Ohio BMV 2438 Form: Eligible Adult Affidavit Guide – Ohio Form BMV 2438 is the official Eligible Adult In Loco Parentis Affidavit issued by the Ohio Department of Public Safety and the Ohio Bureau of Motor Vehicles (BMV). It is used under Ohio Revised Code (R.C.) sections 4507.05 and 4507.21. The form allows a parent, guardian, or custodian of a minor Temporary Instruction Permit Identification Card (TIPIC) holder to designate a responsible adult age 21 or older who will act in loco parentis — meaning the adult fulfills parental responsibilities in the absence of the parent, guardian, or custodian — while the minor practices driving.
The current version of the form is BMV 2438 (revised 7/18). It is available as both a PDF and Word document from the official Ohio BMV website. Parents and guardians of teen drivers in Ohio rely on this affidavit when a non-parent adult needs to supervise the permit holder.
Purpose of the Eligible Adult In Loco Parentis Affidavit
Form BMV 2438 serves a specific safety and legal purpose for young drivers. According to the form itself, it is required when a TIPIC holder between 15½ and 16 years old will be accompanied while driving by a responsible adult 21 years of age or older acting in loco parentis.
Ohio law requires strict supervision for temporary permit holders. For drivers under age 16, an “eligible adult” must sit in the front passenger seat. An eligible adult includes a parent, guardian, custodian, approved driving instructor, or a person age 21 or older who acts in loco parentis and holds a valid Ohio driver’s or commercial driver’s license. The BMV 2438 form documents the parent’s or guardian’s authorization of that adult and confirms understanding of the related liability rules.
Ohio BMV guidance also references the notarized BMV 2438 when a licensed driver age 21 or older (other than a parent, guardian, or custodian) accompanies a permit holder age 16 or older during restricted nighttime hours (midnight to 6 a.m.).
Who Needs Form BMV 2438?
This form is typically completed by the parent, guardian, or custodian of a minor who:
- Holds a Temporary Instruction Permit Identification Card (TIPIC)
- Is between 15½ and 16 years old, or needs a designated adult for nighttime driving supervision
- Will be supervised by an adult 21 or older who is not the parent, guardian, or custodian
The parent or guardian who previously co-signed the minor’s TIPIC application is the person who signs Form BMV 2438 under oath. The form names the specific adult who will act in loco parentis and provides that adult’s identifying information.
How to Complete Form BMV 2438?
Completing the form is straightforward. Follow these steps carefully:
- Download the official form from the Ohio BMV or the direct link provided at the end of this article.
- Print the form or open the fillable version if available.
- The parent, guardian, or custodian completes the affidavit statements under oath, confirming:
- They are the parent/guardian/custodian of the minor TIPIC holder (ages 15½–16)
- They understand the minor must be accompanied by a responsible adult 21+ acting in loco parentis
- They co-signed for the minor’s temporary instruction permit
- Fill in the details of the designated adult (see next section).
- The parent, guardian, or custodian signs the form.
- Have the form notarized. The notary section requires the date, county, state, notary signature, seal, and commission expiration date.
Falsifying an affidavit is a serious matter under Ohio law and can result in penalties.
Required Information on the Form
The form collects the following information about the eligible adult who will act in loco parentis:
- Name of Adult
- Street Address, City, State, and ZIP Code
- Adult’s Date of Birth (month, day, year)
- Adult’s Driver License Number
- Adult’s Relationship to the Minor
The signature line is for the parent, guardian, or custodian. The form also includes important notices about financial responsibility and liability under R.C. section 4507.07. There is no imputed liability to the co-signer if the minor under 18 maintains proof of financial responsibility meeting Ohio’s minimum limits ($25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for property damage in any one accident). The co-signer may also surrender the minor’s permit or license to the BMV and request cancellation at any time.
Notarization and Submission Requirements
Form BMV 2438 must be sworn to and subscribed before a notary public. Once notarized, the completed form is typically presented when needed to demonstrate that a designated adult is authorized to accompany the TIPIC holder. Keep a copy for your records. Always verify current submission practices with a local deputy registrar license agency or the official Ohio BMV website, as procedures can be confirmed on-site.
Related Ohio Driving Laws for Teen Drivers
Understanding Form BMV 2438 is easier when viewed alongside Ohio’s graduated driver licensing rules:
- Under age 16: The permit holder must be accompanied by an eligible adult (parent, guardian, custodian, approved instructor, or designated person 21+ acting in loco parentis) occupying the front passenger seat.
- Age 16 and older: Any licensed driver age 21 or older may accompany the permit holder, except between midnight and 6 a.m., when a parent, guardian, custodian, or a licensed driver 21+ named on a notarized BMV 2438 is required.
- The supervising adult must not have a prohibited alcohol concentration.
- All occupants must wear properly adjusted seat belts, and the number of occupants cannot exceed the number of installed restraining devices.
These rules are set out in Ohio Revised Code section 4507.05. For the full current text, visit the official Ohio Revised Code section 4507.05 and section 4507.21.
Additional practice requirements for teens under 21 include 50 hours of supervised driving (at least 10 at night), documented on a separate Fifty-Hour Affidavit (BMV 5791).
Download Ohio Form BMV 2438
Download the official Eligible Adult In Loco Parentis Affidavit directly from the Ohio Department of Public Safety:
Download Ohio Form BMV 2438 (PDF)
You can also find PDF and Word versions listed under Driver License/ID Cards forms on the official Ohio BMV Documents & Fees page.
Always use the most recent official version. Third-party fillable sites may not reflect the current form.
Frequently Asked Questions
Is Form BMV 2438 the same as the 50-hour driving affidavit?
No. BMV 2438 is the Eligible Adult In Loco Parentis Affidavit used to designate a supervising adult. The 50-hour practice requirement uses a different form (BMV 5791).
Does the designated adult need to sign the form?
The form is signed by the parent, guardian, or custodian. The adult’s personal details (name, address, date of birth, license number, and relationship) are entered, and the form is notarized.
Where can I get the form notarized?
Any Ohio notary public can notarize the affidavit. Many banks, libraries, shipping centers, and county offices offer notary services.
What if the parent or guardian wants to cancel the permit later?
Under R.C. 4507.07, the co-signer may surrender the minor’s permit or license to the BMV and request cancellation.
Where can I find more official information?
Visit the Ohio Bureau of Motor Vehicles website or contact a local deputy registrar license agency. For the exact statutory language, consult the current Ohio Revised Code sections linked above.
This guide is based on the official BMV 2438 form and publicly available Ohio Revised Code and BMV resources. Requirements can change; always confirm the latest rules and form version with the Ohio BMV before use.