REPORT TITLE:
Driver's licenses


DESCRIPTION:
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.
(SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        167
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 2
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, 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
 

 
Page 2                                                     167
                                     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;
 

 
 
 
Page 3                                                     167
                                     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.
 

 
Page 4                                                     167
                                     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.
 

 
 
 
Page 5                                                     167
                                     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
 

 
Page 6                                                     167
                                     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.
 

 
 
 
Page 7                                                     167
                                     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.
 

 
Page 8                                                     167
                                     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
 

 
Page 9                                                     167
                                     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.