Driver's License
| Author | Jeffrey Wilson |
| Pages | 63-70 |
Page 63
In the United States, driver licenses are issued by the individual states for their residents. Protecting the public interest is the primary purpose of driver's licenses. They are required for operating all types of motor vehicles. Driver licenses are also used as an important form of photo identification in the United States, particularly in many non-driving situations where proof of identity or age is required. As identification, they are useful for boarding airline flights, cashing checks, and showing proof of age for activities such as purchasing alcoholic beverages.
The first driver's licenses were issued in Paris in 1893. To obtain one of these licenses, the driver was required to know how to repair his own car as well as drive it. In the United States, vehicle registration began in 1901. Licensing drivers began in 1916, and by the mid-1920s there were age requirements and other restrictions on who could be licensed to operate an automobile.
This authority is delegated to the states, although from the earliest years there have been challenges to particular aspects of state licensing laws, as well as outright challenges to the states' rights to license vehicles and drivers. With respect to the latter issue, the U.S. Supreme Court noted in 1915 in the case of Hendrick v. Maryland that "The movement of motor vehicles over the highways is attended by constant and serious dangers to the public and is also abnormally destructive to the [high]ways themselves…. [A] state may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of all motor vehicles—those moving in interstate commerce as well as others…. This is but an exercise of the police power uniformly recognized as belonging to the states and essential to the preservation of the health, safety, and comfort of their citizens" 235 US 610.
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Driver's licenses perform several vital functions. When they were first issued in the United States, driver's licenses were meant to verify that the holder had complied with the regulations associated with operating a motor vehicle. In addition to verifying compliance with state laws, driver's licenses have become an almost essential form of identification for individuals, law enforcement authorities, and others who require validation of identity. Later, photographs were added to aid in positive identification and to help reduce instances of fraud. Other measures to prevent counterfeiting driver's licenses include using thumb print and hologram images on the license. Today, many states issues licenses with magnetic strips and bar codes to provide for the electronic recording of driver license information if a traffic citation is issued.
When individuals present themselves at a state's licensing facility as an applicants for a driver's licenses, there are several requirements they will be required to meet in order to obtain a valid driver's license. State statutes provide very specific information about the requirements for obtaining a driver's license. These requirements include:
Residency requirements. For example, it is common for states to require individuals to apply for a driver's licenses within a certain time after moving to the state.
Production of identification documents (there is a preference for photo identification) and disclosure of the individuals' Social Security numbers.
Proof that the applicants meet the state's minimum age for possessing a driver's licenses.
Three tests: a written exam, a vision test, and a driving test.
If applicants are a foreign national, there may be additional requirements imposed by the state or by the INS.
Payment of the appropriate application fees.
Proof of insurance.
Production of any other valid licenses and instructions permits from other states or foreign countries.
Besides providing proof of an individual's' permission to drive, a driver's licenses are an important form of identification. Before licenses are awarded by a state, applicants will be asked to provide adequate proof of identity. Some of the common forms of identification accepted in many licensing facilities are:
A military identification card
A United States Passport
A student driver permit
A Social Security Card
An identification card issued by a state
An identification card issued by the U.S., a state, or an agency of either the U.S. or a state
Immigration and Naturalization Service identification cards or forms
The Alien Registration Card, I-151. Note that in some states, The Employment Authorization for Legalization Applicant's Card (I-688A and I-688B) may not be sufficient as an identification document.
In many states, individuals may present a combination of documents as proof of identity. These items may include:
Birth certificate or registration cards. It is best to bring either the original or a certified copy
The applicant's social security card
A marriage certificate or divorce decree. Again, original or certified copies will be best.
The applicant's voter registration card
A government-issued business or professional licenses (e.g. cosmetology license, law license)
The applicant's vehicle registration and/or title
The applicant's original or a certified copy of his school transcripts
If applicants present documents written in a language other than English, there may be a delay. Most licensing facilities make good faith efforts to read
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and interpret these documents. Occasionally, they may need to FAX applicants' documents to another office for assistance. If an adequate translation cannot be obtained, they may be asked to provide an English translation along with the original document
States require applicants for drivers' licenses to be at least 16 years of age. In many states, if applicants are younger than 18, they must also provide a signed parental authorization form. This form states a person's relationship to the applicant for a license and gives permission for the person to acquire a driver's license.
Usually, states will require that the parental authorization form be notarized or signed in the presence of the proper authority at a licensing facility. Whenever individuals present themselves for a driver's examination, they must provide proof of their identification and age. This can be done with an official document such as a birth certificate or passport.
When individuals apply for a driver's license, they are required to pay a fee based on the type of license for which they are applying and for any endorsement attached to the license. There are also fees assessed for license renewals and extensions. In most states, fees must be paid either in cash or by personal check. Few states accept credit cards or debit cards for payment of licensing fees. License fees are fairly moderate, but they do vary from state to state. Individuals can check with their state's department of motor vehicles for a fee schedule for driver's licenses, endorsements, or permits.
As part of the driver's license application process, individuals will be required to take a written test. This exam tests their knowledge of the rules of the road and their ability to recognize and interpret road signs. Usually, they must successfully complete the written exam prior to scheduling the driving test.
Good eyesight is of utmost importance for the safe operation of motor...
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