2007 California Vehicle Code Chapter 2. Civil Liability Of Persons Signing License Applications Of Minors

CA Codes (veh:17700-17714)

17700.  For the purposes of this chapter, all persons under 18 years
of age are minors.



17701.  No application for a driver's license shall be granted by
the department to any minor unless it is signed and verified by the
father and mother of such minor, if both father and mother are living
and have custody of the minor.
   If only one parent is living or has custody, the application shall
be signed and verified by that parent.
   If neither parent is living or has custody, the application shall
be signed and verified by the guardian, or if there is no guardian,
by a person having custody of the minor.
   If the minor is a dependent or ward of the court, the application
may be signed by a grandparent, sibling over the age of 18 years,
aunt, uncle, or foster parent with whom the minor resides.  The
probation officer or child protective services worker acting as an
officer of the court, on behalf of a child, may also sign and verify
the application of a minor who is a dependent or ward of the court,
if the minor files proof of financial responsibility as provided in
Article 1 (commencing with Section 16430) of Chapter 3 of Division 7
at the time of application.  Prior to signing the application, the
probation officer or child protective services worker shall notify
the foster parents or other responsible party of his or her intent to
sign and verify the application.



17702.  If a minor under the age of 18 years is married, the
application may be signed and verified by the adult spouse of the
minor or by the parents of either spouse or in lieu of the signature,
the minor may file proof of financial responsibility, as defined in
Section 16430.



17703.  If the person or persons required to sign and verify the
application of a minor are not residents of this state, the
application shall be signed and verified by a person residing within
this state who has custody of the minor, or the department may accept
an application signed and verified by the minor and accompanied by
proof of financial responsibility, as defined in Section 16430.



17704.  If, at any time during the minority of the person who has
given proof of financial responsibility, as defined in Section 16430,
the proof fails, the department shall immediately cancel the license
until proof of the licensee's continued financial responsibility has
been given or until the minor has otherwise complied with the
requirements of this code relative to the issuance of a driver's
license.



17705.  If the person who is required to sign and verify the
application of a minor gives his or her written consent, or the minor
is emancipated other than by marriage, the department may accept an
application signed and verified only by the minor and accompanied by
proof of financial responsibility, as defined in Section 16430.  The
person giving the consent to but not signing or verifying the
application shall not be subject to the civil liability specified in
Sections 17707 and 17708 merely by reason of having given consent.



17706.  (a) If the person who is required by the provisions of this
code to sign and verify the application of a minor gives his written
consent, the department may accept an application signed and verified
by the minor and his employer, but in such case the department shall
issue to the minor only a driver's license restricted to the
operation of vehicles by the minor within the scope of his employment
by the employer, unless the employer in writing authorizes the
issuance of an unrestricted driver's license.
   (b) The person giving his consent to, but not signing or
verifying, the application as provided in this section shall not be
subject to the civil liability specified in Sections 17707 and 17708
merely by reason of having given such consent.



17707.  Any civil liability of a minor arising out of his driving a
motor vehicle upon a highway during his minority is hereby imposed
upon the person who signed and verified the application of the minor
for a license and the person shall be jointly and severally liable
with the minor for any damages proximately resulting from the
negligent or wrongful act or omission of the minor in driving a motor
vehicle, except that an employer signing the application shall be
subject to the provisions of this section only if an unrestricted
driver's license has been issued to the minor pursuant to the
employer's written authorization.
   No liability may be imposed under this section or under Section
17708 on the state or county, or on a probation officer or child
protective services worker acting as an officer of the court for
damages caused solely by the negligence or willful misconduct of a
minor driver whose application for a driver's license was signed by
the child protective services worker or probation officer while the
minor was a dependent or ward of the court.



17708.  Any civil liability of a minor, whether licensed or not
under this code, arising out of his driving a motor vehicle upon a
highway with the express or implied permission of the parents or the
person or guardian having custody of the minor is hereby imposed upon
the parents, person, or guardian and the parents, person, or
guardian shall be jointly and severally liable with the minor for any
damages proximately resulting from the negligent or wrongful act or
omission of the minor in driving a motor vehicle.



17709.  (a) No person, or group of persons collectively, shall incur
liability for a minor's negligent or wrongful act or omission under
Sections 17707 and 17708 in any amount exceeding fifteen thousand
dollars (,000) for injury to or death of one person as a result of
any one accident or, subject to the limit as to one person,
exceeding thirty thousand dollars (,000) for injury to or death of
all persons as a result of any one accident or exceeding five
thousand dollars (,000) for damage to property of others as a
result of any one accident.
   (b) No person is liable under Section 17707 or 17708 for damages
imposed for the sake of example and by way of punishing the minor.
Nothing in this subdivision makes any person immune from liability
for damages imposed for the sake of example and by way of punishing
him for his own wrongful conduct.


17710.  The person signing a minor's application for a license is
not liable under this chapter for a negligent or wrongful act or
omission of the minor committed when the minor is acting as the agent
or servant of any person.


17711.  Any person who has signed and verified the application of a
minor for a driver's license or any employer who has authorized the
issuance of a license to a minor and who desires to be relieved from
the joint and several liability imposed by reason of having signed
and verified such application, may file a verified application with
the department requesting that the license of the minor be canceled.
The department shall cancel the license, except as provided in
subdivision (e) of Section 17712.  Thereafter, the person shall be
relieved from the liability imposed under this chapter by reason of
having signed and verified the original application on account of any
subsequent willful misconduct or negligent operation of a motor
vehicle by the minor.



17712.  (a) The department, upon receipt of satisfactory evidence of
the death of the father and mother or the person or guardian who
signed and verified the application of any minor under Section 17701
or any employer who signed and verified the application of any minor
under subdivision (a) of Section 17706, shall cancel the license,
except as provided in subdivision (e).
   (b) The department, upon receipt of the verified application of a
person who has given written consent to the issuance of a license to
a minor as prescribed in Sections 17705 and 17706, for the
cancellation of such minor's license, shall cancel the license,
except as provided in subdivision (e).
   (c) The department, upon receipt of satisfactory evidence that
there has been a change of custody of a minor licensed under Chapter
1 (commencing with Section 12500) of Division 6, and upon written
request by the person to whom custody has been transferred, shall
cancel the license.
   (d) The department, upon receipt of satisfactory evidence showing
that any minor to whom was issued a license pursuant to Section
17706, has left the employ of the employer who signed and verified
the application for the license, shall cancel the license, except as
provided in subdivision (e).
   (e) The department, upon written request by the person to whom
custody of a minor has been transferred, shall transfer the liability
imposed under this chapter to such person upon receipt of such
person's written verified application for acceptance of liability.
Upon receipt, by the department, of such application for acceptance
of liability, the person who had signed and verified the application
of the minor for the driver's license presently held by the minor
shall be relieved from the liability imposed under this chapter. If
such application for acceptance of liability is on file with the
department prior to the receipt of a request for cancellation by the
person who had signed the application of the minor for a driver's
license, the license issued under such application shall not be
canceled so long as the license is otherwise valid.  If, however,
such application for acceptance of liability is not on file with the
department prior to the receipt of a request for cancellation by the
person who had signed the application of the minor for a driver's
license, the license issued under such application shall be canceled.




17714.  In the event, in one or more actions, judgment is rendered
against a defendant under this chapter based upon the negligent or
wrongful act or omission of a minor in the operation of a vehicle,
and also by reason of such act or omission rendered against such
defendant under Article 2 (commencing with Section 17150) of Chapter
1 of Division 9, then such judgment or judgments shall not be
cumulative but recovery shall be limited to the amount specified in
Section 17709.