Proposed curfew could stall teen driving bill

By David Pendered
Atlanta Journal-Constitution Staff Writer

The state Senate appears poised to approve tougher restrictions on teen drivers Thursday, but not before debating the merits of a no-exceptions curfew for 16- and 17-year-old drivers.

The proposed curfew seems to be the key sticking point for some senators. Also, a ranking House member said the curfew could stall the proposal in that chamber, despite Gov. Roy Barnes' call for even tighter teen driving restrictions.

The legislation, Senate Bill 1, is strongly endorsed by Lt. Gov. Mark Taylor. It calls for 16-year-olds to be off the road by 10 p.m., and 17-year-olds by midnight. Barnes wants a 10 p.m. curfew for both age groups. The curfews would extend until 6 a.m. under both proposals.

As approved unanimously Tuesday by the Senate Public Safety Committee, the bill also would require up to 40 hours of driver instruction for a new licensee and on-road driver's tests. It also would limit the number of passengers, and make it easier for police to revoke a teen's license for most convictions for moving violations.

"I'm convinced that the curfew portion, which appears to be one of the more controversial portions of this bill, is a workable provision," said the bill's chief sponsor, Sen. Jack Hill (D-Reidsville). "In the end, parents will thank us for doing something, particularly in that 16-year-old age, that they can live by and that can help them ensure that their children are not out driving at night."

"This is going to save lives," said Sen. Phil Gingrey (R-Marietta), a co-sponsor of the bill.

Sen. Mitch Seabaugh (R-Newnan) said some parents have complained to him that the curfew would prevent their children from working at night or attending high school events and religious functions.

"We're trying to teach responsibility through work and religious structures," Seabaugh said. "I supported [voting] it out of committee to send a loud message, but I hope we can look at some of these things when it comes up in the Senate."

Taylor said he expects a floor fight over the curfew, but remains optimistic the Senate will approve a strong bill.

If the curfew provisions do remain, they could be used as bargaining chips with the House and then scaled back during negotiations, said Sen. Richard Marable (D-Rome). Marable, who worked for the 1997 teen driving law, said one possibility is to phase in the curfew, as the state did with the seat belt law.

In 1988, failure to use a seat belt became a violation only if there was another reason for police to stop a driver. That changed in 1996, when drivers could be ticketed solely for not wearing a seat belt, according to the Department of Public Safety.

Rep. Alan Powell (D-Hartwell), vice chairman of the Motor Vehicles Committee, which is most likely to handle the measure in the House, said he supports better training for young drivers. But he questioned the curfew, noting that the House balked at a tougher curfew in 1997.

"If you want us to legislate what parents ought to know -- is that a good policy for us to be into?" Powell said. "If parents demand a curfew because of their [lack of] parental responsibility, I have a problem."

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