component of the course with the child. It also requires the 16- or 17-year-old to provide an affidavit signed by an official of the driving school or driver education program under penalty of false statement that a parent or guardian of the child attended the two hours of instruction with the child. The permit holder may not take the driver's test unless this affidavit is provided. These requirements apply for any applicant issued a permit on or after August 1, 2008.

SEAT BELT REQUIREMENTS

By law, the driver and all front seat passengers in a motor vehicle must wear seat belts or, if appropriate, be in a child restraint system. The driver must also make sure that any rear seat passenger under age 16 is secured in a seat belt. The act requires any passenger, regardless of age, to wear a seat belt in a vehicle being driven by someone under age 18. It also increases the fine for anyone who violates the seat belt use requirements while being driven by someone under age 18. Previously, all violations of seat belt requirements were infractions with a fine of $15 (total amount due for a violation with additional fees and assessments required by law is $37). Under the act, violations by anyone in a vehicle being driven by someone under age 18 are infractions with a $75 fine (total amount due would be $123).

DRIVER RETRAINING PROGRAM

By law, anyone age 24 or younger who commits two or more moving violations or suspension violations must complete the DMV-certified driver retraining program or face a license suspension until the program has been completed. Anyone over age 24 must complete the program after three moving or suspension violations. The driver retraining program is conducted by four DMV-approved vendors.

The act adds to the list of moving violations that can lead to participation in the driver retraining program violations of (1) learner's permit requirements or post-licensure driving restrictions for 16- or 17-year-olds and (2) the prohibition on the use of any type of cell phone or mobile electronic devices by a 16- or 17-year-old while driving. By law, drivers under age 18 cannot use any cell phone or mobile electronic device, whether or not it is hands free.

YOUTHFUL OFFENDERS

Under the act, someone under age 18 who commits any of the following cannot be considered a youthful offender:

1. negligent homicide with a motor vehicle (CGS § 14-222a);

2. failure to stop and render assistance when knowingly involved in an accident that causes the death or serious physical injury of another person (CGS § 14-224(a)); and

3. operating a motor vehicle while under the influence of alcohol or drugs, or with an elevated blood alcohol level, which for someone under age 21 is a blood alcohol level of . 02% or more (CGS §§ 14-227a or 14-227g).

Under the act, the records of any youth adjudged a youthful offender for a violation of any of the following must be disclosed to the DMV for administrative use in determining whether a driver's license suspension is warranted:

1. reckless driving (CGS § 14-222),

2. operating while under suspension (CGS § 14-215),

3. evading responsibility following an accident involving property damage or non-serious injury (CGS §14-224(b)),

4. racing a motor vehicle on a public road (CGS § 14-224(c)), and

5. disregarding a police officer's signal to stop and increasing speed in an attempt to escape or elude such officer (CGS § 14-223(b)).

The act requires the DMV commissioner to suspend the youth's license for six months for a first offense and one year for a second or subsequent offense. It prohibits such records from being further disclosed.

ADMINISTRATION OF KNOWLEDGE TEST TO 16- OR 17-YEAR-OLD

By law, a 16- or 17-year-old must take and pass at the time of application for a learner's permit a (1) vision screening and (2) knowledge test on motor vehicle laws and rules of the road. Prior law also required an applicant to pass an examination at time of licensure that must include a comprehensive test of motor vehicle laws and rules of the road. In practice, the knowledge test given when applying for a learner's permit is a short test consisting of 10 questions. DMV administers a full-knowledge test and a road test when the 16- or 17-year-old comes to DMV for the license examination. The act makes the knowledge test at time of licensure discretionary rather than mandatory. In effect, the change allows DMV to modify its current practice and administer the full-knowledge test when the learner's permit is issued.

BACKGROUND

Related Act

PA 08-150 essentially makes two changes in how the requirements of this act apply. It (1) exempts a 16- or 17-year old who has been emancipated in accordance with applicable state law from the requirement that a parent or guardian accompany the youth to recover a driver's license that has been confiscated by police under the 48-hour summary suspension provisions of the new law and (2) keeps anyone who receives a license before August 1, 2008 under the old rather than the new post-license restrictions (both the extended passenger restrictions and the earlier beginning for the prohibited driving hours).

Administrative Per Se License Suspension Periods

The license suspension periods that apply under the administrative per se law are shown below (CGS § 14-227b).

OLR Tracking: JFGC: CR: ts