REPORT TITLE:
Driver's licenses


DESCRIPTION:
Establishes a graduated licensing procedure for persons under the
age of eighteen.  Requires the director of transportation to
establish and certify a statewide driver education program and
behind-the-wheel driver training program.  (HB167 HD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        167
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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 a new section to read as follows:
 
 3      "286-    Driver education and training.  The director of
 
 4 transportation shall establish and certify a statewide driver
 
 5 education program and behind-the-wheel driver training program
 
 6 that shall include the number of course hours, curriculum, and
 
 7 certification of teachers and third-party examiners.  The
 
 8 director of transportation shall also set a cost for the programs
 
 9 to enable the programs to be self-sufficient.  The director of
 
10 transportation shall adopt rules pursuant to chapter 91 necessary
 
11 for the purposes of this section."
 
12      SECTION 2.  Section 286-108, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "286-108  Examination of applicants.(a)  Except as
 
15 provided in section 286-107.5(a), the examiner of drivers shall
 
16 examine every applicant for a driver's license, except as
 
17 otherwise provided in this part. The examination shall include a
 
18 test of:
 

 
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 1      (1)  The applicant's eyesight and any further physical
 
 2           examination as the examiner of drivers finds necessary
 
 3           to determine the applicant's fitness to operate a motor
 
 4           vehicle safely upon the highways;
 
 5      (2)  The applicant's ability to understand highway signs
 
 6           regulating, warning, and directing traffic[;], provided
 
 7           that this requirement shall be substituted at the
 
 8           discretion of the examiner of drivers by the
 
 9           requirements of subsection (b);
 
10      (3)  The applicant's knowledge of rules of the road based on
 
11           the traffic laws of the State and the traffic
 
12           ordinances of the county where the applicant resides or
 
13           intends to operate a motor vehicle[; and], provided
 
14           that this requirement shall be substituted at the
 
15           discretion of the examiner of drivers by the
 
16           requirements of subsection (b); and
 
17      (4)  The actual demonstration of ability to exercise
 
18           ordinary and reasonable control in the operation of a
 
19           motor vehicle[.], provided that this requirement shall
 
20           be substituted at the discretion of the examiner of
 
21           drivers by the requirements of subsection (b).
 

 
 
 
 
 
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 1 The examinations shall be appropriate to the operation of the
 
 2 category of motor vehicle for which the applicant seeks to be
 
 3 licensed and shall be conducted as required by the director.
 
 4      The examiner of drivers may waive the actual demonstration
 
 5 of ability to operate a motorcycle or motor scooter for any
 
 6 person who furnishes evidence, to the satisfaction of the
 
 7 examiner of drivers, that the person has completed the motorcycle
 
 8 education course approved by the director in accordance with
 
 9 section 431:10G-104.
 
10      At the time of examination, an application of voter
 
11 registration by mail shall be made available to every applicant
 
12 for a driver's license.
 
13      For the purposes of this section, the term "applicant" does
 
14 not include any person reactivating a license under section 286-
 
15 107.5(a).
 
16      (b)  The examiner of drivers shall require proof that the
 
17 applicant has completed a behind-the-wheel driver training course
 
18 certified by the director of transportation.
 
19      [(b)](c)  Except as provided in subsection [(c),](d), the
 
20 examiner of drivers shall not examine any applicant for a
 
21 driver's license who is fifteen through seventeen years of age
 
22 unless the applicant holds a valid instruction permit under
 
23 section 286-110, for a period of no fewer than ninety days.
 

 
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 1      [(c)](d)  The examiner of drivers may waive the actual
 
 2 demonstration of ability to operate a motor vehicle for any
 
 3 person who is at least eighteen years of age and who possesses a
 
 4 valid driver's license issued to the applicant in any other state
 
 5 of the United States, the District of Columbia, the Commonwealth
 
 6 of Puerto Rico, American Samoa, Guam, a province of the Dominion
 
 7 of Canada, or the Commonwealth of the Northern Mariana Islands
 
 8 for the operation of vehicles in categories 1 through 3 of
 
 9 section 286-102.
 
10      [(d)](e)  As part of the examination required by this
 
11 section, the applicant for a driver's license shall produce and
 
12 display a valid motor vehicle or liability insurance
 
13 identification card for the motor vehicle required by sections
 
14 431:10C-107 and 431:10G-106, when the applicant demonstrates the
 
15 ability to operate a motor vehicle to the satisfaction of the
 
16 examiner of drivers.  If no valid motor vehicle or liability
 
17 insurance identification card is displayed, the examiner of
 
18 drivers shall not issue a driver's license to the applicant."
 
19      SECTION 3.  Section 286-110, Hawaii Revised Statutes, is
 
20 amended by amending subsection (b) to read as follows:
 
21      "(b) The examiner of drivers shall examine every applicant
 
22 for an instruction permit.  Prior to examination, the examiner of
 
23 drivers shall be provided with proof that the applicant has
 

 
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 1 completed a driver education course certified by the director of
 
 2 transportation.  The examination shall include tests of the
 
 3 applicant's[:
 
 4      (1)  Eyesight] eyesight and other physical or mental
 
 5           capabilities to determine if the applicant is capable
 
 6           of operating a motor vehicle[;
 
 7      (2)  Understanding of highway regulations, warning, and
 
 8           directing traffic; and
 
 9      (3)  Knowledge of the traffic laws, ordinances, or
 
10           regulations of the State and the county where the
 
11           applicant resides or intends to operate a motor
 
12           vehicle]."
 
13      SECTION 4.  Section 286-124, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "286-124  Mandatory revocation of license by a court.  (a)
 
16 Any court of competent jurisdiction shall forthwith revoke the
 
17 license of any driver upon a conviction of the driver of
 
18 manslaughter resulting from the operation of a motor vehicle.
 
19      (b)  Notwithstanding section 286-104 to the contrary, a
 
20 court of competent jurisdiction shall revoke the license of any
 
21 driver who is under the age of eighteen at the time of the
 
22 offense and has been convicted of or been found to have
 
23 committed, whether by adjudication or default, a violation of
 

 
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 1 this part or any traffic law or regulation of the State or any
 
 2 political subdivision thereof relating to traffic movement and
 
 3 control, including all traffic infractions as defined in section
 
 4 291D-2, with the exception of parking, standing, and equipment
 
 5 offenses and offenses by pedestrians, for the following periods:
 
 6      (1)  Six months for the first offense, or the revocation
 
 7           period specified for the offense, whichever is greater;
 
 8           and
 
 9      (2)  One year for the second or subsequent offense or the
 
10           revocation period specified for the offense, whichever
 
11           is greater.
 
12 At the conclusion of the revocation, the driver shall comply with
 
13 all requirements of part VI of chapter 286, to be issued a
 
14 driver's license."
 
15      SECTION 5.  Section 291D-5, Hawaii Revised Statutes, is
 
16 amended by amending subsection (b) to read as follows:
 
17      "(b)  The form for the notice of traffic infraction shall be
 
18 prescribed by rules of the district court which shall be uniform
 
19 throughout the State.  Except in the case of traffic infractions
 
20 involving parking, the notice shall include the following:
 
21      (1)  A statement of the specific traffic infraction,
 
22           including a brief statement of facts, for which the
 
23           notice was issued;
 

 
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 1      (2)  A statement of the monetary assessment, established for
 
 2           the particular traffic infraction pursuant to section
 
 3           291D-9, to be paid by the driver which shall be uniform
 
 4           throughout the State;
 
 5      (3)  A statement of the options provided in section
 
 6           291D-6(b) for answering the notice and the procedures
 
 7           necessary to exercise the options;
 
 8      (4)  A statement that the person to whom the notice is
 
 9           issued must answer, choosing one of the options
 
10           specified in section 291D-6(b), within fifteen days;
 
11      (5)  A statement that failure to answer the notice of
 
12           traffic infraction within fifteen days shall result in
 
13           the entry of judgment by default for the State and a
 
14           late penalty assessed and, if the driver fails to pay
 
15           the monetary assessment within an additional thirty
 
16           days or otherwise take action to set aside the default,
 
17           notice to the director of finance of the appropriate
 
18           county that the person to whom the notice was issued
 
19           shall not be permitted to renew or obtain a driver's
 
20           license or, where the notice was issued to a motor
 
21           vehicle, the registered owner will not be permitted to
 
22           register, renew the registration of, or transfer title
 
23           to the motor vehicle until the traffic infraction is
 
24           finally disposed of pursuant to this chapter;
 

 
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 1      (6)  A statement that, at a hearing to contest the notice of
 
 2           traffic infraction conducted pursuant to section 291D-8
 
 3           or in consideration of a written statement contesting
 
 4           the notice of traffic infraction, no officer [will]
 
 5           shall be present unless the driver timely requests the
 
 6           court to have the officer present.  The standard of
 
 7           proof to be applied by the court is whether a
 
 8           preponderance of the evidence proves that the specified
 
 9           traffic infraction was committed;
 
10      (7)  A statement that, at a hearing requested for the
 
11           purpose of explaining mitigating circumstances
 
12           surrounding the commission of the infraction or in
 
13           consideration of a written request for mitigation, the
 
14           person will be considered to have committed the traffic
 
15           infraction;
 
16      (8)  A statement that a driver who is under the age of
 
17           eighteen and has been found to have committed, whether
 
18           by adjudication or default, a traffic infraction, with
 
19           the exception of parking, standing, and equipment
 
20           offenses, and offenses by pedestrians, shall have the
 
21           driver's license revoked pursuant to section 286-
 
22           124(b);
 

 
 
 
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 1     [(8)] (9)  A space in which the driver's signature, current
 
 2           address, and driver's license number may be affixed;
 
 3           and
 
 4     [(9)] (10)  The date, time, and place at which the driver
 
 5           must appear in court if the driver chooses to go to
 
 6           hearing."
 
 7     SECTION 6.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9     SECTION 7.  This Act shall take effect upon its approval.