The proposal for a Utah Fourth House Congressional seat in Washington DC is still alive.  The bill addressing the Fourth seat for Utah and a new full-voting seat for the District of Columbia was filed Tuesday by Tom Davis (R-VA) in hopes to get the proposal to the floor early in this term’s Democrat controlled House.  Click HERE for local print news story.

Despite what could have been a very serious and potentially fatal outcome, the Legislature’s own “pit bull-in-a-suit” is recovering in a Utah Valley Hospital (IHC my guess) after having been found with a number of clots throughout his body.  Senator Curt Bramble was admitted Tuesday to the hospital for treatment and “should be ready for work on Monday” when the Legislature re-assembles for its 45-day General Session.  Click HERE for news report.

We wish you a speedy recovery & we’ll see you on Monday, Curt! 

Unintended Consequences

At times, with the best of intentions, the Legislature makes laws peppered with unintended consequences.  Outcomes, the likes of which, we could not possibly have anticipated during debate and passage of a bill.  Things we’d like to take back if we could.  Historically, some faulty choices we’ve been able to repair (e.g. The Cable TV Tax of 2003) and some that are still broken.

HB82, Driving By Minors Amendments

There seems to be a bit of a ruffle out there regarding a bill (HB82) I’ve opened to explore the possibility of repealing Section 41-8-2, Operation of vehicle by persons under 17 during night hours prohibited – Exceptions AND Section 41-8-3, Operation of vehicle by persons under 16 and six months – Passenger limitations – Exceptions – Penalties.

A Short, Recent History

When I joined the Legislature in May of 2003, one of my committee assignments was as a member of the House Transportation Committee.  During my time on the Transportation Committee, the Legislature adjusted the driver permitting age from 15 years 9 months to 15 years 6 months.  Since that time, the Legislature has revised the permitting age to 15 years of age.  The reasoning and debate on the latest bill brought forward was based on the need for young people to get behind the wheel of a car for a longer period of time under parental watchcare and through four seasons of driving conditions to better prepare them for driving responsibly—as a licensed 16 year old independent driver.  The law passed with very little resistance.  With this bill, the Legislature made adjustments to certain criteria on the front side of the issue, but potentially overlooked making related modifications on another side.

Post 2006 General Session Questions

Out of all the questions pertaining to what the Legislature did during the 2006 General Session, the question most frequently asked by my constituency was “how does this new driving law affect my son (or daughter)?”  “What does this new law do?”  After making a series of phone calls to local law enforcement, and personally reviewing the code, nobody seemed to definitively be able to answer those questions—including myself.

Current Code—Night Driving For 16 Year Olds

So here it is…for Good or Evil…A young person who is between 16 and 17 in this state cannot drive between the hours of 12 midnight and 5 am unless: 1) there’s someone 21 or older with a current driver’s license sitting directly next to the driver while the vehicle is being operated, or, 2) the driver is going to work from their home OR coming from work to their home, or,

The new section [SB 118 (Sen. K. Hale, 2006) as signed into law]:

3) the driver is coming home from their own school-sponsored activity where the transportation to and from the activity is provided by the school or the district and begins at and returns to the school property where the student is enrolled, or,

Back to the existing code:

4)  the driver is on assignment from a farmer in a farm related activity, or, 5) in an emergency.

IMPORTANT TO NOTE: The original statute that included an exception for driving to and from a driver’s religion-sponsored activity WAS DELEATED from the law.

What that means:  Heaven forbid we mix “church and state” even though the good portion of the laws me make effect a large group of church-going folks.  If your 16 year old is at a dance down to the church and the dance ends at midnight, parents, you’d better be ready to roll off the couch and go down to pick him/her up.  And, if that dance is in Salem and you’re in Lehi…

Now, The Unintended Part

One mother explained that her 16 year old daughter, although “legal” driving age was not able to legally drive herself to her 4:30 a.m. swimming practice (before school during the school year) each morning for an entire year without a 21 year old accompanying her.  Although an Olympic class athlete, this young woman will be “breaking the law” for nearly a year to pursue her dream–to represent Utah and the Nation at the next Olympic games.

Another mom, expressed her concern to me about the recent Saddie Hawkins Dance her daughter attended.  The daughter, who recently turned 16, was at the school-sponsored dance until a few minutes past midnight.  The daughter’s date, a 16 year old young man, wasn’t able to use his parents car that evening and so the young lady drove to and from the school-sponsored activity.  I had to explain that not only did her daughter break the Night-time Driving Law but also she had broken the 16 years 6 months law for Passenger limitations.  You see, her daughter had not reached the ripe old age of 16 years 6 months and was subject to the law that states that until you’re 16/6 you cannot drive anyone in your vehicle except family members. (Exceptions: accompanied by 21 or older driver sitting in seat next to driver, or, on farm business, or in a emergency.)  This also applies to drivers who haven’t accumulated 6 months of licensed driving and have not yet turned 18.

One father and I were talking about the time, a couple of months ago, when his 16 year old son was coming home from a movie that ended shortly after midnight …stop…Lawbreaker!

The stories go on…

One constituent went as far as to say the Legislature is “forcing” young licensed girls (younger than 16 years and 6 months) to drive home BY THEMSELVES, LATE AT NIGHT because of the language of our current statute.  Young girls, late at night, high risk, sounds like lawsuit just waiting to happen.  Why do I know this?  Because I have been approached by numerous, very concerned, thoughtful, law-abiding parents AND because I’ve lived through this in my own home.

Some say, we (the Legislature) have placed normally responsible, law-biding parents in a bad position — to choose between their child’s safety and obeying the law.

Passenger Limitations Law

A father at church yesterday expressed his concern that a large group of his son’s 16 and 15 year old friends had planned an activity in Provo and would need to travel ten miles South to get to their parentally approved destination.  Because the current statute prohibits new 16 year old drivers from providing transportation to non-siblings, ten separate young men ended up having to individually get themselves to their activity.  Instead of allowing three 16 year old drivers to provide transportation for a total of ten properly seat-belted young men, ten parents ended up driving twice the miles (there and back and a few hours later there and back, again) for this activity.  In this dad’s opinion—a big waste of time and precious natural resources.  “Gas’s still expensive ya’ know?!”

IMPORTANT TO NOTE:  The recently amended code RECINDED the ability for Parents of newly licensed drivers to PROVIDE WRITTEN PERMISSION for their young-person to provide others transportation to and from school, school sponsored activities, or religion-sponsored activity. 

What that means:  If you’re immediately related to the younger than 16 year 6 month driver you’re OK to go along for the ride, if your not in the immediate family…Sorry, Outta’ Luck. (Exceptions: accompanied by 21 or older driver sitting in seat next to driver, or, on farm business, or in a emergency.)

A “Boatload” ‘O Trouble

Some have expressed their deep concern regarding a concept among new drivers known as “boatloading.”  “Boatloading” occurs when an abnormal amount of persons are crowded, usually without regard to health/safety concerns, into a small vehicular space.  No one would disagree that “boatloading” is an unsafe practice.  “Boatloading” would be included in the concept of distracted driving.  And, we already have laws against distracted driving—at any age.  So the whole “boatload” argument for new drivers doesn’t really hold water.However, specifically included in our current state Driving by Minors law at 16 years 5 months three weeks and six days, “no boatload,” but at 16 years 6 months its OK to “boatload” your buddies.  What a difference a day makes.However, in a similar scenario, if everyone in the “boatload” is an immediate member of the family of a driver who is under 16 years 6 months …load ‘em up…the more the merrier! And further, the whole  “boatloading” concept isn’t just restricted to new, young drivers.  Not too long ago, I witnessed what appeared to be a rather large vessel packed to the gills with what looked to be college kids, headed northward on State Street traveling about 45-50 knots—full steam ahead!  I’m still trying to figure out the magic between those two days!

This afternoon (Thursday) Chris Herrod was chosen by Republican State Party leadership to replace retiring House Majority Leader Rep. Jeff Alexander (District 62-Provo).  Chris’ name alone will be sent (according to current statute) to the Governor for appointment.

CONGRATULATIONS to Chris for running a successful campaign!  As a member of the Utah County Legislative Caucus, I’d like to extend to Representative-Elect Herrod my confidence and support.  We’ll see you Saturday Morning at 8 am–sharp.

For a little lite reading on the events surrounding the appoinment of Rep-Elect Herrod click HERE, HERE, and HERE.