Know the Law Before Driving Out-of-State

Can my teen drive out of state on a permit or a probationary license?  As leader of the New Jersey Teen Safe Driving Coalition, I’m asked that question a lot by parents particularly when I facilitate the parent-teen driving orientation program, Share the Keys, at high schools and other community-based settings. 

Recently, a father contacted me by email to ask about the issue. He had queried representatives of both the New Jersey and New York Highway Safety Offices and was concerned by what he learned. According to New York law, a non-resident teen between the ages of 16 and 18 is required to abide by that state’s graduated driver license (GDL) restrictions, even if they differ from the GDL restrictions in the teen’s home state. Similar language isn’t included in New Jersey’s GDL law.   

I checked in with representatives of both state highway safety offices as well as reviewed each state’s GDL law and confirmed his findings. That prompted me to call the head of law enforcement for the American Association of Motor Vehicle Administrators (AAMVA).  A national, non-profit organization, AAMVA represents the state and provincial offices in the U.S. and Canada who administer and enforce motor vehicle laws, and serves as an information clearinghouse for motor vehicle administration, law enforcement and highway safety. 

First, he explained that since states have reciprocal licensing agreements, a teen holding a graduated driver license may drive in other states. However, the teen is required to adhere to both the GDL restrictions of the state in which he’s licensed as well as the state in which he’s driving. And therein lies the rub -- GDL restrictions can and do vary by state.  

For example, a teen holding a probationary license in New Jersey, may not drive between 11:01 p.m. and 5 a.m. If that same teen drives in New York, he must be off the road even earlier -- 9 p.m.  Pennsylvania’s nighttime driving restriction mirrors New Jersey’s, but the passenger restriction -- no more than one under 18 years of age for the first 6 months -- doesn’t sync with New Jersey’s -- no more than one regardless of age for the entire 12 month period.  

When you factor in age requirements, it’s even more problematic. New Jersey doesn’t allow a teen younger than 16 to obtain a learner’s permit or younger than 17 to hold a probationary license. Every other state allows a teen, after fulfilling the supervised practice driving requirements, to obtain a probationary license (referred to as an intermediate or junior license in other states) at age 16 and half or younger.   

Parents and teens need to do their homework before a GDL license holder drives in another state. That means verifying GDL requirements, which cover licensing, training and testing, as well as the GDL restrictions in advance of taking to the road. This is essential; if a GDL holder is stopped by a law enforcement official and isn’t in compliance with that state’s GDL restrictions, the officer has the discretion to issue a warning or citation for the violation.   

For New Jersey’s neighboring states, consult the detailed GDL driving restrictions of New York, City, Long Island and upstate New York, which have individual requirements and restrictions for each region. The GDL requirements for Pennsylvania and Delaware (see “GDL Learner’s Permit Law” link for the latter) apply statewide. Note that New York City has the strictest GDL driving restrictions. A teen holding a permit may drive in New York City ONLY with a parent, guardian or driving instructor and ONLY if the vehicle is equipped with dual controls (brakes). However, a teen holding a probationary (intermediate) license isn’t permitted to drive anywhere in New York City, even if accompanied by a parent or adult.   

Not all state GDL laws are created equal. Which begs the question, why not have a national GDL standard? Advocates lobbied Congress, which went so far as to include minimum GDL standards in the latest federal transportation funding law, which provides teen safe driving incentive grants to qualifying states. (No state currently meets the standards.) But drive license requirements are dictated by the states, making a federal GDL law unlikely for now.   

Clearly, some GDL laws are much better than others particularly when it comes to limiting those things that cause the greatest risk for novice drivers -- driving at night and with peer passengers, while using a cell phone, and properly restrained in a seat belt. As for minimum permit and licensing ages, New Jersey is held up as the model; research confirms that our older licensing age has positively impacted novice driver crash rates, injuries and fatalities.  

Recognizing that the license holder’s safety is paramount, parents should always enforce the most stringent GDL restrictions regardless of where their teen is driving. That may not prove popular with your teen, but it will improve his chances of surviving the most dangerous driving years.