CO Code § 42-2-108 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 2 - Drivers' Licenses|Part 1 - Drivers' Licenses|§ 42-2-108. Application of Minors

  (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:   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    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.   (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.    Repealed.    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.    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.    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:   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    Seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this subsection (1.5).             Any negligence or willful misconduct of a minor under the age of eighteen years who drives a motor vehicle upon a highway is imputed to the person who signed the affidavit of liability which accompanied the application of such minor for a permit or license. Such person is jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct, except as otherwise provided in subsection (3) of this section.      The department shall accept the application of a qualified minor if: (3) (a) The department shall accept the application of a qualified minor if:   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    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.       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.       Repealed.     (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:   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.    Editor's note:    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.    Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2006. (SeeL. 2000, p. 1350.)     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.   ANNOTATION   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 ; 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).