Colo. Rev. Stat. § 42-2-105, Special restrictions on certain drivers

(1) A person under the age of eighteen years shall not drive any motor vehicle used to transport explosives or inflammable material or any motor vehicle used as a school vehicle for the transportation of pupils to or from school. A person under the age of eighteen years shall not drive a motor vehicle used as a commercial, private, or common carrier of persons or property unless such person has experience in operating motor vehicles and has been examined on such person's qualifications in operating such vehicles. The examination shall include safety regulations of commodity hauling, and the driver shall be licensed as a driver or a minor driver who is eighteen years of age or older.

(2) Notwithstanding the provisions of subsection (1) of this section, no person under the age of twenty-one years shall drive a commercial motor vehicle as defined in section 42-2-402 (4) except as provided in section 42-2-404 (4).

(3) Any person who violates any provision of this section commits a class A traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2117, � 1, effective January 1, 1995. L. 96: Entire section amended, p. 1355, � 1, effective July 1. L. 2002: (1) amended, p. 1034, � 73, effective June 1. L. 2010: (1) amended, (HB 10-1232), ch. 163, p. 572, � 11, effective April 28.

Editor's note: This section is similar to former � 42-2-104 as it existed prior to 1994, and the former � 42-2-105 was relocated to � 42-2-106.

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

42-2-105.5. Restrictions on minor drivers under eighteen years of age - penalties - legislative declaration. (1) The general assembly finds, determines, and declares that:

(a) Teenage drivers, in order to become safe and responsible drivers, need behind-the-wheel driving experience before they can begin to drive without restrictions;

(b) Providing additional behind-the-wheel training with a parent, guardian, or other responsible adult before obtaining a minor driver's license is the beginning of the young driver's accumulation of experience;

(c) Once a teenage driver begins to drive without a parent, guardian, or other responsible adult in the vehicle, it is necessary to place restrictions on a teenage driver who holds a minor driver's license until such driver turns eighteen years of age in order to give that driver time to exercise good judgment in the operation of a vehicle while keeping that driver, his or her passengers, and the public safe;

(d) Penalties for the violation of these restrictions on minor drivers under eighteen years of age, including the assessment of points where they may not otherwise be assessed, should be sufficient to ensure that chronic violations would result in swift and severe repercussions to reinforce the importance of obeying the driving laws in order to keep the minor driver, his or her passengers, and the public safe.

(2) Repealed.

(3) Occupants in motor vehicles driven by persons under eighteen years of age shall be properly restrained or wear seat belts as required in sections 42-4-236 and 42-4-237.

(4) No more than one passenger shall occupy the front seat of the motor vehicle driven by a person under eighteen years of age, and the number of passengers in the back seat of such vehicle shall not exceed the number of seat belts.

(5) (a) Except as otherwise provided in paragraph (b) of this subsection (5), any person who violates this section commits a class A traffic infraction.

(b) A violation of subsection (3) of this section is a traffic infraction, and, notwithstanding the provisions of section 42-4-1701 (4)(a)(I)(D), a person convicted of violating subsection (3) of this section shall be punished as follows:

(I) By the imposition of not less than eight hours nor more than twenty-four hours of community service for a first offense and not less than sixteen hours nor more than forty hours of community service for a subsequent offense;

(II) By the levying of a fine of not more than sixty-five dollars for a first offense, a fine of not more than one hundred thirty dollars for a second offense, and a fine of one hundred ninety-five dollars for a subsequent offense; and

(III) By an assessment of two license suspension points pursuant to section 42-2-127 (5)(hh).

Source: L. 99: Entire section added, p. 1379, � 3, effective July 1. L. 2005: (2) repealed, p. 334, � 3, effective July 1. L. 2006: (1)(c), (1)(d), (3), (4), and (5) amended, p. 438, � 1, effective July 1. L. 2008: (5)(b)(II) amended, p. 2086, � 3, effective July 1.

Cross references: For the legislative declaration contained in the 1999 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 1999.

42-2-106. Instruction permits and temporary licenses. [Editor's note: This version of this section is effective until April 1, 2026.]

(1) (a) (I) A person who is sixteen years of age or older and who, except for the person's lack of instruction in operating a motor vehicle or motorcycle, would otherwise be qualified to obtain a license under this article may apply for a temporary instruction permit in accordance with sections 42-2-107 and 42-2-108. The department shall issue a permit entitling an applicant, who is sixteen years of age or older but under eighteen years of age, while having the permit in the applicant's immediate possession, to drive a motor vehicle or motorcycle upon the highways when accompanied by the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), who holds a valid Colorado driver's license, and who occupies the front seat in close proximity to the driver or, in the case of a motorcycle, under the immediate proximate supervision of a licensed driver, who holds a valid Colorado driver's license and is twenty-one years of age or older, authorized under this article to drive a motorcycle. In addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who is authorized pursuant to this section to supervise the minor driver while the minor is driving, may allow the minor, while having the permit in the applicant's immediate possession, to drive with an individual who holds a valid driver's license and is twenty-one years of age or older for additional driving experience, but such additional driving experience shall not count toward the requirement established in section 42-2-104. The permit shall expire three years after issuance. The department shall issue a permit entitling the applicant, who is eighteen years of age or older, while having the permit in the applicant's immediate possession, to drive a motor vehicle or motorcycle upon the highways when accompanied by a driver, who holds a valid Colorado driver's license and is twenty-one years of age or older, who occupies the front seat of the motor vehicle, or if the vehicle is a motorcycle under the immediate proximate supervision of a driver, who is authorized under this article to drive a motorcycle. The permit shall expire three years after issuance.

(II) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), does not hold a valid Colorado driver's license, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent may appoint an alternate permit supervisor. An alternate permit supervisor shall hold a valid Colorado driver's license and be twenty-one years of age or older or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle. A minor who is issued a permit under this paragraph (a) may drive a motor vehicle, including a motorcycle, under the supervision of the alternate permit supervisor if the minor has the permit in the minor's immediate possession and the alternate permit supervisor occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver.

(III) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), does not hold a valid Colorado driver's license but holds a valid driver's license from another state and is authorized to drive a motor vehicle or motorcycle and has proper military identification, then the applicant, while having the permit in the applicant's immediate possession, shall be authorized to drive a motor vehicle, including a motorcycle, under the supervision of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who cosigned the application for the minor's instruction permit, if the parent, stepparent, grandparent with power of attorney, or guardian or foster parent occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver while the minor is driving.

(b) (I) A minor who is fifteen years of age or older and has completed a department-approved driver education course within the last six months may apply for a minor's instruction permit, pursuant to sections 42-2-107 and 42-2-108. Nothing in this subparagraph (I) shall require a minor who is fifteen years of age or older and in the foster care system to complete and present an affidavit of liability to register for a department-approved driver education course prior to applying for a minor's instruction permit. Upon presentation of a written or printed statement signed by the parent, stepparent, grandparent with power of attorney, or guardian or foster parent and the instructor of the driver education course that the minor has passed an approved driver education course, and a signed affidavit of liability pursuant to section 42-2-108, the department shall issue the permit entitling the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle, including a motorcycle, under the supervision of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who cosigned the application for the minor's instruction permit, if the parent, stepparent, grandparent with power of attorney, or guardian or foster parent holds a valid Colorado driver's license and occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle and is in close proximity to the driver while the minor is driving. In addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who is authorized pursuant to this section to supervise the minor driver while the minor is driving, may allow the minor, while having the permit in the applicant's immediate possession, to drive with an individual who holds a valid driver's license and is twenty-one years of age or older for additional driving experience, but such additional driving experience shall not count toward the requirement established in section 42-2-104. The permit shall also entitle the applicant to drive a motor vehicle, including a motorcycle, that is marked to indicate that it is a motor vehicle used for instruction and that is properly equipped for instruction, upon the highways when accompanied by or under the supervision of an approved driver education instructor who holds a valid Colorado driver's license. Driver education instructors giving instruction in motorcycle safety shall have a valid motorcycle driver's license from Colorado and shall have successfully completed an instruction program in motorcycle safety approved by the department. The permit shall expire three years after issuance.

(II) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), does not hold a valid Colorado driver's license, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent may appoint an alternate permit supervisor. An alternate permit supervisor shall hold a valid Colorado driver's license and be twenty-one years of age or older or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle. A minor who is issued a permit under this paragraph (b) may drive a motor vehicle, including a motorcycle, under the supervision of the alternate permit supervisor if the minor has the permit in the minor's immediate possession and the alternate permit supervisor occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver.

(c) A person sixteen years of age or older who, except for his or her lack of instruction in operating a motorcycle would otherwise be qualified to obtain a driver's license under this article to drive a motorcycle may apply for a temporary instruction permit, pursuant to sections 42-2-107 and 42-2-108. The department shall issue the permit entitling the applicant, while having the permit in the applicant's immediate possession, to drive a motorcycle upon the highways while under the immediate supervision of a licensed driver, who holds a valid Colorado driver's license and is twenty-one years of age or older, authorized under this article to drive a motorcycle. The permit shall expire three years after issuance.

(d) (I) A minor fifteen and one-half years of age but less than sixteen years of age who has completed a four-hour prequalification driver awareness program approved by the department may apply for a minor's instruction permit pursuant to sections 42-2-107 and 42-2-108. Upon presenting a written or printed statement signed by the parent, stepparent, grandparent with power of attorney, or guardian or foster parent of the applicant and documentation that the minor completed the driver awareness program, the department shall issue a permit entitling the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle, including a motorcycle, under the supervision of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who cosigned the application for the minor's instruction permit, if the parent, stepparent, grandparent with power of attorney, or guardian or foster parent holds a valid Colorado driver's license and occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle and is in close proximity to the driver while he or she is driving. In addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who is authorized pursuant to this section to supervise the minor driver while the minor is driving, may allow the minor, while having the permit in the applicant's immediate possession, to drive with an individual who holds a valid driver's license and is twenty-one years of age or older for additional driving experience, but such additional driving experience shall not count toward the requirement established in section 42-2-104. The permit shall expire three years after issuance.

(II) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who signed the affidavit of liability pursuant to section 42-2-108 (1)(a), does not hold a valid Colorado driver's license, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent may appoint an alternate permit supervisor. An alternate permit supervisor shall hold a valid Colorado driver's license and be twenty-one years of age or older or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle. A minor who is issued a permit under this paragraph (d) may drive a motor vehicle, including a motorcycle, under the supervision of the alternate permit supervisor if the minor has the permit in the minor's immediate possession and the alternate permit supervisor occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver.

(e) Repealed.

(f) Notwithstanding paragraphs (a) to (d) of this subsection (1), a temporary instruction permit to operate a commercial motor vehicle as defined in section 42-2-402 shall expire one year after issuance.

(g) A person who qualifies for a permit under subsection (1)(a), (1)(b), (1)(c), or (1)(d) of this section and who has a disability that requires the person to use a special vehicle or qualifies the person for parking privileges under section 42-3-204 may apply for an instruction permit in accordance with the subsection under which the person qualifies for a permit. Upon determining that a person is qualified for the permit, the department shall issue a permit entitling an applicant to drive a motor vehicle or motorcycle upon the highways in accordance with the requirements of the subsection under which the person qualifies for the permit and any further requirements the department may reasonably require due to the person's disability. The permit expires three years after issuance.

(h) Notwithstanding subsections (1)(b) to (1)(d) of this section, a foster child, to obtain an instruction permit under subsections (1)(b) to (1)(d) of this section, may drive with any person who:

(I) Holds a valid driver's license;

(II) Is at least twenty-one years of age; and

(III) Occupies the front passenger seat, in close proximity to the foster child, for the purposes of instruction.

(2) (a) The department, in its discretion, may issue a temporary driver's license to an applicant, who is not a first time applicant in Colorado or who is under eighteen years of age and is accompanied by a responsible party meeting the requirements of section 42-2-108 (1), for a minor driver's or driver's license which will permit such applicant to operate a motor vehicle while the department completes its verification of all facts relative to such applicant's right to receive a minor driver's or driver's license.

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

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

(3) Any person who violates any provision of this section commits a class A traffic infraction.

42-2-106. Instruction permits and temporary licenses - penalty. [Editor's note: This version of this section is effective April 1, 2026. 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 to a minor who is under twenty-one years of age to drive a motorcycle unless the applicant has successfully completed an instruction program in motorcycle safety that is approved by the Colorado state patrol.

(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;

(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.

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 18(2) of chapter 16 (HB 25-1076), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed or to the issuance, acceptance, or use of identification documents on or after August 6, 2025.

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.

42-2-107. Application for license or instruction permit - anatomical gifts - donations to Emily Keyes - John W. Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report. (1) (a) (I) To be acceptable, every application for an instruction permit or for a driver's or minor driver's license must be made upon forms furnished by the department and accompanied by the required fee. The department shall set the fee in accordance with section 42-2-114.5 (2). The department shall transfer the fee to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2). Every applicant shall submit with the application proof of age or proof of identity, or both, as the department may require.

(II) [Editor's note: This version of subsection (1)(a)(II) is effective until April 1, 2026.] If an applicant is applying for an instruction permit or driver's or minor driver's license for the first time in Colorado and the applicant otherwise meets the requirements for such license or permit, the applicant shall receive a temporary license or instruction permit pursuant to section 42-2-106 (2) until the department verifies all facts relative to such applicant's right to receive an instruction permit or minor driver's or driver's license including the age, identity, and residency of the applicant.

(II) [Editor's note: This version of subsection (1)(a)(II) is effective April 1, 2026. For the applicability of this subsection (1)(a)(II) on or after January 1, 2027, see the editor's note following this section.] If an applicant is applying for an instruction permit, driver's license, or minor driver's license for the first time in Colorado and the applicant otherwise meets the requirements for the license or permit, the applicant shall receive a temporary license, temporary minor driver's license, or temporary instruction permit pursuant to section 42-2-106 (5) until the department verifies all facts relative to the applicant's right to receive an instruction permit, minor driver's license, or driver's license, including the age, identity, and residency of the applicant.

(b) (I) An applicant who submits proof of age or proof of identity issued by an entity other than a state or the United States shall also submit such proof as the department may require that the applicant is lawfully present in the United States.

(II) An applicant who submits, as proof of age or proof of identity, a driver's license or identification card issued by a state that issues drivers' licenses or identification cards to persons who are not lawfully present in the United States shall also submit such proof as the department may require that the applicant is lawfully present in the United States.

(c) The department shall not issue a driver's or minor driver's license to a person who is not lawfully present in the United States.

(d) The department may not issue a driver's or minor driver's license to any person who is not a resident of the state of Colorado. The department shall issue such a license only upon the furnishing of such evidence of residency as the department may require.

(2) (a) (I) Every application shall state the full name, date of birth, sex, and residence address of the applicant; briefly describe the applicant; be signed by the applicant with such applicant's usual signature; have affixed thereon the applicant's fingerprint; and state whether the applicant has ever been licensed as a minor driver or driver and, if so, when and by what state or country and whether any such license has ever been denied, suspended, or revoked, the reasons therefor, and the date thereof. These statements shall be verified by the applicant's signature thereon.

(II) The department shall issue a new driver's license to a person who has a gender different from the sex denoted on that person's driver's license when the department receives a new birth certificate issued pursuant to section 25-2-113.8 or when the department receives:

(A) A statement, in a form or format designated by the department, from the person, or from the person's parent if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, confirming the sex designation on the person's driver's license does not align with the person's gender identity; and

(B) If the person is a minor under the age of eighteen, a statement, in a form or format designated by the department, signed under penalty of law, from a professional medical or mental health-care provider licensed in good standing in Colorado or with an equivalent license in good standing from another jurisdiction, stating that the sex designation on the driver's license does not align with the minor's gender identity. This subsection (2)(a)(II)(B) does not require a minor to undergo any specific surgery, treatment, clinical care, or behavioral health care.

(III) [Editor's note: This version of subsection (2)(a)(III) is effective until October 1, 2026.] The department may only amend a sex designation for an individual's driver's license one time upon the individual's request. Any further requests from the individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required.

(III) [Editor's note: This version of subsection (2)(a)(III) is effective October 1, 2026.] The department may only amend a sex designation for an individual's driver's license three times upon the individual's request. Any further requests from the individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required.

(IV) In addition to the information required by subsection (2)(a)(I) of this section, every application shall include the opportunity for the applicant to self-identify his or her race or ethnicity. The race or ethnicity information that may be identified on the application shall not be printed on the driver's license but shall be maintained in the stored information as defined by section 42-2-114 (1)(b). That information must be accessible to a law enforcement officer through magnetic or electronic readers.

(b) (I) In addition to the requirements of subsection (2)(a) of this section, an application must state that:

(A) The applicant understands that, as a resident of the state of Colorado, any motor vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the state and the applicant may be subject to criminal penalties, civil penalties, and liability for any unpaid registration fees and specific ownership taxes if the applicant fails to comply with such registration requirements.

(B) Repealed.

(II) The applicant shall verify the statements required by this paragraph (b) by the applicant's signature on the application.

(2.5) (a) Any male United States citizen or immigrant who applies for an instruction permit or a driver's license or a renewal of any such permit or license and who is at least eighteen years of age but less than twenty-six years of age shall be registered in compliance with the requirements of section 3 of the Military Selective Service Act, 50 U.S.C. App. sec. 453, as amended.

(b) The department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (a) of this subsection (2.5) to the selective service system. The applicant's submission of an application shall serve as an indication that the applicant either has already registered with the selective service system or that he is authorizing the department to forward to the selective service system the necessary information for such registration. The department shall notify the applicant that his submission of an application constitutes consent to registration with the selective service system, if so required by federal law.

(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), an application for a driver's or minor driver's license shall include the applicant's social security number, which shall remain confidential and shall not be placed on the applicant's driver's or minor driver's license; except that such confidentiality shall not extend to the state child support enforcement agency, the department, or a court of competent jurisdiction when requesting information in the course of activities authorized under article 13 of title 26, C.R.S., or article 14 of title 14, C.R.S. If the applicant does not have a social security number, the applicant shall submit a sworn statement made under penalty of law, together with the application, stating that the applicant does not have a social security number.

(b) If federal law is changed to prohibit the collection of social security numbers on driver's license applications, the department shall automatically stop its practice of including applicants' social security numbers on applications for driver's and minor driver's licenses as specified in paragraph (a) of this subsection (3).

(c) A sworn statement that is made under penalty of perjury shall be sufficient evidence of the applicant's social security number required by this subsection (3) and shall authorize the department to issue a driver's or minor driver's license to the applicant. Nothing in this paragraph (c) shall be construed to prevent the department from canceling, denying, recalling, or updating a driver's or minor driver's license if the department learns that the applicant has provided a false social security number.

(4) (a) (Deleted by amendment, L. 2004, p. 1891, � 4, effective August 4, 2004.)

(b) (I) (A) The general assembly hereby finds, determines, and declares that the availability of human organs and tissue by voluntary designation of donors under the provisions of the Revised Uniform Anatomical Gift Act, part 2 of article 19 of title 15, is critical for advancements in medical science to occur and for the successful use of various medical treatments to save and prolong lives.

(B) The general assembly further finds, determines, and declares that state government should play a role in increasing the availability of human organs and tissue to procurement organizations, as defined in section 15-19-202, by acting as a conduit to make money available for promoting organ and tissue donation and that this role constitutes a public purpose.

(II) There is hereby created in the state treasury the Emily Keyes - John W. Buckner organ and tissue donation awareness fund, which shall consist of all moneys credited thereto from all sources including but not limited to moneys collected from voluntary contributions for organ and tissue donation pursuant to subparagraph (V) of this paragraph (b) and section 42-2-118 (1)(a)(II). All moneys in the fund are hereby continuously appropriated to the department of the treasury and shall remain in the fund to be used for the purposes set forth in subparagraph (III) of this paragraph (b) and shall not revert to the general fund or any other fund. All interest derived from the deposit and investment of this fund shall be credited to the fund. At least quarterly, the state treasurer shall transfer all available moneys in the Emily Keyes - John W. Buckner organ and tissue donation awareness fund to Donor Alliance, Inc., or its successor organization, as directed by sub-subparagraph (A) of subparagraph (III) of this paragraph (b).

(III) At least quarterly, the state treasurer shall transfer all available money from the Emily Keyes - John W. Buckner organ and tissue donation awareness fund:

(A) To Donor Alliance, Inc., or its successor organization, to provide funding for activities to promote organ and tissue donation through the creation and dissemination, by means of electronic media and otherwise, of educational information including public service announcements and information to increase awareness in the medical professions and related fields. Donor Alliance, Inc., or its successor organization, shall create, by amendment to its articles of incorporation or bylaws or otherwise, as appropriate, an advisory group to allocate moneys received pursuant to this sub-subparagraph (A). Such advisory body shall include a representative of any qualified transplant organization. Such organizations shall include those for organs, tissue, and living donations. The advisory body created under this sub-subparagraph (A) shall report in writing in a form and manner determined by the department and at such intervals as required by the department on the use of moneys received under this sub-subparagraph (A). No moneys made available pursuant to this paragraph (b) shall be used to encourage fetal tissue donation.

(B) (Deleted by amendment, L. 98, p. 1172, � 9, effective June 1, 1998.)

(C) Before any payment to Donor Alliance, Inc., or its successor organization, from the Emily Keyes - John W. Buckner organ and tissue donation awareness fund may be made for any purpose, to the department for the reasonable costs associated with the initial installation of the organ and tissue donor registry, the setup for electronic transfer of the donor information for the organ and tissue donor registry to the federally designated organ procurement organization, and computer programming, reprogramming, and form changes necessary as a result of the creation or modification of the organ and tissue donor registry.

(D) To Donor Alliance, Inc., or its successor organization, for the costs associated with educating the public about the organ and tissue donor registry pursuant to section 15-19-220.

(IV) Appropriations made by the general assembly pursuant to subparagraph (III) of this paragraph (b) shall not exceed moneys in the Emily Keyes - John W. Buckner organ and tissue donation awareness fund that are available for appropriation.

(V) An applicant may make a donation of one dollar or more to the Emily Keyes - John W. Buckner organ and tissue donation awareness fund, created in subsection (4)(b)(II) of this section, to promote the donation of organs and tissues under the Revised Uniform Anatomical Gift Act, part 2 of article 19 of title 15. The department shall collect the financial donations and transmit them to the state treasurer, who shall credit them to the Emily Keyes - John W. Buckner organ and tissue donation awareness fund. The donation prescribed in this subsection (4)(b)(V) is voluntary and may be refused by the applicant. The department shall make available informational booklets or other informational sources on the importance of organ and tissue donations to applicants as designed and approved by the advisory body created under subsection (4)(b)(III)(A) of this section. The department shall inquire of each applicant at the time the completed application is presented whether the applicant is interested in making a donation of one dollar or more and shall also specifically inform the applicant of the option for organ and tissue donations. The department shall also provide written information designed and approved by the advisory body created under subsection (4)(b)(III)(A) of this section to each applicant volunteering to become an organ and tissue donor. The written information shall disclose that the applicant's name shall be transmitted to the organ and tissue donor registry authorized in section 15-19-220, and that the applicant shall notify the federally designated organ procurement organization of any changes to the applicant's donor status. The issuance of an identification card, a driver's license, or an instruction permit with a donor's designation completes the donation process and is effective unless revoked pursuant to section 15-19-206 of the Revised Uniform Anatomical Gift Act, part 2 of article 19 of title 15.

(V.5) Designation on a donor's driver's license or permit shall fulfill the release requirements set forth in section 24-72-204 (7)(b), C.R.S.

(VI) The provisions of article 16 of title 6, C.R.S., shall not apply to the activities of the department under this paragraph (b).

(VII) By October 1, 2017, and by each October 1 thereafter, Donor Alliance, Inc., or its successor organization, shall submit to the department an annual report detailing the amounts and specific uses of all funds received by Donor Alliance, Inc., from the Emily Keyes - John W. Buckner organ and tissue donation awareness fund.

(VIII) Repealed.

(5) Repealed.

(6) Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

Source: L. 94: Entire title amended with relocations, p. 2119, � 1, effective January 1, 1995. L. 95: (5) added, p. 1003, � 1, effective July 1. L. 96: IP(15)(b) amended, p. 1201, � 1, effective June 1; (4) amended, p. 1132, � 1, effective July 1. L. 97: (5)(a) amended, p. 1669, � 2, effective June 5; (2) amended, p. 1000, � 1, effective August 6. L. 98: (4)(a), (4)(b)(II), (4)(b)(III)(B), and (4)(b)(VII) amended, p. 1172, � 9, effective June 1; (6) added, p. 1351, � 93, effective June 1; (1) amended, p. 294, � 1, effective July 1. L. 99: (4)(b)(II) amended, p. 630, � 46, effective August 4. L. 2000: (3) amended, p. 1715, � 11, effective July 1; (4)(b)(III)(C), (4)(b)(III)(D), and (4)(b)(V.5) added and (4)(b)(V) and (4)(b)(VII) amended, pp. 730, 731, 733, �� 8, 9, 14, effective July 1; (1)(a), (1)(c), (1)(d), (2)(a), (3), and (5)(a)(I) amended, p. 1349, � 16, effective July 1, 2001. L. 2001: (1)(a) amended, p. 938, � 2, effective July 1; (2.5) added, p. 646, � 1, effective August 8; (3)(a) amended and (3)(c) added, p. 782, � 1, effective August 8. L. 2002: (1)(b) amended, p. 171, � 1, effective April 2. L. 2004: (4)(a), (4)(b)(II), (4)(b)(III)(C), and (4)(b)(V) amended, p. 1891, � 4, effective August 4. L. 2005: (3)(a) amended, p. 642, � 4, effective May 27. L. 2007: (4)(b)(II), IP(4)(b)(III), (4)(b)(III)(A), (4)(b)(III)(C), (4)(b)(III)(D), (4)(b)(IV), (4)(b)(V), and (4)(b)(VII) amended, p. 307, � 1, effective, March 30; (1)(a)(I) amended, p. 1570, � 2, effective July 1; (4)(b)(I), (4)(b)(III)(C), (4)(b)(III)(D), and (4)(b)(V) amended, p. 799, � 10, effective July 1. L. 2009: (1)(a)(I) amended, (SB 09-274), ch. 210, p. 951, � 1, effective May 1. L. 2010: (1)(a)(I) amended, (HB 10-1387), ch. 205, p. 886, � 1, effective May 5. L. 2011: (4)(b)(II) and (4)(b)(III) amended, (HB 11-1303), ch. 264, p. 1177, � 99, effective August 10. L. 2012: (1)(a)(I) amended, (HB 12-1216), ch. 80, p. 263, � 1, effective July 1. L. 2013: (1)(c) amended, (SB 13-251), ch. 402, p. 2351, � 2, effective August 7. L. 2014: (1)(a)(I) amended, (SB 14-194), ch. 346, p. 1543, � 6, effective June 5. L. 2016: (2)(a) amended, (HB 16-1021), ch. 322, p. 1307, � 1, effective June 10. L. 2017: (4)(b)(I)(A), (4)(b)(I)(B), IP(4)(b)(III), (4)(b)(III)(D), and (4)(b)(V) amended, (SB 17-223), ch. 158, p. 564, � 18, effective August 9; (4)(b)(II), IP(4)(b)(III), (4)(b)(III)(A), (4)(b)(III)(C), (4)(b)(IV), (4)(b)(V), and (4)(b)(VII) amended and (4)(b)(VIII) added, (HB 17-1027), ch. 329, p. 1759, � 1, effective September 15. L. 2019: (2)(a) amended, (HB 19-1039), ch. 377, p. 3405, � 3, effective January 1, 2020. L. 2020: (2)(a)(II) amended, (SB 20-166), ch. 280, p. 1371, � 2, effective July 13. L. 2021: (2)(a)(I) and (2)(a)(II)(B) amended, (SB 21-266), ch. 423, p. 2807, � 41, effective July 2; IP(2)(b)(I) and (2)(b)(I)(A) amended and (5) repealed, (HB 21-1314), ch. 460, p. 3094, � 3, effective January 1, 2022. L. 2022: (1)(a)(I) amended, (HB 22-1339), ch. 135, p. 910, � 7, effective July 1. L. 2024: (1)(a)(II) amended, (HB 24-1021), ch. 174, p. 950, � 3, effective April 1, 2026. L. 2025: (4)(b)(VIII) repealed, (SB 25-122), ch. 447, p. 2569, � 2, effective June 4; (2)(b)(I)(B) repealed, (HB 25-1076), ch. 16, p. 64, � 12, effective August 6; (2)(a)(III) amended, (HB 25-1312), ch. 205, p. 930, � 11, effective October 1, 2026.

Editor's note: (1) This section is similar to former � 42-2-106 as it existed prior to 1994, and the former � 42-2-107 was relocated to � 42-2-108.

(2) Amendments to subsection (3) by Senate Bill 00-145 and Senate Bill 00-011 were harmonized, effective July 1, 2001.

(3) Amendments to subsections (4)(b)(III)(C), (4)(b)(III)(D), and (4)(b)(V) by Senate Bill 07-037 and House Bill 07-1266 were harmonized.

(4) Amendments to subsections IP(4)(b)(III) and (4)(b)(V) by SB 17-223 and HB 17-1027 were harmonized.

(5) 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.

(6) Section 18(2) of chapter 16 (HB 25-1076), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed or to the issuance, acceptance, or use of identification documents on or after August 6, 2025.

Cross references: (1) For the legislative declaration in SB 25-122, see section 1 of chapter 447, Session Laws of Colorado 2025.

(2) For the short title (Kelly Loving Act) in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.