(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:
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.
When an applicant has been made a ward of any court in the state for any reason andhas 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, 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 other official shall notify the court of his or her intent to sign the application, and except that the guardian ad litem 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 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 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.
When a minor to whom an instruction permit or minor driver's license has beenissued 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 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, he or she shall submit to the department a verified signed statement certifying under oath that he or she 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:
The guardian ad litem, 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
(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 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.
Repealed.
Any person under the age of eighteen years who volunteers to donate anatomicalgifts 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 anatomicalgifts 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 childor 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 amotor 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 sourcesfor the purposes of this subsection (1.5).
Any negligence or willful misconduct of a minor under the age of eighteen years whodrives 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.
(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 orthe 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.
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: (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.)
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.