Having the ability to easily access and use transportation systems in each state is an essential part of personal development for young individuals. This includes understanding the rules that affect youth access to transportation, public spaces, ridesharing services, and other mobility options. Being able to travel independently allows young people to gain independence and engage in more academics, after school systems, and employment opportunities.
However, in many parts of the United States, young people face legal restrictions that can limit their freedom of movement. These restrictions can affect their independence, social development, and overall well-being. It is important for young people and their families to understand the rules regarding transportation services so that rights and protections can be used correctly if ever needed.
Youth freedom of movement also includes safety protections. Some rules are put in place to protect youth; however, overly strict protection can limit a youth’s ability to become independent and gain the experiences they need to develop for the future.
NYRA advocates for fair freedom of movement policies that give young people greater control over their transportation access, while keeping basic protections and support in place.
Table of Contents
- Federal Laws on Freedom of Movement
- State Laws on Freedom of Movement
- Curfews
- Public Transportation Access
- Ridesharing Age Limits
- Runaway Rights
- Business Access Restrictions
- Driving Restrictions
- Conclusion
Federal Laws on Freedom of Movement
Federal laws provide young people with protections and safety when it comes to the use of transportation. For starters, young people’s right to travel from state to state is protected by the U.S. Constitution as a basic right. Under the Privileges and Immunities Clause of Article IV and the Fourteenth Amendment, U.S. citizens have the right to travel freely between states and cannot be discriminated against by a state just because they are from another state. Although this is not directly tied to specific transportation options for youth, these constitutional protections connect to equal treatment under the law and help prevent states from placing unfair stops on movement without a real reason to.
The Fourteenth Amendment also requires states to provide due process and equal protection under the law. This means that states cannot place unfair restrictions on youth travel. In some cases, courts have reviewed curfew laws or other related restrictions to ensure they do not violate constitutional protections.
In addition, federal agencies provide guidance and safety rules for all transportation systems to follow. For example, the U.S. Department of Transportation sets rules for highways, public transit systems, and vehicle safety. While these rules are mainly about safety, they also affect how young people are able to travel and move independently. Federal transportation funding and national safety rules help guide states to making safe and reliable ways to move within their communities for youth.
Apart from this, most specific rules about youth transportation laws (curfews, public transportation age limits, or runaway laws) are decided by states. Courts have always been known to allow states to choose their own youth movement laws as long as constitutional protections are maintained and restrictions are reasonable for safety purposes.
State Laws on Freedom of Movement
State laws play the biggest role in deciding how young people can travel alone and have a significant impact on their access to certain transportation systems. For starters, most states set rules in regards to curfews, runaway statutes, and access to public spaces or transportation.
Some states allow older teens more independence to travel or use public transit without adult supervision. Others still require parental approval for certain activities, such as riding buses or attending events at night. If an individual feels that these laws are unfair, state rules provide a few ways to address concerns. This includes contacting local authorities or joining advocacy organizations.
Furthermore, some states have laws about minors leaving home without parental permission. Adults who provide shelter to an individual who has run away from home can sometimes be charged with “harboring a runaway.” For example, under Texas Penal Code § 25.06, providing shelter for a runaway child without parental or guardian consent can result in criminal charges. While these laws are meant to protect young people, they can instead often expose young people to risk in trying to escape an unsafe situation or place.
Parents or guardians usually make most legal decisions for minors in regards to travel. While guidance is important, older teens are often capable of making thoughtful choices about independent movement on their own. Allowing them to practice traveling independently can help build responsibility, confidence, and decision-making skills for the future.
Some states have stricter rules that limit independence. For example, curfews can prevent minors from being in public at certain times, and some areas require parental supervision for transit access. Although these rules are meant to provide safety precautions for minors, these can often reduce opportunities for teens to work, attend school activities, or socialize outside of home. This can delay an individuals’ independence skills and cause them to feel the need to always rely on someone to help them navigate simple experiences, such as understanding transportation.
State laws should protect youth while also recognizing the importance of letting them practice safe traveling independently.
Curfews
Young people are routinely discriminated against by curfew laws. Curfew laws specifically prevent people under 18 from being outside during a certain period of time without adult supervision. Curfew laws limit access to evening programs, working at certain hours, and attending social events. Teens who are unable to travel freely at night may miss important experiences, which can affect their sense of independence and personal growth. Curfews that target young people violate their freedom of movement and are ineffective at reducing crime. They punish minors for being outside and do not keep anyone safe.
According to the Office of Juvenile Justice and Delinquency Prevention, breaking curfew can lead to fines, going to juvenile court, or in some cases penalizing parents or guardians.
NYRA has compiled a list of hundreds of curfew laws in each state in the US.
Public Transportation Access
Having the ability to use public transportation is an important part of a young person’s independence. This includes taking buses, trains, subways, and other forms of transit to get to school, work, social events, or other activities without relying entirely on parents or guardians. Being able to travel on your own helps build confidence, responsibility, and a sense of freedom. In the United States, there is no single rule about the minimum age for riding public transit alone. Instead, local transit systems often set their own rules. Some areas require younger passengers to have an adult or guardian with them for supervision. Other cities make transportation more available for the use of young people.
Ridesharing Age Limits
Ridesharing apps such as Uber and Lyft also affect young people’s ability to move independently. Both services require passengers to be at least 18 years of age to have an independent account. Teens under 18 years of age cannot create a standard account; however, both apps offer “teen accounts” in certain areas. These accounts require parental control, giving parents or guardians control over rides, pickup and drop-off locations, and location tracking. These age limits are connected to state minor contract laws. For example, California Family Code § 6700 limits a minor’s ability to enter contracts, which is required for the use of both Uber and Lyft.
Runaway Rights
Runaway laws are another important part of freedom of movement to consider. Unfortunately, runaways lack basic rights and freedom of movement in the United States. In many states, leaving home without parental permission is considered a status offense. This means that it is only illegal because the individual is under 18 years of age. Teens who run away may face legal consequences, and adults who provide shelter for runaways can sometimes be charged with “harboring a runaway.” In many states, cases involving runaways are often under Child in Need of Supervision (CHINS), Person in Need of Supervision (PINS), or Child in Need of Services (CINS). These runaway laws prevent young people from being able to excuse abusive homes, especially in circumstances where child protective services fail to intervene.
Business Access Restrictions
Many businesses and public spaces have rules that prevent minors from entering without adult supervision. This can include cafes, arcades, shopping centers, and other indoor areas. These rules are often enforced through state trespassing laws such as California Penal Code § 602 and Texas Penal Code § 30.05. While these rules are often meant to protect youth or prevent needing to take legal responsibility for the individual, they can also limit opportunities to explore the community around them. Teens who cannot access these spaces may feel more restricted, which can impact their social development, confidence, and independence.
Driving Restrictions
Most states establish an arbitrary driving age at 16, with 15.5 year olds being able to receive learners permits. Establishing a single age for when one is allowed to drive ignores the context of an individual’s history, life and competence, and only focuses on their immutable factors, which they have no control over.
Driver License Restrictions: Driver license laws are a major part of youth freedom of movement. Drivers licenses obtained by youth oftentimes come with rules including limits on night driving, restrictions on the number of passengers, and required hours of supervised driving before reaching a full privilege license. Although these rules are meant to place safety precautions, they can also limit teens’ ability to travel independently.
NYRA has compiled a full, comprehensive list of driving age limits in every state, as well as the restrictions on minors’ licenses in each state.
Conclusion
Freedom of movement policies for young people are mostly decided by states and transportation systems. Restrictions on access to transportation, public spaces, or ridesharing can slow independence and prevent youth from gaining important real world skills. Giving youth the ability to be in charge of their own transportation usage while also providing protections and support is the most effective approach when dealing with freedom of movement for young people.
Through advocating for fair and clear youth transportation policies, NYRA hopes to give young people more control over their own mobility while keeping basic protections and support opportunities in place.
The National Youth Rights Association
If you’re interested in Youth Rights, consider volunteering with us. We are always looking for new members and would love to have you on board. If you have a personal story to share, about a violation of your freedom of movement, or a general youth rights violation, consider sending us an email at nyra@youthrights.org. We’d love to help get your story out to the world.
