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Auto Insurance Basics

What is auto insurance?

What is covered by a basic auto policy?

Can I drive legally without insurance?

What if I lease a car?

Do I need insurance to rent a car?

What are the driving laws in my state?

Is there a difference between cancellation and nonrenewal?

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Buying a policy & saving money

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Help! I have to file a claim

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Safety Tips

 

   

Auto Insurance - What are the driving laws in my state?

 

AUTOMOBILE FINANCIAL RESPONSIBILITY LAWS

Most states require car owners to buy a minimum amount of bodily injury and property damage liability insurance before they can legally drive their cars. All states have financial responsibility laws. This means that people involved in an automobile accident will be required to furnish proof of financial responsibility up to certain minimum dollar limits. To comply with financial responsibility laws, most drivers purchase automobile liability insurance. The insurance industry and consumer groups generally recommend a minimum of $100,000 of bodily injury protection per person and $300,000 per accident since accidents may cost far more than the minimum limits mandated by most states.

AUTOMOBILE FINANCIAL RESPONSIBILITY LIMITS AND ENFORCEMENT BY STATE




Proof of insurance required (1)


State

Insurance required (2)

Minimum liability limits (3)

At registration

At time of accident

At all times in vehicle
Insurer verification of insurance (4)
Penalties for non-compliance (first offense)
AL BI & PD Liab 20/40/10 Yes  Yes Yes  None $500 fine, license suspension
AK BI & PD Liab 50/100/25 No No (5) Yes b Registration suspension/revocation (6)
AZ BI & PD Liab 15/30/10 No (7) Yes Yes a,b,d $250 fine
AR BI & PD Liab 25/50/25 Yes No No d $50-$250 fine
CA BI & PD Liab 15/30/5 (8) Yes Yes Yes b $100-$200 fine
CO BI & PD Liab 25/50/15 Yes Yes Yes a,d License suspension, $500 fine
CT BI & PD Liab, UM, UIM 20/40/10 Yes Yes Yes a,d Registration/license suspension/revocation, confiscation of plates, vehicle impoundment, $110-$250 fine
DE BI & PD Liab, PIP 15/30/10 No Yes Yes a,c $1,500-$2,000 fine; six-month license suspension
DC BI & PD Liab, UM 25/50/10 Yes No No a,c $300-$500 fine or maximum 30 days jail
FL PD Liab, PIP 10/20/10 (9) Yes Yes Yes a,d 60-day license revocation, vehicle impoundment for subsequent offense and confiscation of plates in Dade, Broward and Hillsborough counties (6)
GA BI & PD Liab 25/50/25 Yes Yes Yes a 60-day license suspension, registration suspension
HI BI & PD Liab, PIP 20/40/10 No Yes Yes None $1,000 fine
ID BI & PD Liab 25/50/15 No Yes Yes a,c $75 fine
IL BI & PD Liab, UM 20/40/15 Yes Yes Yes a,c $500 fine, 60-day registration suspension (6)
IN BI & PD Liab 25/50/10 Yes Yes No a,b 1-year license and/or registration suspension, $150 reinstatement fee
IA BI & PD Liab 20/40/15 No Yes Yes a $100 fine
KS BI & PD Liab, PIP, UM 25/50/10 Yes No No d $300-$1,000 fine, maximum 6 months jail
KY BI & PD Liab, PIP 25/50/10 Yes Yes Yes d $500-$1,000 fine and/or up to 90 days in jail
LA BI & PD Liab 10/20/10 Yes No (e) Yes a,d $25 fine, up to $500 fine, confiscation of plates (6), vehicle impoundment
ME BI & PD Liab, UM, UIM  50/100/25 (10) No Yes Yes a $100-$500 fine, 30-day license and registration suspension
MD BI & PD Liab, PIP (11), UM 20/40/15 Yes No No a,c up to $1,000 fine and/or 1-year jail
MA BI & PD Liab, PIP, UM 20/40/5 Yes No No a $500 fine (6)
MI BI & PD Liab, PIP 20/40/10 Yes No No a $200 fine (6)
MN BI & PD Liab, PIP, UM, UIM 30/60/10 No Yes Yes c License and/or registration revocation for 6 months (6)
MS BI & PD Liab 25/50/25 No Yes Yes a $500 fine, license and registration suspension
MO BI & PD Liab, UM 25/50/10 Yes Yes Yes a,c License and registration revocation (6)
MT BI & PD Liab 25/50/10 No Yes Yes a $250-$500 fine or not more than 10 days in jail
NE BI & PD Liab 25/50/25 Yes Yes Yes a,d $500 fine (6), license and registration suspension
NV BI & PD Liab 15/30/10 No Yes Yes a,d $100 fine (6)
NH FR only, UM 25/50/25 No No (5) No None None
NJ BI & PD Liab, PIP, UM 15/30/5 (12) No Yes Yes d $300-$1,000 fine, community service, 1-year license suspension
NM BI & PD Liab 25/50/10 Yes No No a,c $100 fine (6)
NY BI & PD Liab, PIP, UM 25/50/10 (13) Yes Yes Yes a,d 1-year license revocation
NC BI & PD Liab 30/60/25 No No No a,d 60-day registration suspension (6)
ND BI & PD Liab, PIP, UM 25/50/25 No No (5) No a $150 fine, registration revocation, license suspension (6)
OH BI & PD Liab 12.5/25/7.5 No Yes Yes a 90-day license suspension, $75 reinstatement fee
OK BI & PD Liab 25/50/25 Yes Yes Yes a Less than $500 fine, less than 6 months jail (6)
OR BI & PD Liab, PIP, UM 25/50/10 No Yes Yes a,c License suspension and/or revocation (6)
PA BI & PD Liab, PIP 15/30/5 No Yes Yes a License and registration suspension, confiscation of plates (6)
RI BI & PD Liab, UM 25/50/25 (9) No No No a,c $100-$500 fine, up to 3 months license/registration suspension
SC BI & PD Liab, UM 15/30/10 Yes Yes Yes a,d $100-$200 fine, less than 30 days jail
SD BI & PD Liab, UM 25/50/25 No Yes Yes a 1-year license suspension (6)
TN FR only 25/50/10 (9) No No Yes (14) a $100 fine
TX BI & PD Liab 20/40/15 Yes Yes * a $175-$350 fine
UT BI & PD Liab, PIP 25/50/15 (9) No Yes Yes a $400 fine
VT BI & PD Liab, UM, UIM 25/50/10 No Yes Yes a Less than $100 fine (6)
VA BI & PD Liab, UM 25/50/20 No No No a,b,c None
WA BI & PD Liab 25/50/10 No No No a $250 fine, community restitution (6)
WV BI & PD Liab, UM 20/40/10 Yes Yes Yes a 30-day license suspension, registration revocation, $200-$5,000 fine
WI FR only, UM 25/50/10 No No No a License and or registration revocation (6)
WY BI & PD Liab 25/50/20 Yes Yes Yes a Up to $750 fine; up to six months in jail
 

(1) Proof of valid insurance.  The form of evidence varies by state and may take the form of an insurance policy, binder, certificate of self-insurance, surety bonds, or certificate of deposit.  Many states require insurance identification cards issued by the insurer.  Self-certification, where the driver is required to identify the insurer and policy number in writing rather than in person, is not included.

(2) Compulsory Coverages:

BI Liab=Bodily injury liability

PD Liab=Property damage liability

UM=Uninsured motorist

PD=Physical damage

Med=First party (policyholder) medical expenses

UIM=Underinsured motorist

PIP=Personal Injury Protection. Mandatory in no-fault states.  Includes medical, rehabilitation, loss of earnings and funeral expenses.  In some states PIP includes essential services such as child care.

FR=Financial responsibility only.  Insurance not compulsory.

(3) The first two numbers refer to bodily injury liability limits and the third number to property liability.  For example, 20/40/10 means coverage up to $40,000 for all persons injured in an accident, subject to a limit of $20,000 for one individual, and $10,000 coverage for property damage.

(4)  a.   Insurer must notify Department of Motor Vehicles or other state agency of cancellation or nonrenewal.

       b.  Insurer must verify financial responsibility or insurance after an accident or arrest.

       c.  Insurer must verify randomly selected insurance policies upon request.

       d.  Insurers must submit entire list of insurance in effect, which may be compared with registrations at a state agency.  Also known as a computer data law.

(5)  Insured must provide evidence of insurance at some point after the accident to the Department of Insurance, other state agency, or law enforcement officer.  Deadlines vary among the states.

(6) Penalties are provided for in the law but may not be mandatory for first offenses.

(7) Proof of insurance must be presented within 30 days of registration.

(8) Low-cost policy limits for Los Angeles and San Francisco low-income drivers in the California Automobile Assigned Risk Plan are 10/20/3; pilot program effective January 1, 2000 until January 1, 2007.

(9) Instead of policy limits, policyholders can satisfy the requirement with a combined single limit policy. Amounts vary by state.

(10) In addition, policyholders must also carry at least $1,000 for medical payments.

(11) May be waived for the policyholder but is compulsory for passengers.

(12) Basic policy (optional) limits are 10/10/5. Uninsured and underinsured motorist coverge not available under the basic policy but uninsured motorist coverage is required under the standard policy.

(13) In addition, policyholders must have 50/100 for wrongful death coverage.

(14) Although legally defined as financial responsibility, Tennessee's law is similar to a compulsory law because drivers can be fined if stopped by police or after crashes if they cannot show proof of financial responsibility.


*SB 1670, effective September 1, 2005 requires the Texas Department of Insurance to establish a vehicle insurance verification system.

Source:  Property Casualty Insurers Association of America; state departments of insurance and motor vehicles.

STATE AUTO INSURANCE LAWS GOVERNING LIABILITY COVERAGE



First-party benefits

Restrictions on lawsuits

Thresholds for lawsuits

“True”
no-fault

Compulsory 

Optional

Yes
No
Monetary

Verbal
Florida X   X     X
Hawaii X   X   X  
Kansas X   X   X  
Kentucky X   X X  (1) X  (1)  
Massachusetts X   X   X  
Michigan X   X     X
Minnesota X   X   X  
New Jersey X   X X  (1)   X (1), (2)
New York X   X     X
North Dakota X   X   X  
Pennsylvania X   X X  (1)   X  (1)
Utah X   X   X  
Puerto Rico X   X   X  
             
Add-on            
Arkansas   X   X    
Delaware X     X    
D.C.   X X (3) X (3)    
Maryland X     X    
New Hampshire   X   X    
Oregon X     X    
South Dakota   X   X    
Texas   X   X    
Virginia   X   X    
Washington   X   X    
Wisconsin   X   X    

(1) “Choice” no-fault state. Policyholder can choose a policy based on the no-fault system or traditional tort liability.
(2) Verbal threshold for the Basic Liability Policy and the Standard Policy where the policyholder chooses no-fault. The Basic Policy contains lower amounts of coverage.
(3) The District of Columbia is neither a true no-fault nor add-on state. Drivers are offered the option of no-fault or fault-based coverage, but in the event of an accident a driver who originally chose no-fault benefits has 60 days to decide whether to receive those benefits or file a claim against the other party.

Source: American Insurance Association.

  • In the following 28 states auto liability is based on the traditional tort liability system. In these states, there are no restrictions on lawsuits:

    Alabama
    Alaska
    Arizona
    California
    Colorado
    Connecticut
    Georgia
    Idaho
    Illinois
    Indiana
    Iowa
    Louisiana
    Maine
    Mississippi
    Missouri
    Montana
    Nebraska
    Nevada
    New Mexico
    North Carolina
    Ohio
    Oklahoma
    Rhode Island
    South Carolina
    Tennessee
    Vermont
    West Virginia
    Wyoming

 

SEAT-BELT LAWS

Only 22 states and the District of Columbia have a primary seat-belt enforcement law, which allows law enforcement officers to stop a car for noncompliance with seat-belt laws. Most states have secondary laws; officals can only issue seat-belt violation if they stop motorists for other infractions. New Hampshire is the only state that does not have a seat-belt law that applies to adults.
  • Seat-belt use reached a record 82 percent nationwide in June 2005. States with primary seat-belt laws had an average 85 percent usage rate, versus 75 percent in states with secondary laws.

 

STATE SEAT-BELT USE LAWS


State

Enacted Legislation Effective Date

2004 Usage Rate (1)

Primary Enforcement (2)

Additional Information (3)
Alabama 6/1/2000 80.0% X $25 fine; front seat only
Alaska 9/12/1990 76.7   $15 fine; all seats; damage mitigation by case law only
Arizona 1/1/1991 95.3   damage mitigation; $10 fine; all seats
Arkansas 7/15/1991 64.2   $25 fine; front seat only
California 1/1/1986 90.4 X $20 fine; all seats
Colorado 7/1/1987 79.3   $15 fine; front seat only; limited damage mitigation
Connecticut 1/1/1986 82.9 X $15-$37 fine; front seat only
Delaware 1/1/1992 82.3 X $25 fine; all seats
D.C. 12/12/1985 87.1 X $50 fine; all seats
Florida 7/1/1986 76.3   damage mitigation; $30 fine; all seats
Georgia 9/1/1988 86.7 X $15 fine; all seats
Hawaii 12/16/1985 95.1 X $45 fine; all seats
Idaho 7/1/1986 74.0   $25 fine; all seats 
Illinois 7/1/1985 83.0 X $25 fine; front seat only (4)
Indiana 7/1/1987 83.4 X $25 fine; front seat only 
Iowa 7/1/1986 86.4 X damage mitigation up to 5% max; $10 fine; front seat only
Kansas 7/1/1986 68.3   $10 fine; front seat only
Kentucky 7/13/1994 66.0   $25 fine; all seats
Louisiana 7/1/1986 75.0 X $25 fine; front seat only
Maine 12/27/1995 72.3   $50 fine; all seats
Maryland 7/1/1986 89.0 X $25 fine; front seat only
Massachusetts 2/1/1994 63.3   $25 fine; all seats
Michigan 4/1/2000 90.5 X damage mitigation up to 5% max; $25 fine; all seats
Minnesota 10/1/1986 82.1   $25 fine; front seat only
Mississippi 3/20/1990 63.2 (5) $25 fine; all seats
Missouri 9/28/1985 75.9 (5) damage mitigation up to 1% max; $10 fine; all seats
Montana 10/1/1987 80.9   $20 fine; all seats
Nebraska 1/1/1993 79.2   damage mitigation up to 5% max; $25 fine; front seat only
Nevada 7/1/1987 86.6   $25 fine; all seats
New Hampshire   NA   under 18 yrs old: $25 fine
New Jersey 5/1/2000 82.0 X $20 fine; damage mitigation; all seats
New Mexico 1/1/1986 89.7 X $25 fine; all seats
New York 12/1/1984 85.0 X damage mitigation; $50 fine; all seats
North Carolina 10/1/1985 86.1 X $25 fine; front seat only 
North Dakota 7/14/1994 67.4   damage mitigation; $20 fine; front seat only
Ohio 5/6/1986 74.1   damage mitigation; $20-$30 fine; front seat only
Oklahoma 2/1/1987 80.3 X $20 fine; front seat only
Oregon 12/7/1990 92.6 X damage mitigation; $75 fine; all seats 
Pennsylvania 11/23/1987 81.8   $10 fine; front seat only
Rhode Island 6/1/1991 76.2 (5) $57 fine; all seats 
South Carolina 7/1/1989 65.7 X* $10 fine; all seats
South Dakota 1/1/1995 69.4   $20 fine; front seat only
Tennessee 4/21/1986 72.0 X up to $50 fine
Texas 9/1/1985 83.2 X $200 fine; all seats
Utah 4/28/1986 85.7 (5) $45 fine; all seats
Vermont 1/1/1994 79.9   $25 fine; all seats
Virginia 1/1/1988 79.9   $25 fine; front seat only
Washington 6/11/1986 94.2 X $37 fine; all seats
West Virginia 9/1/1993 75.8   damage mitigation up to 5% max for medical expenses only; $25 fine; all seats
Wisconsin 12/1/1987 72.4   damage mitigation up to 15% max; $10 fine; all seats
Wyoming 6/8/1989 70.1   $10-$25 fine; all seats 
United States   80.0    

(1) Surveys used by states must be actual observation of shoulder belt use by drivers and front seat passengers.
(2) Primary enforcement means police may stop a vehicle and issue a fine for noncompliance with seat belt laws.  In other states, the law provides for secondary enforcement.  This means that police may issue a fine for not wearing a seat belt only if the vehicle has been stopped for other traffic violations.
(3) Applies to motor vehicle operators and passengers who are 16 years old and older.  Damage mitigation means that a violation may result in damages, a legal term meaning court awarded compensation for injury, being reduced up to a certain percentage.  Fines are the maximum allowed by law.
(4) All seats if driver is under 18.
(5) Primary enforcement for children; ages vary.

*Effective 12/9/2005.

NA=Data not available.

Source: National Highway Traffic Safety Administration, U.S. Department of Transportation; Insurance Institute for Highway Safety.

DRUNK DRIVING LAWS

By 2004 every state and the District of Columbia had lowered the limit defining drunk driving from 0.10 BAC (blood-alcohol content) to 0.08.
STATE LAWS CURBING DRUNK DRIVING


 
License revocation


State

Admin. Iicense rev./ susp. (1)

Manda-tory 90-day license rev./ susp. (2)

Open con-tainer law (3)

Prelim. breath test permit-ted by law

DWI plea bargain-ing prohib-ited
Alabama X X X    
Alaska X X X (4) X  
Arizona X X X X X
Arkansas X X     X
California X X X X X
Colorado X X X X X
Connecticut X X      
Delaware X X   X  
D.C. X X X X  
Florida X X X X X (5)
Georgia X X X   X
Hawaii X X X X (5) X
Idaho X X X    
Illinois X X X X  
Indiana X X X X (5)  
Iowa X X X X  
Kansas X   X (4) X X
Kentucky     X X X (5)
Louisiana X X X    
Maine X X X    
Maryland X   X X  
Massachusetts X X X    
Michigan X   X X X (5)
Minnesota X X X X  
Mississippi X X   X X
Missouri X     X  
Montana     X X  
Nebraska X X X X  
Nevada X X X X X
New Hampshire X X X X  
New Jersey     X   X (6)
New Mexico X X X   X (5)
New York (7)   X X X
North Carolina X   X X  
North Dakota X X X X  
Ohio X X X    
Oklahoma X X X (4)    
Oregon X X X   X
Pennsylvania     X X X (5)
Rhode Island     X (4) X  
South Carolina X   X    
South Dakota     X X  
Tennessee     X (4)    
Texas X X X    
Utah X X X    
Vermont X X X X  
Virginia X     X  
Washington X X X    
West Virginia X X   X  
Wisconsin X X X X  
Wyoming X X X (4)   X

(1) On-the-spot drivers license suspension or revocation if BAC is over the legal limit or the driver refuses to take a BAC test.
(2) Mandatory penalty for violation of the implied consent law, which means that drivers who refuse to take a breath alcohol test when stopped or arrested for drunk driving will have their license revoked or suspended.
(3) Prohibits unsealed alcohol containers in motor vehicle passenger compartments for all occupants. Arresting officer not required to witness consumption.
(4) Applies only to the driver.
(5) With limitations or conditions.
(6) Not specifically for drunk driving; Attorney General has established a no plea bargain policy.
(7) Administrative license suspension lasts until prosecution is complete.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration; Insurance Institute for Highway Safety; Property Casualty Insurers Association of America; Insurance Information Institute.

  • All states and the District of Columbia have adopted 21 as the legal drinking age.

  • All states have lower limits for under-21 drivers, most between 0.00 and 0.02 BAC.

  • In 2004, 16,694 traffic deaths were alcohol-related, down 2.4 percent from 17,105 in 2003.

  • A death is considered alcohol-related when any person involved in the accident had some measure of alcohol in his or her blood, even if it was below the legal limit.

  • In 2004, 39 percent of all traffic fatalities were alcohol-related, down from 40 percent in 2003.

  • A major factor in the long-term downward trend in alcohol-related fatalities is the enactment, beginning in the 1980s, of state laws designed to deter drunk driving such as:

    Requiring persons to be at least 21 years old before they can purchase alcohol

    Mandatory drivers license revocation when a driver's BAC level is above the state's legal limit

    Lowering the legal BAC level to 0.08

    Prohibiting open containers of alcoholic beverages in motor vehicles

    Increasing measures to prevent under-age drivers from obtaining alcohol

    Canceling the vehicle registration of drivers who have had their licenses suspended or revoked due to alcohol-related offenses

    Instituting sobriety checkpoints.

 

OLDER DRIVERS

“Older” drivers (age 70 and older) have higher rates of fatal crashes, based on estimated annual travel, than any other group except young drivers, according to the U.S. Department of Transportation, in part because they are less likely to survive the trauma of an accident.

Recognizing the higher crash rates and the need for older
drivers to retain their mobility and independence, some states issue restricted licenses. Depending on ability, older drivers may be limited to driving during daylight hours or on nonfreeway types of roads. In most states, restrictions such as these can be placed on anyone’s drivers license, regardless of age, if their medical condition warrants it.
STATE DRIVERS LICENSE RENEWAL LAWS INCLUDING REQUIREMENTS FOR OLDER DRIVERS



Require retest for renewals at all ages (1)

Age at which states require older drivers to pass tests



State

Vision

Road

Know-
ledge

Medical

Vision

Road

Know-
ledge

Medical
Require doctors to report medical conditions (2)
Age limits on mail renewal
Alabama                    
Alaska X (3) X              69
Arizona X (3)     65          70
Arkansas X                  
California X (3) X (3)         X (4) 70
Colorado X (3) (3) X            66
Connecticut         65          65
Delaware   (3) (3) (3) (3) (3) (3) (3) X  
D.C.         70 75 75 70    
Florida X (3) (3)   80          
Georgia X     (3)         X  
Hawaii X (3)   (3)   (3) (3)  (3)    
Idaho X (3)   (3)            
Illinois (5)   (3)   75        
Indiana       (3)       (3)    
Iowa   (3) (3) (3)            
Kansas X (3) X              
Kentucky   (3)   (3)            
Louisiana X (3) X              70
Maine         40, 62 (6)          
Maryland X (3) (3)    40     (3)    
Mass.                    
Michigan X (3) X (3)            
Minnesota X                
Mississippi   (3) (3)              
Missouri X                  
Montana X (3)                
Nebraska X (3) (3)              
Nevada X (7) (3) (3)   65     70 (8)  X  
N. Hampshire X         75        
New Jersey (9)               X  
New Mexico                    
New York   (3) (3) (3)            
North Carolina X (3) (3)            
North Dakota X (3) (3)              
Ohio X (3) (3) (3)            
Oklahoma (9)                  
Oregon         50       X  
Pennsylvania (10)     (8) 45 (11)     45 (11) X  
Rhode Island X (3)   (3)            
South Carolina X (3) (3) (3) 65          
South Dakota X                  
Tennessee (12)                   
Texas X     (3)            
Utah   (3) (3) 65       X  
Vermont                    
Virginia X   (3)   80          
Washington (3) (3) (3) X            
West Virginia                 X  
Wisconsin   (3)   (3)            
Wyoming X (3) (3)              

(1) Periodic retests.  Some states will waive vision retests for mail renewal or clean-record drivers.
(2) Physicians must report physical conditions that might impair driving skills.
(3) Retesting only for cause, e.g., after specific number of accidents or other points and infractions, for specific physical conditions; sometimes at examiner’s discretion.
(4) Specifically requires doctors to report a diagnosis of dementia.
(5) 8-year vision re-examination.
(6) Vision tests are required at first renewal at age 40; at every second renewal after age 40; at every renewal after age 62.
(7) Except for in-state renewals by mail, unless applicant is over 70.
(8) Renewing by mail.
(9) 10 percent of all renewals are screened.
(10) 10 percent of drivers at or over 45 randomly chosen for medical and/or vision test. 
(11) Random re-examination at specified age.
(12) Will retest at renewal for nonspecified cause.

Source:  U.S. Department of Transportation, Federal Highway Administration; AARP; American Automobile Association; American Association of Motor Vehicle Administrators; Insurance Institute for Highway Safety.

YOUNG DRIVER LAWS

Young drivers account for a disproportionate number of motor vehicle crashes. States are increasingly adopting laws to help lower the crash rate. One approach has been to lower blood alcohol content (BAC) limits so those young drivers who drink even small amounts of alcohol will be penalized. Another has been to require young drivers the privilege of a drivers license to require a more rigorous learning period before granting young drivers the priviledge of a drivers license. This has been done by requiring young drivers between the ages of 15 and 18 to apply for a graduated drivers license (GDL) to help them improve their driving skills and habits before receiving full driving privileges.

Graduated licensing as defined by the National Highway Traffic Safety Administration consists of three stages. Some of the requirements and recommendations included in Stage 1 (learner’s permit) are a vision test, a road knowledge test, driving accompanied by a licensed adult, safety-belt use by all vehicle occupants, a zero BAC level, and six months with no crashes or convictions for traffic violations. Stage 2 (intermediate license) includes the completion of Stage 1, a behind-the-wheel road test, advanced driver education training, driving accompanied by a licensed adult at night, and 12 consecutive months with no crashes or convictions for traffic offenses before reaching Stage 3 (full license).

About forty jurisdictions have three-stage graduated licensing systems. A handful of other states have enacted some components of graduated licensing.
  • Motor vehicle crashes are the leading cause of death among 15- to 20-year olds.

  • Among licensed drivers, young people between the ages of 15 and 20 have the highest rate of fatal crashes relative to other age groups, including the elderly.

  • Immaturity and lack of driving experience are the two main factors leading to the high crash rate among teens. Graduated licensing laws have been successful in reducing teen motor vehicle accidents, according to the Insurance Institute for Highway Safety.

     

STATE YOUNG DRIVER LAWS (1)


Graduated Licensing (2)


State

Learners permit required for a minimum period

Intermediate or provisional license required

Restrictions on night driving (3)

Passenger restrictions (4)
Driver may not operate a cell phone in learner and intermediate stages
Alabama 6 months X X X  
Alaska 6 months X X X  
Arizona 5 months        
Arkansas 6 months X      
California 6 months X X X  
Colorado 12 months X X X (9) X
Connecticut 6 months (5) X X X X (11)
Delaware 6 months X X X X
Dist. of Columbia 6 months X X X X (11)
Florida 12 months X X    
Georgia 12 months X X X  
Hawaii* 6 months X X X  
Idaho 4 months X X    
Illinois 3 months X X X X
Indiana 2 months X X X  
Iowa 6 months X X    
Kansas 6 months        
Kentucky 6 months        
Louisiana 6 months X X    
Maine 6 months X X X X
Maryland 6 months X X X X
Massachusetts 6 months X X X  
Michigan 6 months X X    
Minnesota 6 months X     X
Mississippi 6 months X X    
Missouri 6 months X X    
Montana 6 months X X X  
Nebraska   X X    
Nevada 6 months (6) X X X  
New Hampshire 3 months (7) X X X  
New Jersey 6 months X X X X (11)
New Mexico 6 months X X X  
New York 6 months (8) X X X X (11)
North Carolina 12 months X X (10) X  
North Dakota 6 months        
Ohio 6 months X X    
Oklahoma 6 months X X X  
Oregon 6 months X X X  
Pennsylvania 6 months X X    
Rhode Island 6 months X X X  
South Carolina 6 months X X X  
South Dakota 6 months (5) X X    
Tennessee 6 months X X X X
Texas 6 months X X X X
Utah   X X X  
Vermont  12 months X   X  
Virginia 9 months X X X  
Washington 6 months X X X  
West Virginia 6 months X X X  
Wisconsin 6 months X X X  
Wyoming 10 days X X X  

(1) Designed to aid young novice drivers between the ages of 15 and 18 gain driving experience.  To date they apply only to drivers under the age of 18. All states have lower blood alcohol content laws for under-21 drivers which range from none to 0.02, in contrast with 0.08 for drivers over the age of 21 in all states.

(2) Graduated licensing as defined by the National Highway Traffic Safety Administration.

(3)
Vary by state with regard to age of driver, night hours that driving is restricted, and who must accompany driver during night hours.  Exceptions may be made for work, school activities or emergencies.

(4) Limits the number of passengers a young driver may have in the vehicle to eliminate distractions.

(5) Required for a shorter period if driver has taken a drivers education course.

(6) Driver education required of all licensed applicants under age 18 unless there is no program within a 30-mile radius of the applicant's residence.

(7) New Hampshire does not issue learner’s permits.  The minimum holding period refers to the intermediate license for 16-and 17-year-olds for the first 3 months only.

(8) Minimum holding period applies to the limited junior driver license for permit holders who pass a road test and certify 20 or more hours of practice; with some restrictions.

(9) For the first six months, newly licensed teen drivers must not transport under-21 passengers unless a licensed driver over age 21 is present. During the next six months, teen drivers may transport only one under-21 passenger.

(10) For the first six months after a learner’s permit is issued.  Thereafter there are no restrictions.

(11) Laws ban all drivers from using handheld cell phones.

* Effective 1/9/2006.

 

Source: Insurance Institute for Highway Safety; U.S. Department of Transportation, National Highway Traffic Safety Administration; National Conference of State Legislatures; Insurance Information Institute.

 

 

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