Thursday, November 18, 1999 Older Editions

The law is the law

By Neil Fater

Illegal driving and illegal drinking by Andover youth are not condoned by Andover's police chief and superintendent.

Such a statement hardly seems news.

But in the wake of letters and calls from upset parents, Superintendent Claudia Bach and Police Chief Brian Pattullo say they want to emphasize that they adamantly support both the state's Junior Operator's Law and laws banning the drinking of alcohol by minors.

Since an article on the Junior Operator's Law appeared in the Townsman Nov. 4 ("Kids driving kids"), Bach and Pattullo say they've been hearing from parents who have asked them to, as one anonymous letter said, "Take a stand and get the word around town that you plan to enforce the law!"

The Junior Operator's Law was enacted Nov. 4, 1998. It bans young motorists from driving with just their peers as passengers during the first six months they have their license.

The Townsman reported that many Andover youths are ignoring the law, in large part because some parents are telling them it's OK for them to car pool with their friends.

The article also noted that some police officers say they issue only verbal warnings to youth caught breaking the law.

That may no longer be the case. Andover police will be enforcing the Junior Operator's Law, which means youth caught driving others illegally will face a fine and could lose their license for 30 days, says Pattullo. He says the department had a roll-call training session focusing on the law in July, and another one during the past two weeks.

Young drivers aged 16 to 18 suffer the same high rate of accidents as drivers aged 75 and older, says Pattullo. "Parents should look at this law as an opportunity to get their kids experience driving without distractions," he says.

Kids and drinking

Both Pattullo and Bach say their departments also have a zero-tolerance policy regarding student drinking.

Bach emphasizes that a comment from the schools' health director, David Nichols, should not be misinterpreted as a sign the schools are saying it's OK for kids to drink.

"Schools teach kids to obey the laws and respect the laws," says Bach.

Nichols had told the Townsman he's concerned the Junior Operator's Law might harm the progress Andover has made in getting kids to use designated drivers. In the most recent Youth Risk Behavior Survey, only 24 percent of Andover High kids reported driving, during the previous 30 days, with someone who had been drinking alcohol. The state average was 35 percent.

"Although we obviously don't condone drinking alcohol, we want those kids who do to have designated drivers," said Nichols two weeks ago. "This law prevents that because they can't drive with their friends. So I can't endorse that law."

"As superintendent I say the law is the law and of course we support the law. It is illegal for students and any person under 21 to be drinking," says Bach.

"It doesn't mean they shouldn't obey the law. They should," says Nichols on Monday. "I'll stand by what was said. Any law like that, you have to look at carefully.

"If half the accidents by teens are alcohol-related, then we have to look at that issue. It's not that we're condoning alcohol use, but if you make one mistake, don't make two, in terms of drinking and driving," he says. "Of course, you observe the law and obviously we have a zero-tolerance policy. At the same time, you have to look carefully at the law (to make sure it is accomplishing what it is intended to)."

"From the police department's view, the designated driver concept is for people who are of legal drinking age who go out for entertainment and decide to have one person be the designated driver," says Pattullo. "It's nice that the kids think they can have a designated driver... but the message from the police department has to be people under age 21 should not be drinking.

"We all know it's a problem," he says. "We'd be living in a bubble if we thought the kids weren't drinking. But our position is strong."

While Bach and Pattullo say they have an important role to play in kids' lives, they acknowledge that parents must enforce the laws as well. Pattullo says some parents feel it's OK for kids to drink, as long as they're doing it in their home.

"Parents can't condone the consumption of alcohol by people under 21. That's something we see on a regular basis," says Pattullo. "They also have to lead by example and not get in a car after drinking alcohol."

"I think it's all of our responsibilities. It's (the schools') responsibility, but it's also the parents' and also the police department's," says Bach. "I hope parents do see their responsibility, but that doesn't negate ours."

Although Andover's statistics in the youth risk survey indicate Andover has done a better-than-average job in preventing kids from drinking and driving, Bach says the community can do more to decrease the numbers.

"Perhaps we've been successful in sending the right message," says Bach. "But the fact that they exist at all should not make us complacent."