Legislature(2003 - 2004)
04/01/2003 02:28 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
April 1, 2003
2:28 p.m.
MEMBERS PRESENT
Representative Jim Holm, Co-Chair
Representative Beverly Masek, Co-Chair
Representative Hugh Fate
Representative Vic Kohring
Representative Dan Ogg
MEMBERS ABSENT
Representative Mary Kapsner
Representative Albert Kookesh
COMMITTEE CALENDAR
HOUSE BILL NO. 93
"An Act relating to boating safety; repealing secs. 3, 5, 7, 9,
11, 14, 16, 18, 20, 23, 26, 27, and 30, ch. 28, SLA 2000; and
providing for an effective date."
- MOVED CSHB 93(TRA) OUT OF COMMITTEE
HOUSE BILL NO. 213
"An Act relating to a provisional driver's license and to
issuance of a driver's license; and providing for an effective
date."
- HEARD AND HELD
CS FOR SENATE BILL NO. 71(TRA)
"An Act relating to funding for transportation projects; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
SENATE BILL NO. 83
"An Act naming the Sven Haakanson, Sr. Airport at Old Harbor."
- SCHEDULED BUT NOT HEARD
PREVIOUS ACTION
BILL: HB 93
SHORT TITLE:REPEAL BOATING SAFETY SUNSET
SPONSOR(S): REPRESENTATIVE(S)WEYHRAUCH
Jrn-Date Jrn-Page Action
02/12/03 0186 (H) READ THE FIRST TIME -
REFERRALS
02/12/03 0186 (H) TRA, STA
02/18/03 (H) TRA AT 1:30 PM CAPITOL 17
02/18/03 (H) <Bill Hearing Postponed to
2/25/03> -- Meeting Canceled
02/25/03 (H) TRA AT 1:30 PM CAPITOL 17
02/25/03 (H) Heard & Held
02/25/03 (H) MINUTE(TRA)
03/27/03 (H) TRA AT 1:30 PM CAPITOL 17
03/27/03 (H) Scheduled But Not Heard
04/01/03 (H) TRA AT 1:30 PM CAPITOL 17
BILL: HB 213
SHORT TITLE:PROVISIONAL DRIVER'S LICENSE
SPONSOR(S): REPRESENTATIVE(S)WEYHRAUCH
Jrn-Date Jrn-Page Action
03/26/03 0640 (H) READ THE FIRST TIME -
REFERRALS
03/26/03 0640 (H) TRA, L&C
03/26/03 0640 (H) REFERRED TO TRANSPORTATION
04/01/03 (H) TRA AT 1:30 PM CAPITOL 17
WITNESS REGISTER
LINDA SYLVESTER, Staff
to Representative Bruce Weyhrauch
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the proposed committee substitute
for HB 93 and presented HB 213 on behalf of Representative
Weyhrauch, the bills' sponsor.
GREGORY BROWNING, Assistant Chief of Police
Juneau Police Department
City and Borough of Juneau
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 213 and answer
questions from the members.
KERRY HENNINGS, Driver Licensing Manager
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 213 and answered
questions from the members.
CHRISTINE ROWINSKI
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 213.
AL NEAR
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 213.
CINDY CASHEN, Director
Mothers Against Drunk Driving, Juneau Chapter
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 213.
WESTON EILER, Senior
Juneau-Douglas High School
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 213.
JOHN GEORGE, Lobbyist
for National Association of Independent Insurers
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 213.
ACTION NARRATIVE
TAPE 03-14, SIDE A
Number 0001
CO-CHAIR JIM HOLM called the House Transportation Standing
Committee meeting to order at 2:28 p.m. Representatives Holm,
Masek, Fate, and Kohring were present at the call to order.
Representative Ogg arrived as the meeting was in progress.
HB 93-REPEAL BOATING SAFETY SUNSET
CO-CHAIR HOLM announced that the first order of business would
be HOUSE BILL NO. 93, "An Act relating to boating safety;
repealing secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, 27, and
30, ch. 28, SLA 2000; and providing for an effective date."
Number 0072
CO-CHAIR MASEK moved to adopt the proposed committee substitute
(CS) Version 23-LS0230\Q, Ford, 3/21/03, as a work draft; she
requested unanimous consent.
CO-CHAIR HOLM announced that without objection Version Q was
before the committee.
Number 0123
LINDA SYLVESTER, Staff to Representative Bruce Weyhrauch, Alaska
State Legislature, spoke on behalf of the bill's sponsor,
explaining that the proposed committee substitute eliminates
non-motorized boats from the requirement for registration. She
reported that this was a compromise that was suitable to the
U.S. Coast Guard (USCG). Ms. Sylvester indicated that Mike
Folkerts from the USCG was available to answer questions.
Number 0205
CO-CHAIR MASEK moved to report the proposed CS for HB 93
[Version 23-LS0230\Q, Ford, 3/21/03] out of committee with
individual recommendations and the accompanying fiscal note.
Number 0235
REPRESENTATIVE KOHRING objected, stating that he appreciated the
sponsor's efforts but his comfort level was not high enough to
warrant support of the legislation. He said that proper
organizations and boating associations have proven that safety
in the boating industry can be promoted and safety training can
be provided without further involvement by government. He said
he had voiced concerns in a previous meeting, when he indicated
that the bill was encroaching on "individual rights, freedoms,
and liberties" and that "it imposes another layer of government
and another layer of rules."
The committee took an at-ease from 2:40 to 2:42 p.m.
Number 0316
CO-CHAIR MASEK said she agreed with Representative Kohring, but
would not object to moving the bill out of committee.
Number 0366
A roll call vote was taken. Representatives Fate, Ogg, Masek,
and Holm voted in favor of reporting the proposed CS for HB 93
[Version 23-LS0230\Q, Ford, 3/21/03] from committee.
Representative Kohring voted against it. Therefore, CSHB
93(TRA) was reported out of the House Transportation Standing
Committee by a vote of 4-1.
HB 213-PROVISIONAL DRIVER'S LICENSE
Number 0377
CO-CHAIR HOLM announced that the next order of business would be
HOUSE BILL NO. 213, "An Act relating to a provisional driver's
license and to issuance of a driver's license; and providing for
an effective date."
Number 0450
LINDA SYLVESTER, Staff to Representative Bruce Weyhrauch, Alaska
State Legislature, spoke on behalf of the bill's sponsor. She
told the committee Representative Weyhrauch introduced HB 213 at
the request of Mothers Against Drunk Drivers (MADD), and while
the bill does not address drunk driving or sanctions for drunk
driving, it is a commonsense approach to addressing a serious
problem every state in the nation is experiencing. That problem
is inexperienced, young, novice drivers, she said.
MS. SYLVESTER explained that under current law when an
individual turns 14 years old he/she can go to the Division of
Motor Vehicles (DMV), take a knowledge test, and get a permit.
That individual is required to hold the permit for six months.
When the individual is 16 years old, he/she can take a road test
and if passed, that 16-year-old is able to go out on the roads
and drive with no restrictions at all. Ms. Sylvester said that
the period of time when a 16-year-old gets a license is a very
dangerous time. She told the members that statistics show that
there is a huge spike in car accidents, fatalities, and
injuries, and HB 213 seeks to address that period of time.
Number 0504
MS. SYLVESTER told the members that HB 213 creates a three-
tiered system that all young drivers will be required to go
through. When a youth who is 14 years old, which is youngest
age an individual can seek to get a driver's license [permit],
he/she takes a knowledge test, and [if passed] a permit is
issued. Ms. Sylvester said there is no change in that part of
the process. However, when an individual is 16 years old and
has had a permit for six months and has taken a road test,
his/her parent will have to certify that the youth has had at
least 50 hours of driving experience, 10 of which are at
nighttime. This would be a simple certification on a form that
his/her parent, employer, or legal guardian must sign. From
that point on, he/she would get a driver's license, but would be
in another tier which allows for a provisional license that
would have restrictions on the individual's ability to drive.
MS. SYLVESTER said that the most important restriction, while it
sounds severe, it is a life-saving step, which would prohibit
these youth from driving with other teenagers in the vehicle.
Statistics show that this is a critical problem. When other
kids are in the car, the driver can be distracted and that is
when accidents happen. This period of time [restriction] would
last for one year. So he/she would be prohibited from having
anyone in the vehicle except his/her parent or an individual who
is over 25 years old. The other restriction is a prohibition on
nighttime driving, from midnight to 5 a.m.; however, there is an
allowance for a work permit. The person will have to state
his/her case to the DMV, similar to the process now in place for
an allowance when a person has a DWI [driving while intoxicated
conviction].
Number 0633
MS. SYLVESTER went on to say that there is one other requirement
in obtaining a provisional license and that is that he/she must
be citation-free for six months prior to application.
MS. SYLVESTER explained that when an individual has had a
provisional license for one year, he/she goes back to DMV to
apply for an unrestricted license. Division of Motor Vehicles
(DMV) would do a check to confirm the individual has had a
provisional license for one year, and to see if there have been
citations of any kind. In order to get an unrestricted license
the individual would have to have a clean record. She said
there is a point system whereby every infraction would result in
points taken away until an individual reaches 12 points [when
the license would be revoked]. She reiterated that because
teenage drivers are novices, they must remain citation-free to
get an unrestricted license. Ms. Sylvester clarified that this
portion of the bill addresses youths who are between 16 and 18
years old. She explained that an adult who had never learned to
drive is not required to go through this process. This bill
would only apply to young drivers.
Number 0748
MS. SYLVESTER told the committee that she knows this is a
startling piece of legislation, but [the merits of implementing
this bill] can be substantiated with research.
Number 0808
GREGORY BROWNING, Assistant Chief of Police, Juneau Police
Department, City and Borough of Juneau, testified in support of
HB 213 and answer questions from the members. Mr. Browning
explained that he received short notice of the hearing and does
not have a lot of statistics with him, but wanted to testify in
support of this bill. He said he believes it is a good,
commonsense approach to saving lives in Alaska. Mr. Browning
told the members he has 24 years' experience as a police officer
and has seen his share of midnight shifts and bad accidents
involving youths.
Number 0848
MR. BROWNING said that there are two parts of the bill that
strike a chord with him in making a lot of sense. Teenagers are
very susceptible to peer pressure and distractions while
driving, and the section that prohibits teenagers from having
other youths in their vehicles [is an important provision]. He
told the committee that even if a good kid is a good driver, [if
that kid is put in a position with] a bunch of kids in the car
late at night, things can happen. He told the committee he has
seen tragedy result from those kinds of circumstances several
times.
Number 0877
MR. BROWNING told the committee that he believes the time
element in the bill, basically prohibiting youths from driving
between midnight and 5 a.m., will be very effective as well. He
said there is very little legitimate reason for youths that age
to be out on the streets that time of night. Driving then tends
to be more for a recreational purpose, rather than a
transportation purpose. He said his opinion is that it is an
invitation for kids to get into trouble and that they are very
much at risk. Mr. Browning summarized his comments by saying
that the Juneau Police Department is supportive of the bill and
believes it is an effective way of reducing fatalities in
Alaska. He said he is fairly confident that most police
departments in the state would agree with him.
Number 0930
REPRESENTATIVE OGG commented that many teens go to proms and
dances and asked what time those functions usually get out.
MR. BROWNING responded that most are out at midnight, but 1 a.m.
would be the latest.
REPRESENTATIVE OGG asked if it would make sense to give youths a
little bit of time to get home from a prom or dance.
MR. BROWNING replied that a field officer would have enough
discretion that he/she would not enforce the law in that
particular case if it were clear the youths were on their way
home from a prom. They might verify that the prom is actually
taking place. He questioned that the law could be designed
around every conceivable event. There may be a way to describe
an exemption beyond work, since there are probably some other
legitimate reasons for youths to be out past midnight, but most
of the time, there is not. They are just out having a good
time, and that is the time they get in trouble.
Number 1012
REPRESENTATIVE OGG commented that he believes the prom is a good
social function for the youths. If the time were moved to 1
a.m., that would cover it.
MR. BROWNING explained that the time period between midnight and
1 a.m. is a dangerous time. He told the committee he has
observed that time and time again. However, he said he agrees
that he would not want to restrict kids from going to a function
like a prom. He said he believes with laws such as this, a
police officer's discretion comes into effect to some degree.
CO-CHAIR HOLM asked about the term "infraction" which is on page
2, line 27, of the bill. He asked Mr. Browning to clarify the
meaning of this term.
MR. BROWNING responded that means it is the lowest level of
violation of Alaska law. It is not even a misdemeanor.
Number 1100
REPRESENTATIVE FATE asked, if it is only an infraction to have
other teenagers in the car, would not a 16-year-old with a
provisional license just go ahead and fill his/her car with
teenagers and be in the same danger that is purported to be in
the first place? What is to prevent that?
Number 1120
MR. BROWNING asked if Representative Fate was proposing that
this be a more serious offense than an infraction.
REPRESENTATIVE FATE responded that he is not proposing that, but
asked what is to prevent youths from [breaking the law] even if
there is a more serious penalty.
MR. BROWNING responded that that could be said of any law.
There will be a penalty in the cost of insurance if they are
caught. He said he believes this is better than nothing.
REPRESENTATIVE FATE commented that he is not so sure this is
better than nothing. Parents may have something to do with
this. He said he does not believe draconian regulations can
ever take the place of good parental training.
MR. BROWNING responded that he agrees with Representative Fate.
Number 1174
KERRY HENNINGS, Driver Licensing Manager, Division of Motor
Vehicles, Department of Administration, testified in support of
HB 213 and answered questions from the members. She said DMV
supports the enhancements of provisional licensing that are
introduced in this bill. Driving is a skill that improves with
experience, and in the case of teenage drivers, improves with
maturity. Ms. Hennings said this bill addresses several issues
and all the steps proposed are steps recommended by the National
Highway Traffic Safety Administration. She said she believes
they have proven to be effective in many cases. This bill sets
up a reward for teenagers with a good driving record because
they do get to move on to the next step and proceed with their
driving career.
MS. HENNINGS commented on earlier testimony about consequences
of infractions. She explained that an infraction for breaking
the rules would stop a teenager from moving on to the next step,
where the driver could have passengers and could get some
benefits by driving safely.
REPRESENTATIVE OGG said his question is really a follow-up to
Representative Fate's question. If an individual does get an
infraction, what happens to his/her license?
MS. HENNING said the infraction would go on his/her driving
record as a violation. It may or may not have a point value.
That has not been determined. What it would mean is that the
individual would have to remain under a provisional license
until the individual could go six months without being cited.
REPRESENTATIVE OGG asked at what point an individual would lose
his/her provisional license so that if he/she continued this
activity, the individual would come under the other laws of the
state.
MS. HENNINGS responded that if there were no points tied to the
citations, he/she would not reach a suspension status unless
there was other driving behavior [which warranted suspension].
Number 1323
CHRISTINE ROWINSKI testified in support of HB 213. She told the
committee she is working with a group who hopes to open a MADD
chapter in Fairbanks, but it is not official yet, so she is
speaking today representing only herself. She said she believes
that HB 213 will help to protect teenagers and asked the
committee to support graduated driver's licenses (GDLs).
Number 1422
AL NEAR testified in support of HB 213. Mr. Near told the
committee that while he is a member of MADD, he is speaking on
his own behalf. He said he did some research on the statistics,
which he shared with the committee. He pointed out that there
is a document that was recently published by the Insurance
Information Institute that provides some interesting national
statistics that come from reliable sources such as the National
Highway Traffic Safety Administration. Mr. Near said he
believes HB 213 will really impact some of these statistics in
Alaska. Motor vehicle accidents are the leading cause of death
of 15-to 20-year-olds. The crash rate for teens ages 16 and 17
is triple the rate of 18- or-19-year-olds. In 2000, more than
40 percent of motor vehicle teenage deaths occurred between 9
p.m. and 6 a.m. Also in 2000, 63 percent of passenger deaths
occurred in crashes when other teen drivers were at the wheel.
Number 1486
MR. NEAR said he believes if HB 213 passes the legislature, each
of these factors will be addressed. The graduated driver's
license concept is new, but has been adopted by three-quarters
of the United States. Florida was the first state to adopt it
in 1996. Since the law was passed there has been a 21 percent
decrease in teenage driver deaths. Mr. Near told the committee
that there has been less time to evaluate the effects in other
states, but similar results are being seen.
MR. NEAR explained that in other countries where the GDL concept
has been in place longer, more comprehensive studies support
these early numbers. In Nova Scotia, where it was implemented
in 1994, there has seen a 51 percent decline in crashes
involving beginner drivers between the ages of 16 to 17 years.
He said 12 new studies released in February by the nonprofit
National Safety Council showed that a tiered licensing approach
reduced teen crashes by 58 percent. Mr. Near summarized his
comments by saying that the GDL concept works and urged the
committee to support HB 213.
Number 1556
CINDY CASHEN, Director, Mothers Against Drunk Driving, Juneau
Chapter, testified in support of HB 213. She told the committee
that MADD advocates all states to adopt laws that would provide
that persons under 21 receive driver's licenses which are more
restrictive than full licenses. MADD urges that violations
would result in driver improvement actions, license revocation,
civil sanctions, criminal sanctions, and penalties. She said
MADD also supports the adoption of GDL privileges for persons
under 21. Ms. Cashen shared her belief that early driving
experiences must be acquired in a low-risk environment with
extended restriction, no alcohol use, seatbelt enforcement,
limitations on nighttime driving, and teenage passengers. She
said she believes that driving is a privilege and not a right.
Number 1615
MS. CASHEN told the members that in the year 2000, Alaskan
drivers between the ages of 16 and 20 were in 3,889 crashes.
The next closest age group was the 20- to-25-year-olds, but that
number dropped to 2,700, a significant difference which means
that 15.9 percent of all traffic crashes occurred with 16- to
20-year-old Alaskans. That is the highest percentage of all age
groups. Ms. Cashen said that the national percentage rates that
Mr. Near shared with the committee match Alaska's rate. She
noted the rates are not going down; they are staying the same or
slightly going up.
Number 1654
MS. CASHEN told the committee as responsible adults, "it is
important to protect our young." The current system is not
working, but with the support of all the agencies there is an
answer to this, which is the graduated driver's license program.
Last year the National Safety Council published a 115-page
summary of an international symposium where directors of
insurance companies, hospitals, legislators, law enforcement,
federal, state, and nonprofit agencies, all of those affected by
young people dying on the roads, met to share and discuss data
on our GDL programs in Canada, New Zealand, and the United
States.
MS. CASHEN shared that there is broad support by both parents
and teenagers who are in GDL programs. In a survey of 520
Ontario parents whose teenagers were involved in GDL programs,
83 percent approved of the program. Eighty-nine percent of the
parents with teens in the learner stage agreed with the program.
In Nova Scotia, a survey of 450 teenagers between the ages of 16
and 18 and 500 parents of teenagers that age found that 87
percent of the parents and 61 percent of the teenagers in the
learner stage voiced approval of the GDL program. She said in
Michigan, teenagers were accumulating more than the required 50
hours of supervised driving practice. In a survey of parents it
was reported that an average 75 hours of practice [took place];
thus parents were taking more time to supervise their student's
driving than required. A California survey showed 81 percent of
parents had driven at least the 50 hours required, 79 percent
said they had met the requirement of 10 hours of practice at
night, and most American parents favor nighttime driving
restrictions. She said she believes these numbers say that the
graduated driver's license is supported by a vast majority of
parents and those teens who are in the program.
Number 1746
MS. CASHEN told the committee that in a recent Juneau "Youth in
Action" survey at the high school, nine out of ten students were
in favor of Representative Weyhrauch's bill. The one student
[who voted against it] was her son, who was mad at her that day,
she said.
MS. CASHEN explained that the infraction portion is an
incentive. She said kids will avoid getting an infraction so
they have a clean record and can move on to the next license.
She said studies show this [incentive] works.
MS. CASHEN commented on an earlier question on the midnight to 1
a.m. crashes by saying that according to the Highway Safety
Division [Alaska Highway Safety Office, Department of
Transportation & Public Facilities], in 2000 Alaskan alcohol-
related highway crashes between midnight and 2 a.m., were 168,
and between 2 a.m. and 4 a.m. were 177. Those two were the
highest numbers. She said that means that between midnight and
2 a.m., 15 percent of crashes occurred. Ms. Cashen said that
schools in other states have set the hours back to accommodate
the time it takes the students to get home from proms, dances,
or other healthy events. She said it has not been a problem,
and the parents and teenagers approve of this change. Ms.
Cashen thanked the committee for hearing the bill and
Representative Weyhrauch for introducing it.
Number 1842
WESTON EILER, Senior, Juneau-Douglas High School, testified in
support of HB 213. He said that he supports this bill because
it creates a way for young drivers to gain driving experience
while minimizing risks to themselves and others. He told the
committee he believes this bill will address the risks facing
young teenage drivers. For instance, he said, teens are more
likely to die from a car crash than from anything else.
Teenagers represent 7 percent of the driving population, yet
constitute 14 percent of all driving fatalities. He said he has
personally observed his peers in Juneau involved in reckless
driving, driving accidents, driving under the influence, and one
incident that resulted in death. This has a substantial impact
on the school and community. Mr. Eiler said that he believes
the graduated driver's license program could make a difference.
It has been adopted by 36 states, Canada, and New Zealand, and
it has been shown to have an impact. For instance, when it was
introduced in North Carolina, the number of 16-year-olds that
were involved in fatal crashes went down by over 57 percent, he
told the committee. This system could be the key to counter-
acting the problems of peer pressure, substance abuse while
driving, and serious accidents and/or death. Mr. Eiler thanked
the committee for the opportunity to testify and urged the
committee to support HB 213.
Number 1982
CO-CHAIR HOLM thank Mr. Eiler for testifying and told him he was
very impressed with his testimony.
REPRESENTATIVE FATE asked Mr. Eiler if there are still driver
education courses in high school.
MR. EILER responded that Juneau-Douglas High School did start a
responsible-driving course this year. He commented that it is
the first driver's education course that he has seen in the
community for years. He explained that he went through a
private school of driving that then helps with a reduction in
insurance premiums; however, that program is in no way
comparable to a school curriculum.
REPRESENTATIVE FATE noted that the sponsor statement says that a
youth may be eligible for a provisional license if the youth has
held a learner's permit for six months and a parent certifies
that the youth has at least 50 hours of driving experience, 10
of which must be at nighttime. He pointed out that there is no
[reference to a] formal driver's education course, such as the
one Mr. Eiler had in the private school, or an educational
program where there is hands-on driving in a high school, or
other public school setting. He asked Ms. Sylvester if that is
an oversight in the bill or is it an intentional [omission].
MS. SYLVESTER responded that it was not an oversight to leave
out driver's education because the research shows that it has a
very negligible effect on accident rates. The research shows
that the most important element for youths to learn how to drive
is to have that steady, wise parent sitting next to them for a
period of time. The effect of a professional driver education
company holding the youth's permit or providing a longer
instructional period can be valuable, she commented.
Number 2050
REPRESENTATIVE FATE asked what the requirement is for
eligibility for a provisional license. It is not the standard
by which a youth must drive, which is something else.
MS. SYLVESTER responded that once the youth has his/her permit,
and has passed the road test, the youth is free to drive alone,
but the only passenger allowed in the vehicle is a passenger
over the age of 25 or a parent.
REPRESENTATIVE FATE replied that he hoped that a formal driver's
education, either private or public, would not be thrust aside
only because it is not embodied clearly in the language of this
legislation.
CO-CHAIR HOLM said that as a former truck driver, he found it
odd that individuals can get driver's licenses, but there is no
requirement that they have to learn how to drive well. He asked
if there is a log mechanism that the parents complete.
MS. SYLVESTER responded that there is no way to verify a log, so
the parent could be completely misrepresenting what has actually
happened. There is no way to enforce or monitor this, but it
gives a guideline of what parents should be doing. She
clarified that nowhere in the discussion was a logbook ever
mentioned.
Number 2132
CO-CHAIR HOLM asked Ms. Sylvester if a representation by the
parent or by the provisional licensee is sufficient.
MS. SYLVESTER said that is correct. When a parent certifies
this statement, there is some liability for perjury involved
because the parents are making a statement to the Division of
Motor Vehicles that the youth has 50 hours of driving
experience, 10 of which were at night. Ms. Sylvester said that
the sponsor would entertain strengthening the language in the
bill.
REPRESENTATIVE OGG inquired about a couple of discrepancies
between the sponsor's statement and the legislation itself. He
noted that the sponsor statement refers to 1 a.m., but the bill
says midnight, and asked if there is some reason why the time
was moved back to midnight. Representative Ogg asked Ms.
Sylvester to clarify this.
MS. SYLVESTER said that midnight was the sponsor's highest hope,
but she said she also has another sponsor statement prepared
with the 1 a.m. deadline. She said she fully imagines that the
1 a.m. time will prevail.
REPRESENTATIVE OGG commented that the sponsor statement does not
refer to the language on page 2, lines 25-26, where it refers to
youths driving to and from their place of employment on the most
direct route available. He pointed out that this is an
exception that allows the youth to drive between midnight and 5
a.m. without the accompaniment of his/her parent. The youth
would have to prove that he/she was going to or from work and
then there would also have to be some discussion as to whether
this is the most direct route. Representative Ogg asked if this
would present a problem for enforcement officers.
MS. SYLVESTER responded that she does not think it would because
it follows the same procedure of a limited license. If there is
a reason for an exemption, the individual would make his/her
case to DMV and DMV would issue a limited license. She
explained that it is a piece of paper that is carried with the
driver. If pulled over, the youth would have to make his/her
case to the police officer. She said the intent is to make this
flexible and work in the real world, and the system is already
in place to issue a restricted license for driving to work.
REPRESENTATIVE FATE said that in the attached appendix there are
several pages of statistics and as he understands it, they are
national statistics. He asked if these [statistics] have been
compared with Alaska's statistics.
MS. SYLVESTER replied that in the back of the packet are
statistics from Alaska that show accidents and injuries. She
asked the members to look at the index of supporting
documentation, which follows the sponsor statement. Ms.
Sylvester told the committee that there is some rough data on
traffic accidents and there are national statistics as well.
MS. SYLVESTER referred to Table A.7[1], "Persons Involved in
2000 Traffic Accidents by Age and Injury Severity," where it
shows that there is a huge spike in traffic accidents between
the ages of 16 and 20.
TAPE 03-14, SIDE B
Number 2355
MS. SYLVESTER shared that her interest in this issue started
many years ago when she was a paralegal for a personal injury
attorney. She said the area of the practice that she managed
was the soft-tissue injuries, which resulted from rear-ending
accidents. She said that she became angry because she would
work with people who would get into "fender-benders" with young
kids. [It was difficult because when] an older person gets into
this kind of an accident and has experienced a whiplash injury,
those people do not recover. She said that for the rest of
their lives they live with the repercussions of these injuries;
however, the young people move on, get a new car from mom and
dad, and do not suffer from the result of these accidents
because their bodies are flexible and not fragile like the older
people.
MS. SYLVESTER shared a terrifying experience she had one night
when coming home from a high school musical with her kids in the
car, and the roads were icy. She said a car full of teenagers
screamed right by her going down Egan Drive, and sure enough,
they were in an accident. The next week the victim in the other
car came [into her office]. She had lost all of her front
teeth, had back pain, and had a broken arm. Ms. Sylvester said
that while this bill will save kids' lives, there are 5,000
accidents [in which there are no fatalities]. She summarized by
saying she believes this bill is the solution to this problem.
Number 2258
JOHN GEORGE, Lobbyist for National Association of Independent
Insurers, testified in support of HB 213 because [provisional
driver's licenses] do work in other states. He said he knows
that most of the members know him as an insurance lobbyist, but
he said he has served 21 years as a volunteer in the fire
department and just retired last year as the fire chief of the
Auke Bay [fire department]. In those years, he went to a lot of
car wrecks between midnight and 5 a.m. and pulled teenagers out,
held their hands, and put them in ambulances, and he said there
is nothing worse. Mr. George said he believes this is an
important step in preventing some of those accidents. He told
the members that one benefit is getting the parents involved
with their teenagers. That involvement is lacking in a lot of
areas. It is beneficial to have the teenager say to his or her
parent, "Let's go driving; I need the experience." The parent
is then there and helping the child develop responsible
attitudes. That is an incredible thing and may carry over to
other areas of their lives.
MR. GEORGE told the members that he is a driver trainer for
Princess Tours, training adults to drive tour buses. He said he
found that adults who drove on the family farm at 12, 13, and 14
years old, and were trained by their parents, are incredibly
good drivers. He went on to say that his experience with those
who did not learn to drive that way often is not that good. For
example, stop signs mean really slow down a lot, and speed
limits are only for guidance. He summarized his comments to say
it really does make a difference in who teaches youths to drive
and parental supervision is really important.
CO-CHAIR HOLM agreed with Mr. George that parental guidance
cannot be discounted.
REPRESENTATIVE FATE said that in some of the statistics it shows
25 percent of fatally injured drivers from ages 16 to 20 in 1995
had a blood alcohol concentration at or above the .10 percent
[limit], even though they were all under the legal drinking age.
He asked Mr. George if there has been any effort to mitigate
that problem, since that problem certainly has compounded the
number of accidents.
MR. GEORGE responded that there are a number of things being
done, but this bill says that if a youth is cited for drunk
driving or receives a ticket, it impairs the youth's ability to
get the unrestricted license, so there is an incentive. There
are a number of bills that have passed and a number that have
been considered. One he recalled was the "use it and lose it"
bill: if an individual were caught drinking, then the youth
could not get a license until he/she turned 18 years old instead
of 16. Mr. George said there needs to be parental control, and
pointed out that kids drink when they are out after midnight.
In Juneau, kids drive out to Eagle Beach and drink a six-pack.
Whenever there is an accident, it is never just one kid in the
car; it is usually three or four [youths] coming back from Eagle
Beach.
Number 2097
REPRESENTATIVE FATE asked if there are formal classes showing
the effects of alcohol on driving, particularly with respect to
high school driver-education courses and private driving
schools.
MR. GEORGE replied that he does not believe there is a mandatory
prescribed outline for driver training. He said he believes any
good program would include it, but is pretty sure there are not
driver training programs in all schools or available in all
areas [of the state]. While Juneau, Anchorage, and Fairbanks
probably have them, he said he believes many of the rural areas
do not. Mr. George summarized by saying he does not believe
there is any mandatory course material, but believes it should
be [included when or if there is].
Number 2049
MS. CASHEN told the committee that there are no mandatory
driver's education classes in the schools. The program was
dropped in the 1980s. Ms. Cashen said that when MADD approached
the Juneau School District about reinstituting the driver's
education program, it was through a nonprofit with a grant, and
is a one-semester class that is not mandatory. She said the
class is very popular with the students and many students are
turned away. The same program is available in the Anchorage
School District, but most schools do not have driver's education
courses because of budget cuts. Ms. Cashen said that most
courses that are available are so expensive that only the upper
class or middle to upper class can afford them. The lower-
income teenagers lose out on that opportunity. She also said
that this is a new job sector that is necessary and could be
met.
CO-CHAIR HOLM announced that that was the end of testimony on HB
213. [HB 213 was held over.]
ADJOURNMENT
Number 1981
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 3:30
p.m.
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