2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 66-5-11 - Application of minors.
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 by the father, mother or guardian or, in the event there is no parent or guardian, by another responsible adult who is willing to assume the obligation imposed under this article upon a person signing the application of a minor.
B. The application of a minor who is in the custody of the state may be signed and verified by a grandparent; a sibling over the age of eighteen years; an aunt; an uncle; a foster parent with whom the minor resides; or as authorized by the secretary of children, youth and families, a child protective services worker or juvenile probation officer; provided that the child protective services worker or juvenile probation officer first notifies a foster parent or other responsible party of the intent to sign.
C. Any negligence or willful 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 or license, which person shall be jointly and severally liable with the minor for damages caused by the negligence or willful misconduct except as otherwise provided in Subsection D of this section.
D. In the event a minor deposits or there is deposited upon the minor's behalf proof of financial responsibility in respect to the operation of a motor vehicle owned by the minor or, if not the owner of a motor vehicle, with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, the division may accept the application of the minor when signed by one parent or the guardian of the minor, and, while such proof is maintained, the parent or guardian is not subject to the liability imposed under Subsection C of this section. Liability shall not be imposed under this section or under the Mandatory Financial Responsibility Act [66-5-201 NMSA 1978] on the state or the secretary of children, youth and families or on a juvenile probation officer or child protective services worker for damages caused by the negligence or willful misconduct of a minor driver whose application for an instruction permit, provisional license or driver's license was signed by the child protective services worker or juvenile probation officer with the authorization of the children, youth and families department while the minor was in the custody of the state.
History: 1953 Comp., § 64-5-11, enacted by Laws 1978, ch. 35, § 233; 1999, ch. 175, § 5; 2009, ch. 239, § 69.
Cross references. — For financial responsibility, see 66-5-201 NMSA 1978 et seq.
The 2009 amendment, effective July 1, 2009, added Subsection B and in Subsection D, added the last sentence.
Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
The 1999 amendment, effective January 1, 2000, inserted "provisional license" in Subsection A, and made minor stylistic changes.
Compiler's notes. — The "guest act" or "guest statute", Sections 64-24-1 and 64-24-2, 1953 Comp., was declared unconstitutional, as imposing an unreasonable and arbitrary classification, in McGeehan v. Bunch, 1975-NMSC-055, 88 N.M. 308, 540 P.2d 238. As a result the cases dealing with the "guest statute", annotated below, should be read in light of the unconstitutionality of the statute.
Purpose of verified signature of parent on minor's application for a driver's license is to obtain assurance of the responsibility required by the statute. Rutledge v. Johnson, 1970-NMSC-023, 81 N.M. 217, 465 P.2d 274.
Indicated by provision minor may make deposits. — Section 64-13-44, 1953 Comp. (similar to this section), was designed as a means of providing financial responsibility for the minor and liability on the part of the minor would be requisite to the imposition of a liability upon the signers. Hately v. Hamilton, 1970-NMCA-092, 81 N.M. 774, 473 P.2d 913, cert. denied, 81 N.M. 773, 473 P.2d 912.
Fact that duplicate license did not contain verified signature immaterial. — Where personal injury action was brought against minor driver and father for minor driver's negligence, fact that duplicate license, obtained after loss of original, did not contain father's verified signature, but rather the notation "parents permission by phone," did not preclude imputation of minor's negligence to father under this section, since father had not attempted to revoke or disclaim his original signature, nor did he seek relief from his responsibility by requesting cancellation of minor's license. Rutledge v. Johnson, 1970-NMSC-023, 81 N.M. 217, 465 P.2d 274.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 636.
Validity, construction, and application of age requirements for licensing of motor vehicle operators, 86 A.L.R.3d 475.
Construction and effect of statutes which make parent, custodian, or other person signing minor's application for vehicle operator's license liable for licensee's negligence or willful misconduct, 45 A.L.R.4th 87.
60 C.J.S. Motor Vehicles §§ 110, 155, 156; 60A C.J.S. Motor Vehicles § 445.
