 |
|
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.
|  |
 |
AUTOMOBILE FINANCIAL RESPONSIBILITY/COMPULSORY LIMITS BY STATE

|
- 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.
| |  |
 |
STATE AUTO INSURANCE LAWS GOVERNING LIABILITY COVERAGE
 State auto insurance laws governing liability coverage fall into four broad categories: no-fault, choice no-fault, tort liability, and add-on. The major differences are whether there are restrictions on the right to sue and whether the policyholder�s own insurance company pays first-party (policyholder) benefits, up to the state maximum amount, regardless of who is at fault in the accident.
No-Fault: The no-fault system is intended to lower the cost of auto insurance by taking small claims out of the courts. Each insurance company compensates its own policyholders for the cost of minor injuries regardless of who was at fault in the accident. These "first-party" benefits, which are a mandatory coverage, vary by state with no-fault systems. In states with the most comprehensive benefits, a policyholder receives compensation for medical fees, lost wages, funeral costs and other out-of-pocket expenses. The term �no-fault� can be confusing because it is often used to denote any auto insurance system in which each driver�s own insurance company pays for certain losses, regardless of fault. In its strict form, the term no-fault applies only to states where insurance companies pay "first-party" benefits and where there are restrictions on the right to sue.
Drivers in no-fault states may sue for severe injuries if the case meets certain conditions. These conditions are known as the tort liability threshold, and may be expressed in verbal terms such as death or significant disfigurement (verbal threshold) or in dollar amounts of medical bills (monetary threshold).
Choice No-Fault: In choice no-fault states, drivers may select one of two options: a no-fault auto insurance policy, usually with a verbal threshold, or a traditional tort liability policy.
Tort Liability: In traditional tort liability states, there are no restrictions on lawsuits. A policyholder at fault in a car crash can be sued by the other driver and the other driver�s passengers for the pain and suffering the accident caused as well as for out-of-pocket expenses such as medical costs.
Add-On: In add-on states, drivers receive compensation from their own insurance company as they do in no-fault states but there are no restrictions on lawsuits. The term �add-on� is used because in these states first-party benefits have been added on to the traditional tort liability system. In add-on states, first-party coverage may not be mandatory and the benefits may be lower than in true no-fault states.
|
- No-fault first-party benefits, known as personal injury protection (PIP), vary significantly by state. For example, Michigan and Puerto Rico have unlimited medical benefits. Utah's benefits are capped at $3,000.
- Monetary thresholds also vary. For instance, Kentucky's threshold is $1,000 while Hawaii's is $5,000.
| |  |
 |
STATE AUTO INSURANCE LAWS GOVERNING LIABILITY COVERAGE



|
- In the following 27* states, auto liability is based on the traditional tort liability system. In these states, there are no restrictions on lawsuits:
Alabama
Alaska
Arizona
California
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
*Will include Colorado beginning July 1, 2003. | |  |
 |
SEAT-BELT LAWS
 Only 17 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. The seat-belt usage rate is generally higher in states that have and enforce primary laws. In Canada, which has a primary law, seat-belt use average 92 percent.
|  |
 |
SEAT-BELT USE LAWS IN THE UNITED STATES

|
- Seat belt use, at 75 percent nationwide in June 2002, was at its highest level since national surveys began in 1994. States with primary seat belt laws had an 80 percent usage rate.
| |  |
 |
DRUNK DRIVING LAWS
 The federal government encourages states to pass laws deterring drunk driving by adjusting grants for highway funds according to the laws they enact. The 2001 Transportation Appropriations Act withholds a portion of states� highway construction funds if they do not lower the blood alcohol content that defines driving while intoxicated from 0.10 to 0.08 by October 2003.
|  |
 |
STATE LAWS CURBING DRUNK DRIVING

|
- In 2001, 17,448 traffic deaths were alcohol-related, up 0.4 percent from the 17,380 alcohol-related deaths reported in 2000. Until 2000, these deaths were trending downward.
- 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 2001, 41 percent of all traffic fatalities were alcohol-related, the same proportion as in 2000.
- 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 blood alcohol content.
- 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 blood alcohol content (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
Cancelling 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.
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 driver's license, regardless of age, if their medical condition warrants it.
|
- In 2000, 18.9 million, or 10 percent of all licensed drivers, were over the age of 70.
- The number of over-70 drivers grew 36 percent in the 10 years ending in 2000 while the total number of drivers rose only 14 percent.
| |  |
 |
STATE DRIVERS LICENSE RENEWAL LAWS INCLUDING REQUIREMENTS FOR OLDER DRIVERS

|  |
 |
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 grant young drivers the privilege of a drivers license only after a more rigorous learning period than in the past. This has been implemented by requiring young drivers between the ages of 15 and 18 to apply for a graduated driver 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 three dozen jurisdictions have three-stage graduated licensing systems. A handful of other states have enacted some components of graduated licensing.
|  |
 |
STATE YOUNG DRIVER LAWS (1)

 |  Graduated Licensing (2) |  |  |  |
 State |  Learner's permit required for a minimum period |  Inter- mediate or provisional license required |  Restriction on night driving (3) |  Passenger restric- tions (4) |  Zero or near-zero BAC laws (5) |
| Alabama | 6 months | X | X | | 0.02 |
| Alaska | 6 months | | | | 0.00 |
| Arizona | 5 months | | | | 0.00 |
| Arkansas | 6 months | X | | | 0.02 |
| California | 6 months | X | X | X | 0.01 |
| Colorado | 6 months | X | X | | 0.02 |
| Connecticut | 6 months | | | | 0.02 |
| Delaware | 6 months | X | X | X | 0.02 |
| D.C. | 6 months | X | X | X | 0.00 |
| Florida | 12 months | X | X | | 0.02 |
| Georgia | 12 months | X | X | X | 0.02 |
| Hawaii | 3 months | | | | 0.02 |
| Idaho | 4 months | X | X | | 0.02 |
| Illinois | 3 months (6) | X | X | | 0.00 |
| Indiana | 60 days | X | X | X | 0.02 |
| Iowa | 6 months | X | X | | 0.02 |
| Kansas | | | | | 0.02 |
| Kentucky | 6 months | | | | 0.02 |
| Louisiana | 90 days | X | X | X | 0.02 |
| Maine | 90 days | X | | X | 0.00 |
| Maryland | 4 months | X | X | | 0.02 |
| Massachusetts | 6 months | X | X | X | 0.02 |
| Michigan | 6 months | X | X | | 0.00 |
| Minnesota | 6 months | | | | 0.00 |
| Mississippi | 6 months | X | X | | 0.02 |
| Missouri | 6 months | X | X | | 0.02 |
| Montana | | | | | 0.02 |
| Nebraska | | X | X | | 0.02 |
| Nevada | 90 days (7) | X | | X | 0.02 |
| New Hampshire | 3 months (8) | X | X | X | 0.02 |
| New Jersey | 6 months | X | X | X | 0.01 |
| New Mexico | 6 months | X | X | X | 0.02 |
| New York | 6 months (9) | X | X | X | 0.02 |
| North Carolina | 12 months | X | X (10) | X | 0.00 |
| North Dakota | 6 months | | | | 0.02 |
| Ohio | 6 months | X | X | | 0.02 |
| Oklahoma | | | | | 0.00 |
| Oregon | 6 months | X | X | X | 0.00 |
| Pennsylvania | 6 months | X | X | | 0.02 |
| Rhode Island | 6 months | X | X | | 0.02 |
| South Carolina | 6 months | X | X | X | 0.02 |
| South Dakota | 6 months | X | X | | 0.02 |
| Tennessee | 6 months | X | X | X | 0.02 |
| Texas | 6 months | X | X | X | 0.00 |
| Utah | | X | X | X | 0.00 |
| Vermont | 12 months | X | | X | 0.02 (6) |
| Virginia | 9 months | X | X | X | 0.02 |
| Washington | 6 months | X | X | X | 0.02 |
| West Virginia | 6 months | X | X | X | 0.02 |
| Wisconsin | 6 months | X | X | X | 0.00 (11) |
| Wyoming | 10 days | | | | 0.02 |
|
(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 except for lower BAC laws.
(2) Graduated licensing as defined by the National Highway Traffic Safety Administration: Stage 1: Learner's permit required. Other recommended components are that the driver pass vision and knowledge tests; must drive with a licensed adult age 21 or older; all occupants must wear seat belts; blood alcohol content (BAC) set at zero or near zero (see footnote 5); driver must be traffic-offense and alcohol-offense free to move up to the next stage; permit's appearance is distinctive from other licenses. Stage 2 (Intermediate or Provisional): Driver must complete stage 1; must pass a road test; all occupants must wear seat belts; BAC set at zero or near zero; licensed adult required in the vehicle during late night hours; driver must be traffic-offense and alcohol-offense free for 12 months to obtain a regular license. Stage 3: Full license.
(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 for an inexperienced driver.
(5) Specifies that a driver under age 21 can be convicted of drunk driving if found driving with a blood alcohol content (BAC) above the level shown. Conventional BACs for older drivers are generally between 0.08 and 0.10.
(6) Applies to drivers age 18 and under.
(7) If license applicant is 16 then mandatory holding period in learner stage is 60 days. If license applicant is 17 then mandatory holding period in learner stage is 30 days. License applicants younger than 18 must have completed driver education if it is available in the public school or, if unavailable, must complete 50 hours of supervised driving in addition to that required in the learner stage.
(8) 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.
(9) Effective September 2003.
(10) For the first six months after a learner's permit is issued. Thereafter there are no restrictions.
(11) Applies to drivers age 19 and under.
Sources: Insurance Institute for Highway Safety (IIHS); U.S. Department of Transportation, National Highway Traffic Safety Administration; National Conference of State Legislatures; Insurance Information Institute. |
These questions and answers are provided for IowaMotors.com users' general information.
Although we make every effort to insure accuracy in the information provided, we cannot make
any guarantees as to this accuracy. We urge you to consult your lawyer, accountant or tax
advisor for specific legal or tax advice.
|
|
|
 |
|
|
|
|
|
|
|
|
© 2012 IowaMotors.com, All Rights Reserved.
|
February Sponsors:
IowaPowerSportsMarket.com - Find your next Motorcyle, Snowmobiles and more
All-in-One Medical PC / Kiosk for Automtoive Dealership
|