§286-112 Application of minors; liability of parents or guardian. (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 before a person authorized to administer oaths by the appropriate one of the following:
(1) If both the father and mother of the applicant have custody of the applicant, by both the father and mother of the applicant;
(2) If only one parent has custody of the applicant, by the custodial parent;
(3) If neither parent has custody of the applicant, and the applicant has a custodial guardian or has custodial guardians, by the custodial guardian or by all the custodial guardians; provided that the director of human services, or the director's designee, shall sign and verify the application of any applicant who is under foster care; provided further that the department of human services shall not have any liability in the event that the foster child is involved in a motor vehicle accident or a lawsuit arising as a result of the foster child's driving; or
(4) If neither parent has custody of the applicant, and the applicant has no custodial guardian, by an employer of the applicant or by any responsible person who is willing to assume the obligation imposed under this part upon a person signing the application of a minor.
(b) Any negligence or 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, provisional license, or license, which person shall be jointly and severally liable with the minor for any damages caused by the minor's negligence or misconduct.
(c) A nonresident minor shall be accorded all the privileges and be subjected to all the regulatory restrictions as are by this part provided for resident minors. [L 1937, c 234, §8; am L 1939, c 106, §1; RL 1945, §7309; RL 1955, §160-39; HRS §286-112; am L 1970, c 164, §3; am L 1972, c 2, pt of §6; am L 1983, c 45, §1; am L 2005, c 72, § §8, 15; am L 2006, c 289, §2; am L 2010, c 85, §2]
Attorney General Opinions
Term "custody" means legal custody. Att. Gen. Op. 88-6.
Case Notes
Nothing in statute prohibits suits by parents against their children. 51 H. 74, 450 P.2d 998 (1969).
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
286-3 Powers and duties of the governor.
286-4.1 Medical advisory board.
286-5 State highway safety council.
286-6 County traffic or highway safety councils.
286-7 County highway safety programs.
286-9 Facilities for physically handicapped persons.
286-12 All-terrain vehicle; utility-terrain vehicle; permitted use.
286-21 Vehicles and mopeds without required equipment or in unsafe condition.
286-22 Inspection by officers of the police department.
286-23 Responsibility for compliance.
286-25 Operation of a vehicle or moped without a certificate of inspection.
286-26 Certificates of inspection.
286-26.5 Special interest vehicles.
286-27 Permits to operate official inspection stations.
286-29 Improper representation as official inspection station.
286-31 Vehicle inspector; certification; renewal.
286-42 County finance director's duties.
286-43 Defacing serial numbers, etc., of motor vehicles.
286-44 Unlawful to possess certain motor vehicles, parts, etc.; forfeiture.
286-45 Records of county finance director.
286-46 Tax lien and encumbrance record.
286-47 Certificate of registration; certificate of ownership; containers.
286-47.2 Certificate of trailer registration.
286-47.5 Notice of change of address or name; penalty.
286-48 Certificates of ownership of salvaged motor vehicles.
286-49 Registration of vehicles under two or more names.
286-51.5 Junking of nonrepairable vehicle.
286-52 Procedure when title of vehicle transferred; delivery of certificate mandatory.
286-52.4 Terminal rental adjustment clause; vehicle leases.
286-52.5 Procedure when registration of a trailer transferred.
286-53 Dealers in new motor vehicles.
286-53.1 Boat dealers; trailers without plates.
286-53.5 Permanent registration of fleet vehicles.
286-53.6 Fleet vehicles, fees.
286-54 Out-of-state vehicle permit.
286-55 Certificates lost or mutilated.
286-57 Unlawful removal of motor vehicles from State.
286-58 Appeal from finance director's decision.
286-60 Rules of procedure; costs; appeal.
286-62 Special license plates authorized.
286-63 Shape, size and color of plates; how affixed.
286-64 Regulation plates to be surrendered.
286-65 Surrender, transfer, and disposal of special plates.
286-68 Interpretation of part.
286-81 Motorcycle, motor scooter, moped, etc.; protective devices.
286-81.5 Leased or rented moped or motor scooter; flag required.
286-83 Sales of motor vehicle equipment; approval and identification required; prohibitions on use.
286-84 Revocation of approval.
286-85 Reconstructed vehicles, approval required.
286-101 Designation of examiner of drivers.
286-101.5 Reciprocal licensing privileges.
286-102.3 Commercial drivers under the age of twenty-one.
286-102.5 Military Selective Service Act; Selective Service System registration.
286-103 Restrictions on driver's license; rules and regulations.
286-104 Which persons shall not be licensed.
286-105 What persons are exempt from license
286-106 Expiration of licenses.
286-106.5 Expiration of licenses; out-of-country active duty military personnel and dependents.
286-107 License renewals; procedures and requirements.
286-108 Examination of applicants.
286-108.4 Driver education and behind-the-wheel driver training program.
286-109 General provision governing the issuance of licenses.
286-109.4 Designation of advance health-care directive.
286-109.5 Designation of anatomical gift.
286-109.6 Limited access to driver's license anatomical gift data.
286-109.7 Organ and tissue education fee.
286-112 Application of minors; liability of parents or guardian.
286-113 Release from liability.
286-116 License, insurance identification card, possession, exhibition.
286-116.5 Notice of change of address or name; penalty.
286-117 Duplicate permits, provisional licenses, and licenses.
286-118 Records to be kept by the examiner of drivers.
286-119 Authority of examiner of drivers to suspend or revoke licenses.
286-120 Authority of examiner of drivers to cancel licenses.
286-122 Suspension of a license; surrender.
286-123 Record of conviction forwarded to examiner of drivers.
286-124 Mandatory revocation of license by a court.
286-125 Discretionary revocation or suspension of license by a court.
286-126 Period of suspension or revocation.
286-129 Appeal to circuit court.
286-130 No operation under foreign license during revocation or suspension in this State.
286-131 Unlawful use of license.
286-132 Driving while license suspended or revoked.
286-133 Unlawful to permit unauthorized person to drive.
286-134 Employing unlicensed driver.
286-135 Renting motor vehicle to another.
286-137 District courts to keep records.
286-139 Preferred insurance rate.
286-171 Statewide traffic records system.
286-172 Furnishing of information.
286-181 Pupil transportation safety.
286-202 General duties and powers of the director.
286-202.5 Driver improvement program.
286-202.6 Marking of motor carrier vehicles.
286-202.8 Mudguards; protective devices.
286-204 Accounts, records, and reports.
286-204.5 Vehicle identification card.
286-207 Exemptions, certain vehicles.
286-208 Exemptions, vehicles used by farmers.
286-209 Safety inspection of motor carrier vehicles.
286-210 Operation of a motor carrier vehicle without a safety inspection decal.
286-211 Permits to operate official inspection stations.
286-212 Suspension or revocation of permits.
286-213 Improper representation as official inspection station.
286-216 Fines, fees and charges.
286-225 Hazardous materials incident reporting.
286-232 Limitation on number of driver's licenses.
286-233 Notification requirements.
286-234 Employer responsibilities.
286-235 Commercial driver's license required.
286-235.5 Persons exempt from licensure.
286-236 Commercial driver's license qualification standards.
286-236.5 Renumbered as §286-102.3.
286-238 Application for commercial driver's license or commercial learner's permit.
286-239 Commercial driver's license.
286-239.5 Reactivation of expired commercial driver's license; fees; road test waived.
286-240 Disqualification, cancellation, and downgrade.
286-241.5 Notification and hearing.
286-241.6 Appeal to circuit court.
286-242 Commercial drivers prohibited from operating with any alcohol in their body.
286-243 Implied consent requirements for commercial motor vehicle drivers.
286-244 Notification of traffic convictions.
286-245 Driving record information to be recorded and furnished.
286-246 Authority to make rules.
286-247 Authority to enter agreements.
286-271 Interisland shipping of vehicles; proof required.
286-301 Issuance of identification card or temporary card.
286-301.5 Non-compliant identification cards.
286-302 Oaths and investigations.
286-303 Application for identification card.
286-305 Contents and characteristics; form.
286-306 Expiration; renewal; replacement.
286-307 Identification cards not to be altered; duties of holder; lost certificates.
286-311 Custody and use of records; confidential information.