REPORT TITLE:
Driver's licenses


DESCRIPTION:
Establishes a graduated licensing procedure for persons under 17.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            167         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR VEHICLE DRIVER LICENSING.



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

 1      SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended
 
 2 by adding two new sections to be appropriately designated and to
 
 3 read as follows:
 
 4      "286-    Learner's permit for persons at least fifteen
 
 5 years of age.  (a)  A person who is at least fifteen years of age
 
 6 may be granted a learner's permit if the person passes an
 
 7 examination given by the examiner of drivers to test the
 
 8 person's:
 
 9      (1) Eyesight and other physical and mental capabilities to
 
10          determine if the person is capable of operating a motor
 
11          vehicle;
 
12      (2) Understanding of highway signs regulating, warning, and
 
13          directing traffic; and
 
14      (3) Knowledge of the traffic laws, ordinances, and
 
15          regulations of the State and the county where the person
 
16          resides or intends to operate a motor vehicle.
 
17 If the examiner of drivers is satisfied that the person is
 
18 qualified to receive a learner's permit, the examiner of drivers
 
19 shall issue a learner's permit pursuant to this section and in
 
20 accordance with the provisions of this chapter.
 

 
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 1      (b)  The learner's permit shall entitle the person, while
 
 2 having the permit in the person's immediate possession, to drive
 
 3 a motor vehicle on the highways for a period of two hundred
 
 4 seventy days.  The person who is granted a learner's permit shall
 
 5 comply with the following:
 
 6      (1)  A person, who is at least twenty-one years of age and
 
 7           who is licensed to operate the category of motor
 
 8           vehicles in which the motor vehicle that is being
 
 9           operated belongs, shall be in the motor vehicle with
 
10           the person at all times when the person is driving; and
 
11      (2)  All occupants of the motor vehicle shall wear safety
 
12           belts when the person is driving.
 
13      (c)  If a person who has been granted a learner's permit:
 
14      (1)  Fails to meet the requirements found in subsection (b);
 
15      (2)  Is involved in a motor vehicle accident as a result of
 
16           the operation of a motor vehicle; or
 
17      (3)  Is convicted of an offense governing the operation of a
 
18           motor vehicle;
 
19 the learner's permit may be suspended or revoked by a judge
 
20 having jurisdiction over the person.  Upon suspension or
 
21 revocation of the learner's permit, the person shall not be
 
22 eligible to operate a motor vehicle on the highway by renewal or
 
23 issuance of a new learner's permit or, if otherwise eligible,
 

 
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 1 issuance of an intermediate license in accordance with section
 
 2 286-  , for a minimum period of six months, until the person is
 
 3 sixteen years of age, or until the date of reinstatement of the
 
 4 suspended or revoked learner's permit pursuant to court order or
 
 5 section 286-104, whichever is longer.
 
 6      (d)  The learner's permit may be renewed; provided that none
 
 7 of the provisions set forth in subsection (c)(1), (2), or (3)
 
 8 have occurred during the duration of the permit.
 
 9      286-     Intermediate license for persons at least fifteen
 
10 and a half years of age.  (a)  A person who is at least fifteen
 
11 and a half years of age may be granted an intermediate license if
 
12 the person has been issued and has retained a valid learner's
 
13 permit for a period of at least six months and no proceeding that
 
14 might result in the suspension or revocation of the learner's
 
15 permit is pending.
 
16      (b)  The intermediate license shall entitle the person,
 
17 while having the license in the person's immediate possession, to
 
18 drive a motor vehicle upon the highways for a period of at least
 
19 eighteen months.  The person granted an intermediate license
 
20 shall comply with the following:
 
21      (1)  A person, who is at least twenty-one years of age and
 
22           who is licensed to operate the category of motor
 
23           vehicles in which the motor vehicle that is being
 

 
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 1           operated belongs, shall be in the motor vehicle with
 
 2           the person whenever the driver is driving between
 
 3           eleven o'clock p.m. and five o'clock a.m.; and
 
 4      (2)  All occupants of the motor vehicle shall wear safety
 
 5           belts when the person is driving.
 
 6      (c)  If a person who has been granted an intermediate
 
 7 license:
 
 8      (1)  Fails to meet the requirements found in subsection (b);
 
 9      (2)  Is involved in a motor vehicle accident as a result of
 
10           the operation of a motor vehicle; or
 
11      (3)  Is convicted for an offense governing the operation of
 
12           a motor vehicle;
 
13 the intermediate license may be suspended or revoked by a judge
 
14 having jurisdiction over the person.  Upon suspension or
 
15 revocation of the intermediate license, the person shall not be
 
16 eligible to operate a motor vehicle on the highway through either
 
17 reissuance of an intermediate license or issuance of a driver's
 
18 license until the person is seventeen years of age, six months
 
19 have elapsed since the date of suspension of the intermediate
 
20 license, or until the date of reinstatement of the suspended or
 
21 revoked intermediate license pursuant to court order or section
 
22 286-104, whichever is later, and has otherwise satisfied the
 
23 requirements of this chapter."
 

 
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 1      SECTION 2.  Section 286-102, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  No person, except [one]:
 
 4      (1)  One exempted under section 286-105[, one];
 
 5      (2)  One who holds an instruction permit under section
 
 6           286-110[, one];
 
 7      (3)  One who holds a learner's permit under section 286-  
 
 8           or an intermediate license under section 286-   ; and
 
 9      (4)  One who holds a commercial driver's license issued
 
10           under section 286-239, or a commercial driver's license
 
11           instruction permit issued under section 286-236[,];
 
12 shall operate any category of motor vehicles listed in this
 
13 section without first being appropriately examined and duly
 
14 licensed as a qualified driver of that category of motor
 
15 vehicles."
 
16      SECTION 3.  Section 286-104, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "286-104  What persons shall not be licensed.  [The]
 
19 Notwithstanding any other provision of this chapter, the examiner
 
20 of drivers shall not issue any driver's license hereunder:
 
21      (1)  To any person whose license has been suspended by a
 
22           court of competent jurisdiction during the suspension
 
23           period; nor to any person whose license has been
 

 
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 1           revoked until the expiration of one year after the date
 
 2           of the revocation, or until the expiration of the
 
 3           period of revocation specified by law, whichever is
 
 4           greater; nor to any person who, while unlicensed, has
 
 5           within two years been convicted of driving under the
 
 6           influence of alcohol or drugs;
 
 7      (2)  To any person who is required by this part to take an
 
 8           examination, unless such person has successfully passed
 
 9           the examination;
 
10      (3)  To any person who is required under the motor vehicle
 
11           financial responsibility laws of this State to deposit
 
12           proof of financial responsibility and who has not
 
13           deposited such proof;
 
14      (4)  To any person when the examiner of drivers has good
 
15           cause to believe that such person by reason of physical
 
16           or mental disability would not be able to operate a
 
17           motor vehicle with safety upon the highways; or
 
18      (5)  To any person who is under eighteen years of age;
 
19           provided that a person who is at least fifteen [to
 
20           seventeen] years of age may be granted a [license upon
 
21           satisfying the requirements of sections 286-108 and
 
22           286-109, which license shall be valid for four years
 
23           and may be suspended or revoked by a judge having
 

 
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 1           jurisdiction over the holder of the license.  Upon
 
 2           revocation of the license, the person shall not be
 
 3           eligible to operate a motor vehicle on the highway
 
 4           until the person is eighteen years of age and has again
 
 5           satisfied the requirements of sections 286-108 and
 
 6           286-109;] learner's permit pursuant to section 286-   ,
 
 7           and a person who is at least fifteen and a half years
 
 8           of age may be granted an intermediate license pursuant
 
 9           to section 286-   ."
 
10 Any person denied a license under this or any other section of
 
11 this part shall have a right of appeal as provided in section 86-
 
12 129."
 
13      SECTION 4.  Section 286-109, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "286-109  General provision governing the issuance of
 
16 licenses.  Upon payment of the required fee and upon
 
17 demonstrating the ability to operate a certain category or
 
18 categories of motor vehicles to the satisfaction of the examiner
 
19 of drivers, an applicant for a driver's license shall be issued a
 
20 single license of a design approved by the director of
 
21 transportation upon which is made a notation of the category or
 
22 categories of motor vehicles the applicant may operate, any
 
23 restrictive provisions to which the license is subject, and,
 

 
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 1 where the license is issued to a person under twenty-one years of
 
 2 age, a statement, in clearly legible print that shall contrast
 
 3 with the other information appearing on the license, which
 
 4 indicates the date on which the person will attain the age of
 
 5 twenty-one years.
 
 6      Statutes of limitations and other provisions of this chapter
 
 7 notwithstanding, no learner's permit, intermediate license,
 
 8 driver's license, or instruction permit shall be issued or
 
 9 renewed under this section, where the examiner of drivers is
 
10 notified by the district judge, traffic violations bureaus of the
 
11 district courts, or the judge of the circuit court that the
 
12 applicant has failed to respond to a traffic citation or summons
 
13 for the violation of any traffic laws of a county, this chapter
 
14 or [chapters] chapter 286G, 287, 290, 291, or 291C, and the same
 
15 remains delinquent and outstanding, or the applicant, having
 
16 timely responded initially, has as of the time of the
 
17 application, failed to comply in full with all orders of the
 
18 court."
 
19      SECTION 5.  Section 286-111, Hawaii Revised Statutes, is
 
20 amended by amending its title and subsection (a) to read as
 
21 follows:
 

 
 
 
 
 
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 1      "286-111  Application for license or [instruction] permit;
 
 2 fees.(a)  Every application for a learner's permit, an
 
 3 intermediate license, an instruction permit, or [for] a driver's
 
 4 license shall be made upon a form furnished by the examiner of
 
 5 drivers and shall be verified by the applicant before a person
 
 6 authorized to administer oaths.  The examiner of drivers and
 
 7 officers serving under the examiner are hereby authorized to
 
 8 administer such oaths without charge.  Each application for a
 
 9 learner's permit, an intermediate license, or an instruction
 
10 permit for a category (1), (2), (3), or (4) license shall be
 
11 accompanied by a fee to be determined by the council of each
 
12 county and each application for a driver's license shall be
 
13 accompanied by the fee, unless the applicant has already paid the
 
14 fee upon application for an intermediate license or an
 
15 instruction permit in the same county, in which event no fee
 
16 shall be chargeable.  An additional fee to be determined by the
 
17 council of each county shall be charged and collected upon the
 
18 issuance of a driver's license.  All the foregoing fees shall
 
19 become county realizations."
 
20      SECTION 6.  Section 286-112, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 
22      "(a)  The application of any person under the age of
 
23 eighteen years for [an instruction permit or] a learner's permit,
 

 
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 1 an intermediate license, or a driver's license shall be signed
 
 2 and verified before a person authorized to administer oaths by
 
 3 the appropriate one of the following:
 
 4      (1)  If both the father and mother of the applicant have
 
 5           custody of the applicant, by both the father and mother
 
 6           of the applicant; [or]
 
 7      (2)  If only one parent has custody of the applicant, by the
 
 8           custodial parent; [or]
 
 9      (3)  If neither parent has custody of the applicant, and the
 
10           applicant has a custodial guardian or has custodial
 
11           guardians, by the custodial guardian or by all the
 
12           custodial guardians; or
 
13      (4)  If neither parent has custody of the applicant, and the
 
14           applicant has no custodial guardian, by an employer of
 
15           the applicant or by any responsible person who is
 
16           willing to assume the obligation imposed under this
 
17           part upon a person signing the application of a minor."
 
18      SECTION 7.  Section 286-113, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "286-113  Release from liability.  Any person who has
 
21 signed the application of a minor for an instruction permit, [or]
 
22 a learner's permit, an intermediate license, or a driver's
 
23 license may file with the examiner of drivers a verified written
 

 
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 1 request that the permit or license of the minor be canceled,
 
 2 together with the permit or license issued.  Upon receipt of the
 
 3 request, the examiner of drivers shall cancel the permit or
 
 4 license of the minor and the person who has signed the
 
 5 application of the minor shall be relieved from the liability
 
 6 imposed under this part on account of any subsequent negligence
 
 7 or [willful] wilful misconduct of the minor in operating a motor
 
 8 vehicle.  Nothing herein shall be construed to limit the
 
 9 liability of parents for the torts of their child as provided in
 
10 chapter 577."
 
11      SECTION 8.  Section 286-114, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "286-114  Revocation of license or [instruction] permit
 
14 upon death of person signing minor's application.  The examiner
 
15 of drivers upon receipt of satisfactory evidence of the death of
 
16 a person who signed the application of a minor for an instruction
 
17 permit, a learner's permit, an intermediate license, or a
 
18 driver's license shall cancel the permit or license and shall not
 
19 issue a new permit or license until such time as a new
 
20 application duly signed and verified shall be made as required by
 
21 this part.  Upon cancelling the permit or license, the examiner
 
22 of drivers shall notify the minor to surrender the permit or
 
23 license.  If the death occurs after the minor has reached
 
24 majority, this section shall not apply."
 

 
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 1      SECTION 9.  Section 286-117, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "286-117  Duplicate permits and licenses.  The holder of a
 
 4 learner's permit, an intermediate license, an instruction permit,
 
 5 or a driver's license may, upon payment of the reasonable cost of
 
 6 its issuance, obtain a duplicate; provided that the holder shall
 
 7 surrender the original permit or license or furnish satisfactory
 
 8 proof of loss or destruction of the same.
 
 9      The chief of police or a police officer shall notify a
 
10 holder that the holder's permit or license is illegible and that
 
11 the holder shall within ten days surrender the holder's license
 
12 and apply for a duplicate.  Upon failure to comply with a notice
 
13 to surrender an illegible license and apply for a duplicate, the
 
14 person to whom the permit or license is issued shall be subject
 
15 to the punishment in section 286-136."
 
16      SECTION 10.  Section 286-251, Hawaii Revised Statutes, is
 
17 amended by amending the definition of "license" to read:
 
18      ""License" means any driver's license or any other license
 
19 or permit to operate a motor vehicle issued under, or granted by,
 
20 the laws of this State and includes:
 
21      (1)  Any learner's permit, intermediate license, or
 
22           instruction permit;
 

 
 
 
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 1      (2)  The privilege of any person to drive a motor vehicle
 
 2           regardless of whether the person holds a valid license;
 
 3      (3)  Any nonresident's operating privilege; and
 
 4      (4)  The eligibility, including future eligibility, of any
 
 5           person to apply for the privilege to drive a motor
 
 6           vehicle."
 
 7      SECTION 11.  Section 291C-194, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (b) to read as follows:
 
 9      "(b)  The driver of a moped shall, upon the demand of a
 
10 police officer, exhibit the [driver's] person's driver's license,
 
11 learner's permit, intermediate license, or instruction permit."
 
12      SECTION 12.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 13.  This Act shall take effect on January 1, 2000.
 
15 
 
16                           INTRODUCED BY:  _______________________
 
17 ___________________________           ___________________________
 
18 ___________________________           ___________________________
 
19 ___________________________           ___________________________
 
20 ___________________________           ___________________________
 
21 ___________________________           ___________________________
 

 
 
 
 
 
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