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Signed
into law Jan. 4, this legislation places certain restrictions on the
operation of motor vehicles by probationary license holders and temporary
instruction permit holders who are less than 18 years of age. The law
goes into effect
Friday,
April 6, 2007.
Changes
include the following:
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Probationary driver
license holders under the age of 17 will not be permitted to operate a
motor vehicle with more than one person who is not a family member in
the vehicle, unless accompanied by the license holder's parent,
guardian, or legal custodian. Studies conducted by the Insurance
Institute for Highway Safety have shown that one passenger doubles the
risk of a crash among teen drivers, two passengers triple the risk, and
three or more passengers increase the risk by more than six.
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Probationary driver
license holders between 17 and 18 years of age will be restricted from
driving between the hours of 1 a.m. and 5 a.m. unless the holder is
accompanied by a parent or guardian, with the following exceptions: an
emergency situation, driving to or from a school activity, or driving to
or from work. Travel to or from work is permitted provided the teen has
written documentation from the employer.
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Probationary license
holders under the age of 17 are prohibited from driving between midnight
and 6 a.m. unless accompanied by a parent or guardian with the same
exceptions as above. This is a change to the previous restriction of 1
a.m. to 5 a.m.
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Permit holders under
the age of 18 will be prohibited from driving between the hours of
midnight
and 6 a.m.,
unless accompanied by a parent, guardian or legal custodian who holds a
valid license. This is a change to the previous restriction of 1a.m. to
5 a.m.
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If a probationary
driver license holder under the age of 17 is convicted of having
committed one moving violation during the first six months of having a
driver's license, the person must be accompanied by a parent or guardian
whenever operating a motor vehicle during the six-month period
commencing on the date on which the person is convicted of or pleads
guilty to the moving violation or until the person turns 17.
Also
included in the law is a change to the child restraint law, affecting
drivers of all ages:
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When any
child who is at least four years of age but not older than fifteen years
of age is being transported in a motor vehicle, other than a taxicab or
public safety vehicle as defined in section 4511.01 of the Ohio Revised
Code, that is required by the United States department of transportation
to be equipped with seat belts at the time of manufacture or assembly, the
operator of the motor vehicle shall have the child properly restrained
either in accordance with the manufacturer’s instructions in a child
restraint system that meets federal motor vehicle safety standards or in
an occupant restraining device as defined in section 4513.263 of the
Revised Code. This is still a secondary violation.
Whoever
violates this section will be found guilty of a minor misdemeanor and
shall be fined not less than $25.
If the
offender previously has been convicted of or pleaded guilty to a violation
of this section or of a municipal ordinance that is substantially similar,
the offender is guilty of a misdemeanor of the fourth degree.
Common Questions
What is the difference
between a temporary permit and a probationary driver license?
A temporary permit
can be obtained at age 15 years 6 months. The permit is valid for one
year. The permit holder must be accompanied by an eligible adult, which is
defined as a parent, guardian, legal custodian, licensed driver age 21 or
older acting in loco parentis, or licensed driving instructor. The
eligible adult must hold a valid driver license and occupy the front
passenger seat.
In order to be
eligible for a probationary driver license, a temporary permit
holder must be at least 16 years old and have completed the driver
training certification requirement (complete 50 hours of driving with a
parent or guardian, including 10 hours of nighttime driving, in addition
to the driver education requirement of 24 hours of classroom instruction
and 8 hours behind the wheel) and have held a temporary permit for at
least six months. The permit holder must also complete the BMV driving and
maneuverability test prior to issuance of a probationary license. The
probationary license is valid until age 18, at which time the license
becomes a full driver license.
Have the ages at which
permits and driver licenses are issued been raised because of this new
law?
No, the ages remain
the same: 15½ years old for a permit, and 16 years old for a driver
license.
Are 18-year-old
drivers affected by the new teen driving law?
No, they are not. The
law changes apply to permit holders and driver license holders under the
age of 18.
What is the definition
of a “family member”?
Family member of a
probationary license holder includes any of the following: a parent,
step-parent, grandparent, or parent-in-law, a sibling, whether of the
whole or half blood or by adoption, a brother-in-law or sister-in-law, a
spouse, a child or step-child, an aunt or uncle, a son or daughter of the
probationary license holder’s step-parent if the step-parent has not
adopted the probationary license holder.
Two family members,
both 16, are in the same vehicle. Both are probationary license holders.
How many passengers may ride in the vehicle?
Only 1 passenger, who
is not a family member, would be allowed to ride in the vehicle. It is
based upon who is operating the vehicle.
If a 16-year-old
probationary license holder is driving a vehicle with a passenger 18 years
or older, can they have another passenger with them?
No, the age of the
passenger does not matter. If the passenger is not a family member, they
can only have one passenger in the vehicle, unless the driver’s parent or
guardian is in the vehicle.
Would I need to
present proof of relationship for additional passengers?
Proof of relationship
is not required by law, but it could be helpful to avoid being charged
with a violation.
Are there exceptions
for 16-year-old drivers to take more than one unrelated passenger to
school or school activities?
No, 16-year-old
licensed drivers are not permitted to transport more than one person who
is not a family member at any time, unless the driver’s parent or guardian
is in the vehicle as well.
Students carpool to
and from school and activities. Allowing fewer passengers in one vehicle
increases the amount of vehicles operated, as well as increases emissions.
Why increase the likelihood of more crashes?
Statistics indicate a
higher rate of accidents/fatalities to and from school when groups of
teenagers are riding in one vehicle.
Why were the
restricted hours expanded from
1 a.m.-5 a.m.
to midnight-6 a.m.?
Statistics indicate
more accidents/fatalities occur during these hours.
How are these new laws
going to be enforced?
Whoever violates
having more than one passenger in the vehicle, who is not a family member,
is guilty of a minor misdemeanor. It is a primary violation, meaning law
enforcement can pull over a vehicle solely for violating the passenger
limit law; they do not have to see any other violations.
A restricted nighttime
hours violation is secondary, so law enforcement would need another reason
to pull the vehicle over.
Is there a standard
document used for verification of hours worked during restricted times?
Yes, the
BMV 2825 provided
by the Registrar of Motor Vehicles, located on the Internet, in the left
navigation
column under the "Download
BMV Forms"
topic.
If you do not have this form, written documentation from the employer
shall be accepted.
Does the written
documentation have to be carried with me while I am operating a vehicle?
Yes, the written
documentation must be in your immediate possession when driving during
restricted hours.
Will restrictions
enforced as a result of a moving violation during the first six months
after the person is issued the probationary license be from the date of
offense or the date of conviction?
The offense
date must be within six months of the date the person received the
probationary license, but the restriction runs six months from the date of
conviction. Also, the law is not retro-active, so it only applies
to a conviction date of
April 6, 2007
or later.
Why is the restriction
enforced as a result of a moving violation during the first six months
after the person is issued the probationary license, six months for some
but less than six months for others?
The restriction is
only for individuals less than 17 years of age. Therefore, if the
violation occurred less than six months from an individuals 17th
birthday, the restriction would end on their 17th birthday,
unless the restriction is a court-ordered restriction.
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