Does your Teen follow the Provisional License Law?

New Driving Restrictions for Teens

For those who haven't alread heard, there are two important changes to California's provisional driver's license rules as of Jan. 1, 2006. These apply to ALL drivers under the age of 18, including those who already have their license. So some kids will have to stop carrying teen passengers now, even if they could legally do so before.

1. Prohibits a provisional licensee from carrying passengers under the age of 20, unless accompanied by a licensed parent/guardian, licensed/certified instructor or a licensed driver 25 years of age or older, during the first 12 months (formerly six months) the driver is licensed .

2. Prohibits a provisional licensee from driving between the hours of 11 p.m. and 5 a.m. (formerly 12 midnight and 5 a.m.).

R.K.

Is the new law retroactive?

Is it true that the new law that just came into force prohibiting teens from driving for 12 months post-license with those under 20 in the car, unless a licensed adult of at last 25 is in the car, applies to teens who already had their license? My understanding is that the new law applies only to those who get their licences from now on, not those who got their licences last fall or summer. Am I wrong? Dianna

Dealing with other parents who don't follow the new law

Help! The January 6 Parents of Teens newsletter advised that tougher ''graduated licensing'' restrictions on new drivers became effective on January 1st. Previously, new license holders under age 18 were restricted from driving with passengers under age 20 for the first six months after obtaining a license; now it is for the first 12 months, and applies retroactively to licenses issued since January 1, 2005.

Plenty of data show that these laws have reduced teen accidents; they're designed to increase everyone's safety. In the Newsletter archives on this topic (when the restriction was six months), nearly every writer lamented that some parents ignore teen driver laws and strenuously urged every parent to help enforce them.

Well, we just learned that our teen has been riding with a friend who has been licensed for only seven months and, since January 1, is breaking the new law -- with her parents' permission. When (genuinely shocked) I questioned the parent, he seemed surprised and offended that I objected to our daughter being driven illegally by his.

Are my concerns misplaced? (1) That our daughter knew her friend was no longer legal to be driving her but didn't bring it to our attention, and (2) That this family did not ask us whether we were comfortable with the situation. It may be their prerogative, I guess, to flout public policy and allow their teen to drive illegally but is it their prerogative to involve other teens without the explicit permission of their parents -- without respecting other families' safety concerns and rules for their own children?

Our teen is just beginning the process of getting her learner's permit, and it seems the first messages she's gotten are: ''Teens are competent to decide for themselves what's safe to do'' and ''The risks and consequences of illegal driving are no big deal'' and ''It's OK to disobey annoying laws that impose temporary inconveniences.''

Am I off-base for feeling side-swiped, so to speak, or what? I'd love to hear other parents' thoughts and experiences.

SPM

What does that mean? That means that until our kids were legally able to take riders and accept rides according to the law, we did the driving. That if we did not want our children in particular places without chaperones we went with them or they didn't go. Simply said, if you have an issue, a value, and opinion etc, you have the responsibility to take care of it and cannot ask another parent to take on that responsibility.

More - we always talked to our kids about our concerns and values, we tried to blend into the woodwork, and we acknowledged their frustration. Finally, we told them, and meant it, that we would pick them up any time, any place without question, and reserved the right and responsibility to discuss the situation later. The funny thing about that is that we ended up picking up our kids as well as their friends on numerous occasions when they found themselves in uncomfortable situations or felt unsafe.

So, talk to your child about your rules and values, listen to her and come to some mutually acceptable agreements, but also take responsibility for enforcing your rules yourself. Carolyn

What are the consequences of not following the new law?

I want to know what is the consequence of violating the law requiring no under-aged person in the car for 1 year? My daughter keeps insisting that she will ride with her friend anyway, that ''no one'' follows that rule, especially if they already are past the 6 mo. We are holding to the rule and will deal with her directly if we find out, but I'm curious what exactly happens to the driver when they get stopped and found out to be breaking the law?? ticket? license suspended?? I want to be able to talk to my daughter's friend and her parents about what she is risking by doing this. Parent of 16 yr old non-driver

Here's what the DMV website says:

http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl19.htm

Provisional Driver License Sanctions: Currently a 30-day restriction is required if your driver record shows a violation point count of two or more points in 12 months.

A six-month suspension and a one-year term of probation shall be imposed if your driver record shows a violation point count of three or more points in 12 months. Also, the court is required to impose community service hours or fines for violation of specific provisions.

NOTE: Probation means: no tickets, no accidents, and any current restriction or suspension will run its full term even if you turn 18 before the restriction or suspension ends.

A one-point violation includes: “Violation of License Restrictions: 14603 VC. No person shall operate a vehicle in violation of the provisions of a restricted license issued to him.”

The other way police could discover this violation is, of course, if the young driver (with young passenger[s]) are involved in an accident. Then another question is: Would the parents' insurance company cover losses and damages if the teen driver were driving illegally? I think that would be dicey. Does anyone who works in the insurance business know???

IMHO, whatever the penalties or risks are, so long as s/my teen is a minor for whom I am legally and financially responsible, s/he does not have the right to pick and choose which laws to obey or disobey -- not without risking PARENTAL consequences of loss of privileges.

Limits with Love

Son wants to drive now; I want him to wait till he's 18

My son just turns 16. He has been asking me for taking driving lessons in the past few months. I have told him repeatedly that he has to wait until he is 18. My reasons are that 16 is too young to own a car and drive. I have read a few articles that teenagers brains will not be fully developed until it's 18. More importantly, my son is a follower, he is immature and not street smart in certain things. Not alone the cost of a car, insurance, maintenance and gas. (I am a single mom and his Dad is out of the picture). We live 5 minutes from his high school and there is no reason for him to drive. Parking at the high school is almost impossible in the morning. I am always available to take him here and there on weekends. However, all his best hang-out friends (5-6 of them) are taking lessons together and start driving. He feels embarrassed and left out and depressed. He said I don't understand him as much as other parents understand their child. He said he can take the lessons together with his friends and not drive until 18. What shall I do? Let him or stick to my principal. Please advice. Thank you.
worried single mom

In the process of all this, he might well gain some maturity. If he still wants to own a car, you can have him research costs like insurance, gas, maintenance, etc. to convince him that it's just not practical for him now to own a car.

I think if all his friends are really doing the driver's ed thing and you won't let him, then he'll build up a lot of resentment against you that could take years to dissipate.

Good luck. Dianna

My daughter is almost 16 and is very mature for her age. She is a focused, ambitious student and athelete. She currently has her driving permit and has logged over 40 hours of driving time with me. While she completely trustworthy and responsible, she needs alot more practice before I feel like she'll be safe to drive alone. Fifty hours over six months (the amount of time legally required to drive with a parent before taking the test) seems to me to be the MINIMUM time required for these kids to learn to drive safely. There is alot to learn-- anticipating other drivers, judging stopping distances, estimating the time needed to cross an intersection safely, deciding when to stop (or not stop) at a yellow light, merging onto highways and into fast-moving traffic, watching for pedestrians/ bikes, etc.. In addition, kids often don't know how to drive to places they've been going to for years. Learning all this just takes time.

I would advise you to go ahead and let your son get his permit at 16. Then if you don't let him get his license until he's 18, at least he'll have well developed driving skills by the time he does start to drive by himself.

Just as a side note: It is my understanding that one must take the driving test within one year of getting the permit. So if you do let him get his permit, but are not planning to let him get his license within the year, he will probably have to re-take the written test. bhovers1

New Driver Contract with 16-year-old

I have an about-to-be-16 year old son, who will soon be getting his driver's license. He is a careful driver, good grades, and hasn't done anything startlingly bone-headed in the last year. We've been talking, endlessly, about good judgement wrt driving, and before he goes for the driver test, I'd like to put all of this down on paper and have him, his father and me sign it.

Has anyone written a ''contract'' with their new driver that lays out your family's rules for driving? I'm thinking about issues like use of the family car, who is responsible for the costs associated with driving the car, and (obviously) consequences for breaking either the family's rules or California law (especially with respect to underage passengers!) Thanks, a Mom trying to anticipate issues...

I think it's available for free by emailing a request to kids@calbar.ca.gov. Include your name, mailing address, phone number, and number of copies you want.

If you make sure that your already responsible teen knows that an automobile can be a lethal weapon and he is responsible for far more than just himself and the car, it will make a big impression. Make sure he understands that a terrible accident can cause a lifetime's worth of guilt and possible financial ruin. This is a time when I think scare tactics make sense as a 16 year old has never had to think about actions/consequences in such a major way before.

We had to point out to our 19 year old, away at college, that the potential consequence of his getting into an accident in a borrowed underinsured car, could be the loss of all his college funds if he were to be sued. These are things young people have not had to think about, no matter how responsible they are. anon

www.dps.state.mn.us/dvs/DriverLicense/Graduated%20DL/Teen%20Driver%20Contract.pdf

Mary-Ellis

Should my 15-year-old start driving?

Need advice, suggestions, recommendations and support re:whether my 15 yr. old son should get his license, starting with a permit, and what would be the best way for him to be taught to drive if and when I feel he is responsible enough to start the process. As a single mom, I don't feel this is something I would feel confident teaching him, and I worry about him speeding, wrecking the car, etc. He has trouble focusing, remembering his things, and thinks rules are made to be broken. How have other parents handled this? Advice, suggestions appreciated. bd

When the day does come, I found a driving school on the internet that caters to kids with learning and attention problems and doesn't cost a huge amount more than the others. (Don't remember its name, sorry.)

Daughter says EVERYONE is getting a car at 16

My almost-15-year-old girl assured me yesterday that EVERYONE she knows will get a car when she or he is 16. (Because she knows one 15-year-old who's learning to drive and who says he'll have a car soon.) I reiterated that she may take driver safety, or whatever it's called, at Berkeley High when she's old enough, driving lessons when she's old enough, etc., but that she may not have a car until she's at least 18 and able to pay for it herself.

At this point, her assertions appear to simply be a statement of her need to feel independent, but I did start wondering what other parents do about driving. Melanie

How do you enforce the "New Driver" rules?

I know that this was covered in part in a previous discussion on the website, but how have other parents dealt successfully with the restrictions on new teen drivers when all of the other parents of your teen's friends do not abide by the rules? We had my son wait until he turned 17 to get his license, since he was older than many of his classmates and we didn't want him to be the only one of his group driving as a sophomore. We feel fairly confident in his around-town driving skills, but are determined to stick by the "no passengers under 20" rule - for his safety as well as for theirs, and for our insurance liability. However, as his friends/classmates are turning 16, not one of their parents seem to insist upon this rule, which puts us at a disadvantage in enforcing this law. He is currently sharing one of the family cars, and it seems that most of his friends were handed a car the day they received their licenses (another point of contention for him), which must also make it harder for the parents to keep track of what is going on.

Short of calling all of the parents of his friends and asking for cooperation (which would embarrass him and I'm not sure we'd get anywhere with this), and short of forbidding him to step in a car with a friend who just received his/her license (although we are pointing out the reasoning behind the rule and the dangers involved) and continuing to do what we have been doing (offering to drive him, his girlfriend, his friends to places any chance we can), what other suggestions do parents have? If a teen is caught driving other teens during the six month period, does he/she get the license taken away until age 18 ... really? It would help to know that there is this heavy clout, and to use it as an example. Or do the cops let them off with a mere warning, as all of his friends and their parents seem to think?

It sure would help if every parent played by the same set of rules (the *law* in this case!), but I guess that would be wishing for too much...

- (anonymous, please)

The actual enforcement of the law was a bit problematic. I don't think the cops come down super hard about it, and usually give warnings rather than citations. We gave our son two warnings when it seemed to us that he was not abiding by our rules. The third time he was driving with another friend in the car and we found out, we took away all driving privileges for a week. This meant he had to take the bus to school and to after-school sports practice, as well as to and from an after-school tutor (to Kensington from BHS, then home to south Berkeley). We told him if he broke the rules again he would lose the privilege until the time that it would be legal to drive with friends in the car, which was three months in the future.

This worked well for our son. I think he was actually under pressure from other kids to ignore the restriction, since so many other families don't enforce it. Our drawing the line in such a public way took him off the hook and enabled him to abide by the rules without losing face socially, and helped him realize we were serious about the rule.

Please keep me anonymous so my kid won't be embarrassed. Thanks.

I handled it by having a long talk with him about money. We went over the facts. I explained to him that insurance companies do not have to pay if he was driving illegally at the time of an accident. I showed him the hospital bill from the day he was born, to let him see how expensive it is. I let him know his friends would have to sue him to pay such outrageous bills. But the key fact was to let him know that all these horrible things could happen even if he was not at fault. The fact is 2 out of 3 California drivers are out there with no insurance. They have no way to pay-it is up to him to protect himself.

I know a 16 year old girl that got a speeding ticket and an extra ticket for breaking the provisional rules. She was given a very high fine. $400. She had her license taken away for 2 weeks and had to do 50 hours of community service. This just happened a few months ago. Word out there is the police and judges are starting to take the rules more seriously than in the past.

Good luck. AJF

Please make sure your new driver follows the rules

This subject is one more piece of evidence that it does, indeed, take a village to raise a child. We need to support one another. My son is 15, and can't wait to get his license. My new husband (his stepfather) and I plan to sit down with my son when he gets his license, and clearly lay out our expectations. Violating the new driver restrictions will result in us taking away his license for a period of time (to be determined). My husband has also stated that if he's caught street racing, we'll take away any car and sell it. My husband loves cars, and is glad to share his knowledge with my son. On a more serious note, my husband's mother, while riding a bike, was killed by a drunk driver; my husband was only 17 at the time. He has a deep understanding of the hazards and consequences associated with irresponsible driving. I encourage you to make sure your son follows the rules, and I'll do the same with mine. sympathetic parent

She ran a red light in an intersection and was broadsided. My daughter had the worst of the injuries: facial lacerations and a shard of glass was imbedded above her eye, requiring 7 stitches to close it. Her wrist may be fractured - we won't know that for a few more days. She has body aches and pains but is lucky to be walking around. Had she been sitting by the passenger door, instead of in the middle of the back seat, her injuries would have been a lot more serious.

I write because last week a mother pleaded for parents to be aware of the new driving restrictions and enforce them. Even though the driver's parents had forbidden their daughter to drive others, she did. In addition to having other kids in the car and driving after curfew, she tested positive for alcohol at the scene. Her license has been suspended for a year.

As a parent, I have learned a painful lesson. I cannot take my daughter's word about her transportation arrangements with friends, because she doesn't know who can legally drive her. I need to call the parents and find out if the drivers are in fact legally able to drive passengers. And I need to communicate these plans to other parents. I sense a reluctance by parents to get in their kids' faces about plans, parties, transportation, etc. I feel fortunate that the accident wasn't worse. And it seems that the kids involved feel real remorse and have experienced a wake up call.

But it is our job as parents to keep our kids safe. And checking up on plans, drivers, legal limits and asking about drinking, drugs and driving is one way we all need to get involved. I urge every parent to stop a make a phone call before they let their child ride with another teen. Perhaps that call can avert the heartache we're now experiencing. Please keep this anonymous. Thank you.

Does Your Teen Obey the New Driver Rules?

My 16 year old recently got her driver's license. Recent changes to the law require new teenage drivers to 1) not drive other teenagers for 6 months after they receive their license and 2) not drive at all between midnight and 5 A.M. Of course my daughter says, "None of the other parents care about this," or "X's dad says he assumes he'll drive friends anyway and would rather know about it than have him lie," and of course I say, "You're stuck with the parents you've got," and "If a cop stops you, you could lose your license." Although in general, she's a serious, responsible person, I'm concerned that she's disobeying these laws and not being truthful. Most of all, I'm concerned about her concentrating on the road and becoming a safe, experienced driver. I don't want to be either suspicious or naive. I would love to hear how others have handled these issues.

In addition to this we gave her a Highway Survival Course for her 16th birthday (See recommendations for Sear's Point Highway Survival Course for the rest of this review.)

Car and 16-y-o out for the night

Since my 16 yo son is my only child I don't have experience in a lot of areas except by gaining it through trial and error. My latest confusion has to do with use of the car. He has had his license since last March and so far (knock on wood) so good. I don't have any problem with daytime use, it's the nighttime use that I waiver on. He wants to be able to take the car (we have 2) and spend the night at a friend's house. The problem with this is that I feel he's out there wandering around loose in the world and I'm not having any control over him. I initially said no, that if he wanted to spend the night at a friend's house, I would take him and pick him up. If he wanted to take the car out, he would have to be back at 11:45 (his current curfew). Then I gave in and let him keep the car over night and felt horrible about it. I guess while writing this I see that I should stick to my guns ... but he knows so well how to manipulate me to get my way. I guess the other issue is how not to wimp out with my teenager when I (have to admit it) really want to be loved by him like I was when he was younger. I'd appreciate any feedback on this issue from parents who have been there. Thanks.

Provisional driver license restrictions during the first year 

The following new restrictions are for minors who apply after July 1,
1998, pass their driving test at DMV and are issued a provisional driver
license. 

During the first 6 months you are licensed to drive you must be
accompanied by a driver 25 years of age or older if you drive
between the hours of 12 a.m. and 5 a.m. or if you have passengers
under the age of 20 in the car at any time. 
During the second 6 months, you must still be accompanied by a
driver 25 years of age or older if you drive between the hours of 12
a.m. and 5 a.m., however, now you may have passengers under the
age of 20 in the car without supervision between the hours of 5 a.m.
and midnight. 

        The following new restrictions are for minors who apply after 
July 1, 1998, pass their driving test at DMV and are issued a 
provisional driver license.
        During the first 6 months you are licensed to drive you must 
be accompanied by a driver 25 years of age or older if you drive 
between the hours of 12 a.m. and 5 a.m. or if you have passengers 
under the age of 20 in the car at any time.
        During the second 6 months, you must still be accompanied by 
a driver 25 years of age or older if you drive between the hours of 
12 a.m. and 5 a.m., however, now you may have passengers under the 
age of 20 in the car without supervision between the hours of 5 a.m. 
and midnight.