Colorado § 42-2-106 - Instruction permits and temporary licenses - penalty.

§ 42-2-106. Instruction permits and temporary licenses - penalty.

[Editor's note: For the applicability of this section on or after January 1, 2027, see the editor's note following this section.]

(1) (a) The department shall issue an instruction permit to a minor who is fifteen years of age or older and under eighteen years of age and who:

(I) Has successfully completed within the last six months a thirty-hour driver education course that is approved by the department, which course may be completed online; and

(II) Meets the requirements to be issued an instruction permit in accordance with sections 42-2-107 and 42-2-108.

(b) The department shall issue an instruction permit to a minor who is eighteen years of age or older and who:

(I) Has successfully completed within the last six months a thirty-hour driver education course that is approved by the department, which course may be online, or a four-hour prequalification driver awareness program that is approved by the department; and

(II) Qualifies for an instruction permit in accordance with section 42-2-107.

(c) The department shall issue an instruction permit to a minor who is qualified under subsection (1)(a) or (1)(b) of this section and who has a disability that requires the person to use a special vehicle or that qualifies the minor for parking privileges under section 42-3-204, but the department may set additional reasonable requirements on the use of the instruction permit.

(d) The department shall issue an instruction permit to an individual who is twenty-one years of age or older and who meets the requirements to be issued an instruction permit in accordance with sections 42-2-107 and 42-2-108.

(e) The department shall not issue an instruction permit or endorsement to a minor who is under twenty-one years old to drive a motorcycle unless the applicant has successfully completed an instruction program in motorcycle safety that is approved by the Colorado state patrol.

(f) Notwithstanding subsection (1)(a) of this section, the department shall not issue an instruction permit to a minor who is under eighteen years old to drive a motorcycle unless the minor has written permission of the minor's parent or legal guardian to drive a motorcycle. The written permission requirement in this subsection (1)(f) does not apply to an emancipated minor.

(2) (a) An instruction permit entitles the holder to drive a motor vehicle on a roadway if the minor complies with subsection (2)(b) of this section.

(b) Except as provided in subsection (2)(c), (2)(d), or (2)(e) of this section, an instruction permit holder shall not drive a motor vehicle on a roadway unless:

(I) The permit is in the holder's immediate possession; and

(II) One of the following individuals who holds a valid Colorado driver's license is supervising the permit holder from the front passenger seat or, if the motor vehicle is a motorcycle, in close proximity to where the permit holder is driving:

(A) The minor's parent or stepparent;

(B) The minor's grandparent with power of attorney;

(C) The guardian who signed the affidavit of liability;

(D) The foster parent who signed the affidavit of liability;

(E) An approved driver education instructor if the motor vehicle complies with section 42-2-602;

(F) An individual authorized to supervise a foster child in subsection (2)(c) of this section;

(G) An alternate permit supervisor appointed in accordance with subsection (2)(e)(I) of this section;

(H) An individual described in subsection (2)(e)(II) of this section;

(I) An individual authorized to supervise the minor under subsection (2)(d) of this section; or

(J) An individual who is twenty-one years of age or older and who assumed the obligations under this article 2 by signing the affidavit of liability for the minor.

(c) Notwithstanding subsection (2)(d) of this section, a foster child may drive with and fulfill the fifty-hour driving requirement established in section 42-2-104 (4)(a)(II) with any individual who:

(I) Holds a valid Colorado driver's license; and

(II) Is twenty-one years of age or older.

(d) The individual who signed the affidavit of liability may allow the minor to drive with an individual who holds a valid driver's license and is twenty-one years of age or older.

(e) (I) If the individual who signed the affidavit of liability does not have a Colorado driver's license, the individual may appoint an alternate permit supervisor who holds a Colorado driver's license.

(II) If the individual who signed the affidavit of liability for the minor is in the United States military and does not have a Colorado driver's license, the individual may supervise the instruction permit holder if the individual holds a valid driver's license from another state, is authorized to drive a motor vehicle or motorcycle, and has proper military identification.

(3) (a) To be an approved driving instructor, the instructor must have a valid Colorado driver's license.

(b) To be an approved driving instructor who gives instruction in motorcycles, the instructor must have a valid motorcycle driver's license or endorsement and have successfully completed an instruction program in motorcycle safety that is approved by the Colorado state patrol.

(4) An instruction permit expires three years after the date of issuance; except that a temporary instruction permit to drive a commercial motor vehicle, as defined in section 42-2-402 (4), expires one year after the date of issuance.

(5) (a) The department, in its discretion, may issue a temporary minor driver's license or temporary driver's license to an applicant who:

(I) Is not a first-time applicant in Colorado; or

(II) Is under eighteen years of age and is accompanied by a person who signs an affidavit of liability in accordance with section 42-2-108 (1) that will permit the applicant to operate a motor vehicle while the department completes its verification of all facts relative to the applicant's right to receive a minor driver's license or driver's license.

(b) The department shall issue a temporary minor driver's license or temporary driver's license to a first-time applicant in Colorado for a minor driver's license or driver's license that will permit the applicant to operate a motor vehicle while the department completes its verification of all facts relative to the applicant's right to receive a minor driver's license or driver's license, including the age, identity, and residency of the applicant, unless the applicant is under eighteen years of age and is accompanied by a person who signs an affidavit of liability in accordance with section 42-2-108 (1). The verification must include a comparison of existing driver's license and identification card images in department files with the applicant's images to ensure the applicant has only one identity.

(c) A temporary driver's license or temporary minor driver's license is valid for up to one year as determined by the department, unless extended by the department, and must be in the applicant's immediate possession while operating a motor vehicle. A temporary driver's license or temporary minor driver's license immediately becomes invalid when the permanent driver's license has been issued or has been refused for good cause.

(6) A person who violates this section commits a class A traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2118, § 1, effective January 1, 1995. L. 96: Entire section amended, p. 1355, § 2, effective July 1. L. 99: (1)(a) and (1)(b) amended, p. 1380, § 4, effective July 1. L. 2000: (2) amended, p. 1348, § 12, effective July 1, 2001. L. 2001: (2) amended, p. 937, § 1, effective July 1. L. 2004: (1)(a) and (1)(b) amended and (1)(d) and (1)(e) added, p. 1265, § 3, effective July 1. L. 2005: (1)(b), (1)(c), and (1)(d) amended, p. 641, § 3, effective May 27. L. 2006: (1)(b) and (1)(d) amended, p. 582, § 1, effective April 24; (1)(a), (1)(b), (1)(c), and (1)(d) amended, p. 733, § 2, effective July 1. L. 2007: (1)(b)(I) amended, p. 589, § 3, effective April 20. L. 2008: (1)(f) added, p. 474, § 3, effective July 1. L. 2009: (1) amended, (HB 09-1026), ch. 281, p. 1262, § 24, effective October 1. L. 2010: (1)(b)(I) amended, (HB 10-1059), ch. 38, p. 156, § 1, effective August 11. L. 2017: (1)(g) added, (SB 17-286), ch. 388, p. 2007, § 1, effective August 9. L. 2019: (1)(h) added, (HB 19-1023), ch. 239, p. 2364, § 4, effective August 2. L. 2024: Entire section R&RE, (HB 24-1021), ch. 174, p. 947, § 2, effective April 1, 2026. L. 2025: (1)(a)(I), (1)(b)(I), and (1)(d) amended, (HB 25-1076), ch. 16, p. 63, § 11, effective August 6. L. 2026: (1)(e) amended, (HB 26-1076), ch. 265, p. 1468, § 5, effective August 12; (1)(f) added, (HB 26-1079), ch. 149, p. 833, § 3, effective August 12.

Editor's note: (1) This section is similar to former § 42-2-105 as it existed prior to 1994, and the former § 42-2-106 was relocated to § 42-2-107.

(2) Subsection (1)(e)(II) provided for the repeal of subsection (1)(e), effective July 1, 2006. (See L. 2004, p. 1265.)

(3) Amendments to subsections (1)(b) and (1)(d) by Senate Bill 06-083 and House Bill 06-1107 were harmonized.

(4) Section 5(2) of chapter 174 (HB 24-1021), Session Laws of Colorado 2024, provides that the act changing this section applies to applications for instruction permits and driver's licenses submitted on or after January 1, 2027.

(5) Section 4(2) of chapter 149 (HB 26-1079), Session Laws of Colorado 2026, provides that the act changing this section applies to applications for instruction permits submitted on or after August 12, 2026.

Cross references: (1) For the penalty for a class A traffic infraction, see § 42-4-1701 (3).

(2) For the legislative declaration contained in the 1999 act amending subsections (1)(a) and (1)(b), see section 1 of chapter 334, Session Laws of Colorado 1999. For the legislative declaration contained in the 2004 act amending subsections (1)(a) and (1)(b) and enacting subsections (1)(d) and (1)(e), see section 1 of chapter 323, Session Laws of Colorado 2004. For the legislative declaration contained in the 2007 act amending subsection (1)(b)(I), see section 1 of chapter 155, Session Laws of Colorado 2007.

(3) For the short title ("Cole Bradley Act") and the legislative declaration in HB 26-1079, see sections 1 and 2 of chapter 149, Session Laws of Colorado 2026.

ANNOTATION

The department of motor vehicles did not violate § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and intentionally discriminate against blind mother when it required a "parent, stepparent, or guardian" with a valid driver's license to supervise minor daughter's driving practice, as required by minor's instruction permit. Barber v. Colo. Dept. of Rev., 562 F.3d 1222 (10th Cir. 2009) (decided under law in effect prior to the 2005 amendment).