Q: I need to know the law for kids under 16 for night time. I need to know if it is OK for them to drive to school functions like practices and then straight home. Is it also OK for them to drive with an adult in the front passenger at night also? Thank you for your help.—Stephanie
A: Drivers under the age of 16 can only drive a half hour before sunrise and a half an hour after sunrise when driving anywhere except from a school function if they get a restricted school attendance driving permit.
Idaho Code 49-307A (2) reads: The permit, if issued, shall only entitle the minor to drive to and from school, and school sponsored activities occurring at the school where enrolled, between the hours of 6:00 a.m. and 9:00 p.m.
In case you are wondering how to get this permit, here is how Idaho Code 49-310 reads: When signing for a restricted school attendance driving permit, the person signing the applicant’s application shall attest that the conditions set forth within section 49-307A, Idaho Code, are met. Each application for a restricted school attendance driving permit shall also be signed by the local county sheriff, the president of the board of trustees of the local school district, and the school principal of the applicant’s school, verifying that the conditions set forth within section 49-307A, Idaho Code, are met.
As a reminder I need to add Idaho Code 49-310 (4) which partially reads: Any person who has signed the application of a minor for a permit or driver’s license shall be liable civilly for the payment of any court penalty imposed because the minor has been found to have committed an infraction violation.
I would add that if your 15-year-old was caught violating their driver restrictions it could also lead to losing that license as well. A 15-year-old can, however, drive at night with a valid licensed passenger who is 21 or older.
I’m guessing that your driver’s 16th birthday will be a great day for them and you.
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K9 Jax, Sunnyvale Department of Public Safety, California
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