286-102 Licensing. (a) No person, except one:

(1) Exempted under section 286‑105;

(2) Who holds an instruction permit under section 286‑110;

(3) Who holds a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit under section 286-104.5;

(4) Who holds a provisional license under section 286‑102.6;

(5) Who holds a commercial driver's license issued under section 286‑239; or

(6) Who holds a commercial driver's license instruction permit issued under section 286‑236,

shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles.

(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers:

(1) Mopeds;

(2) Motorcycles and motor scooters;

(3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and vans having a gross vehicle weight rating of eighteen thousand pounds or less; and

(4) All of the motor vehicles in category (3) and any vehicle that is not a commercial motor vehicle.

A school bus or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181.

(c) No person shall receive a driver's license without surrendering to the examiner of drivers all valid driver's licenses and all valid identification cards in the person's possession. All licenses and identification cards so surrendered shall be shredded; provided that with the exception of driver's licenses issued by any Canadian province, a foreign driver's license may be returned to the owner after being invalidated pursuant to issuance of a Hawaii license; provided further that the examiner of drivers shall notify the authority that issued the foreign license that the license has been invalidated and returned because the owner is now licensed in this State; and provided further that all commercial driver's licenses that are surrendered shall be shredded. No person shall be permitted to hold more than one valid driver's license at any time.

(d) Before issuing a driver's license, the examiner of drivers shall complete a check of the applicant's driving record to determine whether the applicant is subject to any disqualification under section 286-240, or any license suspension, revocation, or cancellation, and whether the applicant has a driver's license from more than one state or jurisdiction. The record check shall include but is not limited to the following:

(1) A check of the applicant's driving record as maintained by the applicant's state or jurisdiction of licensure;

(2) A check with the commercial driver license information system;

(3) A check with the National Driver Register; and

(4) If the driver is renewing a commercial driver's license for the first time after September 30, 2002, a request for the applicant's complete driving record from all states where the applicant was previously licensed to drive any motor vehicle over the last ten years; provided that a notation is made on the driving record confirming the check has been made and the date it was done.

(e) Notwithstanding sections 291E-61.6 and [291E-44.5], in addition to other qualifications and conditions by or pursuant to this part, the right of an individual to hold a motor vehicle operator's license or permit issued by the county is subject to the requirements of section 576D-13.

Upon receipt of certification from the child support enforcement agency pursuant to section 576D-13 that an obligor or individual who owns or operates a motor vehicle is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, the examiner of drivers shall suspend the license and right to operate motor vehicles and confiscate the license of the obligor. The examiner of drivers shall not reinstate an obligor's or individual's license until the child support enforcement agency, the office of child support hearings, or the family court issues an authorization that states the obligor or individual is in compliance with an order of support or has complied with a subpoena or warrant relating to a paternity or child support hearing.

The licensing authority may adopt rules pursuant to chapter 91 to implement and enforce the requirements of this section. [L 1967, c 214, pt of 2; HRS 286-102; am L 1970, c 164, 1(1) and 3; am L 1971, c 127, 1; am L 1972, c 2, pt of 6; am L 1973, c 152, 1(b) and c 214, 1; am L 1974, c 80, 1; am L 1976, c 5, 1 and c 53, 1; am L 1979, c 85, 1; am L 1984, c 169, 1; gen ch 1985; am L 1989, c 320, 4; am L 1990, c 342, 18; am L 1991, c 67, 1; am L 1992, c 76, 1; am L 1997, c 54, 1 and c 293, 12; am L 1999, c 261, 2; am L 2002, c 37, 1; am L 2004, c 103, 2; am L 2005, c 72, 2, 15; am L 2010, c 16, 1 and c 85, 2; am L 2012, c 10, 1, c 310, 7, and c 327, 5; am L 2013, c 114, 2; am L 2015, c 131, 3 and c 172, 3]

 

Cross References

 

Reciprocal licensing privileges, see 286-101.5.

 

Attorney General Opinions

 

Nonresident serviceman with home-state license must comply with section and is not exempted therefrom by the Soldier's and Sailor's Civil Relief Act. Att. Gen. Op. 68-24.

Person already qualified for each type of vehicle in applicable category need not take additional exam for categories 8 to 10. Renewal of category 7 license does not automatically qualify one for category 10 license. Att. Gen. Op. 75-24.

 

Case Notes

 

Magistrate did not improperly use prior uncounseled misdemeanor convictions in sentencing defendants for conviction of operating car without driver's license in violation of Assimilative Crimes Act. 957 F.2d 714.

Statute applied to defendant, where defendant argued that traffic statutes involved only applied to businesses and state vehicles; statute did not violate defendant's freedom of movement. 77 H. 222 (App.), 883 P.2d 644.

Driving without license under this section not lesser included offense of driving while license suspended under 286-132. 81 H. 76 (App.), 912 P.2d 573.

Trial court erred when it limited the applicability of this section only to persons operating motor vehicles on public highways; section also applied to defendant who was operating a vehicle in the parking lot of a private hotel. 94 H. 354 (App.), 14 P.3d 364.

Charges against defendant for accidents involving bodily injury and driving without a license were insufficient for failing to allege a mens rea and, therefore, were subject to dismissal without prejudice. 134 H. 465 (App.), 342 P.3d 884 (2015).

Where exhibit, which was improperly admitted in evidence, was the only evidence offered by the State to prove the essential element that defendant did not have a valid driver's license on the date that defendant was charged with committing the driving without a license offense, there was insufficient evidence to support the conviction; conviction reversed. 134 H. 465 (App.), 342 P.3d 884 (2015).

 

 

Previous Vol05_Ch0261-0319 Next