C.R.S. Section 42-2-108
Application of minors

  • rules

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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.

Source: Section 42-2-108 — Application of minors - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑2‑101
Licenses for drivers required - penalty - definition
42‑2‑102
Persons exempt from license
42‑2‑103
Motorcycles - autocycles - low-power scooters - driver’s license required
42‑2‑104
Licenses issued - denied
42‑2‑105
Special restrictions on certain drivers
42‑2‑105.5
Restrictions on minor drivers under eighteen years of age - penalties - legislative declaration
42‑2‑106
Instruction permits and temporary licenses
42‑2‑107
Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal
42‑2‑108
Application of minors - rules
42‑2‑109
Release from liability
42‑2‑110
Revocation upon death of signer for minor
42‑2‑111
Examination of applicants and drivers - when required
42‑2‑112
Medical advice - use by department - provider immunity
42‑2‑113
License examiners appointed
42‑2‑114
License issued - voluntary disability identifier symbol - fees - rules - report - definitions
42‑2‑114.5
Fees for drivers’ licenses, identification cards, and related services - crediting to DRIVES account - fee setting procedures - rules - repeal
42‑2‑115
License, permit, or identification card to be exhibited on demand - penalty
42‑2‑116
Restricted license
42‑2‑117
Duplicate permits and minor licenses - replacement licenses
42‑2‑118
Buckner organ and tissue donation awareness fund - rules - report - repeal
42‑2‑118.1
Driver restoration and payment incentive program
42‑2‑119
Notices - change of address or name
42‑2‑120
Methods of service
42‑2‑121
Records to be kept by department - admission of records in court
42‑2‑121.5
Emergency contact information - website form - license application - driver’s license database
42‑2‑122
Department may cancel license - limited license for physical or mental limitations - rules
42‑2‑123
Suspending privileges of nonresidents and reporting convictions
42‑2‑124
When court to report convictions
42‑2‑125
Mandatory revocation of license and permit
42‑2‑126
Revocation of license based on administrative determination
42‑2‑126.5
Revocation of license based on administrative actions taken under tribal law - repeal
42‑2‑127
Authority to suspend license - to deny license - type of conviction - points
42‑2‑127.5
Authority to suspend license - violation of child support order
42‑2‑127.7
Authority to suspend driver’s license - uninsured motorists - legislative declaration
42‑2‑127.9
Authority to suspend driver’s license - leaving the scene of an accident
42‑2‑128
Vehicular homicide - revocation of license
42‑2‑129
Mandatory surrender of license or permit for driving under the influence or with excessive alcoholic content
42‑2‑132
Period of suspension or revocation
42‑2‑132.5
Mandatory and voluntary restricted licenses following alcohol convictions - rules
42‑2‑133
Surrender and return of license
42‑2‑134
Foreign license invalid during suspension
42‑2‑135
Right to appeal
42‑2‑136
Unlawful possession or use of license
42‑2‑137
False affidavit - penalty
42‑2‑138
Driving under restraint - penalty - definitions
42‑2‑139
Permitting unauthorized minor to drive
42‑2‑140
Permitting unauthorized person to drive
42‑2‑141
Renting or loaning a motor vehicle to another
42‑2‑142
Violation - penalty
42‑2‑143
Legislative declaration
42‑2‑144
Reporting by certified level II alcohol and drug education and treatment program providers - notice of administrative remedies against a driver’s license - rules
42‑2‑201
Legislative declaration concerning habitual offenders of motor vehicle laws
42‑2‑202
Habitual offenders - frequency and type of violations
42‑2‑203
Authority to revoke license of habitual offender
42‑2‑204
Appeals
42‑2‑205
Prohibition
42‑2‑206
Driving after revocation prohibited
42‑2‑207
No existing law modified
42‑2‑208
Computation of number of convictions
42‑2‑301
Definitions
42‑2‑302
Department may or shall issue - limitations - rules
42‑2‑303
Contents of identification card - disability identifier symbol - rules - definition
42‑2‑304
Validity of identification card - rules
42‑2‑305
Lost, stolen, or destroyed cards
42‑2‑306
Fees - disposition
42‑2‑307
Change of address - penalty
42‑2‑308
No liability on public entity
42‑2‑309
Unlawful acts
42‑2‑310
Violation
42‑2‑313
Department consult with counties on county jail identification processing unit
42‑2‑401
Short title
42‑2‑402
Definitions
42‑2‑403
Department authority - rules - federal requirements
42‑2‑404
Commercial driver’s license - limitations - rules
42‑2‑405
Driver’s license disciplinary actions - grounds for denial - suspension - revocation - disqualification
42‑2‑405.5
Violations of out-of-service order
42‑2‑406
Fees - rules
42‑2‑407
Licensing of testing units and driving testers - hearings - regulations
42‑2‑408
Unlawful acts - penalty
42‑2‑409
Unlawful possession or use of a commercial driver’s license
42‑2‑501
Short title
42‑2‑502
Legislative declaration
42‑2‑503
Definitions
42‑2‑504
Applicability
42‑2‑505
Identification documents - individuals not lawfully present - rules
42‑2‑506
Identification documents - individuals temporarily lawfully present
42‑2‑507
Taxpayer identification number - confidentiality
42‑2‑508
Fees - operations - rule
42‑2‑509
Renewal - duplicate - replacement - rules
42‑2‑510
Peace officers - arrest authority
42‑2‑511
Driving test - third-party option - definition
42‑2‑601
Definitions
42‑2‑602
Equipment of vehicles
42‑2‑603
Rules
42‑2‑604
Violations - penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 42-2-108’s source at colorado​.gov