Driving; Expired License

Makes driving with an expired license a violation, but a lesser
one than driving without ever having obtained a driver's license.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT


 1      SECTION 1.  Section 286-106, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "286-106  Expiration of licenses[.]; operating a motor
 4 vehicle with an expired license; penalty.  (a)  Every driver's
 5 license issued under this part, whether an original issuance or a
 6 renewal, shall expire on the first birthday of the licensee
 7 occurring not less than six years after the date of the issuance
 8 of the license, unless sooner revoked or suspended; provided that
 9 the license shall expire on the first birthday of the licensee
10 occurring not less than four years after the date of issuance of
11 the license if the licensee is fifteen to seventeen years of age
12 and two years after the date of the issuance of the license if at
13 that time the licensee:
14      (1)  Is seventy-two years of age or older; or
15      (2)  Exhibits a physical condition or conditions which the
16           examiner of drivers reasonably believes has impaired
17           the driver's ability to drive, unless the licensee:
18           (A)  Obtains a certificate from a licensed physician
19                that the licensee's physical condition or

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                                     H.B. NO.           

 1                conditions do not impair the licensee's ability to
 2                drive; or
 3           (B)  Is able to correct the physical impairment, or by
 4                using a vehicle adapted to overcome the physical
 5                impairment is to the satisfaction of the examiner
 6                of drivers able to drive safely.
 7      (b)  No person whose driver's license has expired under
 8 subsection (a) shall operate any motor vehicle for which the
 9 person held a previously unexpired license.  Operating a motor
10 vehicle with an expired driver's license shall be a violation of
11 this section and shall be subject to the penalty in section
12 286-136.  A violation of this subsection shall be a lesser
13 violation than a violation of section 286-102 whereby a person
14 operates a motor vehicle without ever having obtained a driver's
15 license."
16      SECTION 2.  Section 286-136, Hawaii Revised Statutes, is
17 amended by amending subsection (a) to read as follows:
18      "(a)  Except as provided in subsection (b), any person who
19 violates section 286-102, 286-122, 286-130, 286-131, 286-132,
20 286-133, or 286-134 shall be fined not more than $1,000 or
21 imprisoned not more than thirty days, or both[.]; provided that a
22 violation of section 286-106 shall be a lesser violation than a

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                                     H.B. NO.           

 1 violation of section 286-102.  Any person who violates any other
 2 section in this part shall be fined not more than $1,000."
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 4.  This Act shall take effect upon its approval.
 7                              INTRODUCED BY:______________________