Baby Steps– your legislature in action
This week Colorado’s Governor Owens signed a law that prohibits inexperienced drivers from carrying passengers, and imposes a curfew. Almost. As usual, the allowed-for exceptions tend to water down the law to the point where it will achieve very little.
Looking at it from SG’s perspective (slightly askance), here’s what 16-year-old Johnny can do the minute he gets his license:
Use a cell phone while driving, with his 17-year-old sister and her 21-year-old boyfriend in the back seat. In large areas of the state, the boyfriend can enjoy a cold can of Coors because there is no state “open container” law.
And here’s what Johnny cannot do:
Give his best friend, who lives next-door, a ride to school.
The new law is an excellent example of how good intentions and common sense simply cannot survive the legislative process. Any reasonable person would agree that riding with an inexperienced driver is dangerous, especially if the driver is a teenager, driven by raging hormones and absolutely lacking in maturity and judgement. The number of people killed in accidents where a driver has been licensed for more than 6 months is alarming to the point where a majority of our state legislators felt that something should be done!
The idea is simple– prohibit inexperienced drivers from carrying passengers and keep them off the roads after midnight. The resulting law is anything but simple. Here’s a summary of the new law:
A.Except as provided for below, the law prohibits minor drivers from carrying passengers who are under 21 and unrelated until they have held a license for more than six months,
B. Between 6 months and one year of “experience” they can carry one passenger who is under 21 and not a member of their immediate family.
Exceptions: Neither A nor B applies if:
1. The driver’s parent or legal guardian or “other responsible adult” is in the car.
2. There is a passenger who is over 21 and has had a driver’s license for a year.
3. It’s a medical emergency.
4. All passengers who are under 21 are members of the driver’s immediate family and all of them are wearing a seatbelt.
The second part of the law bans teens from driving between midnight and 5A.M. until they have had a license for a year. Exceptions include having a parent in the car, being on the way to or from an authorized school-related activity or to or from work (and able to prove it), being an emancipated minor.
In fairly typical fashion (for Colorado, anyhow), the cops cannot stop a teen on suspicion of inexperienced driving or being inexperienced and on the road after midnight. They can only be charged with these offenses if they have already been stopped for something else. So enforcement becomes somewhat problematic. If a cop stops a kid for speeding, say, does he have the right to demand identification including proof of age and family relationship from passengers? If the officer can actually satisfy himself that an offense has been committed, he gets to write a two-point ticket.
If you think this new law is pretty much a waste of time and effort, you will be thrilled by a brief summary of its history, from initial introduction to signing (this is taken from the Colorado legislature’s official web site where you can track the progress or lack of progress of any house or senate bill):
History of S36
Summarized History for Bill Number SB05-036
(The date the bill passed to the committee of the whole reflects the date the bill passed out of committee.)
01/12/2005 Introduced In Senate – Assigned to Transportation
01/20/2005 Senate Committee on Transportation Witness Testimony Only
01/25/2005 Senate Committee on Transportation Pass Amended to Senate Committee of the Whole
01/28/2005 Senate Second Reading Laid Over
01/31/2005 Senate Second Reading Laid Over to 02/04/2005
02/04/2005 Senate Second Reading Passed with Amendments
02/07/2005 Introduced In House – Assigned to Transportation & Energy
02/07/2005 Senate Third Reading Passed
03/03/2005 House Committee on Transportation & Energy Pass Unamended to House Committee of the Whole
03/08/2005 House Second Reading Passed with Amendments
03/09/2005 House Third Reading Laid Over Daily
03/10/2005 House Third Reading Passed
03/14/2005 Senate Considered House Amendments – Result was to Not Concur – Request Conference Committee
03/28/2005 First Conference Committee Result was to Adopt Rerevised w/ Amendments
04/07/2005 House Consideration of First Conference Committee Report result was to Adopt Committee Report – Repass
04/11/2005 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report – Repass
04/13/2005 Signed by the President of the Senate
04/13/2005 Signed by the Speaker of the House
04/13/2005 Sent to the Governor
04/21/2005 Governor Action – Signed
Compared to other bills that are documented there, this one had a pretty smooth trip to the governor’s desk.
In a related story, Colorado has also banned the use of cell phones while driving– for drivers operating with a Learner’s Permit.
–SG
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