Kyleigh’s Law is a motor vehicle law in New Jersey that requires any driver under the age of 21 who holds a permit or a probationary license to display red decals to the top left corner of their front and rear license plates. The law is named for Kyleigh D’Alessio, a 16 year old killed in a 2006 Morris County car crash in which another teen was driving.

Many teenagers, and parents alike, believe that the law, Chapter 37, which requires any driver who operates a car with a driver’s permit or probationary license, to display a highly visible, reflective decal on their car. Drivers under the age of 21 must comply with this law. Teenagers and parents throughout New Jersey argue that the decal makes them a “target” to crime, and more vulnerable to criminal acts. The decal permits an observer to infer that the driver of the vehicle is under 21. Many New Jersey residents believe the law puts teen drivers in grave danger. The red decal on the license plate could be used by criminal and predators to target young victims. As a result, the law has been met with non-compliance across the State.

A group of plaintiffs filed a lawsuit seeking declaratory and injunctive relief on the grounds that the new law was pre-empted by the Federal Driver’s Privacy Act; violates equal protection; and constitutes an unreasonable search and seizure contrary to the Fourth Amendment of the Constitution. The Superior Court of New Jersey dismissed the Complaint. The Plaintiffs appealed the Court’s decision.

The Appellate Court has recently upheld Chapter 37, and requires all drivers under the age of 21 to bear the decal on their car.

There are other restrictions under Kyleigh’s Law that if violated, could result in a $100 fine. They are:

-The holder of a probationary license shall be permitted to operate an automobile with only one additional passenger in the vehicle besides any dependant of the probationary license holder, except that his passenger restriction shall not apply when the holder of the probationary license is at least 21 years of age or the probationary license holder is accompanied by a parent or guardian.

-The holder of a probationary license who is under 21 years of age shall not drive during the hours between 11:01 p.m. and 5:00 a.m.; provided however, that this condition may be waived for an emergency which, in the judgment of the local police, is of sufficient severity and magnitude to substantially endanger the helath,safety, welfare or property of a person or for any bona fide employment or religious-related activity in a manner provided for by the chief administrator.

-The holder of the probationary license shall not use any hand-held or hands-free interactive communication device, except in emergency, while operating a motor vehicle on public highway or road. "Use" shall include, but not limited to, talking or listening on any hand-held or hands-free interactive wireless communication device or operating its keys, buttons or other controls.

-The holder of the probationary license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system.

-Red stickers must be worn on front and back license plates of the car identifying the bearer as holding a probationary license.

If you have any questions regarding Kyleigh’s Law, or any other Motor Vehicle Law or Violation, call Mark & Galusha, attorneys who specialize in motor vehicle law/criminal law. Contact us at the "contact us" page, or by calling 908-626-1001 or 973-440-2311.