Tiered licensing? California mandates training for under 21s

training

In what could be the USA’s first foray into tiered motorcycle licensing, “Jarrad’s Law” has just gone into effect in California, requiring anyone under 21 to complete 15 hours of on-bike training before receiving a motorcycle permit. The law was co-authored by two teenagers motivated by the death of their brother and friend in a motorcycle accident.

Photo: Grant Ray

Until January 2, 2011, teenagers in California could hop on a motorcycle and legally ride at the age of 15 years, 6 months after simply completing a written test and receiving their learner’s permit. Now, motorcycle permit applicants under the age of 21 will be required to complete 15 hours of formal on-bike training in addition to that written test before receiving their learner’s permit.

Michael Kelleher and Sawyer Cole sought the law’s introduction after Sawyer’s older brother, Jarrad Cole, was killed while learning how to ride a bike in 2007. Jarrad had passed the written exam and received his permit when he undertook his first riding lesson on a Suzuki GSX-R in front of his father’s house. While his dad was in the garage gathering more cones, he heard the sound of an engine revving, then a bang. Running back outside he discovered that Jarrad had collided with a wall, severing his aorta in the process. During the grief that followed Jarrad’s death Michael and Sawyer came to the conclusion that mandated training could help prevent such incidents in the future.

Here’s the complete text of the new law:

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“After Jarrad’s death I could find no positive reaction or positive emotion anywhere,” said Sawyer. “For over a year I couldn’t talk about my feelings — or even feel them. I refused counseling adamantly. Finally my parents forced me to go and I did weekly counseling for eight months. It really got me back on my feet. Senior year started and Michael had the idea to change the law on motorcycle permits. By then I was in good enough shape to take this on. This final step gives things positive closure. It feels like a giving back. Now when I think of what happened, something positive is there.”

Tiered licensing — the practice of restricting the engine capacity or performance of motorcycles an individual is licensed to operate based on their age, training or experience — is common practice in Europe and Asia where it’s seen as a common sense solution to motorcycle safety. For example, England, where I grew up and began riding, mandates that at 16 you can operate a bike with a maximum capacity of 50cc. This increases to 125cc at 17. The standard license test is then taken on 125cc bikes, giving riders access to any machine developing 33bhp or less for two years, at which point the restriction is removed. Alternatively, riders 21 years and older can opt for a “direct access” test which is conducted on larger bikes and is considerably more difficult, but allows immediate access to any capacity motorcycle.

But the idea behind tiered licensing isn’t to sell small bikes or impose capacity limits, it’s recognizing that many motorcycles offer more than young riders can handle, creating a need to manage the way in which a new rider enters motorcycling to try and help them do so safely and responsibly. That’s the same intention behind Jarrad’s Law.

The effect of tiered licensing in countries like England is a far more gradual entry into motorcycling. While teens lust after bikes like the Yamaha R1, they understand that being able to safely ride one requires years of experience, lots of skill and a level of responsibility they don’t yet have. The mandated capacities create a built-in market for small-capacity bikes and learning to ride on them is empowering, lending young riders a helping hand in developing real riding skills early in life. Learning to ride — a lifetime process, not simply a case of taking a class — on smaller bikes reduces the consequences of mistakes and puts the rider’s focus on building skills, not simply relying on power.

While Jarrad’s Law doesn’t go so far as to mandate engine capacity or performance limits, by defining training mandates based on age it is effectively creating a tiered licensing system. Under 21s will have to go about learning to ride in a different way to over 21s. That’s an important distinction and a significant first step in the direction of improved motorcycle safety in a country where it’s not unheard of to see teenage riders purchasing superbikes as their first motorcycles, then crashing them at 157mph. Under Jarrad’s Law, young riders receive more care during their entry into motorcycling. They need it.

Reader Dan Kerr reminds us that Oregon is rolling out a similar program, mandating “Team Oregon Basic Rider Training” starting with anyone under 31 this month and expanding that to all new riders in 2015. This table illustrates the change in Oregon law:

Consider this an encroachment on your freedom? Common sense laws like this that will tangibly reduce the number of teenage motorcycle deaths are an important route to making motorcycle use in the US more responsible; more accessible and less intimidating to new riders; and improving our image. Basically, laws like this will help us retain the ability to ride motorcycles on the road in the US.

Or, as former-California Assemblyman Roger Niello, who helped Michael and Sawyer create this law, puts it, “I would challenge anybody who makes those comments to justify why we should not have a standard of competency on the public roads.”

MSNBC and The Sacramento Bee

  • http://michael.uhlarik@amarokconsultants.com michael uhlarik

    Not a moment too soon. Having just ridden in southern California for the first time a few weeks ago, I can attest to the high level of dangerous motorcycling on the public roads there.

    People need to occasionally be protected from themselves, for the greater good. I realize that as a Canadian this sentiment does not always play well in the United States. But there is, I think, no contradiction in requiring training for safe operation of a motor vehicle to preserve life, and preserving individual liberty.

    • ike6116

      This the one TIME, THE ONE TIME I will ever EVER side with the whole “Operating a motor vehicle is privilege, not a right” people. (The rest of the time that argument is COMPLETELY bullshit, It is impossible for an adult anywhere outside of a few metro areas that actually have decent public transportation to function as adult without a license)

  • soban881

    Sounds like a good solution (I had some very stupid ideas about riding at age 18), but I hope they keep the cost of those 15 hours of training reasonable, along with insurance rates. What kind of experience do the instructors have? I was required to take training for my car license in NJ, and the instructors here were hardly beacons of knowledge… MSF on the other hand was great.

    Also, when does “I would challenge anybody who makes those comments to justify why we should not have a standard of competency on the public roads” begin to apply to car drivers?

    • Mr.Paynter

      Agreed, that’s all I could think of, out here in South Africa there are people who literally ride motorcycles because it’s all they can afford.

      If that’s even remotely so out there, those 15 hours of training’s extra cost may scare off potential bikers?

  • Marlon

    We’ve got a similar thing in Australia, where you are limited to sub 660cc bikes and power to weight ratio. Things like the CBR600 are out, but XT660′s, CB400′s etc are fine. It’s not such a bad thing for rider training and great at promoting mid-capacity motorcycling.

    But I’m going to read the comments here with interest. I’ve always thought of the States as the “land of the free” and all that stuff where people are able to make their own mistakes without excessive licencing restrictions.

    • Scott

      Marlon, “land of the free” is a political example of effective marketing.

  • http://www.facebook.com/beastincarnate BeastIncarnate

    Reading the bill looks like it’s saying the MSF (or equivalent) course is mandatory and that gets an under 21 rider an instruction permit for six months. That permit denies access to riding after dark, on particular freeways, and with a passenger. So, the big deal here relevant to training is requiring a course equivalent to the MSF Basic RiderCourse? Unless I’m misunderstanding, that seems like a mediocre first step.

    I took the basic course in two different locations a few years apart. The first time, I passed the course at the top of the class yet couldn’t properly start from a stop. Personally, I would have been better off reading a book on it than the quality of instruction I received. In both courses, there were young male riders who were eager to make bad choices. They passed right on through. If this isn’t requiring significantly more from a young rider, other than a few limitations for a few months, I don’t think it’s enough.

    Maybe it’s good that it sets some kind of age-related precedent?

  • http://www.ninja250blog.com R.Sallee

    California already required MSF for under-21s to get a license. I think the only difference here is now they need it just to get a permit.

    Tiered lcensing is a shit solution to a problem that can’t be fixed. People will make bad decisions. You can’t stop them from hurting themselves and you shouldn’t try. Especially not with Euro-style tiering that’s based on years and restricts the avid new rider that does 15,000 miles the same as a guy that buys a bike and garages it 364 days of the year.

    It baffles me that tiered licensing is practically begged for by motorcyclists. Begging for limitations to your liberty to protect you from yourself. There’s another option, let self-preservation instincts regulate your personal risk and let people suffer the consequences of their decisions. If you want people to stop dying on motorcycles, just outlaw the things. Or let people make their own decisions and live with whatever happens. Or doesn’t.

    • http://hellforleathermagazine.com Wes Siler

      So you’re proposing outlawing motorcycles as way to avoid reducing personal freedom through licensing tiers?

      Take it from someone who appreciates personal freedom and that’s lived in countries with and without tiered licensing: it works. It doesn’t just reduce deaths, it fosters a much more mature riding culture that sees more people keep riding for life, instead of giving it up because they don’t realize training will help them enjoy it better.

      Training for permit is a big step when a lot of people use permits as a way to ride without getting licensed and because it dictates training before young riders get on the road for the first time.

      • http://www.ninja250blog.com R.Sallee

        Of course I’m not actually proposing the banning of motorcycles, it’s extremist rhetoric. Fact is riding motorcycles is more dangerous than not riding. Riding in a t-shirt is more dangerous than riding in leather. Riding without training more dangerous than with. Riding without a helmet is more dangerous than with one. Arbitrarily legislating certain levels of safety seems silly in a world where it’s illegal to drive a car without a seatbelt–nevermind that driving without a seatbelt is still infinitely safer than riding a motorcycle in the most prudent manner possible.

        In matters of my own protection, I’ll manage myself.

        • Roman

          I think the age restriction is key here. Can we agree that riding a motorcycle is more difficult than driving a car? So let’s look at it from the point of view that you can’t drive a car before turning 16, I don’t think anyone is proposing substantially lowering that age. Since riding a motorcycle is inherently more difficult/dangerous, why can’t we put in a few more age-based limitations on it until the rider has a chance to mature and develop some riding skills on lower powered machinery. There has to be some kind of a happy medium between personal liberty and common sense laws that allow society to function.

    • http://www.thisblueheaven.com Mark D

      “There’s another option, let self-preservation instincts regulate your personal risk and let people suffer the consequences of their decisions.” – We don’t even trust under-21 yr olds to buy a beer, a joint, or hell, even rent a car. The fact of the matter is, if you’re under 21, you’re not a fully legal adult in the USA. You are not physiologically developed enough to be able to make good decisions, so common sense restrictions help, yes, protect them from themselves. Tiering is just good policy; saying, “You can’t stop them from hurting themselves and you shouldn’t try” is a pretty sad and lazy rationalization for a traditionally “can-do” country like the US.

      We can do better. This is a good first step.

      • http://www.ninja250blog.com R.Sallee

        It’s not lazy, it’s reality. Know what is lazy? Addressing a problem of youth motorcycle injuries with a blanket limitation that doesn’t do jack about attitudes and personal responsibility. And attitudes and responsibility are the only things that can help.

        • http://hellforleathermagazine.com Wes Siler

          But it does do something about attitudes and responsibility, those are two thing that are hopefully taught alongside how to use a clutch etc.

          • http://www.ninja250blog.com R.Sallee

            I’ve been through MSF and strongly recommend it to anyone that wants to get into riding–I’ve convinced a handful of people to go through it, including my fiancee.

            In my experience, the peiple that got the most from the class were there already with a healthy fear of motorcycles. The dumbass that bought a “Jiggser” before the class (not a dumbass just ’cause of the bike choice) was just as much a dumbass at the end of the class, but he passed the riding test just fine. My MSF instructors were great, but they were there to test my ability to U-turn within a box and panic brake, not judge my attitude and level of personal responsibility. Because they can’t.

        • markbvt

          How do you propose to change a teenager’s attitude and sense of responsibility towards riding if not through training?

          • http://www.ninja250blog.com R.Sallee

            Not an easy answer, but I can easily say that you don’t do it by running someone’s life from an office in Sacramento.

            • markbvt

              By that logic, you could also say that we should allow kids to run free in the streets all day long instead of mandating that they attend school.

            • ike6116

              RUNNING SOMEONE’S LIFE?

              Perhaps a tad hyperbolic.

              I don’t see how this is any different from having to do Driver Training if you’re under 18. Nobody complains about that, why? Because cars are seen as a serious form of transportation not just a toy for the young and mid-life crisis guys.

              Im against the nanny state we’re creating in the US as well but there’s a big difference between something like outlawing soda and a piece of legislation that makes sense.

              You yourself even qualify your arguments by saying you’re all for the MSF and you urge your loved ones to take it? Is it really that unreasonable to mandate the MSF course for teenagers who want to ride a motorcycle? Absolutely not and it probably shouldn’t be limited to teenagers either.

            • http://www.thisblueheaven.com Mark D

              California has different license ties for car classes; Class A, B, C, D, etc. Should we just let any 16 yr old behind the wheel of an 18-wheeler just because of some theoretical political ideology that says any law, by definition, infringes on your individual liberty (which therefore must be the only thing a government should strive for)?

              I personally enjoy my liberty to not be run over by a high school student in a Mack truck :)

    • http://hellforleathermagazine.com Grant Ray

      “Begging for limitations to your liberty to protect you from yourself.”

      Unless you are on so-called private property, (itself a myth, but that’s another issue), every single through-way upon which you ride that 250 of yours is federally owned and operated property. Riding any of those roads never was nor ever will be a “liberty” at least in the Millian sense, it is in fact a luxury.

      Mill would also say that your argument to “let people suffer the consequences of their decisions” while vaild to a point, is made moot the moment the consequences of those actions by an individual infringe upon the lives and liberties of others.

      Who is more likely to crash into my life and liberty at high and uncontrolled speeds, a minimally-trained motorcyclist or a completely untrained motorcyclist?

      • Chris Davis

        ^nailed it^

  • Steve

    Space on the roads is a shared resource. We all get more value from that resource if we play by the same rules. Someone who does not know the rules or how to control their own vehicle is a threat to other people. Causing someone to prove they understand and intend to abide by those rules (training and licensing) and can compensate others if their failure to follow the rules causes harm to others (insurance) helps make sure we all get the best use of our shared resource.

    My favorite example is the merging of two lanes via what I call “the zipper game.” Every other car from each lane falls into their place. Once the pattern is started everyone knows what to expect and the merge does not have to cause a slowdown. But, when you get someone who does not want to play the game, who thinks the 5 seconds they can save by forcing their way ahead of where they out to fall in the pattern, it slows everyone down.

    Nobody is born knowing these rules or what benefits they and everyone else get from them. Training can help and therefore I support its requirement before using a shared, public resource.

    BTW, I am not a liberal. I am a motorcycle commuting, gun carrying, Libertarian voting Texan.

    • http://www.thisblueheaven.com Mark D

      Yeah, if you were a damn lib’rul, your opinion would have been totally invalidated :)

      • Steve

        Are you my neighbor?

  • robotribe

    15 hours? IMO, that’s the equivalent of noob like me having a week of cockpit flight time and being given a captain’s job for an airline.

  • Roman

    I’m all for tiered licensing. I think that one of the things that limits the appeal motorcycling in America is that the entry point for new riders is so steep. When I started riding about 5 years ago it was either get a Ninja 250, which are in high demand and hard to find at decent price used, an old beater or a discarded 600 that’s still way too much bike for a new rider. I ended up getting a GS500, which is really a pretty crappy bike, riding it for a year before being ready to move on to something a little more capable.

    I was in my mid 20s and I was still barely mature enough to handle it, can’t even imagine being a teenager on a modern liter bike. With a tiered licensing system, you’ll have a market flooded with accessible, modern, low-displacement bikes. Interested riders will have a wide array of un-intimidating, affordable bikes to choose from and the motorcycling world will have a much needed fresh infusion of new blood. Plus a few more youngins will live-on to buy motorcycles instead of crashing head-on into a wall somewhere. It’s a win-win.

    • Surj

      A decent running GS500 is a dream bike compared to the broken down, unsafe junk I started riding on the street twenty-something years ago. Consider yourself lucky. :)

      Back on topic, I too am all for more education for new riders, and as Soban881 says, that needs to start applying to car drivers as well.

  • Myles

    Meh, MSF course is limited to to parking lot speeds. It’s better than nothing, but it isn’t really going to help a kid on four cylinder sport bike. How many of these kids can properly navigate a simple ~50mph sweeper after braking from ~100mph? I know it can seem out of place to “teach” an illegal behavior, but that’s the #1 cause of single bike accidents for young riders. Grabbing the right lever with the bike leaned kills thousands of kids every year.

    Not to sound like a dick, but how many die in the driveway? I feel bad for the kid, but did California look at any numbers before making this law? Or was it an emotional reaction to a sad story? Maybe I’m heartless, but sad stories never make good precedent for new laws – data does.

    I’d only be ok with tiered licensing if it accounted for roads in the US. We have 80mph speed limits in places (and many states have at least a few stretches of 70mph)a 125cc machine is going to have a hard time keeping up. Maybe a 55hp restriction? I’d like to see more bikes in that power range, and it would force companies to win battles with lightness and torque (everyone is going to go after the fastest available).

  • Archer

    This is exactly “The USA’s first foray into tiered motorcycle licensing”.

    In Utah, a form of tiering went into effect in 2008.

    * If a rider tests on a 90cc or less motorcycle or scooter they will be restricted to 90cc or less.
    * If a rider tests on a 249cc or less motorcycle or scooter they will be restricted to 249cc or less.
    * If a rider tests on a 649cc or less motorcycle or scooter they will be restricted to 649cc or less.
    * If a rider tests on a motorcycle or scooter larger than 650cc they will be allowed to ride any motorcycle or scooter.

    If you take a motorcycle safety class on a 250cc, successful completion will waive the riding part of the license test for an up to 649cc endorsement.

  • Cheese302

    always seems to me that people in america consired having a lisence a right, it’s not. it’s a priveledge. you still cant cure stupid, but i am also all for teired lisencing.

  • Archer

    I just realized the true cause of this issue!

    “Jarrad had collided with a wall, severing one of his aortas in the process”

    THE GUY WAS A MUTANT!! He had more than one aorta!!! Of course, he didn’t have enough blood to run his brain with all that extra tubing inside him!

    This isn’t about tiered licensing, IT’S ABOUT MUTANTS!!!

    Honestly, I do wish lawmakers would stop trying to oppress Darwinism.

    • http://hellforleathermagazine.com Wes Siler

      Ah, my high school biology apparently has me confusing aortas and ventricles…

      • Archer

        No, I think you had it right. This guy was just a freak of nature, thank goodness it didn’t spawn. Imagine, a whole new human species without enough blood to control their throttle hands. Behold, the rise of Homo Sausagecreatureus. Carnage everywhere!

        • http://www.thisblueheaven.com Mark D

          “No officer, I have a rare pulmonary condition. Five aortas, terrible burden, massive daily drug load required. My right hand seizes up when I ride my bike, hoho…”

  • JRl

    They had a problem: kid dies learning to ride motorcycle in front of house. They implemented a solution (to THIS problem): instructional training (MSF course) for learners permit is mandatory.

    The MSF course is pretty much a no brainer; they teach you how to ride 250cc bikes around a parking lot; and similarly to how high school prepares you for college, when you’re done you’re jumping in with the big fishes with the slightest of a clue.

    Kids will be kids, they’ll buy the 1,000cc superbike because they want to impress their friends and fly around traffic at rocket speeds. I think tiered licensing is a good idea but will probably never happen in the US. The next best alternative is to convince young riders that getting a 250cc bike is still cool and in a lot of ways, they can have just as much fun as the liter bike. And incentives for lower displacement bikes.

    I still think the best overall solution is to offer more (and cheaper) training on the track. If you learn how to ride a motorcycle at its highest limit, you’re more able to handle everything below..

  • wwalkersd

    Gee, not a single comment here that the real cause of this death was the choice of the father to teach his son to ride on his GSX-R. I’m surprised.

    I don’t know, but I would assume that the throttle response of a GSX-R (and do we know whether it was 600, 750, or 1000?) requires much finer control than, say, your average MSF 250. I think that was a really poor decision on the father’s part.

    That being said, I’m all in favor of tiered licensing and mandatory rider education, rugged individualism be damned.

    • http://hellforleathermagazine.com Wes Siler

      Of course, it doesn’t say if it was a 2007 GSX-R or a clapped out 1985 model, there’s a lot of room in the “GSX-R” descriptor that could have included something relatively reasonable.

      • seanslides

        A GSXR 250 is a perfectly reasonable starter bike.

        • Kurt

          Maybe in a country where it is actually available.

  • casey

    Well they better invest in the MSF programs and update their standards. 3 people passed in my class last year that terrified me. One gentlemen couldn’t even manage a simple turn without almost running into another class member. 2 women in the class that past the course dropped their bikes during the final test, and the instructors didnt even notice!

    I learned very little in the course, and felt like I was paying to NOT take the DMV test. A lot of people recommended I take the course before buying a bike, and Im glad they had my best interests in mind. I just wish the course did too. I called the company that was responsible for my class after it was done and told them how I felt.

  • http://pinkyracer.com pinkyracer

    nice! education is never a waste. It’s a shame $2,000/year insurance premiums aren’t enough to keep kids off the open-class liter bikes. Hopefully their teachers will be able to actually influence them to buy sensible starter bikes. When I accidentally over-revved my first bike (Vespa P200E) all I did was pop a fairly respectable wheelie and ride away from the preppy kids who were making fun of me at the mall. Probably wouldn’t be here today if I’d started out on the R1 I ride now.

    • seanslides

      I’d pay good money to see a photo of you doing that wheelie.

  • ak

    Teired licensing is great and has been proven in Japan and most European countries.

    While this law is a good step, its pretty small, but a good step none the less.

    Mr. Uhlarik wrote, “People need to occasionally be protected from themselves, for the greater good…[T]here is, I think, no contradiction in requiring training for safe operation of a motor vehicle to preserve life, and preserving individual liberty.”

    Mr. Siler wrote in reponse to R.Salles ‘extremist rhetoric’, “Take it from someone who appreciates personal freedom and that’s lived in countries with and without tiered licensing: it works. It doesn’t just reduce deaths, it fosters a much more mature riding culture that sees more people keep riding for life, instead of giving it up because they don’t realize training will help them enjoy it better.”

    Children will be awestruck by anything with a motor and two wheels, just as we were, and hopfully still are. Lets teach them right and have them become better riders and understand the mechanics and fundamental physics of a motorcycle.

    Great subject, and lets get one thing straight; we all hate squids. I’de much rather see a middle-aged adventure tourer on a 33 peak h.p. bike then a 16 year old on a liter bike any day.

    …and maybe we can adapt this concept of teired licensing to automobiles?

  • T Diver

    Maybe it will cut back on the cost we all pay when we scrape teenager on the road. Teenagers are idiots. We (adults) were all idiots when were teenagers. This is not about civil liberties. It’s about sparng non-idiots the costs of cleaning up after idiots.

    • ike6116

      Idiocy is not limited to teenagers

    • Kurt

      The problem is that we as a society have apparently decided we should absorb the costs of individual’s irresponsibility. I would rather quit paying the cost(sic), idiots, teenagers, whomever.

  • jonoabq

    The single most glaring problem with MSF is that they (at least here in NM) allow people to take the class on a 125…then promptly run out and buy a liter class bike. That said, maybe we should be looking at this from a social perspective rather than a strictly economic or safety related one. I would suggest that the social acceptance of new (especially teen) riders on 125′s or 250′s is rather low. I certainly don’t see many around here, 600′s and 1k’s being the norm. Protecting new and inexperienced new/young riders from imitating their peers by capping displacement does work. Making the tiered licensing mandatory helps alleviate some of the social stigma associated with being the only kid in school not on a R6 and possibly keeps a few more of them off the pavement.

  • Kurt

    Anyone without enough sense to seek out some training before operating a motorcycle on the street is not going to gain much of same simply by taking the BRC, so I’m not sure such a requirement will do much to prevent the harm which gave rise to it. In addition, I think the age rquirement is pretty arbitrary. There are many 16-year-olds who have been riding in the dirt for many years and are better at controlling any kind of motorcycle than many, if not most, adults of any age. Training as mandated will not teach them anything they don’t know already about riding, and certainly won’t teach them to not be 16 anymore. Many 30-year-olds I’ve seen should probably never ride if they have any sense of self-preservation.

    • jonoabq

      Sooooo, you are in essence saying that 16 year olds that have dirt experience are better riders than everybody else on the road? What happens when they get older…do they get worse?

      • Kurt

        No, that’s not what I’m saying, in essence or otherwise. And what happens when they get older is this law no longer applies to them. All I’m saying is that why 16, and not 25? 45? Geez, get a new trolling motor for your boat.

        • jonoabq

          Not really trying to pick an argument, I just disagree that simply because someone (at any age) can ride a 2-stroke 250 qualifies them to ride a 180hp bike in a completely different environment. I agree with you that the law should apply equally to every age…though possibly with a provision to test out of each tier. That said I fail to see how spending some time on a smaller displacement machine could be bad for any rider.