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The Honolulu Advertiser
Posted on: Thursday, December 22, 2005

License deadline looming for teens

By Mike Leidemann
Advertiser Transportation Writer

THE NEW RULES

Here's how the new three-part graduated driver's license law works:

Permit: At age 15 1/2, a person may acquire an instructional permit to drive when a licensed driver at least 21 years old is in the car. Between 11 p.m. and 5 a.m., the driver's supervising parent or guardian must be seated next to the minor driver.

Provisional license: A driver 16 to 18 who has had a permit for 180 days and completed a state-certified driver's education course could obtain the new provisional license allowing driving under restricted conditions.

Full license: A 17-year-old who holds a provisional license for at least six months with a clean driving record will be eligible to take the test for a regular driver's license. Those who did not obtain a provisional license would not be eligible to take the regular driver's license test until they turn 18.

Restrictions in a provisional license:

  • Cannot transport more than one unrelated person under age 18 unless accompanied by a licensed parent or guardian.

  • Cannot drive between 11 p.m. and 5 a.m. unless accompanied by either a parent or guardian seated beside the driver. Exceptions are allowed for those traveling between home and work with a signed statement from employer, and those traveling to or from a school-authorized activity with a signed statement from a parent.

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    Max Etling, a 16-year-old junior at Kailua High School, has heard all the arguments in favor of the state's new graduated driver's licenses, which are designed to cut down on teenage driving deaths and injuries.

    Still, he's going to make one last effort next week to get his license before the new law, which doesn't grant full driving privileges until at least age 17, goes into effect next month.

    "I sort of understand where it's coming from, but I personally think I am ready to get my license now," Etling said yesterday.

    The state no longer agrees.

    The new law requires students ages 16 to 18 to obtain a "provisional" license for at least six months before they can receive a regular driver's license. The provisional license restricts a youth's ability to drive late at night or with other teens in the car. Under existing law, youths can start taking a driver's license test at 16.

    Studies show that similar graduated driver's license laws in 40 other states have reduced the number of crashes, injuries and deaths involving drivers under age 18, officials said. State and private officials pleaded with parents yesterday to help enforce the laws in their own households.

    "Yes, it will take a bit more work on your part ... but this time is an investment in the driving skills and safety of your children," said Carol McNamee, founder of the Hawai'i chapter of Mothers Against Drunk Driving, which pushed for years to get the new law passed.

    "The only way this law is going to be effective is with the help of families who support it," added Lt. Gov. James "Duke" Aiona.

    However, some teens and their parents say the law puts an unfair burden on responsible young drivers. Like Etling, they are rushing to get their regular licenses before the new law takes effect Jan. 9.

    "When you're 16, getting a license is a pretty big thing," said Etling, who has taken — and failed — the driver's license test once and plans to try again next week. "Having to wait another year would be quite a problem for me."

    He's not alone. Hundreds of other young people have crammed driver's license test stations in recent months, creating longer-than-usual lines, even though some counties hired extra testers to deal with the crush.

    Because appointments are booked months in advance, some teens and their parents are camping out as early as 12 hours before the stations open to snag one of the few spots available each day for walk-in test-takers.

    "We got there one night at 2:45 in the morning and still weren't early enough to take the test," said Tina Samorano, who took her 16-year-old son, Tyler, to Kapolei for the driving exam. The next time, they arrived at 7 p.m. the day before, only to have Tyler fail the driving test in the morning. They're planning to return for another try this morning, Samorano said.

    "It's frustrating, but I totally believe he's responsible enough to be driving now. It should be up to the parents to be involved and make sure their kids are not out racing around at night. If my son wants to drive to the movies a few miles down the road at night, I think he should be able to."

    Sherrie Menor, whose daughter Ashley turns 15 in February and commutes between home in Mililani and school in Manoa, said the new law will create an additional hardship for the family.

    "Without a license, she won't be able to participate in sports or other after-school activities because she won't have a ride home afterward," Menor said.

    The new law has exemptions for young drivers returning from nighttime school events or work and will do far more good than harm, state officials said. They pointed to a high percentage of deaths and injuries among young people here and to studies in other areas that show graduated driver's licensing laws reduce those types of accidents.

    "The most dangerous thing most teenagers will ever do is drive a car or ride as a passenger with another teen driver," McNamee said. The new law "has the potential to reduce crashes in the 16- to 18- age group by 25 percent if parents will take a responsible role."

    Last year, 13 of the 142 traffic fatalities in the state involved drivers or passengers between ages 15 and 19, state DOT spokesman Scott Ishikawa said. Between 1999 and 2003, more than half of all reported injuries and deaths among 15- to 19-year-olds in Hawai'i were due to motor vehicle crashes, officials added.

    National Highway Traffic Safety Administration studies show graduated driver's licensing laws have proven effective elsewhere:

  • Teenage fatalities fell 21 percent in Florida after a graduated licensing law was adopted there.

  • Oregon saw a 16 percent drop in injury crashes among drivers who had completed the GDL requirements.

  • In California, crashes involving drivers from age 15 to age 17 declined by 15 percent after adoption of similar laws.

    Aiona said Hawai'i could see similar results, but only if parents help enforce the new law.

    "Police are not going to be stopping drivers just because they look young and are out late at night," he said. "The burden of enforcement is going to be on the community. It's going to take all our collective responsibility to make sure that everyone understands and obeys this new law."

    However, Marie Tanaka, a 17-year-old Kailua High School senior, said that it should be a matter of individual maturity.

    "There are a lot of teenage drivers like myself who haven't taken the test yet. My parents want me to have a lot more driving experience before I'm on my own," she said.

    Violators of the new law can have their provisional license suspended for three months for a first offense or six months for a second offense. If a provisional licensee is convicted of a motor vehicle operating offense, the provisional license can be suspended or revoked six months for a first violation and a year for a second violation.

    Despite the expected drop in accidents, the new law is unlikely to have a similar effect on insurance rates for young drivers because the state forbids setting rates based upon age, said Carolyn Fujioka, a spokeswoman for State Farm Insurance. However, if the decline in accidents is significant enough, she said, rates for all drivers could drop.

    Reach Mike Leidemann at mleidemann@honoluluadvertiser.com.