§286-112  Application of minors; liability
of parents or guardian.  (a)  [Repeal and reenactment on January 9,
2011.  L 2005, c 72, §15.]  The application of any person under the age of
eighteen years for an instruction permit, provisional license,  or driver's
license shall be signed and verified before a person authorized to administer
oaths by the appropriate one of the following:



(1)  If both the father and mother of the applicant
have custody of the applicant, by both the father and mother of the applicant;



(2)  If only one parent has custody of the applicant,
by the custodial parent;



(3)  If neither parent has custody of the applicant,
and the applicant has a custodial guardian or has custodial guardians, by the
custodial guardian or by all the custodial guardians; provided that the
director of human services, or the director's designee, shall sign and verify
the application of any applicant who is under foster care; provided further
that the department of human services shall not have any liability in the event
that the foster child is involved in a motor vehicle accident or a lawsuit
arising as a result of the foster child's driving; or



(4)  If neither parent has custody of the applicant,
and the applicant has no custodial guardian, by an employer of the applicant or
by any responsible person who is willing to assume the obligation imposed under
this part upon a person signing the application of a minor.



(b)  [Repeal and reenactment on January 9,
2011.  L 2005, c 72, §15.]  Any negligence or misconduct of a minor under
the age of eighteen years when driving a motor vehicle upon a highway shall be
imputed to the person who has signed the application of the minor for a permit,
provisional license, or license, which person shall be jointly and severally liable
with the minor for any damages caused by the minor's negligence or misconduct.



(c)  A nonresident minor shall be accorded all
the privileges and be subjected to all the regulatory restrictions as are by
this part provided for resident minors. [L 1937, c 234, §8; am L 1939, c 106,
§1; RL 1945, §7309; RL 1955, §160-39; HRS §286-112; am L 1970, c 164, §3; am L
1972, c 2, pt of §6; am L 1983, c 45, §1; am L 2005, c 72, §8; am L 2006, c
289, §2]



 



Attorney General Opinions



 



  Term "custody" means legal custody.  Att. Gen. Op.
88-6.



 



Case Notes



 



  Nothing in statute prohibits suits by parents against their
children.  51 H. 74, 450 P.2d 998.