§ 42-4-116 — Restrictions for minor drivers - definitions

(1) (a) Except as
provided in paragraph (c) of this subsection (1), a minor driver shall not operate a
motor vehicle containing a passenger who is under twenty-one years of age and
who is not a member of the driver's immediate family until such driver has held a
valid driver's license for at least six months.

(b) Except as provided in paragraph (c) of this subsection (1), a minor driver
shall not operate a motor vehicle containing more than one passenger who is under
twenty-one years of age and who is not a member of the driver's immediate family
until such driver has held a valid driver's license for at least one year.

(c) Paragraphs (a) and (b) of this subsection (1) shall not apply if:

(I) The motor vehicle contains the minor's parent or legal guardian or other
responsible adult described in section 42-2-108;

(II) The motor vehicle contains an adult twenty-one years of age or older who
currently holds a valid driver's license and has held such license for at least one
year;

(III) The passenger who is under twenty-one years of age is in the vehicle on
account of a medical emergency;

(IV) All passengers who are under twenty-one years of age are members of
the driver's immediate family and all such passengers are wearing a seatbelt.

(2) (a) Except as provided in paragraph (b) of this subsection (2), a minor
driver shall not operate a motor vehicle between 12 midnight and 5 a.m. until such
driver has held a driver's license for at least one year.

(b) This subsection (2) shall not apply if:

(I) The motor vehicle contains the minor's parent or legal guardian or other
responsible adult described in section 42-2-108;

(II) The motor vehicle contains an adult twenty-one years of age or older who
currently holds a valid driver's license and has held such license for at least one
year;

(III) The minor is driving to school or a school-authorized activity when the
school does not provide adequate transportation, so long as the driver possesses a
signed statement from the school official containing the date the activity will occur;

(IV) The minor is driving on account of employment when necessary, so long
as the driver possesses a signed statement from the employer verifying
employment;

(V) The minor is driving on account of a medical emergency; or

(VI) The minor is an emancipated minor.

(3) A violation of this section is a traffic infraction, and, upon conviction, the
violator may be punished as follows:

(a) By the imposition of not less than eight hours nor more than twenty-four
hours of community service for a first offense and not less than sixteen hours nor
more than forty hours of community service for a subsequent offense;

(b) By the levying of a fine of not more than fifty dollars for a first offense, a
fine of not more than one hundred dollars for a second offense, and a fine of one
hundred fifty dollars for a subsequent offense;

(c) By an assessment of two license suspension points pursuant to section
42-2-127 (5)(kk).

(4) For the purposes of this section:

(a) Emancipated minor means an individual under eighteen years of age
whose parents or guardian has surrendered parental responsibilities, custody, and
the right to the care and earnings of such person, and are no longer under a duty to
support such person.

(b) Minor driver means a person who is operating a motor vehicle and who
is under eighteen years of age.

(5) No driver in a motor vehicle shall be cited for a violation of this section
unless such driver was stopped by a law enforcement officer for an alleged
violation of articles 1 to 4 of this title other than a violation of this section.

Legislative History

Source: L. 2005: Entire section added, p. 332, � 1, effective July 1.