Print Friendly HOUSE BILL NO. 208 – Driver lic/under 18/respon person
HOUSE BILL NO. 208
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H0208................................by JUDICIARY, RULES AND ADMINISTRATION
DRIVER'S LICENSE - UNDER 18 - Amends existing law to provide that any
person signing the application of a person under eighteen for a permit or
driver's license shall be civilly liable for infraction and criminal
monetary penalties imposed on and unpaid by the minor for infraction,
misdemeanor or felony violations committed by the minor in operating a
motor vehicle; and to provide that such civil liability shall not subject
that person to any criminal penalty or impairment of the person's driver's
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 208
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PENALTIES FOR UNLAWFUL OPERATION OF A MOTOR VEHICLE; AMENDING SEC-
3 TION 49-310, IDAHO CODE, TO PROVIDE THAT ANY PERSON SIGNING THE APPLICA-
4 TION OF A PERSON UNDER EIGHTEEN FOR A PERMIT OR DRIVER'S LICENSE SHALL BE
5 CIVILLY LIABLE FOR INFRACTION AND CRIMINAL MONETARY PENALTIES IMPOSED ON
6 AND UNPAID BY THE MINOR FOR INFRACTION, MISDEMEANOR OR FELONY VIOLATIONS
7 COMMITTED BY THE MINOR IN OPERATING A MOTOR VEHICLE AND TO PROVIDE THAT
8 SUCH CIVIL LIABILITY SHALL NOT SUBJECT THE PERSON TO ANY CRIMINAL PENALTY
9 OR IMPAIRMENT OF THE PERSON'S DRIVER'S LICENSE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 49-310, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 49-310. APPLICATIONS OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. (1) The
14 application of any person under the age of eighteen (18) years for an instruc-
15 tion permit, restricted driver's license or driver's license shall be signed
16 and verified before a person authorized to administer oaths by either the
17 father or mother of the applicant, if both are living and have custody of him;
18 or if either be dead, then by the surviving parent who has custody of him; or
19 by the Idaho resident host of a foreign exchange student, or in the event nei-
20 ther parent is living, or if living and does not have the custody of the
21 applicant, then by the person or guardian having such custody or by an
22 employer of the applicant. In the event there is no guardian or employer then
23 some other responsible person willing to assume the obligation for the appli-
24 cant may sign the application. Any person who signs the applicant's applica-
25 tion shall attest that the applicant is in compliance with the school atten-
26 dance provisions of section 49-303A, Idaho Code. The person willing to assume
27 responsibility for the applicant must be at least eighteen (18) years of age.
28 (2) Any negligence or wilful misconduct of a person under the age of
29 eighteen (18) years when operating a motor vehicle upon a highway shall be
30 imputed to the person who signed the application of that person for a permit
31 or driver's license, and that person shall be jointly and severally liable
32 with the permit or driver's license holder for any damage caused by negligence
33 or wilful misconduct, except as otherwise provided by law. Such person
34 shall also be civilly liable for any infraction or criminal monetary penalties
35 imposed on the minor because the minor was found to have committed an infrac-
36 tion, misdemeanor or felony in operating a motor vehicle and has failed to pay
37 the infraction or criminal monetary penalty. However, such person shall not
38 be subjected to any criminal penalty, nor shall the driver's license of the
39 person be suspended or in any way impaired for failure of the person to pay
40 the civil liability imposed by this subsection.
41 (3) In the event a permit or driver's license holder under the age of
42 eighteen (18) years deposits, or there is deposited upon his behalf, proof of
43 financial responsibility in respect to the operation of any motor vehicle, in
1 form and in amounts as required under the motor vehicle financial responsibil-
2 ity laws of this state, or by the director if the form and amount is not fixed
3 by law, then the department may accept the application when signed by one (1)
4 parent or guardian of the applicant, and while that proof is maintained the
5 parent or guardian shall not be subject to the liability imposed under subsec-
6 tion (2) of this section.
7 (4) Any person who has signed the application of a minor for a permit or
8 driver's license shall be liable civilly for the payment of any court penalty
9 imposed because the minor has been found to have committed an infraction
10 , misdemeanor or felony in the operation of the motor vehicle.
11 violation. The provisions of this section shall not apply or create any
12 civil liability for the person signing the application in connection with any
13 pedestrian or bicycle infraction, and provided this subsection shall not apply
14 to any civil action where the plaintiff is other than the state of Idaho.
STATEMENT OF PURPOSE
This legislation amends Section 49-310, Idaho Code, making the
signer of a juvenile's driver's license responsible for his/her
traffic fines if the juvenile does not pay his/her fines.
There is no fiscal impact.
CONTACT: Representative Sher Sellman
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 208