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Kyleigh's Law

Kyleigh's Law (S2314) is a motor vehicle law in New Jersey that requires any driver under age 21 who holds a permit or probationary driver's license to display a $4 pair of decals on the top left corner of the front and rear license plates of their vehicles. The decals were mandatory as of May 1, 2010. This law prohibits drivers under the age of 21 from driving between 11:01 pm and 5:00am. If pulled over, a first or second offense can subject the driver to a $25 fine, whereas a third offense earns 2 points on the driver's license, and a 4th offense puts the teen driver on probation and takes away their license for up to 6 months. This law is in effect in New Jersey as of May 2010.[1]

The red, detachable decals are 1 by 1+12 inches (25 mm × 38 mm) and are to be attached to license plates. The decal is intended to identify the driver's provisional license status to the police so they may identify possible law-breakers more easily.[2] The law is named for Kyleigh D'Alessio, a 16-year-old killed in a 2006 Washington Township, Morris County crash in which another teen was driving. The 17-year-old driver of that vehicle was violating the then-current GDL restrictions by driving with three passengers when he was limited to only one (one of the passengers was his brother who was not included in passenger restrictions).[3][4]

Probationary license restrictions edit

An additional law (S-16) signed at the same time as Kyleigh's Law and effected simultaneously alters the restrictions already set forth in New Jersey with the GDL (Graduated Driver's License) system.

Previous restrictions edit

  • The holder of a provisional license shall be permitted to operate the passenger automobile with only one additional passenger in the vehicle, except that this passenger restriction shall not apply when either the holder of the provisional license or one other passenger is at least 21 years of age.
  • The holder of the provisional license who is under 21 years of age shall not drive during the hours between 11:01 p.m. and 5 a.m.; provided however, that this condition may be waived for an emergency which, in the judgment of local police, is of sufficient severity and magnitude to substantially endanger the health, safety, welfare or property of a person or for any bona fide employment or religion-related activity if the employer or appropriate religious authority provides written verification of such activity in a manner provided for by the chief administrator.
  • The holder of the provisional license shall not use any interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway. "Use" shall include, but not be limited to, talking or listening on any interactive wireless communication device or operating its keys, buttons or other controls.
  • The holder of the provisional license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system.

Restrictions under Kyleigh's Law edit

  • The holder of a probationary license shall be permitted to operate the passenger automobile with only one additional passenger in the vehicle besides any dependent of the probationary license holder, except that this passenger restriction shall not apply when the holder of the probationary license is at least 21 years of age or the probationary license holder is accompanied by a parent or guardian.
  • The holder of the probationary license who is under 21 years of age shall not drive during the hours between 11:01 p.m. and 5 a.m.; provided however, that this condition may be waived for an emergency which, in the judgment of local police, is of sufficient severity and magnitude to substantially endanger the health, safety, welfare or property of a person or for any bona fide employment or religion-related activity if the employer or appropriate religious authority provides written verification of such activity in a manner provided for by the chief administrator.
  • The holder of the probationary license shall not use any hand-held or hands-free interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway. "Use" shall include, but not be limited to, talking or listening on any hand-held or hands-free interactive wireless communication device or operating its keys, buttons or other controls.
  • The holder of the probationary license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system.
  • Red stickers must be worn on front and back license plates of the car identifying the bearer as holding a probationary license. S2314

Failure to comply with any of these restrictions results in a $100 fine if pulled over. S-16

Controversy edit

Some New Jersey residents think the law may actually put teen drivers in greater danger. The red color sticker on the license plates could be used by criminals, predators, and sex offenders stalking the roads for potential teenage victims. They also cite the possibility of police profiling though law enforcement denies this will occur.[5] These arguments were included in the motion to repeal the law, but Judge Robert Brennan dismissed the motion and allowed the law to take effect.[6]

Opponents of the law cite the unintended consequences in Florida, where a similar law for rental cars, passed in the 1990s, resulted in nine tourists attacked and murdered because the license plates identified the rental vehicles to criminals who targeted the out-of-town drivers unfamiliar with their surroundings and possibly carrying a lot of cash.[7]

National Youth Rights Association, calling the law "discriminatory and dangerous," is encouraging all New Jersey motorists, including those not required to do so, to place the decals on their license plates.[8]

The law has been met with widespread noncompliance across the state. As of May 11, 2010 only about 2 in 5 of those who were required to have the stickers had purchased them. On May 13, 2010 a rally was held in Morris County by teens, as well as parents and grandparents, calling for a repeal of the law. In addition, reports of stolen stickers have surfaced.[9]

On August 6, 2012 the New Jersey Supreme Court upheld the decal requirement of Kyleigh's Law, saying that it does not violate the federal Driver's Privacy Protection Act which says that the fact that a driver is under 21 and holds a learner's permit, examination permit, or probationary license can be disclosed. The courts said "the driver's age group constitutes neither 'highly restricted personal information' within the meaning of (the federal law) nor 'personal information' within the meaning of" the federal law. "The young drivers subject to (Kyleigh's Law) have no reasonable expectation of privacy in their age group because a driver's age group can generally be determined by his or her physical appearance, which is routinely exposed to public view."[10]

See also edit

  • L-plates — similar systems used internationally

References edit

  1. ^ "Young driver decals mandatory May 1". News 12 New Jersey. March 8, 2010. Archived from the original on July 11, 2012. Retrieved March 8, 2010.
  2. ^ S2314
  3. ^ . Archived from the original on 2012-10-17. Retrieved 2012-08-05.
  4. ^ "New York City and Tri-State News from WABC-TV 12/22/06 | 7online". Archived from the original on January 24, 2013. Retrieved August 5, 2012.
  5. ^ . Archived from the original on April 14, 2010. Retrieved April 14, 2010. {{cite web}}: Missing or empty |title= (help)
  6. ^ "N.J. officials reveal Kyleigh's Law license plate decals for young drivers". 25 March 2010.
  7. ^ . Archived from the original on September 10, 2012. Retrieved April 18, 2010. {{cite web}}: Missing or empty |title= (help)
  8. ^ http://www.dailyrecord.com/article/20100428/UPDATES01/100428055/1005/NEWS01/National+youth+rights+group+urges+NJ+drivers+to+sabotage++Kyleigh+s+Law+[dead link]
  9. ^ "N.J. parents, teens protest against Kyleigh's Law at Morris County lawmakers' offices". 14 May 2010.
  10. ^ "N.J. Supreme Court upholds decal law for young drivers". 7 August 2012.

kyleigh, s2314, motor, vehicle, jersey, that, requires, driver, under, holds, permit, probationary, driver, license, display, pair, decals, left, corner, front, rear, license, plates, their, vehicles, decals, were, mandatory, 2010, this, prohibits, drivers, un. Kyleigh s Law S2314 is a motor vehicle law in New Jersey that requires any driver under age 21 who holds a permit or probationary driver s license to display a 4 pair of decals on the top left corner of the front and rear license plates of their vehicles The decals were mandatory as of May 1 2010 This law prohibits drivers under the age of 21 from driving between 11 01 pm and 5 00am If pulled over a first or second offense can subject the driver to a 25 fine whereas a third offense earns 2 points on the driver s license and a 4th offense puts the teen driver on probation and takes away their license for up to 6 months This law is in effect in New Jersey as of May 2010 1 The red detachable decals are 1 by 1 1 2 inches 25 mm 38 mm and are to be attached to license plates The decal is intended to identify the driver s provisional license status to the police so they may identify possible law breakers more easily 2 The law is named for Kyleigh D Alessio a 16 year old killed in a 2006 Washington Township Morris County crash in which another teen was driving The 17 year old driver of that vehicle was violating the then current GDL restrictions by driving with three passengers when he was limited to only one one of the passengers was his brother who was not included in passenger restrictions 3 4 Contents 1 Probationary license restrictions 1 1 Previous restrictions 1 2 Restrictions under Kyleigh s Law 2 Controversy 3 See also 4 ReferencesProbationary license restrictions editAn additional law S 16 signed at the same time as Kyleigh s Law and effected simultaneously alters the restrictions already set forth in New Jersey with the GDL Graduated Driver s License system Previous restrictions edit The holder of a provisional license shall be permitted to operate the passenger automobile with only one additional passenger in the vehicle except that this passenger restriction shall not apply when either the holder of the provisional license or one other passenger is at least 21 years of age The holder of the provisional license who is under 21 years of age shall not drive during the hours between 11 01 p m and 5 a m provided however that this condition may be waived for an emergency which in the judgment of local police is of sufficient severity and magnitude to substantially endanger the health safety welfare or property of a person or for any bona fide employment or religion related activity if the employer or appropriate religious authority provides written verification of such activity in a manner provided for by the chief administrator The holder of the provisional license shall not use any interactive wireless communication device except in an emergency while operating a moving passenger automobile on a public road or highway Use shall include but not be limited to talking or listening on any interactive wireless communication device or operating its keys buttons or other controls The holder of the provisional license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system Restrictions under Kyleigh s Law edit The holder of a probationary license shall be permitted to operate the passenger automobile with only one additional passenger in the vehicle besides any dependent of the probationary license holder except that this passenger restriction shall not apply when the holder of the probationary license is at least 21 years of age or the probationary license holder is accompanied by a parent or guardian The holder of the probationary license who is under 21 years of age shall not drive during the hours between 11 01 p m and 5 a m provided however that this condition may be waived for an emergency which in the judgment of local police is of sufficient severity and magnitude to substantially endanger the health safety welfare or property of a person or for any bona fide employment or religion related activity if the employer or appropriate religious authority provides written verification of such activity in a manner provided for by the chief administrator The holder of the probationary license shall not use any hand held or hands free interactive wireless communication device except in an emergency while operating a moving passenger automobile on a public road or highway Use shall include but not be limited to talking or listening on any hand held or hands free interactive wireless communication device or operating its keys buttons or other controls The holder of the probationary license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system Red stickers must be worn on front and back license plates of the car identifying the bearer as holding a probationary license S2314 Failure to comply with any of these restrictions results in a 100 fine if pulled over S 16Controversy editSome New Jersey residents think the law may actually put teen drivers in greater danger The red color sticker on the license plates could be used by criminals predators and sex offenders stalking the roads for potential teenage victims They also cite the possibility of police profiling though law enforcement denies this will occur 5 These arguments were included in the motion to repeal the law but Judge Robert Brennan dismissed the motion and allowed the law to take effect 6 Opponents of the law cite the unintended consequences in Florida where a similar law for rental cars passed in the 1990s resulted in nine tourists attacked and murdered because the license plates identified the rental vehicles to criminals who targeted the out of town drivers unfamiliar with their surroundings and possibly carrying a lot of cash 7 National Youth Rights Association calling the law discriminatory and dangerous is encouraging all New Jersey motorists including those not required to do so to place the decals on their license plates 8 The law has been met with widespread noncompliance across the state As of May 11 2010 only about 2 in 5 of those who were required to have the stickers had purchased them On May 13 2010 a rally was held in Morris County by teens as well as parents and grandparents calling for a repeal of the law In addition reports of stolen stickers have surfaced 9 On August 6 2012 the New Jersey Supreme Court upheld the decal requirement of Kyleigh s Law saying that it does not violate the federal Driver s Privacy Protection Act which says that the fact that a driver is under 21 and holds a learner s permit examination permit or probationary license can be disclosed The courts said the driver s age group constitutes neither highly restricted personal information within the meaning of the federal law nor personal information within the meaning of the federal law The young drivers subject to Kyleigh s Law have no reasonable expectation of privacy in their age group because a driver s age group can generally be determined by his or her physical appearance which is routinely exposed to public view 10 See also editL plates similar systems used internationallyReferences edit Young driver decals mandatory May 1 News 12 New Jersey March 8 2010 Archived from the original on July 11 2012 Retrieved March 8 2010 S2314 Kyleigh s Law Protecting or Targeting Young New Jersey Drivers Law Firm Drazin and Warshaw P C Attorneys Red Bank New Jersey Archived from the original on 2012 10 17 Retrieved 2012 08 05 New York City and Tri State News from WABC TV 12 22 06 7online Archived from the original on January 24 2013 Retrieved August 5 2012 https web archive org web 20100414120953 http www northjersey com news opinions phalons file 89658602 A dangerous law html Archived from the original on April 14 2010 Retrieved April 14 2010 a href Template Cite web html title Template Cite web cite web a Missing or empty title help N J officials reveal Kyleigh s Law license plate decals for young drivers 25 March 2010 https web archive org web 20120910175130 http www northjersey com news crime courts safety 89658602 A dangerous law html Archived from the original on September 10 2012 Retrieved April 18 2010 a href Template Cite web html title Template Cite web cite web a Missing or empty title help http www dailyrecord com article 20100428 UPDATES01 100428055 1005 NEWS01 National youth rights group urges NJ drivers to sabotage Kyleigh s Law dead link N J parents teens protest against Kyleigh s Law at Morris County lawmakers offices 14 May 2010 N J Supreme Court upholds decal law for young drivers 7 August 2012 Retrieved from https en wikipedia org w index php title Kyleigh 27s Law amp oldid 1169426784, wikipedia, wiki, book, books, library,

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