Montana Code Annotated 2023



Part 1. Licensing Provisions

Application Of Minors -- Imputed Liability

61-5-108. Application of minors -- imputed liability. (1) The application of a person who is under 18 years of age for a learner license, driver's license, or medical assessment and rehabilitation driving permit must be signed and verified before a person authorized to administer oaths or an employee of the department by a parent of the applicant or, if a parent is not available:

(a) by some other responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor; or

(b) by the minor if the minor has submitted a certificate of insurance to the department pursuant to 61-6-133.

(2) Any negligence or willful misconduct of a minor who is under 18 years of age when driving a motor vehicle upon a highway must be imputed to a person who has signed the application of the minor for a learner license, driver's license, or medical and rehabilitation driving permit. The person who signs the application is jointly and severally liable with the minor for any damages caused by the negligence or willful misconduct unless a motor vehicle liability policy, as provided for in chapter 6 of this title, covering the minor is in effect, in which case there is no imputed liability as described in this section.

History: En. Sec. 15, Ch. 267, L. 1947; amd. Sec. 1, Ch. 140, L. 1961; R.C.M. 1947, 31-131; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 10, Ch. 443, L. 1987; amd. Sec. 2, Ch. 419, L. 1991; amd. Sec. 8, Ch. 309, L. 1999; amd. Sec. 16, Ch. 323, L. 2017; amd. Sec. 2, Ch. 570, L. 2021.