Evening star., 1903-09-07
NO AUTO AGE LIMIT
CoUNSEL'S oPIN-
ION ON THE SUBJECT.
he Says, However, That Immaturity
May Justify Refusal Of
Permit.

The corporation counsel. A. B. Duvall,
has rendered an opinion to the Commits
stonerS relative to their right to prescribe
an age limitation in the issuance of auto
mobile operators permits. The board of
examiners has held to the opinion that no
person under the age of eighteen years
should be allowed to operate horseless We
hicles. Cooperation Counsel Duvall says i'm
maturity Of age may justify refusal. He
says:
'The Commissioners have promulgated
certain regulations respecting automobiles,
locomobiles and motor vehicles, being Ar
ticle XIV Of the police regulations.
'The legal authority Of the Commission
ers to enact these regulations was chal-
lenged, as was also the legality of each
section. Article XIV in Lockwood ct al
VS.. the Commissioners of the District of
Columbia, wherein an injunction was
sought to prevent the enforcement Of the
automobile regulations on the grounds,
among others. that the Commissioners were
without authority to make the regulations;
that the regulations were unconstitutional
unreasonable, and an improper and un-
necessary interference with property and
personal rights.
After full argument the court refused
the Injunction, being of opinion that the
regulations were within the authority of
the Commissioners and were unobjection-
able as to their legality.
"These regulations were made and pro-
mulgated under the authority Of the joint
resolution of Congress approved Febru-
ary rs. 1892, empowering the Commission
sonable and usual police regulations as
they may deem necessary for the pro-
lection OF lives, limbs, health. comfort,
and quiet of all persons. and the pro-
lection OF all property within the Dis
tr1ct of Columbia
Section 1 of the automobile regula-
ttons provides that 1t shall be unlawful for
any person to operate any motor vehicle,
the motive power for which shall be cleo
tr1city, steam. gas, gasoline, OIL naphtha,
or other similar source of energy, except
railroad. locomotives and electric cars, un-
til such person has made application in
writing and presented himself. or herself.
for examination before a board Of exam
tners to be appointed by the Commissioners,
who shall examine such applicant as to
his or her competency to operate the speci-
fled vehicle and make a report of such
examination to the said Commissioners,
who, If they are satisfied the applicant is
qualified to operate the specified vehicle
shall issue permit therefor. Persons H.
censed by the board of steam engineers
previous to the adoption of the regulation
are not required to undergo another exam
ination, but required to register their
names with the secretary of the board of
Commissioners in order to receive the per-
init number.
THE board Of examiners appointed by
the Commissioners has been considering
applications from persons desiring to op
crate motor vehicles. and has reported from
time to time as to the competency of such
applicants.
I'm communication from the board the
board asks for instructions as to the lowest
age limit for issuing permits to operators
OF motor vehicles, stating that 1t has re-
fused in two cases to examine boys fifteen
and sixteen years of age, respectively, and
one boy fourteen years of age has an
swered the questions asked by the board
in a satisfactory manner, but no permit
has as yet been made out for him; and
the board of examiners, replying to a re-
quest for an expression of it's opinion upon
the subject, is of the opinion that no per-
son under eighteen years of age should
be allowed to operate a motor vehicle.
THE aforesaid communication from the
board of examiners Of applicants for per-
mits Is the occasion of the reference to me.
Il am of the opinion that the Commits
stoners have authority to prescribe limi-
tation of age in the matter of granting
permits to operate automobiles, &C.. and
er amendment to section 1 of said Article
XIV of the police regulations 1t may
be, likewise, exercised without such amend
ment when and as the Commissioners pass
judgment, it is not expedient to amend
the regulations for this purpose. The OBJ
ject of the automobile regulations, their
justification in law and in fact. Is the
of persons using the public highways
against the reckless. inexperienced or in
competent operator of automobiles, loco
mobiles and motor vehicles.
"The design of the regulations Is not
to prohibit the use OF these vehicles but to
regulate their use with due regard to the
rights of other users of the public high
ways.
TT seems to me the competency Of the
operator of the vehicle is not to be deter
mined by any ironclad rule; that in deter
mining the competency of applicants they
should be considered units, and not as
classes. and that immaturity of age would
justify the refusal of a permit If such i'm
maturity constituted incompetency to oper-
ate the vehicle. But to adopt the sugges-
ton of the board of examiners and refuse
a permit to every applicant under eighteen
years of age would. manifestly, in many
cases, wrongfully prevent the use of motor
vehicles by persons who are quite as COM
petent to operate them as persons who are
over the age Indicated"