For the purposes of this article, unless the context otherwise clearly
indicates, the following terms shall have the meanings indicated:
HIGHWAY
The entire width between boundary lines of every way or place of
whatever nature open to the use of the public as a matter of right for purposes
of vehicular travel, but does not include a road or driveway upon privately
owned land.
RIGHT-OF-WAY
The privilege of the immediate use of the highway or roadway.
ROADWAY
That portion of a highway improved, designed or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a highway
includes two or more separate roadways, the term "roadway" as used herein
shall refer to any such roadway separately, but not to all such roadways collectively.
It shall be unlawful for any parent or other person having legal custody of a juvenile (legal guardian) knowingly to permit, or fail to take responsible measures to prevent the juvenile from repeatedly violating this article. The term "knowingly" includes knowledge that a parent or legal guardian should reasonably be expected to have concerning the activities of juveniles in that parent's/guardian's custody. This requirement is intended to hold a neglectful or careless parent or legal guardian to a responsible community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent or legal guardian was completely indifferent to the activities or conduct of such juvenile. Thus, where any juvenile shall be found guilty by a court of competent jurisdiction of violating this article a third or subsequent time (counting the first offense warning provided for in §
209-9A as a first violation), such parent or legal guardian, as the case may be, shall be charged with knowingly permitting the juvenile's unlawful conduct in violation of this article and shall, upon conviction, pay a penalty of not less than $25 nor more than $100, plus court costs and Victim Compensation Fund Assessment, if applicable.