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

(1)  If both the father and mother of the applicanthave 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 thecustodial guardian or by all the custodial guardians; provided that thedirector of human services, or the director's designee, shall sign and verifythe application of any applicant who is under foster care; provided furtherthat the department of human services shall not have any liability in the eventthat the foster child is involved in a motor vehicle accident or a lawsuitarising 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 orby any responsible person who is willing to assume the obligation imposed underthis 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 underthe age of eighteen years when driving a motor vehicle upon a highway shall beimputed 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 liablewith the minor for any damages caused by the minor's negligence or misconduct.

(c)  A nonresident minor shall be accorded allthe privileges and be subjected to all the regulatory restrictions as are bythis 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 L1972, c 2, pt of §6; am L 1983, c 45, §1; am L 2005, c 72, §8; am L 2006, c289, §2]

 

Attorney General Opinions

 

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

 

Case Notes

 

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