Standing Firm Against Kyleigh’s Law

7 03 2009

As I noted a couple days ago, Kyleigh’s Law was passed by the New Jersey General Assembly. THe only real hope left in defeating it is a veto by Governor Corzine.

Unfortunately there’s even less chance of that happening than there was of the bill not passing the GA. Corzine is doing extremely poorly in the polls for a sitting NJ governor. He can’t afford to oppose a bill that’s “for the kiddies” – and he can afford the embarrassment of a veto override even less.

So the bill is becoming law and will likely stay that way unless someone can find a way it violates the NJ Constitution and is willing to take the case as far as it needs to go (pretty damn unlikely in my opinion.

Because of all this, there’s only one real option left – subvert the law.

I can imagine two relatively easy ways to accomplish this.

  1. Ignore the law. I know I’ve seen numerous parents in messageboards say they will refuse to obey the law and will refuse to have the decals on any cars their children drive. If parents do this there will be so few decals on the road that the bill will have proven ineffective and may be open to challenge.
  2. Obey the law – and then some. As I understand it, the law only says that provisional drivers will be required to have the decals. There’s nothing that says non-provisional drivers can’t use them though. If tons of cars on the road have the sticker they’ll become useless for identification purposes, and police won’t be able to use them as a guide in pulling people over (and they’ll be even less likely to do so after pulling over a few non-provisional drivers). Once again, this will prove the bill ineffective and create an opportunity to challenge it legislatively.

Personally I would recommend the second path. The first one requires a relatively strong willingness to ignore the law. Many will do that, particularly if they feel the law puts their child in danger (as I noted, and some parents are beginning to realize, the decal is a bright orange sign that tells would-be assailants “I’m young and alone, please rape me!!!”).

However, if not enough do so the effort fails.

On the other hand, if the second route is taken there is no need for illegal action (although discretely placing decals on every car in a parking lot would certainly help). It also may work more easily – every time a police officer ends up pulling someone over for having the decal on the car and they aren’t a provisional driver some resentment towards the law will build and they’ll be a bit less likely to pull over the next car that has one if there’s too many people in it.

And even if the state does claim it’s illegal to use that decal, stickers and the like can be made cheaply over the internet. We just need them to be slightly different, but still look a lot like the decal itself, and the effect will be the same.

In the end, I suspect it’ll be a lot easier to get police to stop enforcing the law because there are too many decals than it will be to get legislators to repeal it because there aren’t enough.

(Note: In no way do I advocate engaging in any illegal activity. I am simply highlighting what may be effective ways to oppose a bad law)





I Really Hate New Jersey Sometimes

5 03 2009

In case you missed it somehow, I’ve been working to try and stop the passage of Kyleigh’s Law. Well, all of my efforts have come for naught. And not just for naught – it was a disastrous fail.

The General Assembly passed the bill unanimously.

This was an awful bill. It had noble intentions, but the policy proposals would barely do anything to help make teens safer on the road – and worse, it would likely make teens a target for the likes of fine-happy cops, people looking to cause an accident for insurance reasons, and maybe would-be thieves, rapists, and murderers.

So of course the General Assembly passed the bill with everyone voting for it. Way to be absolutely worthless NJ Government.





Last Chance to Stop Kyleigh’s Law

5 03 2009

It looks like A3069 – the dreadful bill also known as Kyleigh’s Law – is up for a vote today in the General Assembly.

The session doesn’t start till 1 pm, and the bill is relatively far down on the agenda, so I encourage everyone who can to call up their Assemblymen (and other Assemblymen too) and urge them to vote NO on this bill.

If you’d like arguments against it for your phone conversation, I highly recommend any of my previous blog posts on the topic (here, here, and here).

Also, for everyone’s benefit, here’s is a relatively well-worded summation of the problems with the bill. Feel free to use it as a script when calling General Assembly members.


The loss of life is always a serious matter. We should do everything we reasonably can to prevent life from being lost. But those efforts should proceed in a logical manner – noble intentions and emotive force do not automatically equate with good policy.

Kyleigh’s Law, already passed as S2314 by the NJ Senate and before the General Assembly as A3069, is an example of this.

Motivated by the tragic death of Kyleigh D’Alessio, the bill puts forward a number of provisions intended to make teen drivers safer. These provisions follow a three prong approach: increase restrictions on young drivers, increase penalties for violating those restrictions, and decals for provisional drivers.

These seem nice on the surface, but they ultimately won’t work.

Increasing Restrictions – How many restrictions are already placed on drivers – regardless of age? People speeding, talking on cellphones while driving, and even driving drunk are all upsettingly commonplace sights on New Jersey roads. Yet all are against the law. There will never be a police force large enough to perfectly enforce the law. So why would increasing restrictions on a small minority help things?

Increasing Penalties – The penalties for offenses committed by teen drivers are already steep. Making them harsher only works if the restrictions can be enforced. Obviously they are not – otherwise teen drivers would be safer for fear of punishment.

Decals – This is intended to correct for the weaknesses of the previous two methods. If teens have these decals they can be singled out for detection and punishment. Setting aside the problematic nature of such profiling, why would this work? Teens that drive recklessly know they are breaking the law. They do so gambling they won’t be caught by police. If they’re willing to take that risk, does anyone really think they will choose to place a removable decal on their car to make it easier to identify them.

The fact is, that unless New Jersey is ready to say police can randomly pull someone over for Driving While Young, just to make sure they’re not on their provisional license, Kyleigh’s Law won’t achieve it’s intended purpose.

It will however make teens a target. They will become a target for revenue-strapped locales. Teens are extremely unlikely to contest a ticket in court, so a car with a decal will become extremely attractive as a target.

Even more worrisome though is the danger this may be putting young drivers in. One of the new restrictions are more stringent limits on the number of passengers a teen driver may have. If Kyleigh’s Law becomes reality then a decal will be like a neon sign letting thieves, assailants, kidnappers, and rapists know the car likely contains a young person on their own.

But if supporters really think this supposed benefit is worth the cost, why are only teens targeted. Youths aren’t the only groups that have accidents at disproportionately high rates. The elderly have an above average number of deadly crashes. Where’s the effort to save their lives by restricting their driving rights?

And what about Native Americans or Hispanics? “Race and Ethnicity in Fatal Motor Vehicle Traffic Crashes 1999 – 2004,” a study by the National Highway Traffic Safety Administration, shows both groups have fatal accidents at significantly higher rates than any other population. If similar restrictions on the driving of these groups cannot be justified than neither can placing these restrictions on teens.

All too often laws get rushed through the legislative process, without any time for a real debate, just because they’re feel-good bills with a moving story attached to them. Unintended consequences must be accounted for – the unlikely chance that this bill will make teen drivers safer on the road is no justification for the discriminating way it focuses only on teens nor is it justification for the danger it may put them in at the hands of those actively intent on their harm.


I doubt we’ll be able to stop this atrocious bill from passing, but if we can get enough votes against it we’ll be in a better position to urge Corzine to veto it. And who knows, maybe today will be the day this bill dies.





Help Stop Kyleigh’s Law

8 01 2009

The efforts to stop Kyleigh’s Law continue on.

If you haven’t read my previous posts on the topic of Kyleigh’s Law I highly recommend at least skimming them over:

Don’t Let NJ Make Driving While Young A Crime
More Problems With Kyleigh’s Law

There is now a Facebook group devoted to trying to prevent the bill from passing the General Assembly. I highly recommend everyone join it. Here’s the link:

http://www.facebook.com/group.php?gid=54084999972

I’ve already posted some valuable resources, like arguments against Kyleigh’s Law and how to find out the names and contact info of your representatives. I intend to keep it updated with both news and resources.

That brings me to a request. This fight will require a lot of effort from plenty of people. Right now I could use help in two key areas.

1) Designing fliers. I intend to put together some fliers against Kyleigh’s Law, but I would love it if people would e-mail fliers of their own design to questingforatlantis@gmail.com or post them to the Facebook group. Unless the fliers can’t be used (profanity or the like are the only real reasons) I’ll add them to the Facebook group (if they’re not already there) for people to print out and post around their schools and towns. Credit will of course be given to designers (feel free to indicate it on the flier if you like, smallish near the bottom preferably).

2) Helping with the group. If anyone else (preferably someone not at Seton Hall) is interested in joining with me on this effort please send me an e-mail or a message on Facebook. We need to get this as big as we can and as quickly as possible. I’m looking for at least two or three other people to join on as admins, like I said preferably from other schools and even more preferably, different regions of NJ.

If you all have any other ideas on avenues to pursue feel free to reach out to me, through comments here, Facebook, Twitter, e-mail or any other method that works for you.





More Problems With Kyleigh’s Law

31 12 2008

The recent anonymous comment on my previous post suggested I needed to look more into the bill. Personally I find it a little bit ridiculous he or she would suggest this, considering I linked to the actual text of the bill, would I really have done that if I didn’t read it?

Anyhow, rest assured Anon, I did look over the bill. And my objections still stand – in fact they were formulated after reading it, before writing the post.

(On a completely separate note, if this bill isn’t all about the decals, why is it the primary feature mentioned in the bill summary, while the other features I am about to discuss aren’t even mentioned?)

So let’s break it down. As Anon emphasized, the stated objective of this bill is:

trying to prevent more teens from going out each year for a drive and not returning home

That’s a noble goal, I won’t disagree. Nor do I blame Kyleigh’s mother for pushing this bill, she suffered a grievous loss and it’s an understandable reaction. But it’s not the right one.

As I understand it, apart from the decal requirement, the bill rests on two points:

  1. Add to and expand on the restrictions placed on holders of graduated licenses.
  2. Increase the penalties for the holders of said licenses.

On the face of it, this seems like a logical approach for trying to curb reckless teen driving. However, I would argue that a deeper analysis suggests otherwise.

Let’s take point 1.

The major restriction increase is an expansion of the waiting period before an individual can receive a provisional license. Most likely the logic is that more time spent on an examination permit will provide greater experience and therefore make the drivers safer.

This might be true, but there’s two incentive factors that need to be taken into account with regards to this idea. What this restriction effectively does is increases the cost (in time) of getting a driver’s license, and I suspect that cost increase will lead to several negative unintended consequences.

The first of these possible unintended consequences is that by increasing the time cost of obtaining a license, young drivers will be all the more ecstatic over receiving it and will go all out once they have the license. This of course will mean they will be driving more often, and quite possibly, due to their excitement and newfound freedom, more recklessly, not less.

The second possible unintended consequence is that by increasing the time cost young people will simply decide the cost is too high and defer getting their license until they are old enough to bypass the most onerous of the restrictions. As a result individuals will be receiving licenses with little experience and little in the way of requirement. This is a disastrous possibility as the main danger of young drivers is their inexperience, not their age. Even worse, with the large amount of public transportation, I would consider it well within the realm of possibility.

Moving on to point 2.

Higher penalties are the other half of the non-decal features of the bill. The logic here seems to be that with higher penalties young drivers will be less likely to violate the restrictions for fear of punishment.

People frequently seem to think this way, but as far as I can tell, the evidence seldom seems to support the idea. Think about it.

If punishment effectively deterred wrongdoing how common would any of these be:

  • Cheating on tests
  • Underage drinking
  • Illegal drug use
  • Etc.

Or since we’re discussing a driving issue, what about road offenses. The following are all nominally illegal in NJ but still happen quite a bit:

  • Speeding
  • Talking on a handset while driving
  • Not signaling when turning
  • Etc.

The fact is that breaking the rules can have great advantages and minimal costs, particularly when enforcement is difficult, as is the case with rules pertaining to driving. With so many cars and only so many cops, a whole lot of people will get away with not obeying the law.

Teens aren’t stupid. They know this. Some will obey the rules. But I guarantee plenty will also gamble they won’t be caught and disregard the rules. And for some reason I figure it’s not the kids that obey the rules that are causing the accidents.

And I believe this is part of where the decal comes in. I’ll review a few points on that, just for good measure.

The idea is that by placing the decal police will have an easier time identifying young drivers and making sure they’re obeying the laws. But, considering the points already made, that doesn’t make much sense either.

We’ve already established some segment of the young driving population won’t obey the rules. The decal is supposed to make sure they obey the rules by making them more visible. But if they’re already breaking one set of rules, why would they obey the one that would make it easy to catch them? So that makes it pointless, apart from all the other decal problems mentioned already.

And then there’s the whole injustice of the entire package to address.

Youths aren’t the only groups that have accidents at disproportionately high rates. The elderly also have an above average number of accidents and, according to some statistics I’ve seen, have the highest rates of deadly crashes. Where’s the effort to save their lives by restricting their driving rights?

Or Native Americans and Hispanics? If numbers of car crashes are broken down by ethnicity, as was done in this report by the National Highway Traffic Safety Administration, you find that both groups have fatal accidents at significantly higher rates than any other population. Additionally fatal car accidents are the top cause of death across multiple age groups within these populations.

So why don’t we put special requirements on these groups? According to Sen. Fred Madden,

This bill isn’t about profiling or discriminating against young drivers. Instead, it seeks to ensure that parents, young drivers and police officers are able to take an active role in protecting our roadways

If it’s not discriminating against young drivers to put such restrictions on them, it wouldn’t be discriminating to place them on other groups as well, in order to make sure they stay safe and lose fewer lives.

The fact is that so long as bills like this exclusively target young people legislators are either saying it’s ok to discriminate against young people or the lives of the elderly and minority groups matter less. And neither of those is acceptable to me.

So call your Assemblymen and tell them to vote no on A3069.





Don’t Let NJ Make Driving While Young A Crime

31 12 2008

I just sent the following e-mail out to the Seton Hall University Students for Individual Liberty mailing list today and wanted to share it here:

Sorry to be sending this over break, but I felt it was important enough to bring to your attention.

A bill, called Kyleigh’s Law, was recently passed by the NJ State Senate and is now before the Assembly. It proposes to heavily increase the restrictions on teen drivers and the penalties if those restrictions are violated. Most egregious though is the requirement of large, highly visible, orange decals, to be placed on both license plates, indicating the driver is under 21 years of age.

This is obviously an egregious assault on individual rights. It unjustly targets a small minority, teen drivers, punishing them because of the reckless actions of only a portion of that group. And the decals serve only to ease in identifying such drivers to police, making it easier to pull them over for DWY – Driving While Young.

Luckily there is still time to try and kill this bill. I strongly encourage everyone to call their representatives in the Assembly. For all Seton Hall students this is:

Mila M. Jacey
15 Village Plaza, Suite 1B, South Orange, NJ 07079
(973) 762-1886

If you live in New Jersey you should also call your local representative, if you don’t know who that is, you can look them up here, http://www.njleg.state.nj.us/districts/municipalities.asp

Apart from that I also recommend talking to all your friends about this and encourage them to voice their opposition as well. Maybe even consider writing letters to the editor of your local paper (or even see if you can get an op-ed printed on it).

If you want to learn more about this horrible bill, here is the story where I learned about it,

http://www.nj.com/morris/index.ssf/2008/1/bill_seeks_to_improve_safety_f.html

as well as the text of the version currently before the Assembly,

http://www.njleg.state.nj.us/2008/Bills/A3500/3069_I1.PDF

With a strong effort, and some luck, we might be able to win out yet.

That pretty much conveys the main point I wanted to get across, but I have to reiterate again. This bill, while well-intentioned, proposes a set of regulations that will do extremely little to combat teen driving accidents, but that will encourage the targeting of a select group, in this case young drivers, for heavier police scrutiny.

There is nothing to justify this, the only true explanation for its easy passage in the Senate is that young people have no voice. Think about it. Yes, young people get into proportionally more car accidents. But so do the elderly and Native Americans. No one is proposing measures to identify their vehicles, or put more restrictions on them, nor would anyone dare propose such a thing. This burden of oppression is solely being born by young drivers.

And in fact, it is not solely being born by young drivers. New Jersey has a fairly large population of students from other states in its many colleges. A great number of these are under the age of 21, but they have no obligation to identify themselves (nor am I suggesting they should, just to be clear). Why then should young New Jersey drivers be punished for their unhappy accident of state residency?

It’s obvious this is a bad law. So please, if you live in New Jersey, call your Assembly member and ask them to vote against A3069, Kyleigh’s Law.

And here’s an added bonus, the votes on the Senate version:

Adler, John H. – Yes
Allen, Diane B. – Yes
Baroni, Bill – Yes
Bateman, Christopher – Yes
Beck, Jennifer – Yes
Bucco, Anthony R. – Yes
Buono, Barbara – Yes
Cardinale, Gerald – Yes
Ciesla, Andrew R. – Not Voting
Codey, Richard J. – Yes
Connors, Christopher J. – Yes
Cunningham, Sandra B. – Yes
Girgenti, John A. – Yes
Gordon, Robert M. – Yes
Gill, Nia H. – Yes
Haines, Philip E. – Yes
Kean, Sean T. – Yes
Kean, Thomas H., Jr. – Yes
Kyrillos, Joseph M., Jr. – Yes
Lance, Leonard – Yes
Lesniak, Raymond J. – No
Madden, Fred H., Jr. – Yes
O’Toole, Kevin J. – Yes
Oroho, Steven V. – Yes
Pennacchio, Joseph – Yes
Redd, Dana L. – Yes
Rice, Ronald L. – Yes
Ruiz, M. Teresa – Yes
Sacco, Nicholas J. – Yes
Sarlo, Paul A. – Yes
Scutari, Nicholas P. – No
Singer, Robert W. – Yes
Smith, Bob – Yes
Stack, Brian P. – Yes
Sweeney, Stephen M. – Yes
Turner, Shirley K. – Yes
Van Drew, Jeff – Yes
Vitale, Joseph F. – Yes
Weinberg, Loretta – Yes
Whelan, Jim – No

Feel free to call them and voice your displeasure with votes in favor of this problematic bill.








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