Parents of 2 Morris County teens filed a lawsuit challenging the law, claiming it allows police to unfairly target young drivers, and leaves them vulnerable to criminals Watch video
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A red decal attached to a license plate at a 2010 press conference announcing the specifics of Kyleigh's Law. Probationary drivers under the age of 21 will be required to affix a red decal on their license plates.TRENTON — Saying an age group is not as personal as other information retained about New Jersey motorists, an appellate court today upheld a state law that requires young drivers to affix red decals to their cars.
The unanimous ruling from the three-judge panel so incensed opponents of Kyleigh’s Law, which took effect last May, that they vowed an immediate appeal to state Supreme Court. The appeals court said the state’s graduated driver’s license system (GDLS) does not identify young drivers anymore than they identify themselves as young merely by being in public.
"The governmental interest furthered by enforcement of this system of restricted driving privileges established by the GDLS is safety on the roadways of this state," Judge Jane Grall wrote for the panel. "The decals which must be used by young drivers subject to the GDLS restrictions are suitable means of furthering that interest."
The dispute centers on a revision of the system that requires drivers between the ages of 16 and 21 to affix red decals to the front and rear license plates of their vehicles. The decals are supposed to be a way for police to more easily identify provisional drivers or those with permits who are subject to certain restrictions, such as the number of people allowed in the car with them and the hours they can be on the road.
But opponents of Kyleigh’s Law — named for a 16-year-old Long Valley girl killed in a car driven by a provisional driver in 2006 — insist the decals are a red flag to police to unfairly target young drivers and as a lure to criminals who prey on teens.
"This is a law we believe places people in danger rather than helps them," said Rockaway attorney Gregg Trautmann, who argued against Kyleigh’s Law before the appeals court. "While I respect the judges’ efforts, I think they’re taking an unreasonably narrow view of what is protected."
Trautmann said Kyleigh’s Law violated the Federal Driver’s Privacy Protection Act, which forbids a state motor vehicle agency from disclosing personal information or "highly restricted" personal information except under certain circumstances.
But the appellate court said a person’s age group does not fall under any of those restrictions. The panel also said that while those who are between 16 and 21 years old may be vulnerable, it does not make them ‘‘peculiarly vulnerable to criminal acts.’’
A separate review of Kyleigh’s Law, ordered by Gov. Chris Christie last October, is examining whether the newest revision of the state’s graduated driver’s license system (GDLS) imperils young drivers more than it helps them.
Previous coverage:
• Gov. Christie says efforts are under way to address Kyleigh's Law concerns
• Gov. Christie vetoes bill asking for review of Kyleigh's Law
• N.J. parents, teens protest against Kyleigh's Law at Morris County lawmakers' offices
• Kyleigh's Law requires license decals for young N.J. drivers
