01.18.01

By Jessica Brown

Virginia’s House of Delegates on Tuesday passed a bill that sets a midnight curfew for teen-age drivers.

The bill barely passed, 51-47 . Some legislators question the General Assembly’s right to implement such restrictions, arguing that rules for teen-agers should be set by parents, not the government.

The bill says that anyone under the age of 18 cannot drive between midnight and 5 a.m. unless:

• Their travel is work-related or school-related.
• They are accompanied by an adult guardian or spouse who is a licensed driver.
• Or the trip is an emergency situation.

Proponents say the bill is a necessary response to recent fatal accidents involving teen-age drivers, some of which have occurred during late-night hours. But opponents have suggested the problem be dealt with on a local level, saying the need for curfews varies geographically. Some officials question how localities will enforce the curfew.

"It’s up to the parents to decide but, again, we are deciding for them," Delegate Jackie T. Stump, D-Oakwood, told the House during Tuesday’s session. "Sometimes we do things that help, but sometimes we do things that hurt."

Delegate Leo C. Wardrup Jr., R-Virginia Beach, agreed, saying that, in passing the bill, the Legislature would harm parents and children.

"This is something that should be handled on a geographic basis," Wardrup said, adding that Virginia Beach has set a curfew for its teen-agers that helps address the issue of nighttime driving.

Delegate Thomas M. Jackson Jr., D-Hillsville, said that destinations in his rural Southwest Virginia district are farther away than in urban areas and that it may be impossible for some teen-agers to arrive by midnight. He added that, in his opinion, the General Assembly can’t fix problems that are matters of individual responsibility.

"My personal belief is that people need to fix people problems – not the government," Jackson said.

Stump, Wardrup and Jackson were among the House members who voted against the bill.

Delegate Harry J. Parrish, R-Manassas, was the only legislator who spoke in favor of the curfew bill during Tuesday’s session. "I hope that you will think about and pass this bill," said Parrish, chief patron of the measure.

During the General Assembly’s 46-day session, legislators will study and vote on several bills that pertain to teen-age driving, such as raising the age requirement for a driver’s license from 16 to 17 and limiting the number of passengers allowed to ride with adolescent drivers. Delegate John S. Reid, R-Richmond, urged the House to wait until later in the session to deal with these issues.

"There are a number of bills before the House – working through committees – dealing with teen driving," Reid said. "I hope you will not pass this bill but take a strong look at some of the others."

Jackson said enforcing the curfew would be nearly impossible if the bill becomes a law. Other legislators, as well, are unsure how police officers would know – without stopping every vehicle – which drivers are old enough to be on the road after midnight.