REPORT TITLE:
Driver's Licenses


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        659
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-A  Learner's permit for persons at least fifteen and
 
 5 one-half years of age.  (a)  A person who is at least fifteen and
 
 6 one-half years of age may be granted a learner's permit if the
 
 7 person passes an examination given by the examiner of drivers to
 
 8 test the 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 rules of
 
15           the State and the county where the person resides or
 
16           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
 

 
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 1 otherwise in accordance with this chapter.
 
 2      (b)  The learner's permit shall entitle the person, while
 
 3 having the permit in the person's immediate possession, to drive
 
 4 a motor vehicle upon the highways for a period of two hundred
 
 5 seventy days.  The person granted a learner's permit shall comply
 
 6 with the following:
 
 7      (1)  A person, who is at least twenty-one years of age and
 
 8           who is licensed to operate the category of motor
 
 9           vehicles in which the motor vehicles that is being
 
10           operated belongs, shall be in the motor vehicle at all
 
11           times with the person granted the learner's permit when
 
12           the person is driving; and
 
13      (2)  All occupants of the motor vehicle shall wear safety
 
14           belts when the person is driving.
 
15      (c)  If a person who has been granted a learner's permit:
 
16      (1)  Fails to meet the requirements in subsection (b);
 
17      (2)  Is involved in a motor vehicle collision as a result of
 
18           the operation of a motor vehicle and is determined to
 
19           be at fault; or
 
20      (3)  Is convicted of an offense governing the operation of a
 
21           motor vehicle,
 
22 the learner's permit shall be suspended or revoked by a judge
 
23 having jurisdiction over the person.
 

 
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 1      (d)  If the suspension or revocation of the learner's permit
 
 2 occurs under subsection (c), the person shall not be eligible to
 
 3 operate a motor vehicle on the highway by renewal or issuance of
 
 4 a new learner's permit, or, if otherwise eligible, issuance of an
 
 5 intermediate license in accordance with section 286-B:
 
 6      (1)  For a minimum period of six months;
 
 7      (2)  Until the person is sixteen and one-half years of age;
 
 8           or
 
 9      (3)  Until the date of reinstatement of the suspended or
 
10           revoked learner's permit pursuant to court order or
 
11           section 286-104,
 
12 whichever is longer.
 
13      (e)  The learner's permit may be renewed, subject to
 
14 subsections (c) and (d).
 
15      286-B  Intermediate license for persons at least sixteen
 
16 years of age.  (a)  A person who is at least sixteen years of age
 
17 may be granted an intermediate license if the person has been
 
18 issued and has retained a valid learner's permit for a period of
 
19 at least six months and no proceeding that might result in the
 
20 suspension or revocation of the learner's permit is pending.
 
21      (b)  The intermediate license shall entitle the person while
 
22 having the license in the person's immediate possession, to drive
 
23 a motor vehicle upon the highways for a period of at least
 

 
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 1 eighteen months.  The person granted an intermediate license
 
 2 shall comply with the following:
 
 3      (1)  Whenever the person is driving after eleven o'clock
 
 4           p.m. or before five o'clock a.m., another person, who
 
 5           is at least twenty-one years of age and who is licensed
 
 6           to operate the category of motor vehicles in which the
 
 7           motor vehicle that is being operated belongs, shall be
 
 8           in the motor vehicle at all times with the person
 
 9           granted the intermediate license when the person is
 
10           driving; and
 
11      (2)  All occupants of the motor vehicle shall wear safety
 
12           belts when the person is driving.
 
13      (c)  A person with an intermediate license may drive between
 
14 the hours of 11:00 p.m. and 5:00 a.m. or transport an immediate
 
15 family member without being accompanied and supervised by a
 
16 licensed driver who is the person's parent or guardian, or a
 
17 licensed driver who is at least twenty-one years of age, in the
 
18 following circumstances:
 
19      (1)  Schooling or school authorized activities of the person
 
20           when reasonable transportation facilities are
 
21           inadequate and operation of a vehicle by a minor is
 
22           necessary.  The person shall keep in the person's
 
23           possession a signed statement from a parent or legal
 

 
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 1           guardian verifying the necessity.
 
 2      (2)  Employment necessity of the person when reasonable
 
 3           transportation facilities are inadequate and operation
 
 4           of a vehicle by a minor is necessary.  The person shall
 
 5           keep in the person's possession a signed statement from
 
 6           the employer, verifying employment.
 
 7      (3)  The person is an emancipated minor.
 
 8      (d)  If a person who has been granted an intermediate
 
 9 license:
 
10      (1)  Fails to meet the requirements found in subsection (b);
 
11      (2)  Is involved in a motor vehicle collision as a result of
 
12           the operation of a motor vehicle and is determined to
 
13           be at fault; or
 
14      (3)  Is convicted for an offense governing the operation of
 
15           a motor vehicle,
 
16 the intermediate license shall be suspended or revoked by a judge
 
17 having jurisdiction over the person.
 
18      (e)  If suspension or revocation of the intermediate license
 
19 occurs under subsection (d), the person shall not be eligible to
 
20 operate a motor vehicle on the highway through either reissuance
 
21 or an intermediate license or issuance of a driver's license,
 
22 until:
 
23      (1)  The person is seventeen and one-half years of age;
 

 
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 1      (2)  At least six months have elapsed since the date of
 
 2           suspension of the intermediate license; or
 
 3      (3)  The date of reinstatement of the suspended or revoked
 
 4           intermediate license pursuant to court order or section
 
 5           286-104, or
 
 6 whichever is later, and has otherwise satisfied the requirements
 
 7 of this chapter."
 
 8      SECTION 2.  Section 286-102, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) to read as follows:
 
10      "(a)  No person, except [one]:
 
11      (1)  One exempted under section 286-105[, one];
 
12      (2)  One who holds an instruction permit under section
 
13           286-110[, one];
 
14      (3)  One who holds a learner's permit under section 286-A or
 
15           an intermediate license under section 286-B; and
 
16      (4)  One who holds a commercial driver's license issued
 
17           under section 286-239, or a commercial driver's license
 
18           instruction permit issued under section 286-236,
 
19 shall operate any category of motor vehicles listed in this
 
20 section without first being appropriately examined and duly
 
21 licensed as a qualified driver of that category of motor
 
22 vehicles."
 
23      SECTION 3.  Section 286-104, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "286-104  What persons shall not be licensed.  [The]
 
 3 Notwithstanding any other provision of this chapter, the examiner
 
 4 of drivers shall not issue any driver's license hereunder:
 
 5      (1)  To any person whose license has been suspended by a
 
 6           court of competent jurisdiction during the suspension
 
 7           period; nor to any person whose license has been
 
 8           revoked until the expiration of one year after the date
 
 9           of the revocation, or until the expiration of the
 
10           period of revocation specified by law, whichever is
 
11           greater; nor to any person who, while unlicensed, has
 
12           within two years been convicted of driving under the
 
13           influence of alcohol or drugs;
 
14      (2)  To any person who is required by this part to take an
 
15           examination, unless [such] the person has successfully
 
16           passed the examination;
 
17      (3)  To any person who is required under the motor vehicle
 
18           financial responsibility laws of this State to deposit
 
19           proof of financial responsibility and who has not
 
20           deposited such proof;
 
21      (4)  To any person when the examiner of drivers has good
 
22           cause to believe that [such] the person by reason of
 
23           physical or mental disability would not be able to
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           operate a motor vehicle with safety upon the highways;
 
 2           or
 
 3      (5)  To any person who is under eighteen years of age;
 
 4           provided that a person who is at least fifteen [to
 
 5           seventeen] and one-half years of age may be granted a
 
 6           [license upon satisfying the requirements of sections
 
 7           286-108 and 286-109, which license shall be valid for
 
 8           four years and may be suspended or revoked by a judge
 
 9           having jurisdiction over the holder of the license.
 
10           Upon revocation of the license, the person shall not be
 
11           eligible to operate a motor vehicle on the highway
 
12           until the person is eighteen years of age and has again
 
13           satisfied the requirements of sections 286-108 and
 
14           286-109.] learner's permit pursuant to section 286-A,
 
15           and a person who is at least sixteen years of age may
 
16           be granted an intermediate license under section 286-B.
 
17      Any person denied a license under this or any other section
 
18 of this part shall have a right of appeal as provided in section
 
19 286-129."
 
20      SECTION 4.  Section 286-109, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "286-109  General provision governing the issuance of
 
23 licenses.  Upon payment of the required fee and upon
 

 
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 1 demonstrating the ability to operate a certain category or
 
 2 categories of motor vehicles to the satisfaction of the examiner
 
 3 of drivers, an applicant for a driver's license shall be issued a
 
 4 single license of a design approved by the director of
 
 5 transportation upon which is made a notation of the category or
 
 6 categories of motor vehicles the applicant may operate, any
 
 7 restrictive provisions to which the license is subject, and,
 
 8 where the license is issued to a person under twenty-one years of
 
 9 age, a statement, in clearly legible print that shall contrast
 
10 with the other information appearing on the license, which
 
11 indicates the date on which the person will attain the age of
 
12 twenty-one years.
 
13      Statutes of limitations and other provisions of this chapter
 
14 notwithstanding, no learner's permit, intermediate license,
 
15 driver's license, or instruction permit shall be issued or
 
16 renewed under this section, where the examiner of drivers is
 
17 notified by the district judge, traffic violations bureaus of the
 
18 district courts, or the judge of the circuit court that the
 
19 applicant has failed to respond to a traffic citation or summons
 
20 for the violation of any traffic laws of a county, this chapter
 
21 or [chapters] chapter 286G, 287, 290, 291, or 291C, and the [same
 
22 remains] applicant:
 
23      (1)  Remains delinquent and outstanding[, or the applicant,
 

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

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 determined by the council of each county shall be charged and
 
 2 collected upon the issuance of a driver's license.  All the
 
 3 foregoing fees shall become county realizations."
 
 4      SECTION 6.  Section 286-112, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  The application of any person under the age of
 
 7 eighteen years for [an instruction permit or] a learner's permit,
 
 8 an intermediate license, or a driver's license shall be signed
 
 9 and verified before a person authorized to administer oaths by
 
10 the appropriate one of the following:
 
11      (1)  If both the father and mother of the applicant have
 
12           custody of the applicant, by both the father and mother
 
13           of the applicant; [or]
 
14      (2)  If only one parent has custody of the applicant, by the
 
15           custodial parent; [or]
 
16      (3)  If neither parent has custody of the applicant, and the
 
17           applicant has a custodial guardian or has custodial
 
18           guardians, by the custodial guardian or by all the
 
19           custodial guardians; or
 
20      (4)  If neither parent has custody of the applicant, and the
 
21           applicant has no custodial guardian, by an employer of
 
22           the applicant or by any responsible [person] adult who
 
23           is willing to assume the obligation imposed under this
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           part upon a person signing the application of a minor."
 
 2      SECTION 7.  Section 286-113, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "286-113  Release from liability.  Any person who has
 
 5 signed the application of a minor for an instruction permit [or],
 
 6 a learner's permit, an intermediate license, or a driver's
 
 7 license may file with the examiner of drivers a verified written
 
 8 request that the permit or license of the minor be canceled,
 
 9 together with the permit or license issued.  Upon receipt of the
 
10 request, the examiner of drivers shall cancel the permit or
 
11 license of the minor and the person who has signed the
 
12 application of the minor shall be relieved from the liability
 
13 imposed under this part on account of any subsequent negligence
 
14 or [willful] wilful misconduct of the minor in operating a motor
 
15 vehicle.  Nothing [herein] in this section shall be construed to
 
16 limit the liability of parents for the torts of their child as
 
17 provided in chapter 577."
 
18      SECTION 8.  Section 286-114, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "286-114  Revocation of license or [instruction] permit
 
21 upon death of person signing minor's application.  The examiner
 
22 of drivers upon receipt of satisfactory evidence of the death of
 
23 a person who signed the application of a minor for an instruction
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 permit, a learner's permit, an intermediate license, or a
 
 2 driver's license shall cancel the permit or license and shall not
 
 3 issue a new permit or license until [such time as] a new
 
 4 application duly signed and verified shall be made as required by
 
 5 this part.  Upon cancelling the permit or license, the examiner
 
 6 of drivers shall notify the minor to surrender the permit or
 
 7 license.  If the death occurs after the minor has reached
 
 8 majority, this section shall not apply."
 
 9      SECTION 9.  Section 286-117, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "286-117  Duplicate permits and licenses.  The holder of an
 
12 instruction permit, a learner's permit, an intermediate license,
 
13 or a driver's license [may], upon payment of the reasonable cost
 
14 of its issuance, may obtain a duplicate; provided that the holder
 
15 shall surrender the original permit or license or furnish
 
16 satisfactory proof of loss or destruction of the same.
 
17      The chief of police or a police officer shall notify a
 
18 holder that the holder's permit or license is illegible and that
 
19 the holder [shall], within ten days, shall surrender the holder's
 
20 license and apply for a duplicate.  Upon failure to comply with a
 
21 notice to surrender an illegible license and apply for a
 
22 duplicate, the person to whom the permit or license is issued
 
23 shall be subject to the punishment in section 286-136."
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 10.  Section 286-251, Hawaii Revised Statutes, is
 
 2 amended by amending the definition of "license" to read as
 
 3 follows:
 
 4      ""License" means any driver's license or any other license
 
 5 or permit to operate a motor vehicle issued under, or granted by,
 
 6 the laws of this State and includes:
 
 7      (1)  Any temporary license, learner's permit, intermediate
 
 8           license, or instruction permit;
 
 9      (2)  The privilege of any person to drive a motor vehicle
 
10           regardless of whether the person holds a valid license;
 
11      (3)  Any nonresident's operating privilege; and
 
12      (4)  The eligibility, including future eligibility, of any
 
13           person to apply for the privilege to drive a motor
 
14           vehicle."
 
15      SECTION 11.  Section 291C-194, Hawaii Revised Statutes, is
 
16 amended by amending subsection (b) to read as follows:
 
17      "(b)  The driver of a moped [shall], upon the demand of a
 
18 police officer, shall exhibit the [driver's] person's driver's
 
19 license, learner's permit, intermediate license, or instruction
 
20 permit."
 
21      SECTION 12.  In codifying the new sections added by section
 
22 1 of this Act, the revisor of statutes shall substitute
 
23 appropriate section numbers for the letters used in the new
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 sections designated in this Act.
 
 2      SECTION 13.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 14.  This Act shall take effect on January 1, 2000.
 
 5 
 
 6                           INTRODUCED BY:_________________________