Teen Driving: When Curfews Apply

William Buschman emailed a question regarding curfews: My 16-year-old son plays high school football. On Friday nights his games sometime run long. Is he allowed to drive home after the game if he will not be able to arrive home before the 10 p.m. curfew? Is this OK because it’s a school activity?

William is actually asking two questions: Can his 16-year-old son drive home after participating in a high school football game and what about a 10 p.m. curfew?

Let’s answer the driving question first. If William’s son has a level-one Graduated Drivers License (GDL), he would not be allowed to drive anywhere, at any time, without a licensed parent or guardian or any licensed driver designated by the parent or guardian.

If William’s son has a level-two GDL, he would be allowed to drive to or from an authorized activity and would be able to have passengers who attended the authorized activity. He would also be able to drive after 10 p.m. as long as he is driving to or from an authorized activity.

There is a detailed list defining an “authorized activity.” Some of them are: a school or school sanctioned event, sporting event or extracurricular activity that is not school sanctioned but is part of an official league or association, or that is paid for as a service; a class or program offered by a college, nonprofit association, unit of government or by a vocational training business; activity sponsored by a religious organization or the transporting of a person needing immediate emergency care or personal protection.

A detailed listing of what is considered an “authorized activity” can be found in the Michigan’s Graduated Driver Licensing: A Guide For Parents, published by the Michigan Secretary of State or at www.michigan.gov/sos.

The other question William had is regarding curfew. Michigan actually has several curfew laws but they address minors under the age of 16.

MCL 722.751, section 1, defines curfew for children under 12 years old. “No minor under the age of 12 years shall loiter, idle or congregate in or on any public street, highway, alley or park between the hours of 10 p.m. and 6 a.m., unless the minor is accompanied by a parent or guardian, or some adult delegated by the parent or guardian to accompany the child.”

MCL 722.752, section 2, defines curfew for minors under the age of 16. “A minor under the age of 16 years shall not loiter, idle or congregate in or on any public street, highway, alley or park between the hours of 12 a.m. and 6 a.m., immediately following, except where the minor is accompanied by a parent or guardian, or an adult delegated by the parent or guardian to accompany the minor, or where the minor is upon an errand or other legitimate business directed by his parent or guardian.”

MCL 722.753 defines aiding underage children to violate the law. “Any person of the age of 16 years or over assisting, aiding, abetting, allowing, permitting or encouraging any minor under the age of 16 years to violate the provisions of sections 1 and 2 hereof is guilty of a misdemeanor.”

MCL 722.754 states, “nothing in this act shall be deemed to limit any powers now or hereafter possessed by law by any township, charter township, city or village to regulate by ordinance a curfew of minors.”

Since William’s son is 16 years old the state curfew law does not affect him. Remember the GDL level-two permit allows the juvenile driver to drive “to and from, authorized activities.” Not for example; from home, to the football game, to the pizza shop, to the mid night movies, to a video store and then home.

I hope you noticed, all the curfew laws mentions the parents having the controlling direction for their children.

“No matter how calmly you try to referee, parenting will eventually produce bizarre behavior, and I'm not talking about the kids," Bill Cosby said.

If you have a question, please send it to askatrooper12@gmail.com or mail it to the Michigan State Police – Brighton Post, 4803 S Old U.S. 23, Brighton, MI 48114.