Browse Previous Page | Table of Contents | Browse Next Page

Title 27 Transportation

Subtitle 2. Motor Vehicle Registration And Licensing

Chapter 16 Driver's Licenses Generally

Subchapter 7 - Application and Examination

27-16-702. Application of minor for instruction permit, learner's license, or intermediate driver's license.

(a) (1) (A) The original application of any person under eighteen (18) years of age for an instruction permit, a learner's license, an intermediate driver's license, or a motor-driven cycle or motorcycle license shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if either is living and has custody.

(B) In the event that neither parent is living or has custody, then the application shall be signed by the person or guardian having custody or by an employer of the minor.

(C) In the event that there is no guardian or employer, then the application shall be signed by any other responsible person who is willing to assume the obligations imposed under this subchapter upon a person signing the application of a minor.

(D) For a person under eighteen (18) years of age in the custody of the Department of Human Services, the Director of the Division of Children and Family Services of the Department of Human Services or his or her designee may authorize an employee of the department or any foster parent to sign the application.

(2) For purposes of this section, duly authorized agents of the Commissioner of Motor Vehicles shall be authorized to administer oaths without charge.

(b) (1) Except as provided under subdivision (b)(2) of this section, any negligence or willful misconduct of a minor under eighteen (18) years of age when driving a motor vehicle upon a highway shall be imputed to the person who signed the application of the minor for a permit or license, regardless of whether the person who signed was authorized to sign under subsection (a) of this section, which person shall be liable with the minor for any damages caused by the negligence or willful misconduct.

(2) (A) For a person under eighteen (18) years of age in the custody of the Department of Human Services, any negligence or willful misconduct of the person when driving a motor vehicle upon a highway shall not be imputed to the authorized employee or authorized foster parent who signed the application of the minor for a permit or license.

(B) The authorized employee or authorized foster parent shall not be held liable in conjunction with the minor for any damages caused by the negligence or willful misconduct of the minor.

(c) (1) If any person who is required or authorized by subsection (a) of this section to sign the application of a minor in the manner therein provided shall cause, or knowingly cause, or permit his or her child or ward or employee under eighteen (18) years of age to drive a motor vehicle upon any highway, then any negligence or willful misconduct of the minor shall be imputed to this person, and this person shall be liable with the minor for any damages caused by such negligence or willful misconduct.

(2) The provisions of this subsection shall apply regardless of the fact that a learner's license or an intermediate driver's license may or may not have been issued to the minor.

(3) For purposes of this section, a “minor” is defined to be any person who has not attained eighteen (18) years of age.

(d) The provisions of this section shall apply in all civil actions, including, but not limited to, both actions on behalf of and actions against the persons required or authorized by subsection (a) of this section to sign the application in the manner therein provided.

History. Acts 1937, No. 280, § 13; Pope's Dig., § 6837; Acts 1961, No. 495, § 1; 1969, No. 302, § 2; A.S.A. 1947, § 75-315; Acts 1987, No. 409, § 1; 1993, No. 445, § 16; 1995, No. 959, §§ 3-5; 2001, No. 1694, § 3; 2007, No. 216, §§ 1, 2, 3.

Publisher's Notes. Acts 2001, No. 1694, § 9, provided:

“This act shall be effective July 1, 2002.”

Amendments. The 2001 amendment rewrote the section.

The 2007 amendment inserted (a)(1)(D); added (b)(2), redesignated (b) as (b)(1), and in present (b)(1), added “Except as provided under subdivision (b)(2) of this section” and made a related change; and in (c)(1), substituted “this person shall be liable” for “this personal shall be jointly and severally liable.”
Research References

Ark. L. Rev.

Parent's Liability for Tortious Operation of Automobile by Minor Child, 5 Ark. L. Rev. 192.

Responsibility of Adults for Minors Who Drive Automobiles, 9 Ark. L. Rev. 389.

Family Torts in Automobile Cases, 13 Ark. L. Rev. 299.

U. Ark. Little Rock L. Rev.

Survey of Arkansas Law: Torts, 6 U. Ark. Little Rock L. Rev. 211.
Case Notes



Purpose.

Authority to Sign Application.

Comparative Negligence.

Defenses of Minors.

Highways.

Instructions.

Liability of Parents.

Purpose.

The statutory purpose of this section is to ensure financial responsibility for a minor's use of a vehicle, and it does not impose liability on a party signing the application for license where the law imposes none on the minor for whom the financial responsibility is assumed. Kyser v. Porter, 261 Ark. 351, 548 S.W.2d 128 (1977).

The intent of this section is to impute the negligence of a minor, whether such negligence is characterized as negligence, contributory negligence, or comparative negligence, to the parents. Garrison v. Funderburk, 262 Ark. 711, 561 S.W.2d 73 (1978).

Authority to Sign Application.

Only if neither parent is living is anyone else authorized to sign a minor's application for a driver's license. Jones v. Davis, 300 Ark. 130, 777 S.W.2d 582 (1989).

Minor's cousin, who signed his application for him even though he was not authorized to sign because the boy's mother was living and he did not have custody or guardianship of the minor, was properly found joint and severally liable for minor's negligence; the act of signing the application brought him within the purview of the statute and he could not say he should be excused from the liability incurred under the statutory provisions because he acted in a manner not authorized by that statute. Jackson v. Houchin, 85 Ark. App. 11, 144 S.W.3d 764 (2004).

Comparative Negligence.

Where a minor driving his parent's automobile was found to be a certain percent at fault in an accident, the minor's comparative negligence would be imputed to his parent. Garrison v. Funderburk, 262 Ark. 711, 561 S.W.2d 73 (1978).

Where a parent sues for damages on his own behalf and on behalf of a minor child in a cause of action arising out of the same negligent act, the child's contributory negligence may be asserted against the parent even though the negligence is not imputed to the parent, the parent's cause of action being deemed to be derivative and subject to the comparative negligence of the child. Kirkendoll v. Hogan, 267 Ark. 1083, 593 S.W.2d 498 (Ct. App. 1980).

Defenses of Minors.

In an action against the owner of an automobile for negligence or willful misconduct of a minor in possession of the automobile, this section does not transfer to the owner, as a bar against his own negligence, all of the defenses the minor driver may have. Garrison v. Williams, 246 Ark. 1172, 442 S.W.2d 231 (1969).

Since this section does not impose liability on a party signing the application for license where the law imposes none on a minor for whom the financial responsibility was assumed, defenses which the minor might have under the guest statute would also be available to the parent. Kyser v. Porter, 261 Ark. 351, 548 S.W.2d 128 (1977).

Highways.

Where a collision occurred upon a paved road on school grounds, the road leading from a parking area to the city street and being open for use by students and others having occasion to enter the school yard, it was held that such road was a highway, a “highway” being defined to be a “carriage way, a horse way, a foot way, or a navigable river.” Summerhill v. Shannon, 235 Ark. 617, 361 S.W.2d 271 (1962).

Instructions.

Where the trial court refused to give a model instruction, as requested by the plaintiff, to the effect that the parents of a defendant minor child who was operating a vehicle which struck the plaintiff's decedent were required by law to sign the minor's application for an operator's license and that if they knowingly permitted the minor to drive the vehicle and if the minor was negligent, then his negligence would be charged to his parents, the refusal by the trial court was not error, since no issue was presented as to whether the parents had signed the license application or whether they had permitted the minor to drive and also since the instruction could have been prejudicial because, as the plaintiff's attorney seemed to admit, such an instruction would have made it more likely for the jury to have determined that the minor was negligent, despite its irrelevancy to that conclusion. Andrews v. Springer, 268 Ark. 646, 594 S.W.2d 586 (Ct. App. 1980).

Liability of Parents.

As to parents held liable for negligence of minor children, see Richardson v. Donaldson, 220 Ark. 173, 246 S.W.2d 551 (1952), questioned, Vaught v. Ross, 244 Ark. 1218, 428 S.W.2d 631 (Ark. 1968); Vaught v. Ross, 244 Ark. 1218, 428 S.W.2d 631 (Ark. 1968); Ross v. Vaught, 246 Ark. 1002, 440 S.W.2d 540 (1969); Garrison v. Williams, 246 Ark. 1172, 442 S.W.2d 231 (1969); Rogers v. Watkins, 258 Ark. 394, 525 S.W.2d 665 (1975); Rogers v. MFA Mut. Ins. Co., 262 Ark. 55, 554 S.W.2d 327 (1977).

Cited: Elrod v. G & R Constr. Co., 275 Ark. 151, 628 S.W.2d 17, 30 A.L.R.4th 831 (1982); Jones v. Davis, 300 Ark. 130, 777 S.W.2d 582 (1989); LeClaire v. Commercial Siding & Maintenance Co., 308 Ark. 580, 826 S.W.2d 247 (1992).

Browse Previous Page | Table of Contents | Browse Next Page