§ 6104 — Liability of parent, guardian, or employer for negligence of minor

(a) (1) Except as otherwise provided under paragraph (a)(2) of this section and § 6106 of this title, any negligence of a minor under age 18 driving a motor vehicle on a highway of this State, who has been licensed under § 2710 of this title, is imputed to a person who signed the license application on behalf of the minor, and that person is jointly and severally liable with the minor for any damages resulting from the minor’s negligence.

(2) The following are exempted from liability for negligence of a minor under paragraph (a)(1) of this section:

a. A caregiver of a minor who is in the custody of the Department of Services for Children, Youth and Their Families under Chapter 25 of Title 13. For purposes of this paragraph (a)(2)a., “caregiver” means as defined in § 2502 of Title 13.

b. A case worker of the Division of Family Services, acting in accordance with § 2710 of this title, and on behalf of a child who was in the custody of the Department of Services for Children, Youth and their Families at the time of the signing of the license application.

(b) The liability imposed on the person who signed the application of a minor under the age of 18 under subsection (a) of this section applies to the original license or permit granted to the minor or any renewal of the license without the necessity of the person signing the minor’s renewal application, unless the person notifies the Department of Transportation in writing at least 30 days before the date of the renewal of the original license or permit granted to the minor that the person does not consent to the renewal.

Legislative History

36 Del. Laws, c. 10, § 71 ; Code 1935, § 5609; 44 Del. Laws, c. 189 ; 21 Del. C. 1953, § 6105; 57 Del. Laws, c. 495, § 3 ; 57 Del. Laws, c. 670, § 17B ; 71 Del. Laws, c. 282, §§ 8, 9 ; 74 Del. Laws, c. 110, § 109 ; 76 Del. Laws, c. 415, § 6 ; 83 Del. Laws, c. 453, §§ 8, 11 ; 84 Del. Laws, c. 345, § 1