Do you remember the thrill of getting behind the wheel for the first time as an independent driver with a brand-new license tucked in your pocket or purse? Do you recall volunteering to do errands for your parents, just so you could drive the family car? Did you, like me, pick up a friend – or two or three – and zip carefree to the beach or out for an ice cream?
Back in the “good old days,” as soon as you thought you were ready to take the test, you just went in and took it. Some people, I’m sure, practiced only a few hours before they passed their test – especially some of the boys, who seemed as though they were born knowing how to drive! The only license restriction I remember concerned vision. If you could not pass the visual part of the driver’s license test without wearing your glasses or lenses, you were not allowed to drive without them.
Nowadays, there are many more nono’s for Maryland drivers in general. For example, it is illegal to answer a phone call or check a text message while driving. Additional laws for the rookie driver are strict, and failure to comply with them can get a teenager, his parents, and even his school in trouble.
Take this simple quiz to test your knowledge of Maryland’s current rookie driver graduating licensing system for teen drivers.
True or false:
1) At 15 years-and-9-months, teens are eligible for a learner’s permit, and learner’s permit holders must be accompanied while driving by a qualified supervising driver who is 21 years or older and has held a license for a minimum of three years.
2) Teens must hold this permit for at least nine months and accumulate at least 60 hours (10 nighttime) of parental/guardian-certified driving before being eligible for a provisional license.
3) At 16-years-and-6-months, teens are eligible for a provisional license, as long as they remain conviction free or do not have a PBJ (probation before judgment) for a moving violation. Provisional license holders may not drive unsupervised during the hours of midnight to 5 a.m., unless for school, sports, job, or volunteer work. The nighttime driving restriction only applies to provisional license holders under 18.
4) For the first five months during this stage, teens are prohibited from transporting passengers under the age of 18, except for immediate family.
5) As a parent, I can be sued for the mistakes (or “negligence”) of my child.
6) I can be sued even if my child is 18.
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If you answered “true” to all of the above, you are correct. You are also probably more likely than most Marylanders to know about recent changes in the law for rookie drivers, and realize that one provision of House Bill 393 in particular is often not adhered to. Apparently, the law prohibiting teen drivers during the first five-month stage of holding their provisional licenses from transporting passengers under the age of 18 tends to be disregarded. Whether this is done out of ignorance or simply because the law is not taken seriously, you should know that there are serious consequences for the teen, the parent, and sometimes the school, when infractions occur.
House Bill 393, passed by the Maryland General Assembly and signed by the governor, effective October 1, 2009, prohibits new drivers under the age of 18 from transporting passengers under the age of 18 who are non-relatives, for 151 days (i.e., the first five months) after the provisional license is issued. It is legal for the teen provisional license holder to drive a family member, such as a spouse, daughter, son, stepdaughter, stepson, sister, brother, stepsister, or stepbrother or a relative who lives at the same address. If it is a friend, however, he or she cannot. An exception to this rule is that minors can be present if there is an adult in the car who is at least 21, has possessed a driver’s license for at least three years, and is sitting by the driver.
If you are pulled over for another offense, the police can cite you for this offense as well. This is what is known as “secondarily enforced.” And if it is cited as a “moving violation,” you may have your driver’s license suspended or revoked.
Let’s clarify what is and is not allowed, according to the law, by answering some practical questions specific to our community:
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Q: Can my friend and I drive together to Seven Mile Market to shop for our mothers for Shabbos?
A: If you and your friend are both under 18 years old, you may not drive without the accompaniment of someone 21 years or older. While driving to the store, if you are, chas veshalom, involved in a car accident that is your fault, since you were performing an errand at your parent’s request, your parents could, in some instances, be financially liable for the accident.
Q: I am a new, 17-year-old driver. Can I drive with my two classmates, who are also 17, from school, to our production’s rehearsal?
A: Not only will you be in violation of this law, you could be causing both your parents and the school to be liable for you. They could both be sued. Your parents could be sued under Negligent Entrustment. Your school could potentially be sued since it did not exercise supervision when you students left school to do an activity that was part of the school program.
Q: Can I drive my little brother to his Pirchei baseball games?
A: Yes, immediate family members and other family members living at the same address can all drive together. It is the only exception where you can be in a car with those under the age of 18 without someone 21 years or older accompanying you.
Q: Chesed starts at home. As a new driver, I thought it would help my extremely busy mother if I drove my own carpool to school once a week. Am I allowed to do this?
A: No, not unless you have already been driving for five months (i.e., 151 days), or everyone in the carpool, assuming they are under 18, are direct family members (such as a sister, brother, stepsister, or stepbrother), or a relative who lives at your address.
Q: My 16-year-old cousin came to Baltimore to visit me. Can we drive together?
A: No. The family member exception only applies to family members who live at the same address as the driver.
Q: Can my friends and I drive on Purim to deliver our families’ mesholach manos together?
A: The only way for people under the age of 18 to drive together in a car is if someone over 21 is sitting next to the driver.
Q: I am a babysitter, who recently got my provisional license, and part of my job is to pick up my employer’s children from school. Does the no non-relative passenger rule apply to me, as well?
A: Absolutely; there is no babysitter exception.
Q: Can the police pull me over just for seeing several teens in my car?
A: Technically, they cannot; they can only enforce this law as a secondary action. According to the law, the police can only cite you if you have already been pulled over for a “suspected violation” of another law. However, once you are pulled over, the police are likely to cite you.
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The reason for the stricter rookie driver laws is that teen drivers are at greatest risk for crashing of any age group. In fact, the risk of a 16-year-old driver being killed increases by 86 percent with two passengers, and nearly triples with three passengers. According to the Ford Motor Company/GHSA, Driving Skills for Life Best Practices Guide, “Crash rates are the highest during a teen’s first few months behind the wheel. Sixteen-year-olds have by far the highest crash risk of drivers of any age, making them 10 times more likely to be involved in a crash than an adult. Sixteen-year-olds’ fatal crashes are more likely to occur when other teenagers are in the car. The risk increases with every additional passenger.”
Mr. Moshe Deitsch, director of the Excel Driving School, put a whole new spin on understanding the law, when he explained, “New drivers are very easily distracted; they have to get used to the fact that they are in control of the car. The part of the brain called the forward prefrontal cortex is not fully developed until between the ages of 21 and 25. Passengers in the car can easily distract the driver, and we want to avoid that.”
Devorah Goldstein, a mom of many teens, who has four new drivers in her home, corroborates Mr. Deitsch’s assessment, and adds, “I think it’s important for parents to realize that it a huge responsibility to allow your child to be the driver for other passengers, especially teenagers. Parents need to realize that this law is not just a “minhag” (custom) but a real law with real consequences if it is not followed.”
Another mother of young drivers who stands in agreement with Mrs. Goldstein takes it one step further, asking rhetorically, “What are parents teaching their children when they so blatantly disregard the rules and laws that are given? Chas veshalom, will it take a terrible accident to make people sit up and realize these laws are not put there ‘just for fun.’ They are there to protect our children.”
Parental guidance and supervision, according to the Maryland Motor Vehicle Administration, is the key to helping teens develop safe, responsible driving skills, and has proven to decrease the possibility of teen crashes, injuries, and deaths. So, parents, get involved and stay involved. The lives of our loved ones depends on it!â—†
Maryland has joined over 40 other states in enacting some type of graduated driving license. Visit the Maryland Motor Vehicle Administration, at www.mva.maryland.gov, to view their guide to new teen driving laws, permits, and provisional licenses, as well as frequently asked questions. The material in this article is for informational purposes only and does not constitute legal advice.
© Margie Pensak-2012
