Section 42-2-104 - [Effective 4/1/2026] Licenses issued - denied(1) Except as otherwise provided in this article, the department may license the following persons in the manner prescribed in this article: (a) Any person twenty-one years of age or older, as a driver;(b) (Deleted by amendment, L. 2000, p. 1348, § 11, effective July 1, 2001.)(c) Any person sixteen years of age or older who has not reached his or her twenty-first birthday, as a minor driver. (2) Except as otherwise provided in this article 2, the department shall not license a person to operate any motor vehicle in this state:(a) and (b) (Deleted by amendment, L. 2007, p. 504, § 2, effective July 1, 2007.)(b.5) While the person's privilege to drive is under restraint;(c) Who has been adjudged or determined by a court of competent jurisdiction to have a substance use disorder, as defined in section 27-81-102, with respect to a controlled substance, as defined in section 18-18-102 (5);(d) Who has been adjudged or determined by a court of competent jurisdiction to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency in the manner prescribed by law.(3) The department shall not issue a license to: (a) Any person required by this article to take an examination until such person has successfully passed the examination;(b) Any person required under the provisions of any motor vehicle financial safety or responsibility law to deposit or furnish proof of financial responsibility until such person has deposited or furnished such proof;(c) Any person whose license is subject to suspension or revocation or who does not have a license but would be subject to suspension or revocation pursuant to section 42-2-125, 42-2-126, or 42-2-127;(d) Any person not submitting proof of age or proof of identity, or both, as required by the department;(e) A person whose presence in the United States is in violation of federal immigration laws;(f) A person who, while under the age of sixteen, was convicted of any offense that would have subjected the person to a revocation of driving privileges under section 42-2-125 for the period of such revocation if such person had possessed a driver's license.(4)(a) The department shall not issue a driver's license, including a temporary driver's license under section 42-2-106 (5), to an individual under eighteen years of age unless the individual has: (I) Applied for, been issued, and possessed an appropriate instruction permit for at least twelve months; and(II) Submitted a log or other written evidence on a standardized form approved by the department certifying that the individual has completed not less than fifty hours of actual driving experience with a driving supervisor listed in section 42-2-106 (2)(b)(II) of which not less than ten hours must have been completed while driving at night, which form must be signed by:(A) The Individual who signed the affidavit of liability for the individual to obtain an instruction permit;(B) The instructor of a driver education course approved by the department; or(C) Any individual who is twenty-one years of age or older, who holds a valid driver's license, and who instructed the applicant if the applicant is a foster child.(b) In no event shall the department issue a minor driver's license to anyone under sixteen years of age.(5) The department shall not issue a driver's license to a person under sixteen years and six months of age unless the person has either:(a) Received a minimum of twelve hours of driving-behind-the-wheel training directed by a parent, a legal guardian, or an alternate permit supervisor, which training shall be in addition to the driving experience required by subsection (4) of this section, if no entity offers approved behind-the-wheel driver training at least twenty hours a week from a permanent location with an address that is within thirty miles of the permit holder's residence; or(b) Received a minimum of six hours of driving-behind-the-wheel training with a driving instructor employed or associated with an approved driver education course.(6) The department shall not issue a driver's license, minor driver's license, or instruction permit to an individual whose authorization to be present in the United States is temporary unless the individual applies under and complies with part 5 of this article.Amended by 2024 Ch. 174,§ 1, eff. 4/1/2026, app. to applications for instruction permits and driver's licenses submitted on or after 1/1/2027.Amended by 2021 Ch. 177, § 3, eff. 5/24/2021.Amended by 2020 Ch. 286, § 55, eff. 7/13/2020.Amended by 2019 Ch. 239, § 3, eff. 8/2/2019.Amended by 2017 Ch. 263, § 305, eff. 5/25/2017.L. 94: Entire title amended with relocations, p. 2116, § 1, effective 1/1/1995. L. 97: (3)(f) amended, p. 1537, § 5, effective July 1. L. 99: (3)(f) amended, p. 392, § 3, effective July 1; (4) amended, p. 1379, § 2, effective July 1. L. 2000: (1) amended and (1.5) added, p. 1348, § 11, effective 7/1/2001. L. 2003: (3)(f) amended, p. 1904, § 4, effective July 1. L. 2004: IP(4)(a) and (4)(a)(I) amended, p. 1264, § 2, effective July 1. L. 2005: (3)(f) amended, p. 640, § 2, effective May 27. L. 2006: IP(4)(a) and (4)(a)(II) amended, p. 733, § 1, effective July 1. L. 2007: (5) added, p. 588, § 2, effective April 20; IP(2), (2)(a), and (2)(b) amended and (2)(b.5) added, p. 504, § 2, effective July 1. L. 2010: IP(4)(a), (4)(a)(II), and (5) amended, (SB 10 -015), ch. 217, p. 217, § 1, effective August 11. L. 2012: (2)(c) amended, (HB 12-1311), ch. 1631, p. 1631, § 87, effective July 1. L. 2013: IP(3) and (3)(e) amended and (6) added, (SB 13-251), ch. 402, p. 2351, § 1, effective August 7. L. 2017: IP(2) and (2)(c) amended, (SB 17-242), ch. 1380, p. 1380, § 305, effective May 25. L. 2019: (4)(a) amended, (HB 19-1023), ch. 2364, p. 2364, § 3, effective August 2. L. 2020: (2)(c) amended, (SB 20-007), ch. 1417, p. 1417, § 55, effective July 13. L. 2021: IP(4)(a), IP(4)(a)(II), and (4)(a)(II)(A) amended, (HB 21-1139), ch. 968, p. 968, § 3, effective May 24.(1) This section is similar to former § 42-2-103 as it existed prior to 1994, and the former § 42-2-104 was relocated to § 42-2-105 .
(2) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2006. (See L. 2000, p. 1348.)
2024 Ch. 174, was passed without a safety clause. See Colo. Const. art. V, § 1(3).This section is set out more than once due to postponed, multiple, or conflicting amendments. For the legislative declaration contained in the 1999 act amending subsection (4), see section 1 of chapter 334, Session Laws of Colorado 1999. For the legislative declaration contained in the 2004 act amending the introductory portion to subsection (4)(a) and subsection (4)(a)(I), see section 1 of chapter 323, Session Laws of Colorado 2004. For the legislative declaration contained in the 2007 act enacting subsection (5), see section 1 of chapter 155, Session Laws of Colorado 2007. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.