A. Except as provided in subsection C of this section, a minor driver shall not operate a motor vehicle containing a passenger who is under twenty one (21) years of age and who is not a member of the driver's immediate family until the minor driver has held a valid driver's license for at least six (6) months.
B. Except as provided in subsection C of this section, a minor driver shall not operate a motor vehicle containing more than one passenger who is under twenty one (21) years of age and who is not a member of the driver's immediate family until the minor driver has held a valid driver's license for at least one year.
C. Subsections A and B of this section shall not apply if:
1. The motor vehicle contains the minor driver's parent or legal guardian or other responsible adult described in Colorado Revised Statutes section 42-2-108;
2. The motor vehicle contains an adult twenty one (21) years of age or older who currently holds a valid driver's license and has held a license for at least one year;
3. The passenger who is under twenty one (21) years of age is in the vehicle due to a medical emergency;
4. All passengers who are under twenty one (21) years of age are members of the minor driver's immediate family and all passengers are wearing a seat belt.
D. Except as provided, a minor driver shall not operate a motor vehicle between twelve o'clock (12:00) midnight and five o'clock (5:00) A.M. until the minor driver has held a driver's license for at least one year. This subsection shall not apply if:
1. The motor vehicle contains the minor's parent or legal guardian or other responsible adult described in Colorado Revised Statutes section 42-2-108;
2. The motor vehicle contains an adult twenty one (21) years of age or older who currently holds a valid driver's license and has held a 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 minor 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 minor 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 driver is an emancipated minor.
E. For the purposes of this section:
EMANCIPATED MINOR: An individual under eighteen (18) years of age whose parents or guardian has surrendered parental responsibilities, custody and the right to the care and earnings of the person, and is no longer under a duty to support the person.
MINOR DRIVER: A person who is operating a motor vehicle and who is under eighteen (18) years of age.
F. No minor driver in a motor vehicle shall be cited for a violation of this section unless the minor driver was stopped by a law enforcement officer for an alleged violation of this chapter other than a violation of this section. (Ord. 07-88)