Driver's licenses

Sets a driving curfew for minors; requires proof of behind-the-
wheel driving training for minor driver's license applicants;
raises minimum age for driver's license and permit applicants.

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 286, part VI, Hawaii Revised Statutes,
 2 is amended by adding a new section to be appropriately designated
 3 and to read as follows:
 4      "286-    Driving curfew for minors.  All drivers under the
 5 age of eighteen, including drivers of mopeds, motorcycles, and
 6 motor scooters, may operate a motor vehicle between the hours of
 7 12 a.m. and 4 a.m. only when:
 8      (1)  Accompanied by a licensed driver aged eighteen or over;
 9      (2)  Operation of a vehicle by a minor during the curfew
10           period is necessary for employment purposes and
11           transportation facilities are unavailable; provided
12           that the person shall keep in the person's possession a
13           signed statement from the employer, verifying
14           employment;
15      (3)  The person's school attendance or school authorized
16           activities necessitate operation of a motor vehicle
17           during the curfew period and reasonable transportation
18           facilities are unavailable; provided that the person
19           shall keep in the person's possession a signed

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                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1           statement from a parent or legal guardian verifying the
 2           necessity;
 3      (4)  The person is an emancipated minor; or
 4      (5)  The person is driving because of an emergency.
 5 The signed statement must be carried by the driver when driving
 6 during curfew hours.  Violation of this section shall be
 7 considered a moving traffic infraction as defined in section
 8 291D-2 and violators shall be penalized in accordance with
 9 section 286-124."
10      SECTION 2.  Section 286-104, Hawaii Revised Statutes, is
11 amended to read as follows:
12      286-104  What persons shall not be licensed.  The examiner
13 of drivers shall not issue any license hereunder:
14      (1)  To any person whose license has been suspended by a
15           court of competent jurisdiction during the suspension
16           period; nor to any person whose license has been
17           revoked until the expiration of one year after the date
18           of the revocation, or until the expiration of the
19           period of revocation specified by law, whichever is
20           greater; nor to any person who, while unlicensed, has
21           within two years been convicted of driving under the
22           influence of alcohol or drugs;

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                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1      (2)  To any person who is required by this part to take an
 2           examination, unless such person has successfully passed
 3           the examination;
 4      (3)  To any person who is required under the motor vehicle
 5           financial responsibility laws of this State to deposit
 6           proof of financial responsibility and who has not
 7           deposited such proof;
 8      (4)  To any person when the examiner of drivers has good
 9           cause to believe that such person by reason of physical
10           or mental disability would not be able to operate a
11           motor vehicle with safety upon the highways; or
12      (5)  To any person who is under eighteen years of age;
13           provided that a person who is fifteen years and six
14           months may be granted an instruction permit; and
15           provided further that a person who is sixteen to
16           seventeen years of age may be granted a license upon
17           satisfying the requirements of sections 286-108 and
18           286-109, which license shall be valid for four years
19           and may be suspended or revoked by a judge having
20           jurisdiction over the holder of the license.  Upon
21           revocation of the license, the person shall not be
22           eligible to operate a motor vehicle on the highway
23           until the person is eighteen years of age and has again
24           satisfied the requirements of sections 286-108 and
25           286-109.

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                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1      Any person denied a license under this or any other section
 2 of this part shall have a right of appeal as provided in section
 3 286-129."
 4      SECTION 3.  Section 286-108, Hawaii Revised Statutes, is
 5 amended by amending subsection (a) and (b) to read as follows:
 6      "(a)  Except as provided in section 286-107.5(a), the
 7 examiner of drivers shall examine every applicant for a driver's
 8 license, except as otherwise provided in this part.  The
 9 examination shall include a test of:
10      (1)  The applicant's eyesight and any further physical
11           examination [as] that the examiner of drivers finds
12           necessary to determine the applicant's fitness to
13           operate a motor vehicle safely upon the highways;
14      (2)  The applicant's ability to understand highway signs
15           regulating, warning, and directing traffic;
16      (3)  The applicant's knowledge of the rules of the road
17           based on the traffic laws of the State and the traffic
18           ordinances of the county where the applicant resides or
19           intends to operate a motor vehicle; and
20      (4)  The actual demonstration of ability to exercise
21           ordinary and reasonable control in the operation of a
22           motor vehicle.

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                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 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 for 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
15 286-107.5(a).
16      (b)  [Except as provided in subsection (c), the] The
17 examiner of drivers shall require proof from every applicant
18 under the age of eighteen that the applicant has completed a
19 behind-the-wheel driver training course certified by the director
20 of transportation, and requiring a minimum of 10 hours of behind
21 the wheel training and a minimum of 30 hours of classroom
22 training.  The examiner of drivers shall not examine any
23 applicant for a driver's license who is [fifteen] sixteen through
24 seventeen years of age unless the applicant holds a valid

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                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1 instruction permit under section 286-110, for a period of no
 2 fewer than ninety days."
 3      SECTION 4.  Section 286-110, Revised Statutes, is amended to
 4 read as follows:
 5      "286-110  Instruction permits.(a)  Any person aged
 6 fifteen years and six months or more who, except for the person's
 7 lack of instruction in operating a motor vehicle, would be
 8 qualified to obtain a driver's license issued under this part may
 9 apply for a temporary instruction permit at the office of the
10 examiner of drivers in the county in which the applicant resides.
11      (b)  The examiner of drivers shall examine every applicant
12 for an instruction permit.  The examination shall include tests
13 of the applicant's:
14      (1)  Eyesight and other physical or mental capabilities to
15           determine if the applicant is capable of operating a
16           motor vehicle;
17      (2)  Understanding of highway signs regulating, warning, and
18           directing traffic; and
19      (3)  Knowledge of the traffic laws, ordinances, or
20           regulations of the State and the county where the
21           applicant resides or intends to operate a motor
22           vehicle.

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                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1      (c)  If the examiner of drivers is satisfied that the
 2 applicant is qualified to receive an instruction permit, the
 3 examiner of drivers shall issue the permit entitling the
 4 applicant, while having the permit in the applicant's immediate
 5 possession, to drive a motor vehicle upon the highways for a
 6 period of one hundred eighty days; provided that an applicant who
 7 is registered in a driver training course shall be issued a
 8 temporary instruction permit for the duration of the course and
 9 the termination date of the course shall be entered on the
10 permit.  A person who is not licensed to operate the category of
11 motor vehicles to which the driving training course applies shall
12 not operate a motor vehicle in connection with the driving
13 training course without a valid temporary instruction permit.
14      (d)  Except when operating a motor scooter or motorcycle,
15 the holder of a temporary instruction permit shall be accompanied
16 by a person who is eighteen years of age or older and licensed to
17 operate the category of motor vehicles in which the motor vehicle
18 which is being operated belongs.  The licensed person shall
19 occupy a seat as near the permit holder as is practical while the
20 motor vehicle is being so operated.
21      (e)  No holder of a temporary instruction permit shall
22 operate a motorcycle or a motor scooter during hours of darkness
23 or carry any passengers.

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                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1      (f)  No holder of a temporary instruction permit for the
 2 operation of a motorcycle or motor scooter shall have the permit
 3 renewed more than once, nor shall the holder be issued another
 4 temporary instruction permit for the same purpose, unless the
 5 holder has taken the examination for a motorcycle or motor
 6 scooter license at least once prior to the expiration of the
 7 second temporary instruction permit and at least once prior to
 8 the expiration of each subsequent temporary instruction permit
 9 issued thereafter.  If the holder of a temporary instruction
10 permit fails to meet the requirements of this section, the holder
11 shall not be permitted to apply for another temporary instruction
12 permit for a motor scooter or motorcycle for a period of three
13 months.  Nothing in this subsection shall affect the rights and
14 privileges of any holder of a temporary instruction permit for
15 the operation of a motorcycle or motor scooter from obtaining a
16 temporary instruction permit or driver's license for the
17 operation of any other type of motor vehicle."
18      SECTION 5.  The director of transportation is directed to
19 establish and certify a statewide driver education program and
20 behind-the-wheel driver training program, to include the number
21 of course hours, curriculum, and certification of teachers and
22 third-party examiners.  The director of transportation is also
23 directed to set a cost for the programs to enable the programs to

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                                     H.B. NO.           H.D. 3
                                                        S.D. 2

 1 be self-sufficient.  The director of transportation shall adopt
 2 rules pursuant to chapter 91, Hawaii Revised Statutes, necessary
 3 for the purposes of this part.
 4      SECTION 6.  Statutory material to be repealed is bracketed.
 5 New statutory material is underscored.
 6      SECTION 7.  This Act shall take effect on January 1, 2001.