Request By:
Mr. J. Luke Quertermous
Attorney at Law
P.O. Box 187
Princeton, Kentucky 42445
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General as to how a person between the ages of 16 and 18 can obtain a motor vehicle operator's license.
The pertinent statute is KRS 186.470 which reads, in part, as follows:
"(1) The application of any minor under the age of 18 for an operator's license, motorcycle operator's license or an instruction permit shall not be granted unless the application is signed by a parent or legal guardian of the applicant. Regardless of which parent signs the application, both parents shall be responsible as provided by KRS 186.590. If the minor has no father, mother or guardian, an operator's license or instruction permit shall not be granted to the minor unless his application is signed by a person willing to assume the obligation imposed by KRS 186.590 upon a person signing the application of a minor. . . ."
We understand your question to be -- "Can a minor who has a living father or mother or legal guardian get an operator's license or a learner's permit by having an adult sign his application who is neither his father, mother or legal guardian? " Our answer is, "No."
We believe the intent of the statute is to go beyond requiring a simple acceptance of financial responsibility by another person for a minor's negligence. There is a clear implication that the person signing the minor's application for an operator's license or learner's permit is in loco parentis to the minor. Only when there does not exist a father, mother or legal guardian for the minor may an adult who is not his father, mother or legal guardian sign the application. We believe it would be contrary to the legislative intent for a person who is a friend of a minor who has a living father or mother or legal guardian to aid a minor in obtaining an operator's license without the knowledge and consent of the minor's parents or guardian.