27-16-702. Application of minor for instruction permit, learner's license, or intermediate driver's license — Definition.

27-16-702. Application of minor for instruction permit, learner's license, or intermediate driver's license — Definition. (a)(1)(A) The original application of any person under eighteen (18) years of age applying to take the driver's license examination or applying for an instruction permit, a learner's license, an intermediate driver's license, or a motor-driven cycle or motorcycle license, shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if either is living and has custody. (B) In the event that neither parent is living or has custody, then the application shall be signed by the person or guardian having custody or by an employer of the minor. (C) In the event that there is no guardian or employer, then the application shall be signed by any other responsible person who is willing to assume the obligations imposed under this subchapter upon a person signing the application of a minor. (D) For a person under eighteen (18) years of age in the custody of the Department of Human Services, the Director of the Division of Children and Family Services or his or her designee may authorize an employee of the Department of Human Services or any foster parent to sign the application. (2) For purposes of this section, an oath required under subdivison (a)(1)(A) of this section may be administered within thirty (30) days before the application is submitted by the applicant, and the oath is not required to be administered at the Office of Driver Services. (3) Duly authorized agents of the Secretary of the Department of Finance and Administration may administer oaths without charge. (4) A person authorized to sign the application under subdivision (a)(1) of this section is not required to personally appear at the time the applicant submits the application. (b)(1) Except as provided under subdivision (b)(2) of this section, any negligence or willful misconduct of a minor under eighteen (18) years of age when driving a motor vehicle upon a highway shall be imputed to the person who signed the application of the minor for a permit or license, regardless of whether the person who signed was authorized to sign under subsection (a) of this section, which person shall be liable with the minor for any damages caused by the negligence or willful misconduct. (2)(A) For a person under eighteen (18) years of age in the custody of the Department of Human Services, any negligence or willful misconduct of the person when driving a motor vehicle upon a highway shall not be imputed to the authorized employee or authorized foster parent who signed the application of the minor for a permit or license. (B) The authorized employee or authorized foster parent shall not be held liable in conjunction with the minor for any damages caused by the negligence or willful misconduct of the minor. (c)(1) If any person who is required or authorized by subsection (a) of this section to sign the application of a minor in the manner therein provided shall cause, or knowingly cause, or permit his or her child or ward or employee under eighteen (18) years of age to drive a motor vehicle upon any highway, then any negligence or willful misconduct of the minor shall be imputed to this person, and this person shall be liable with the minor for any damages caused by the negligence or willful misconduct. (2) The provisions of this subsection shall apply regardless of the fact that a learner's license or an intermediate driver's license may or may not have been issued to the minor. (3) As used in this section, “minor” means any person who has not attained eighteen (18) years of age. (d) The provisions of this section shall apply in all civil actions, including, but not limited to, both actions on behalf of and actions against the persons required or authorized by subsection (a) of this section to sign the application in the manner therein provided.