Delaware General Assembly


CHAPTER 495

AN ACT TO AMEND SECTION 2710, TITLE 21, DELAWARE CODE, RELATING TO THE APPLICATION BY A MINOR FOR A DRIVER'S LICENSE AND TO AMEND SECTION 6105, TITLE 21, DELAWARE CODE, RELATING TO THE LIABILITY OF PARENT, GUARDIAN OR EMPLOYER FOR THE NEGLIGENCE OF A MINOR.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend § 2710, Title 21, Delaware Code, by striking the paragraph numbered (1) and (2) of said sections in their entireties and inserting in lieu thereof the following:

(1) Father and mother of the minor if both parents are living together within this State, and the minor resides with both parents.

(2) Father of the minor, if the father is living within this State, and the minor resides with the father only; or Mother of the minor, if the father is not living within this State, and the mother is living within this State, and the minor resides with the mother.

Section 2. Amend Section 2710, Title 21, Delaware Code, by adding the following paragraph at the end of said section:

The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that such father, mother, guardian or employer be present at the time such application is made by such minor or sign such application at the offices of the Motor Vehicle Department. The signing of said application and acknowledgment thereof by said father, mother, guardian or employer before a Notary Public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements of this section.

Section 3. Amend § 6105, Title 21, Delaware Code, by striking subsection (a) thereof and inserting in lieu thereof the following:

(a) Any negligence of a minor, under the age of 18 years licensed upon application signed as provided in Section 2710 of this title, when driving any motor vehicle upon a highway, shall be imputed to the person or persons who have signed the application of such minor for the license. Such person or persons shall be jointly and severally liable with such minor, for any damages caused by such negligence.

Approved June 3, 1970.