286-112 Application of minors; liability of parents or guardian. (a) 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) 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, 15; am L 2006, c 289, 2; am L 2010, c 85, 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.

 

 

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