42-2-139. Permitting unauthorized minor to drive.

Statute text

(1) No parent or guardian shall cause or knowingly permit his or her child or ward under the age of eighteen years to drive a motor vehicle upon any highway when such minor has not been issued a currently valid minor driver's license or instruction permit or shall cause or knowingly permit such child or ward to drive a motor vehicle upon any highway in violation of the conditions, limitations, or restrictions contained in a license or permit which has been issued to such child or ward.

(2) Any person who violates any provision of this section commits a class B traffic infraction.

History

Source: L. 94: Entire title amended with relocations, p. 2157, 1, effective January 1, 1995. L. 2000: (1) amended, p. 1358, 35, effective July 1, 2001.

Annotations

Editor's note: This section is similar to former 42-2-131 as it existed prior to 1994.

Annotations

Cross references: For the penalty for a class B traffic infraction, see 42-4-1701 (3)(a)(I).

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 42-2-139 is similar to 42-2-131 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included with the annotations to this section.

Under this section it must be shown parent knowingly permitted child to drive. Even if conceded that defendant has on other occasions permitted his son to drive a car, before liability will attach, it is necessary that it be shown that the parent caused, or knowingly permitted, the son to drive the car. Kirkpatrick v. McCarty, 112 Colo. 588, 152 P.2d 994 (1944) (decided under repealed CSA, C. 16, 153).