42-2-108. Application of minors - rules.
Statute text
(1) (a) (I) The application of any person under eighteen years of age for an instruction permit or minor driver's license must be accompanied by either:
(A) An affidavit of liability signed and verified by the parent, stepparent, foster parent, grandparent with power of attorney, guardian, spouse of the applicant if the spouse is eighteen years of age or older, or any other responsible adult who assumes the obligation imposed under this article 2 by signing the affidavit of liability for a minor; or
(B) Proof of financial responsibility for the future, as defined in section 42-7-103 (14), held in the name of the minor if the minor is a foster child.
(II) When an applicant has been made a ward of any court in the state for any reason and has been placed in foster care, the foster parents or parent may sign the affidavit of liability for the minor. If the parent or foster parent is unwilling or unable to sign the affidavit of liability, a guardian ad litem or counsel for youth, an official of the county department of human or social services having custody of the applicant, or an official of the division of youth services in the state department of human services having custody of the applicant may sign the application for an instruction permit without signing the affidavit of liability for the minor if the requirements of subsection (1)(b) of this section are met; except that, prior to signing the application for an instruction permit, the guardian ad litem or counsel for youth or other official shall notify the court of the guardian ad litem's or counsel for youth's or other official's intent to sign the application, and except that the guardian ad litem or counsel for youth or official shall not sign the application for an instruction permit for a minor who is placed in foster care and is under seventeen years of age without first obtaining the consent of the foster parent. If the minor is seventeen years of age or older and is in the care of a foster parent, in order to prepare the minor for emancipation from foster care and to assist the minor in obtaining important life skills, the guardian ad litem or counsel for youth or official shall consult with the foster parent of the minor about the opportunity for the minor to learn driving skills under the restrictions provided in subsection (1)(b) of this section prior to signing an application for an instruction permit. The guardian ad litem or counsel for youth or official shall solicit the opinion of the minor's foster parent concerning the minor's ability to exercise good judgment and make decisions as well as the minor's overall capacity to drive.
(III) When a minor to whom an instruction permit or minor driver's license has been issued is required to appear before the department for a hearing in accordance with this article 2, the person who signed the affidavit of liability for the minor or the guardian ad litem or counsel for youth or official who signed the application for an instruction permit for the minor shall accompany the minor. If the person who signed the minor's affidavit of liability or application for an instruction permit is unable to attend the hearing, the person shall submit to the department a verified signed statement certifying under oath that the person is aware of the purpose of the hearing but cannot attend.
(b) The department shall issue an instruction permit to an applicant under eighteen years of age who is otherwise eligible to obtain an instruction permit and who has been made a ward of the court and who is in out-of-home placement without the requirement of a person signing an affidavit of liability if the following requirements are met:
(I) The guardian ad litem or counsel for youth, an official of the county department of human or social services having custody of the applicant, or an official of the division of youth services in the state department of human services having custody of the applicant signs the application for an instruction permit; and
(II) (A) If the minor is in the care of a foster parent and is under seventeen years of age, the foster parent consents to the minor learning driving skills under the restrictions provided in this subsection (1); or
(B) If the minor is in the care of a foster parent and is at least seventeen years of age, the guardian ad litem or counsel for youth or the official has consulted with the foster parent prior to signing the application for an instruction permit.
(III) and (IV) Repealed.
(1.5) (a) The application of any person under the age of eighteen years for an instruction permit or minor driver's license shall include the option for a minor to be an organ or tissue donor.
(b) Repealed.
(c) Any person under the age of eighteen years who volunteers to donate anatomical gifts by designation on an instructional permit or minor driver's license shall include a notice of consent signed and verified by the father or the mother of the applicant, or, in the event neither parent is living, by the person or guardian having proof of legal custody of such minor, or by the spouse of the applicant if the spouse of the applicant is eighteen years of age or older.
(d) If the person under the age of eighteen years who volunteers to donate anatomical gifts by designation on an instructional permit or minor driver's license is an emancipated minor, a notice of consent is not necessary for an anatomical gift to be valid.
(e) Each county department of human or social services having custody of a foster child or ward of the court may implement a program that provides the services authorized under subsection (1)(b) of this section. The county department of human or social services may:
(I) Assess the child's or ward's mental, emotional, and physical ability to safely drive a motor vehicle and, based on that assessment, approve or deny the provision of services under subsection (1)(b) of this section; and
(II) Seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this subsection (1.5).
(2) (a) Any negligence or willful misconduct of a minor under eighteen years of age who drives a motor vehicle upon a highway is imputed to the person who signed the affidavit of liability that accompanied the minor's application for an instruction permit or a minor driver's license. The person is jointly and severally liable with the minor for any damages caused by the minor's negligence or willful misconduct, except as provided in subsection (3) of this section.
(b) A guardian ad litem or a counsel for youth, an official of a county or district department of human or social services, or an official of the division of youth services in the state department of human services who signs a minor's application for an instruction permit or a minor driver's license but does not sign an affidavit of liability does not impute liability on themselves, on the county, or on the state for any damages caused by the negligence or willful misconduct of the applicant.
(c) Nothing in this section waives or limits the governmental immunity of a county or district department of human or social services, as described in article 10 of title 24.
(3) (a) The department shall accept the application of a qualified minor if:
(I) A minor under eighteen years of age has deposited, or there is deposited on the minor's behalf, proof of financial responsibility covering the operation of a motor vehicle owned by the minor or, if the minor is not the owner of a motor vehicle, covering the operation of another motor vehicle; and
(II) The application is accompanied by an affidavit of liability signed by one parent or the guardian of the minor unless, under subsection (1) or (1.5) of this section, the minor need not have a responsible adult sign the affidavit of liability.
(b) While proof of financial responsibility is maintained, the parent, foster parent, or guardian is not subject to the liability imposed under subsection (2) of this section. Nothing in this section requires a foster parent to sign an affidavit of liability for a foster child and nothing in this section precludes a foster parent from obtaining a named driver's exclusion on the foster parent's insurance policy.
(4) Repealed.
(5) An individual who is in the custody of the state department of human services or a county or district department of human or social services who does not possess all of the required documents to apply for an instruction permit or a minor driver's license pursuant to this section may be eligible for exception processing pursuant to rules of the executive director of the department of revenue.
(6) On or before November 1, 2021, the executive director of the department of revenue shall promulgate rules establishing, to the extent permissible under federal law, forms of documentation that are acceptable for the purpose of allowing individuals who are in the custody of the state department of human services or a county or district department of human or social services to verify their legal residence in the United States, establish identity, and satisfy any other prerequisites for the acquisition of an instruction permit or a minor driver's license.
History
Source: L. 94: Entire title amended with relocations, p. 2119, 1, effective January 1, 1995. L. 2000: (1.5) added, p. 731, 10, effective July 1; (3) and (4) amended, p. 1350, 17, effective July 1, 2001. L. 2002: Entire section amended, p. 392, 1, effective May 2. L. 2004: (1)(a) and IP(1)(b) amended, p. 1266, 4, effective July 1; (1.5)(b) repealed, p. 1892, 5, effective August 4. L. 2005: (1)(a) amended, p. 642, 5, effective May 27. L. 2006: (1)(a) amended, p. 738, 3, effective July 1. L. 2017: (1)(a) and (1)(b)(I) amended, (HB 17-1329), ch. 381, p. 1985, 68, effective June 6. L. 2018: (1)(a) and (1)(b)(I) amended, (SB 18-092), ch. 38, p. 453, 142, effective August 8. L. 2019: (1)(a), IP(1)(b), (1)(b)(I), (1)(b)(II), and (3) amended, (1)(b)(III) and (1)(b)(IV) repealed, and (1.5)(e) added, (HB 19-1023), ch. 239, p. 2361, 2, effective August 2. L. 2021: (2) amended and (5) and (6) added, (HB 21-1084), ch. 203, p. 1069, 2, effective September 7. L. 2022: (1)(a)(II), (1)(a)(III), (1)(b)(I), (1)(b)(II)(B), and (2)(b) amended, (HB 22-1038), ch. 92, p. 445, 36, effective January 9, 2023.
Annotations
Editor's note: (1) This section is similar to former 42-2-107 as it existed prior to 1994, and the former 42-2-108 was relocated to 42-2-109.
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2006. (See L. 2000, p. 1350.)
Annotations
Cross references: For the legislative declaration contained in the 2004 act repealing subsection (1.5)(b), see section 1 of chapter 385, Session Laws of Colorado 2004. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.
Annotations
ANNOTATION
Annotations
Annotator's note. Since 42-2-108 is similar to 42-2-107 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations this section.
Legislative intent. While granting minors under the age of 18 the opportunity to gain experience in driving an automobile and granting them the privilege of using the public highways, the general assembly sought by this section to safeguard against the indiscretions of the inexperienced, youthful driver by requiring a financially responsible adult to assume the liability for accidents negligently or willfully caused by the youth. This was done, first, with the hope, that, having assumed the liability, the parent or guardian would exercise some degree of control over the minor's driving habits, and, second, to insure that the innocent victim of such negligence would be compensated for his injuries. Bilsten v. Porter, 33 Colo. App. 208, 516 P.2d 656 (1973); Lahey v. Benjou, 759 P.2d 855 (Colo. App. 1988).
Strict construction. This section, in derogation of the common law, is to be strictly construed. Bilsten v. Porter, 33 Colo. App. 208, 516 P.2d 656 (1973).
The statutory language of this section itself contains no express limitations on the parent's liability, and this is true whether or not the minor has disobeyed the terms of his temporary instruction license. Bilsten v. Porter, 33 Colo. App. 208, 516 P.2d 656 (1973).
Subsection (1) does not provide for notice but merely requires that the person who signed the application attend the hearing. Lopez v. Motor Vehicle Div., 189 Colo. 133, 538 P.2d 446 (1975).
Effect of 42-2-102 (1)(d). Subsection (1) only requires that the licensee be accompanied at the hearing by the person who signed the application of the minor, unless that person submits a verified statement. However, where licensees have never been required to apply for licenses in the state of Colorado, by virtue of 42-2-102 (1)(d), and since no person was required to sign their applications, no one is required to attend the hearing other than the licensees themselves. Lopez v. Motor Vehicle Div., 189 Colo. 133, 538 P.2d 446 (1975).
Applied in Bilsten v. Porter, 37 Colo. App. 389, 547 P.2d 255 (1976).