What Defines a Minor Driver in Colorado?

The Colorado legislature has enacted several restrictions upon minors who drive a motor vehicle in Colorado. For purposes of these restrictions a “minor driver is a juvenile with a valid driver’s license who is under the age of eighteen (18) at the time they are operating a motor vehicle within the State of Colorado”.

Passenger Restrictions for Minor Drivers

Among these restrictions is a prohibition that, except under certain express circumstances, a minor driver is not permitted to operate a motor vehicle in Colorado containing a passenger who is under twenty-one (21) years of age, who is not a member of the juvenile driver’s immediate family, until such minor driver has held a valid driver’s license for at least six (6) months.

A second driving restriction applicable to juveniles is a prohibition that, except under certain express circumstances, a juvenile driver under eighteen (18) is not permitted to operate a motor vehicle in Colorado containing more than one passenger who is under twenty-one (21) years of age, who is not a member of the juvenile driver’s immediate family, until such minor driver has held a valid driver’s license for at least one (1) year.

Exceptions to Minor Driver Restrictions on Passengers

The above restrictions pertaining to passengers under the age of twenty-one (21) riding within a motor vehicle being driven by a juvenile under the age of eighteen (18) do not apply if:

1. The vehicle being driven by the juvenile contains the minor’s parent or legal guardian or other responsible adult as defined in C.R.S. § 42-2-108;
2. The vehicle driven by the juvenile contains an individual twenty-one years of age or older who currently holds a valid driver’s license and has held the license for at least one (1) year;
3. The passenger who is under twenty-one years of age is in the vehicle due to a medical emergency; or
4. All passengers who are under twenty-one years are within the driver’s immediate family and all those passengers are wearing a seatbelt.

Minor Driver Restrictions on Times of Day

A third restriction is that, except as expressly provided, a juvenile driver under eighteen shall not operate a motor vehicle within Colorado between 12 midnight and 5 A.M. until such driver has held a driver’s license for at least one year.

Exceptions to Minor Driver Restrictions on Times of Day

This restriction does not apply in circumstances when:

1. The motor vehicle contains the minor’s parent or legal guardian or other responsible adult described in C.R.S. § 42-2-108;
2. The motor vehicle contains an adult twenty-one years of age or older who currently holds a valid driver’s license and has held such license for at least one year;
3. The minor is driving to school or a school-authorized activity when the school does not provide adequate transportation, so long as the driver possesses a signed statement from the school official containing the date the activity will occur;
4. The minor is driving on account of employment when necessary, so long as the driver possesses a signed statement from the employer verifying employment;
5. The minor is driving on account of a medical emergency; or
6. The minor is an emancipated minor.

What is an Emancipated Minor?

An “Emancipated Minor” means an individual under eighteen years of age whose parents or guardian has surrendered parental responsibilities, custody, and the right to the care and earnings of such person, and are no longer under a duty to support such person.

Citations for Minor Driver Restrications

A juvenile driver of a motor vehicle, under eighteen (18) years of age, cannot be cited for a violation related to transporting individuals in a motor vehicle who are under twenty-one (21) unless the minor driver was stopped by a law enforcement officer for another traffic violation for which the juvenile driver can be stopped by law enforcement.

Cell Phone Driving Restrictions

In Colorado there is a general restriction against any driver using a wireless telephone for the purposes of text messaging or any other form of manual data entry or transmission while operating a motor vehicle. However, juveniles under the age of eighteen (18) are prohibited from using a wireless telephone for any purpose while operating a motor vehicle within the State of Colorado. The only exceptions to these prohibitions are if the individual is using the wireless telephone to contact a public safety entity or uses it during an emergency as defined by statute.

For purposes of wireless telephone restrictions, operating a motor vehicle means driving a motor vehicle on a public highway, but does not include being in control of a motor vehicle while that motor vehicle is at rest on the shoulder of the road or otherwise lawfully parked.

Legal Disclaimer – The information contained at this web site is not intended to be legal advice and all information regarding Colorado criminal law is general content only and should not be relied upon for any specific Colorado criminal law situation. Information on this web site is not intended to be comprehensive and does not cover all the issues, nuances or ramifications related to the topic discussed. This web site may not be updated routinely to reflect the very most current Colorado law.

Individuals should consult an experienced Colorado criminal traffic lawyer for advice regarding an individual situation.