Report Title:

Driver License Renewal

 

Description:

Allows a person unable to appear in person before the examiner of drivers to apply for renewal of their driver's license by mail. (SD1)

THE SENATE

S.B. NO.

213

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DRIVER LICENSE RENEWAL.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 286-104, Hawaii Revised Statutes, is amended to read as follows:

"§286-104 What persons shall not be licensed. The examiner of drivers shall not issue any license hereunder:

(1) To any person whose license has been suspended by a court of competent jurisdiction during the suspension period; nor to any person whose license has been revoked until the expiration of one year after the date of the revocation, or until the expiration of the period of revocation specified by law, whichever is greater; nor to any person who, while unlicensed, has within two years been convicted of driving under the influence of alcohol or drugs;

(2) To any person who is required by this part to take an examination, unless such person has successfully passed the examination;

(3) To any person who is required under the motor vehicle financial responsibility laws of this State to deposit proof of financial responsibility and who has not deposited such proof;

(4) To any person when the examiner of drivers has good cause to believe that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways[;]; provided that the examiner of drivers shall adopt rules pursuant to chapter 91 necessary for the purposes of this paragraph; or

(5) To any person who is under eighteen years of age; provided that a person who is fifteen years and six months may be granted an instruction permit; and provided further that a person who is sixteen to seventeen years of age may be granted a license upon satisfying the requirements of sections 286-108 and 286-109, which license shall be valid for four years and may be suspended or revoked by a judge having jurisdiction over the holder of the license. Upon revocation of the license, the person shall not be eligible to operate a motor vehicle on the highway until the person is eighteen years of age and has again satisfied the requirements of sections 286-108 and 286-109.

Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129."

SECTION 2. Section 286-107, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) The examiner of drivers may accept an application for a renewal of a driver's license made not more than six months prior to the date of expiration.

If, however, the renewal is not applied for within ninety days after the expiration of the license, the applicant for renewal shall be treated as an applicant for [a new license and examined as provided in section 286-108.] reactivation of an expired license under section 286-107.5."

2. By amending subsection (c) to read:

"(c) Any [resident of this State] person who holds a category (1), (2), or (3) license [and who by reason of the resident's temporary absence from the State] issued under this part who is unable to appear in person before the examiner of drivers to apply for a renewal of [the resident's] the person's driver's license, may, if the [resident] person is not disqualified from renewing the [resident's] license under subsection (a), apply for a renewal by mail. The [resident's] applicant's request to have the [resident's]license renewed by mail must be received by the examiner of drivers within ninety days after the expiration of the [resident's] license[.] or it shall be treated as an application for reactivation of an expired license under section 286-107.5. The examiner of drivers shall upon receipt of the request, furnish the applicant with all necessary forms and instructions. An application for renewal made pursuant to this subsection shall be accompanied by a statement from a licensed physician certifying that the applicant had been examined by the licensed physician not more than six months prior to the expiration date of the applicant's license and that the applicant had been found by such examination to have met the physical requirements established by the state director of transportation for the renewal of licenses. The application for renewal shall also be accompanied by:

(1) A notarized statement of the applicant certifying

[(A) To the fact that the applicant is a resident of this State; and

(B) To] to the fact that the applicant does not possess any valid license to operate the same or similar category or categories of motor vehicles, issued by another licensing authority (unless such license is concurrently surrendered); and

(2) Such other information as may be required by the examiner of drivers which is reasonably necessary to confirm the identity of the applicant and the applicant's fitness to continue to operate a motor vehicle."

3. By amending subsection (e) to read:

"(e) No driver's license shall be renewed, pursuant to rules adopted by the examiner of drivers, unless the examiner of drivers is satisfied of the applicant's fitness to continue to operate a motor vehicle and unless the fee required by subsection (d) is tendered together with the application for renewal."

4. By amending subsection (g) to read:

"(g) No driver's license shall be renewable by mail [for] more than [two consecutive renewals] once after appearing in person before the examiner of drivers whether the license expires, under section 286-106, on the sixth birthday after issuance, on the fourth birthday after issuance, or on the second birthday after issuance; provided that this subsection shall not apply to a resident military person or that person's immediate family if the resident military person resides outside the State on official military orders."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.