HB 430 - LICENSING REQUIREMENTS FOR DRIVERS TAPE 94-32, SIDE B Number 000 CHAIRMAN VEZEY called the meeting back to order at 8:50 a.m. Members present were REPRESENTATIVES B. DAVIS and G. DAVIS. CHAIRMAN VEZEY opened HB 430 for discussion. Number 008 REPRESENTATIVE JOE GREEN, SPONSOR OF HB 430, gave a brief statement. He stated the 18th Alaska Legislature works toward providing future jobs for young individuals; however, many teenagers will not reach those jobs because of "the carnage that happens on our highways." (REPRESENTATIVE OLBERG rejoined the meeting at 9:52 a.m.) REPRESENTATIVE GREEN stated he was concerned not because teenagers do not have the reflexes or coordination for driving, but because they lack the maturity to realize that a vehicle is a lethal weapon. HB 430 is an attempt to reduce automobile accidents that are primarily caused by people who either have a disregard for existing laws or have a feeling of indestructibility. REPRESENTATIVE GREEN outlined HB 430 breaks into categories 14-16, 16-18, and 18-21, a system of provisional licensing which allows young people to learn to drive as long as they are accompanied by a licensed driver, 25 years or older. The 16-18 period is an instructional permit period, whereby they can drive by themselves. The 18-21 period is a provision of license. All of the stages are tied to a penalty for abuse. (REPRESENTATIVE ULMER and KOTT rejoined the meeting at 9:54 a.m.) REPRESENTATIVE GREEN continued HB 430 contains provisions to restrict young drivers to not driving during the most accident prone hours, 1 a.m. to 5 a.m. Our current point system, which states an individual is subject to license revocation above 12 points, has been dropped in half to 6 points for the provisional drivers. He directed the committee to the information in their packets, which states the people who are more prone to accidents are between the ages of 13-21. REPRESENTATIVE GREEN mentioned there is a Federal High Risk Drivers Act (FHRDA) expected to pass, and this should give Alaska incentive to pass HB 430 because it may include many similar provisions. Number 122 JUANITA HENSLEY, CHIEF OF DRIVER SERVICES, DEPARTMENT OF PUBLIC SAFETY (DPS), outlined HB 430. She stated HB 430 would place Alaska into a "graduated license system." Statistics show the crash rates, injuries and fatalities drastically increase between the hours of 9 p.m. and 6 a.m., especially among male drivers. The FHRDA was proposed to reduce the carnage on the highways, and she noted it is not a mandate for the states. The FHRDA offers incentives whereby, if the state meets certain criteria, they can apply for grants for the implementation of a program such as HB 430. DPS did not expect HB 430 would have any fiscal impact on Alaska, because if it were to pass, Congress already has incentive moneys in front of it to take care of the implementation. Number 171 REPRESENTATIVE FRAN ULMER asked the status of the money Congress had available to it. Was it pending? MS. HENSLEY answered Congress has the FHRDA before it now; however, there are other grants available which the state could apply for now to implement a program. She mentioned Section 410 grants which the Highway Safety Planning Agency currently receives for alcohol programs. The graduated licensing system would fall under the 410 grant money because it places teen-age drivers in a .00 based alcohol program. Section 402 grant moneys for highway safety programs, which graduated licensing would also fall under. The FHRDA would create additional moneys the state could apply for to implement further driver education. MS. HENSLEY said that Alaska already has a demerit point system in statute for drivers. If the DPS came across a habitual reckless driver, they could request the driver to come in for a driver improvement interview and place certain requirements upon that person. The driver could be required to attend an alcohol information school, a defensive driving course, or watch eight hours of accident films. She noted the state could apply for extra money to go towards buying films to supply the operators of driving schools and defensive driving courses in the state. Number 221 REPRESENTATIVE G. DAVIS asked if a 16-year-old individual would receive a provisional driver's license. Number 226 MS. HENSLEY answered if a person is between 16-18 years old they can receive a provisional driver's license, providing they have held a six month instruction permit. Number 231 REPRESENTATIVE G. DAVIS inquired if the provisional license applied to the restrictive hours, or if they too always had to be accompanied by an adult. Number 234 MS. HENSLEY replied between the ages of 14-16, a licensed driver 25 years or older, would have to accompany the permit driver. Between the ages of 16-18 with a provisional license, a driver would not have to be present. Number 244 REPRESENTATIVE B. DAVIS asked how many states had implemented a program like HB 430. Number 247 MS. HENSLEY directed the committee to the "Young Driver Laws" portion of their packets, for specific documentation on each state's laws. She noted both Oregon and California have an effective provisional license program with nighttime driving restrictions. Their programs have proven to reduce crashes between the ages of 16-19. Number 267 REPRESENTATIVE B. DAVIS clarified the only change in the provisional license status for teenagers would be that they could not drive their cars between 1 a.m. and 5 a.m. Number 270 MS. HENSLEY affirmed REPRESENTATIVE B. DAVIS, and added if they are violating traffic laws they would lose their license after a six point violation. Number 276 REPRESENTATIVE B. DAVIS continued in order to get the provisional license they must first hold an instructional license. Current law allows an individual to just take a test. She asked if a person, regardless of age, would have to first have an instructional permit. Number 281 MS. HENSLEY stated REPRESENTATIVE B. DAVIS was correct. Number 283 REPRESENTATIVE GREEN mentioned if a person had a license from another state with a comparable program, then they would not have to revert back to an instructional license. Number 286 REPRESENTATIVE B. DAVIS clarified everyone in the state would have to have some form of instructional permit for six months. Number 298 REPRESENTATIVE PETE KOTT asked where the statistics were drawn from in reference to the hourly restrictions on night driving. What is the basis they gauge upon to determine the times a teenager should not be on the rode. Number 306 MS. HENSLEY answered the hourly restrictions are a nationwide trend and Alaska's youth are the same as those in the Lower 48. She noted there is a substantial number of individuals who have had their license suspended each year because of an accumulation of points gained during these hours. She offered to research the number of crashes, injury accidents and fatalities, involving the 14-21 age group. She would also look up the societal cost to Alaska. Number 322 REPRESENTATIVE KOTT asked who the hour restrictions would apply to. Number 326 MS. HENSLEY replied hour restrictions apply to those individuals who are ages 14-17. Number 329 REPRESENTATIVE KOTT questioned how the restriction would affect a 16-year-old individual working at McDonald's that did not get off work until 1:30 a.m. MS. HENSLEY responded that person would be in violation of a curfew. The restriction from 1 a.m. to 5 a.m. was imposed because most businesses close at midnight and the extra one hour would allow an individual to get home. Number 338 REPRESENTATIVE KOTT mentioned delivery services for various restaurants as examples. He asked if other states imposed restrictions because of daylight hours, noting that Fairbanks in the summer, would not have that problem. Number 346 MS. HENSLEY answered the restrictions are not based on daylight hours, but driving habits between the hours of 9 p.m. and 6 a.m. Between these hours, teenage driving habits are more reckless and they are involved in more injury and fatal accidents, as compared to the 30-50 year old age group. She noted Illinois restricts from 11 p.m. to 6 a.m., Sunday through Thursday, and 12 a.m. to 6 a.m., Saturday and Sunday. She preferred a consistent seven-day-a-week program to cut down on the hassle for those people trying to enforce the law. She stated several more examples with night hour restrictions. Number 373 REPRESENTATIVE KOTT stated he would like to see the comparison chart for the age groups and their accident rates. He asked if not accepting an individual's license from another state, knowing that a test had been taken to obtain it, would be compromising constitutionally. MS. HENSLEY answered the testing requirement for those individuals with a valid license from another state is waived. Alaska statute, however, gives DPS the discretion to issue every person a driving test if they choose. As long as everyone in the same age bracket is treated the same it is not unconstitutional. Number 401 REPRESENTATIVE KOTT clarified he was referring to the requirement for a one-year instructional permit, noting several states do not have it. He felt those individuals could complete requirements for a driver's license with two months worth of a permit. Number 411 MS. HENSLEY replied the state of Kansas issues a driver's license at the age of 14 and Alaska does not honor it because Alaska statute states a person cannot be licensed until they are 16. Therefore, a 14-year-old individual from Kansas with a valid driver's license could not receive an Alaska driver's license until they reached the age of 16. Number 417 REPRESENTATIVE GREEN clarified the restriction was added not to test the technical ability to drive, but the maturity of the driver. The restrictive hours are meant to reduce the problem Alaska faces with carnage on the highways. He mentioned the problem of young individuals who work late, noting the percentage would be rather low and that laws are made to address the majority. Number 431 REPRESENTATIVE KOTT felt there was a correlation between technical ability and ability. He noticed HB 430 increases the age of the person who must accompany the driver from 19 to 25. Why not a parent? Number 440 MS. HENSLEY responded REPRESENTATIVE KOTT's suggestion was a legislative call. The state of Oregon, for example, is set at 21 for the accompanying driver. She did not see a problem with working on the age of the person who must accompany the driver. Number 447 REPRESENTATIVE GREEN stated insurance companies drop their rates at the age of 25 because of the degree of maturity a driver is supposed to have gained by that age. He noted young drivers do have the benefit of faster reflexes; however, maturity gained with age, hopefully outweighs what is lost in reflexes. Number 472 CHAIRMAN VEZEY asked if the statistics regarding the increase in responsibility were the same for both males and females. REPRESENTATIVE GREEN answered, from his knowledge, they are. Number 474 REPRESENTATIVE G. DAVIS referred to the restricted hours of driving from 1 a.m. to 5 a.m. This restriction was of concern to him because cannery workers tend to work 24 hours a day when the fish are coming in. He noted there are hundreds of workers starting at the age of 16, and they may be restricted from doing some of their normal activities such as going to a minimarket 1-2 miles from the cannery. He emphasized the canneries are only open in the summer months, there is a lot of daylight, and they do not drink during this time. In relation to the young workers at McDonalds, he felt the schedules could be shifted to accommodate them so they could make it home before 1 a.m. Number 507 REPRESENTATIVE ULMER directed the committee to packet information entitled "Young Driver's Law", state law facts of 1993. She noticed many states require a blood alcohol content of .00 or .02 for drivers. She asked if HB 430 might be the appropriate vehicle to add this requirement to state law. MS. HENSLEY replied HB 299, sponsored by REPRESENTATIVE CYNTHIA TOOHEY, has been introduced this session which requires .00 based drug and alcohol driving for anyone under the age of 21. HB 299 is now in House Finance. Number 524 REPRESENTATIVE KOTT added HB 299 relates to everyone in the vehicle, whether they are driving or not. Number 527 CHAIRMAN VEZEY stated he would like a teleconference on HB 430 and it would be rescheduled. Number 531 REPRESENTATIVE B. DAVIS agreed with CHAIRMAN VEZEY. She mentioned the instance of two 17-year-old people married with a child. She wondered how the situation would be handled if the child got sick during the restricted hours and needed to be taken to the hospital in a vehicle. Would the restriction apply to the 17-year-old parents. MS. HENSLEY answered marriage is emancipation which would automatically make them adults. Number 543 CHAIRMAN VEZEY announced HB 430 would be held in committee to be rescheduled.