42-2-140. Permitting unauthorized person to drive.

Statute text

(1) No person shall authorize or knowingly permit a motor vehicle owned by such person or under such person's hire or control to be driven upon any highway by any person who has not been issued a currently valid driver's or minor driver's license or an instruction permit or shall cause or knowingly permit such person to drive a motor vehicle upon any highway in violation of the conditions, limitations, or restrictions contained in a license or permit which has been issued to such other person.

(2) Any person who violates any provision of this section commits a class B traffic infraction.

History

Source: L. 94: Entire title amended with relocations, p. 2157, 1, effective January 1, 1995. L. 2000: (1) amended, p. 1358, 36, effective July 1, 2001.

Annotations

Editor's note: This section is similar to former 42-2-132 as it existed prior to 1994.

Annotations

Cross references: For the penalty for a class B traffic infraction, see 42-4-1701 (3)(a)(I).

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 42-2-140 is similar to 42-2-132 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.

This section does not give a civil cause of action for damages in favor of third persons against one violating its provisions. It simply imposes a criminal penalty for a violation of its provisions. Hertz Driv-Ur-Self Sys. v. Hendrickson, 109 Colo. 1, 121 P.2d 483 (1942) (decided under repealed CSA, C. 16, 154).

Trial court erred in granting partial summary judgment in favor of defendant car dealer on negligence claim of individual injured by an allegedly unlicensed motorist who was driving a car he purchased from the dealer ten days before the accident. The record contained conflicting evidence as to the dealer's knowledge or belief of the driver's competency and possibly dangerous driving habits, it was not clear if title had transferred to the driver, and the negligence occurred when the car dealer, as the car owner, initially permitted the unlicensed driver to drive. Schneider v. Midtown Motor Co., 854 P.2d 1322 (Colo. App. 1992).