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Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 2:53 pm
by Steve Abbott
A friend of mine might come out tomorrow with his son to watch. His son is 12 years old. Can he be a passenger?
Thanks,
Steve A.
Re: Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 3:15 pm
by KJ Christopher
Yes. Normal caveats on waivers. As a minor in a car, he may need to have both parents signature on the minor waiver. That I can't remember off the top of my head.
Re: Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 3:30 pm
by Steve Abbott
KJ Christopher wrote: he may need to have both parents signature on the minor waiver.
Since both parents are not coming, can the one that stays home, right some kind of note?
thanks,
Re: Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 3:44 pm
by Steve Ekstrand
Steve-
Have them print out the form from the SCCA site in color (there is red on the page that needs to be red). Have the parents fill out the form, and you as an SCCA member and somebody we know and trust can act as the witness for the form, then the other parent doesn't need to be present.
As a long time SSS in this region and having known Steve for a long time I find him responsible and trustworthy to have him witness. To others, please note this is a case by case deal, so ask first. Thank you!
Edit add--- Here is the link to the minor waiver form
http://www.scca.com/documents/insurance ... waiver.pdf" onclick="window.open(this.href);return false;
Re: Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 4:34 pm
by KJ Christopher
Steve Ekstrand wrote:Steve-
Have them print out the form from the SCCA site in color (there is red on the page that needs to be red). Have the parents fill out the form, and you as an SCCA member and somebody we know and trust can act as the witness for the form, then the other parent doesn't need to be present.
As a long time SSS in this region and having known Steve for a long time I find him responsible and trustworthy to have him witness. To others, please note this is a case by case deal, so ask first. Thank you!
Edit add--- Here is the link to the minor waiver form
http://www.scca.com/documents/insurance ... waiver.pdf" onclick="window.open(this.href);return false;
The only gray area having trouble with is the two parent signature. I see guidance online that says both parents have to sign if the minor is in a hot area and if only one parent is signing they have to have proof that they are the sole legal guardian/parent. The problem is, I can't tell what is "official" guidance and what is Solo vs. road racing or if Solo and Road Racing are even different.
So, everything Steve says still holds, but if there is only one parent, we may need to huddle around the rules tonight before he gets out there. To be safe, both parents or have proof of sole custody.
Re: Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 4:54 pm
by Giovanni Jaramillo
Our waiver is on our main Solo2.com site (which directly links to the same one Steve posted) where it says
SCCA Minor Waiver
Re: Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 5:19 pm
by Steve Abbott
Thank you for the detail info. I hate for them to drive 80 miles and get no rides. Waiting to find out if he's coming.
Steve A.
Re: Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 5:37 pm
by Steve Ekstrand
KJ Christopher wrote:Steve Ekstrand wrote:Steve-
The only gray area having trouble with is the two parent signature. I see guidance online that says both parents have to sign if the minor is in a hot area and if only one parent is signing they have to have proof that they are the sole legal guardian/parent. The problem is, I can't tell what is "official" guidance and what is Solo vs. road racing or if Solo and Road Racing are even different.
So, everything Steve says still holds, but if there is only one parent, we may need to huddle around the rules tonight before he gets out there. To be safe, both parents or have proof of sole custody.
Their are three scenarios. One is one surviving parent. We need to see a death certificate. Sole legal custody. We need to see some sort of court order. But both parents willing to sign is much easier. The region just has to have a reasonable basis to judge that the non-attending parent is aware of the inherent risks and knowingly signs the release. One way a region can do that is if a regular long term member we know and trusts vouches as a witness that the other parent did knowingly sign. That member must also be an SCCA member. The reason I said case-by-case is that just being an SCCA member alone is not enough for the region to pass a reasonableness standard. You need to have a member like Steve, that we've known long enough to trust in this limited role as an agent for the region.
In reality, its much easier. Something blows up, an a parent who committed a fraud like forging a signature against the will of another parent or lying about the age of a child is going to pretty much absolve the region of responsibility. We just have to show that we are in no way a party to any fraud and that we didn't look the other way when things obviously smell like fraud.
Re: Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 9:07 pm
by Craig Naylor
Steve Ekstrand wrote:Their are three scenarios....
There is a fourth, and it states this one on the form. Have the non attending parent(s) signature(s) notarized.
There is no notarial wording on the form, CA law requires notarial wording in order for a Notary to notarize the form. The Notary can not tell you what to add, they can share the two types of notarial act, a Jurat and Acknowledgment. Either can be added by the notary to the form with a loose leaf certificate. While as a Notary I can't tell you which one to use (CA Law,practicing law with out a license bla bla bla)...
If I was completing one for my own child, I would have the notary use an Acknowledgment as it's the only one that applies to the situation.
Re: Can a 12yr. old be a passenger?
Posted: Fri May 20, 2011 9:13 pm
by Steve Abbott
The poor kid doesn't stand a chance. I hope they stay home.
Re: Can a 12yr. old be a passenger?
Posted: Sat May 21, 2011 12:09 am
by Steve Ekstrand
Craig Naylor wrote:Steve Ekstrand wrote:Their are three scenarios....
There is a fourth, and it states this one on the form. Have the non attending parent(s) signature(s) notarized.
That is not a fourth scenario. That is a way of handling one of the three scenarios. ;)
Re: Can a 12yr. old be a passenger?
Posted: Sun May 22, 2011 8:22 pm
by Jayson Woodruff
BTW, 12 year old is the minimum age.
Jay W