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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. 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.

The chart below shows mandatory requirements for bodily injury (BI), physical damage (PD) liability, no-fault personal injury protection (PIP), and uninsured (UM) and underinsured (UIM) motorists coverage. It also indicates which states have only financial responsibility (FR) laws.


AUTOMOBILE FINANCIAL RESPONSIBILITY LIMITS BY STATE


State

Insurance required 

Minimum liability limits (1)
Alabama BI & PD Liab 20/40/10
Alaska BI & PD Liab 50/100/25
Arizona BI & PD Liab 15/30/10
Arkansas BI & PD Liab, PIP 25/50/25
California  BI & PD Liab 15/30/5 (2)
Colorado BI & PD Liab 25/50/15
Connecticut BI & PD Liab, UM, UIM 20/40/10
Delaware BI & PD Liab, PIP 15/30/10
D.C. BI & PD Liab, UM 25/50/10
Florida PD Liab, PIP 10/20/10 (3)
Georgia BI & PD Liab 25/50/25
Hawaii BI & PD Liab, PIP 20/40/10
Idaho BI & PD Liab 25/50/15
Illinois BI & PD Liab, UM 20/40/15
Indiana BI & PD Liab 25/50/10
Iowa BI & PD Liab 20/40/15
Kansas BI & PD Liab, PIP, UM 25/50/10
Kentucky BI & PD Liab, PIP 25/50/10
Louisiana BI & PD Liab 10/20/10
Maine BI & PD Liab, UM, UIM  50/100/25 (4)
Maryland BI & PD Liab, PIP (5), UM 20/40/15
Massachusetts BI & PD Liab, PIP, UM 20/40/5
Michigan BI & PD Liab, PIP 20/40/10
Minnesota BI & PD Liab, PIP, UM, UIM 30/60/10
Mississippi BI & PD Liab 25/50/25
Missouri BI & PD Liab, UM 25/50/10
Montana BI & PD Liab 25/50/10
Nebraska BI & PD Liab 25/50/25
Nevada BI & PD Liab 15/30/10
New Hampshire FR only, UM 25/50/25
New Jersey BI & PD Liab, PIP, UM 15/30/5 (6)
New Mexico BI & PD Liab 25/50/10
New York BI & PD Liab, PIP, UM 25/50/10 (7)
North Carolina BI & PD Liab 30/60/25
North Dakota BI & PD Liab, PIP, UM 25/50/25
Ohio BI & PD Liab 12.5/25/7.5
Oklahoma BI & PD Liab 25/50/25
Oregon BI & PD Liab, PIP, UM 25/50/10
Pennsylvania BI & PD Liab, PIP 15/30/5
Rhode Island BI & PD Liab, UM 25/50/25 (3)
South Carolina BI & PD Liab, UM 25/50/25
South Dakota BI & PD Liab, UM 25/50/25
Tennessee BI & PD Liab 25/50/10 (3)
Texas  BI & PD Liab 20/40/15*
Utah BI & PD Liab, PIP 25/50/15 (3)
Vermont BI & PD Liab, UM, UIM 25/50/10
Virginia BI & PD Liab, UM 25/50/20
Washington BI & PD Liab 25/50/10
West Virginia BI & PD Liab, UM 20/40/10
Wisconsin FR only, UM 25/50/10
Wyoming BI & PD Liab 25/50/20
(1) The first two numbers refer to bodily injury liability limits and the third number to property liability.  For example, 20/40/10 means coverage up to $40,000 for all persons injured in an accident, subject to a limit of $20,000 for one individual, and $10,000 coverage for property damage.
(2) Low-cost policy limits for low-income drivers in the California Automobile Assigned Risk Plan are 10/20/3.
(3) Instead of policy limits, policyholders can satisfy the requirement with a combined single limit policy. Amounts vary by state.
(4) In addition, policyholders must also carry at least $1,000 for medical payments.
(5) May be waived for the policyholder but is compulsory for passengers.
(6) Basic policy (optional) limits are 10/10/5. Uninsured and underinsured motorist coverge not available under the basic policy but uninsured motorist coverage is required under the standard policy.
(7) In addition, policyholders must have 50/100 for wrongful death coverage.

*Minimum coverage requirements will increase to 25/50/25 on April 1, 2008 and to 30/60/30 on January 1, 2011.

Source: Property Casualty Insurers Association of America; state departments of insurance.


STATE AUTO INSURANCE LAWS GOVERNING LIABILITY COVERAGE



 

First-party benefits

Restrictions on lawsuits

Thresholds for lawsuits

“True”
no-fault

Compulsory 

Optional

Yes

No

Monetary

Verbal
Florida X   X     X
Hawaii X   X   X  
Kansas X   X   X  
Kentucky X   X X  (1) X  (1)  
Massachusetts X   X   X  
Michigan X   X     X
Minnesota X   X   X  
New Jersey X   X X  (1)   X (1), (2)
New York X   X     X
North Dakota X   X   X  
Pennsylvania X   X X  (1)   X  (1)
Utah X   X   X  
Puerto Rico X   X   X  
             
Add-on





Arkansas   X   X    
Delaware X     X    
D.C.   X X (3) X (3)    
Maryland X     X    
New Hampshire   X   X    
Oregon X     X    
South Dakota   X   X    
Texas   X   X    
Virginia   X   X    
Washington   X   X    
Wisconsin   X   X    

(1) “Choice” no-fault state. Policyholder can choose a policy based on the no-fault system or traditional tort liability.
(2) Verbal threshold for the Basic Liability Policy, the Special Policy and the Standard Policy where the policyholder chooses no-fault. The Basic and Special Policies contain lower amounts of coverage.
(3) The District of Columbia is neither a true no-fault nor add-on state. Drivers are offered the option of no-fault or fault-based coverage, but in the event of an accident a driver who originally chose no-fault benefits has 60 days to decide whether to receive those benefits or file a claim against the other party.

Source: American Insurance Association.

  • In the following 28 states auto liability is based on the traditional tort liability system. In these states, there are no restrictions on lawsuits:

    Alabama
    Alaska
    Arizona
    California
    Colorado
    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

SEAT-BELT LAWS


Only 26 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 other states have secondary laws; officials can only issue seat-belt violations if they stop motorists for other infractions. New Hampshire is the only state that does not have a seat-belt law that applies to adults.

Seat-belt use reached 82 percent nationwide in 2007, a slight gain from 81 percent use in 2006. States with primary seat-belt laws had an average 87 percent usage rate, versus 73 percent in states with secondary laws.

STATE SEAT-BELT USE LAWS



State

2006 usage rate (1)

Primary/secondary enforcement (2)

Requirements

Maximum fine, first offense

Damages reduced (3)
Alabama 82.9% P 15+ yrs. in front seat  $25  
Alaska 83.2 P 16+ yrs. in all seats 15 X
Arizona NA S 5+ yrs. in front seat; 5-15 in all seats 10 X
Arkansas 69.3 S 15+ yrs. in front seat 25  
California 93.4 P 16+ yrs. in all seats 20 X
Colorado 80.3 16+ yrs. in front seat 15 X
Connecticut 83.5 P 7+ yrs. in front seat 15  
Delaware 86.1 P 16+ yrs. in all seats 25  
D.C. 85.4 P 16+ yrs. in all seats 50  
Florida NA 6+ yrs. in front seat; 6-17 yrs. in all seats 30 X
Georgia NA P 6-17 yrs. in all seats; 18+ yrs. in front seat 15  
Hawaii 92.5 P 8-17 yrs. in all seats; 18+ yrs. in front seat 45  
Idaho 79.8 S 7+ yrs. in all seats 25  
Illinois 87.8 P 16+  yrs. in front seat; 18 yrs. and younger in all seats if driver is younger than 18 yrs. 25  
Indiana 84.3 P 16+ yrs. in all seats  25  
Iowa 89.6 P 11+ yrs. in front seat 25  X
Kansas 73.5 (4) 14-17 yrs. in all seats; 18+ yrs. in front seat 60 X
Kentucky 67.2 P more than 40 in. in all seats 25  
Louisiana 74.8 P 13+ yrs. in front seat 25  
Maine 77.2 P 18+ yrs. in all seats 50  
Maryland NA P 16+ yrs. in front seat 25  
Massachusetts 66.9 S 12+ yrs. in all seats 25  
Michigan 94.3 P 4+ yrs. in front seat; 4-15 yrs. in all seats 25 X
Minnesota 83.3 all in front seat; 3-10 yrs. in all seats 25  
Mississippi 73.6 P 4-7 yrs. in all seats; 8+ yrs. in front seat 25  
Missouri 75.2 (4) 16+ yrs. in front seat  10 X
Montana 79.0 S 6+ yrs. in all seats 20  
Nebraska 76.0 S 18+ yrs. in front seat 25 X
Nevada NA S 6+ yrs. in all seats 25  
New Hampshire NA S      
New Jersey 90.0 P 7 yrs. and younger but more than 80 lbs.; 8-17 yrs. in all seats; 18+ yrs. in front seat 20 X
New Mexico 89.6 P 18+ yrs. in all seats 25  
New York 83.0 P 16+ yrs. in front seat 50 X
North Carolina 88.5 P 16+ yrs. in all seats 25  
North Dakota 79.0 S 18+ yrs. in front seat 20 X
Ohio 81.7 S 4-14 yrs. in all seats; 15+ yrs. in front seat 30 driver/20 passenger X
Oklahoma 83.7 P 13+ yrs. in front seat 20  
Oregon 94.1 P 16+ yrs. in all seats 75 X
Pennsylvania NA 8-17 yrs. in all seats; 18+ yrs. in front seat 10  
Rhode Island NA (4) 13+ yrs. in all seats 57  
South Carolina 72.5 P 6+ yrs. in front seat; 6+ yrs. in rear seat with shoulder belt 25  
South Dakota 71.3 S 18+ yrs. in front seat 20  
Tennessee 78.6 P 16+ yrs. in front seat 50  
Texas 90.4 P 4 yrs. and younger but 36 inches or more; 5-16 yrs. in all seats; 17+ yrs. in front seat  200  
Utah 88.6 (4) 16+ yrs. in all seats 45  
Vermont 82.4 S 16+ yrs. in all seats  25  
Virginia 78.7 S 16+ yrs. in front seat 25  
Washington 96.3 P 16+ yrs. in all seats 37  
West Virginia NA 8+ yrs. in front seat; 8-17 yrs. in all seats 25 X
Wisconsin 75.4 8+ yrs. in all seats 10 X
Wyoming 63.5 9+ yrs. in all seats 25 driver/10 passenger  
United States 81.0%        
(1) Surveys used by states must be actual observation of shoulder-belt use by drivers and front seat passengers.
(2) Primary enforcement means police may stop a vehicle and issue a fine for noncompliance with seat-belt laws.  Secondary enforcement means that police may issue a fine for not wearing a seat-belt only if the vehicle has been stopped for other traffic violations.
(3) Court awards for compensation for injury may be reduced if seat-belt laws were violated.
(4) Primary enforcement for children; ages vary.

NA=Data not available.

Source: National Highway Traffic Safety Administration, U.S. Department of Transportation; Insurance Institute for Highway Safety.

DRUNK DRIVING LAWS


As of 2004 every state and the District of Columbia had lowered the limit defining drunk driving from 0.10 BAC (blood-alcohol content) to 0.08.

STATE LAWS CURBING DRUNK DRIVING



 

License revocation

 

 

 

State

Admin. Iicense rev./ susp. (1)

Manda-tory 90-day license rev./ susp. (2)

Open con-tainer law (3)

Prelim. breath test permit-ted by law

DWI plea bargain-ing prohib-ited
Alabama X X X    
Alaska X X X (4) X  
Arizona X X X X X
Arkansas X X     X
California X X X X X
Colorado X X X X X
Connecticut X X      
Delaware X X   X  
D.C. X X X X  
Florida X X X X X (5)
Georgia X X X    
Hawaii X X X X (5)  
Idaho X X X    
Illinois X X X X  
Indiana X X X X (5)  
Iowa X X X X  
Kansas X   X (4) X X
Kentucky     X X X (5)
Louisiana X X X    
Maine X X X    
Maryland X   X X  
Massachusetts X X X    
Michigan     X X X (5)
Minnesota X X X X  
Mississippi X X   X X
Missouri X     X  
Montana     X X  
Nebraska X X X X  
Nevada X X X X X
New Hampshire X X X X  
New Jersey     X   X (6)
New Mexico X X X   X (5)
New York (7)   X X X
North Carolina X   X X (5)  
North Dakota X X X X  
Ohio X X X    
Oklahoma X X X (4)    
Oregon X X X   X
Pennsylvania     X X X (5)
Rhode Island     X (4) X  
South Carolina X   X    
South Dakota     X X  
Tennessee     X (4)    
Texas X X X    
Utah X X X   X (5)
Vermont X X X X  
Virginia X     X  
Washington X X X    
West Virginia X X   X  
Wisconsin X X X X  
Wyoming X X X (4)   X

(1) On-the-spot drivers license suspension or revocation if BAC is over the legal limit or the driver refuses to take a BAC test.
(2) Mandatory penalty for violation of the implied consent law, which means that drivers who refuse to take a breath alcohol test when stopped or arrested for drunk driving will have their license revoked or suspended.
(3) Prohibits unsealed alcohol containers in motor vehicle passenger compartments for all occupants. Arresting officer not required to witness consumption.
(4) Applies only to the driver.
(5) With limitations or conditions.
(6) Not specifically for drunk driving; Attorney General has established a no plea bargain policy.
(7) Administrative license suspension lasts until prosecution is complete.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration; Insurance Institute for Highway Safety; Property Casualty Insurers Association of America; Insurance Information Institute.

  • All states and the District of Columbia have adopted 21 as the legal drinking age.

  • All states have more stringent restrictions for drivers under the age of 21, ranging from zero tolerance to a limit of 0.02 BAC.

  • 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.

  • There is an alcohol-related traffic death in the United States every 30 minutes and an injury every 2 minutes.

  • In 2006, 17,602 traffic deaths were alcohol-related, up slightly from 17,590 in 2005.

  • In 2006, 41 percent of all traffic fatalities were alcohol-related, up from 40 percent in 2005.

  • 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 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 underage drivers from obtaining alcohol

    - Canceling 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 above) have higher rates of fatal crashes, based on estimated annual travel, than any other group except drivers under the age of 21, according to the U.S. Department of Transportation, in part because they are less likely to survive the trauma of an accident. Recognizing the higher fatality 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 drivers license, regardless of age, if his or her medical condition warrants it.

STATE DRIVERS LICENSE RENEWAL LAWS INCLUDING REQUIREMENTS FOR OLDER DRIVERS



 

Require retest for renewals at all ages (1) 

Age at which states require older drivers to pass tests

 

 

State

Vision

Road

Know-
ledge

Vision

Road

Know-
ledge

Medical

Require doctors to report medical conditions (2)

Age limits on mail renewal
Alabama                  
Alaska X (3) X           69
Arizona X (3)   65         70
Arkansas X                
California X (3) X         X (4) 70
Colorado X (3) (3)           61
Connecticut       65         65
Delaware   (3) (3) (3) (3) (3) (3) X  
D.C.       70 75 75 70    
Florida X (3) (3) 80         (5)
Georgia X             X 64
Hawaii X (3)     (3) (3)  (3)    
Idaho X (3)              
Illinois X     75        
Indiana             (3)    
Iowa   (3) (3)            
Kansas X (3) X            
Kentucky   (3)              
Louisiana X (3) X 70         70
Maine       40, 62          
Maryland X (3) (3) 40     (3)    
Massachusetts                  
Michigan X (3) X            
Minnesota X              
Mississippi   (3) (3)            
Missouri X                
Montana X (3)             (5)
Nebraska X (3) (3)            
Nevada X (3) (3) 65     70 X (6)
New Hampshire X       75        
New Jersey X             X  
New Mexico                  
New York   (3) (3)            
North Carolina X (3)            
North Dakota X (3) (3)            
Ohio X (3) (3)            
Oklahoma X                
Oregon       50       X  
Pennsylvania       45     45 X  
Rhode Island X (3)              
South Carolina X (3) (3) 65          
South Dakota X                
Tennessee                  
Texas X     85          79
Utah X (3) (3) 65       X  
Vermont                  
Virginia X   (3) 80          
Washington X (3) (3)            
West Virginia               X  
Wisconsin   (3)              
Wyoming X (3) (3)            

(1) Periodic retests.  Some states will waive vision retests for mail renewal or clean-record drivers. Most states require medical tests at application and renewal for certain medical conditions or after a certain number of accidents.
(2) Physicians must report physical conditions that might impair driving skills.
(3) Retesting only for cause, e.g., after specific number of accidents or other points and infractions, for specific physical conditions; sometimes at examiner’s discretion.
(4) Specifically requires doctors to report a diagnosis of dementia.
(5) Only two successive renewals may be made electronically or by mail, regardless of age.
(6) All drivers must renew in person every 8 years.

Note: Specific requirements vary by state; contact state department or motor vehicles for more information.

Source:  U.S. Department of Transportation, Federal Highway Administration; AARP; American Automobile Association; American Association of Motor Vehicle Administrators; Insurance Institute for Highway Safety.


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 require a more rigorous learning period before granting young drivers the privilege of a drivers license. This requires young drivers between the ages of 15 and 18 to apply for a graduated drivers 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 (learners 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).
  • Motor vehicle crashes are the leading cause of death among 15- to 20-year olds.

  • Among licensed drivers, motorists between the ages of 15 and 20 have the highest rate of fatal crashes relative to other age groups, including the elderly.

STATE YOUNG DRIVER LAWS (1)



 

Graduated licensing (2)

 

 

State

Learners permit required for a minimum period

Intermediate or provisional license required

Restrictions on night driving (3)

Passenger restrictions (4)

Driver may not operate a cell phone in learner and/or intermediate stages
Alabama 6 months X X X  
Alaska 6 months X X X  
Arizona 6 months* X* X* X*  
Arkansas 6 months X      
California 6 months X X X X (5)*
Colorado 12 months X X X X
Connecticut 6 months X X X X (5)
Delaware 6 months X X X X
D.C. 6 months X X X X (5)
Florida 12 months X X    
Georgia 12 months X X X  
Hawaii 6 months X X X  
Idaho 6 months X X X  
Illinois 9 months X X X X
Indiana 2 months X X X  
Iowa 6 months X X    
Kansas 6 months        
Kentucky 6 months X X X  
Louisiana 6 months X X    
Maine 6 months X X X X
Maryland 6 months X X X X (6)
Massachusetts 6 months X X X  
Michigan 6 months X X    
Minnesota 6 months X     X
Mississippi 6 months X X    
Missouri 6 months X X X  
Montana 6 months X X X  
Nebraska 6 months X X X X
Nevada 6 months X X X  
New Hampshire 3 months (7) X X X  
New Jersey 6 months X X X X (5)
New Mexico 6 months X X X  
New York 6 months (8) X X X X (5)
North Carolina 12 months X X X X (6)
North Dakota 6 months        
Ohio 6 months X X X  
Oklahoma 6 months X X X  
Oregon 6 months X X X X
Pennsylvania 6 months X X    
Rhode Island 6 months X X X X (6)
South Carolina 6 months X X X  
South Dakota 6 months (7) X X    
Tennessee 6 months X X X X
Texas 6 months X X X X
Utah 6 months X X X  
Vermont  12 months X   X  
Virginia 9 months X X X X
Washington 6 months X X X X (5)*
West Virginia 6 months X X X X
Wisconsin 6 months X X X  
Wyoming 10 days X X X  

(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. All states have lower blood alcohol content laws for under-21 drivers which range from none to 0.02, in contrast with 0.08 for drivers over the age of 21 in all states.
(2) Graduated licensing as defined by the National Highway Traffic Safety Administration.
(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 or religious activities and emergencies.
(4) Limits the number of teenage passengers a young driver may have in the vehicle.
(5) Laws ban all drivers from using handheld cell phones.
(6) For drivers younger than 18.
(7) 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.
(8) Minimum holding period applies to the limited junior driver license for permit holders who pass a road test and certify 20 or more hours of practice; with some restrictions.

*Effective July 1, 2008.

 Source: Insurance Institute for Highway Safety; U.S. Department of Transportation, National Highway Traffic Safety Administration; National Conference of State Legislatures; Insurance Information Institute.


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