REPORT TITLE:
Driver's Licenses


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           163
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 years
 
 5 of age.  (a)  A person who is at least fifteen years of age may
 
 6 be granted a learner's permit if the person passes an examination
 
 7 given by the examiner of drivers to test the person's:
 
 8      (1)  Eyesight and other physical and mental capabilities to
 
 9           determine if the person is capable of operating a motor
 
10           vehicle;
 
11      (2)  Understanding of highway signs regulating, warning, and
 
12           directing traffic; and
 
13      (3)  Knowledge of the traffic laws, ordinances, and rules of
 
14           the State and the county where the person resides or
 
15           intends to operate a motor vehicle.
 
16      If the examiner of drivers is satisfied that the person is
 
17 qualified to receive a learner's permit, the examiner of drivers
 
18 shall issue a learner's permit pursuant to this section and
 
19 otherwise in accordance with this chapter.
 

 
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 1      (b)  The learner's permit shall entitle the person, while
 
 2 having the permit in the person's immediate possession, to drive
 
 3 a motor vehicle upon the highways for a period of two hundred
 
 4 seventy days.  The person granted a learner's permit shall comply
 
 5 with the following:
 
 6      (1)  A person, who is at least twenty-one years of age and
 
 7           who is licensed to operate the category of motor
 
 8           vehicles in which the motor vehicle that is being
 
 9           operated belongs, shall be in the motor vehicle with
 
10           the person at all times when the person is driving; and
 
11      (2)  All occupants of the motor vehicle shall wear safety
 
12           belts when the person is driving.
 
13      (c)  If a person who has been granted a learner's permit:
 
14      (1)  Fails to meet the requirements found in subsection (b);
 
15      (2)  Is involved in a motor vehicle accident as a result of
 
16           the operation of a motor vehicle; or
 
17      (3)  Is convicted of an offense governing the operation of a
 
18           motor vehicle,
 
19 the learner's permit may be suspended or revoked by a judge
 
20 having jurisdiction over the person.  Upon suspension or
 
21 revocation of the learner's permit, the person shall not be
 
22 eligible to operate a motor vehicle on the highway by renewal or
 
23 issuance of a new learner's permit, or, if otherwise eligible,
 

 
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 1 issuance of an intermediate license in accordance with section
 
 2 286-    , for a minimum period of six months, until the person is
 
 3 sixteen years of age, or until the date of reinstatement of the
 
 4 suspended or revoked learner's permit pursuant to court order or
 
 5 section 286-104, whichever is longer.
 
 6      (d)  The learner's permit may be renewed; provided that none
 
 7 of the provisions set forth in subsection (c)(1), (2), or (3)
 
 8 have occurred during the duration of the permit.
 
 9      286-B  Intermediate license for persons at least fifteen
 
10 and a half years of age.  (a)  A person who is at least fifteen
 
11 and a half years of age may be granted an intermediate license if
 
12 the person has been issued and has retained a valid learner's
 
13 permit for a period of at least six months and no proceeding that
 
14 might result in the suspension or revocation of the learner's
 
15 permit is pending.
 
16      (b)  The intermediate license shall entitle the person,
 
17 while having the license in the person's immediate possession, to
 
18 drive a motor vehicle upon the highways for a period of at least
 
19 eighteen months.  The person granted an intermediate license
 
20 shall comply with the following:
 
21      (1)  A person, who is at least twenty-one years of age and
 
22           who is licensed to operate the category of motor
 
23           vehicles in which the motor vehicle that is being
 

 
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 1           operated belongs, shall be in the motor vehicle with
 
 2           the person whenever the driver is driving after eleven
 
 3           o'clock p.m. or before five o'clock a.m.; and
 
 4      (2)  All occupants of the motor vehicle shall wear safety
 
 5           belts when the person is driving.
 
 6      (c)  If a person who has been granted an intermediate
 
 7 license:
 
 8      (1)  Fails to meet the requirements found in subsection (b);
 
 9      (2)  Is involved in a motor vehicle accident as a result of
 
10           the operation of a motor vehicle; or
 
11      (3)  Is convicted for an offense governing the operation of
 
12           a motor vehicle,
 
13 the intermediate license may be suspended or revoked by a judge
 
14 having jurisdiction over the person.  Upon suspension or
 
15 revocation of the intermediate license, the person shall not be
 
16 eligible to operate a motor vehicle on the highway through either
 
17 reissuance of an intermediate license or issuance of a driver's
 
18 license until the person is seventeen years of age, six months
 
19 have elapsed since the date of suspension of the intermediate
 
20 license, or until the date of reinstatement of the suspended or
 
21 revoked intermediate license pursuant to court order or section
 
22 286-104, whichever is later, and has otherwise satisfied the
 
23 requirements of this chapter."
 

 
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 1      SECTION 2.  Section 286-102, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  No person, except [one]:
 
 4      (1)  One exempted under section 286-105[, one];
 
 5      (2)  One who holds an instruction permit under section
 
 6           286-110[, one];
 
 7      (3)  One who holds a learner's permit under section 286-A or
 
 8           an intermediate license under section 286-B; and
 
 9      (4)  One who holds a commercial driver's license issued
 
10           under section 286-239, or a commercial driver's license
 
11           instruction permit issued under section 286-236,
 
12 shall operate any category of motor vehicles listed in this
 
13 section without first being appropriately examined and duly
 
14 licensed as a qualified driver of that category of motor
 
15 vehicles."
 
16      SECTION 3.  Section 286-104, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "286-104  What persons shall not be licensed.  [The]
 
19 Notwithstanding any other provision of this chapter, the examiner
 
20 of drivers shall not issue any driver's license hereunder:
 
21      (1)  To any person whose license has been suspended by a
 
22           court of competent jurisdiction during the suspension
 
23           period; nor to any person whose license has been
 

 
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 1           revoked until the expiration of one year after the date
 
 2           of the revocation, or until the expiration of the
 
 3           period of revocation specified by law, whichever is
 
 4           greater; nor to any person who, while unlicensed, has
 
 5           within two years been convicted of driving under the
 
 6           influence of alcohol or drugs;
 
 7      (2)  To any person who is required by this part to take an
 
 8           examination, unless such person has successfully passed
 
 9           the examination;
 
10      (3)  To any person who is required under the motor vehicle
 
11           financial responsibility laws of this State to deposit
 
12           proof of financial responsibility and who has not
 
13           deposited such proof;
 
14      (4)  To any person when the examiner of drivers has good
 
15           cause to believe that such person by reason of physical
 
16           or mental disability would not be able to operate a
 
17           motor vehicle with safety upon the highways; or
 
18      (5)  To any person who is under [eighteen] seventeen years
 
19           of age; provided that a person who is at least fifteen
 
20           [to seventeen] years of age may be granted a [license
 
21           upon satisfying the requirements of sections 286-108
 
22           and 286-109, which license shall be valid for four
 
23           years and may be suspended or revoked by a judge having
 

 
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 1           jurisdiction over the holder of the license.  Upon
 
 2           revocation of the license, the person shall not be
 
 3           eligible to operate a motor vehicle on the highway
 
 4           until the person is eighteen years of age and has again
 
 5           satisfied the requirements of sections 286-108 and
 
 6           286-109.] learner's permit pursuant to section 286-A,
 
 7           and a person who is at least fifteen and a half years
 
 8           of age may be granted an intermediate license pursuant
 
 9           to section 286-B.
 
10      Any person denied a license under this or any other section
 
11 of this part shall have a right of appeal as provided in section
 
12 286-129."
 
13      SECTION 4.  Section 286-109, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "286-109  General provision governing the issuance of
 
16 licenses.  (a)  Upon payment of the required fee and upon
 
17 demonstrating the ability to operate a certain category or
 
18 categories of motor vehicles to the satisfaction of the examiner
 
19 of drivers, an applicant for a driver's license shall be issued a
 
20 single license of a design approved by the director of
 
21 transportation upon which is made a notation of the category or
 
22 categories of motor vehicles the applicant may operate, any
 
23 restrictive provisions to which the license is subject, and,
 

 
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 1 where the license is issued to a person under twenty-one years of
 
 2 age, a statement, in clearly legible print that shall contrast
 
 3 with the other information appearing on the license, which
 
 4 indicates the date on which the person will attain the age of
 
 5 twenty-one years.
 
 6      (b)  Statutes of limitations and other provisions of this
 
 7 chapter notwithstanding, no learner's permit, intermediate
 
 8 license, driver's license, or instruction permit shall be issued
 
 9 or renewed under this section, where the examiner of drivers is
 
10 notified by the district judge, traffic violations bureaus of the
 
11 district courts, or the judge of the circuit court that the
 
12 applicant has failed to respond to a traffic citation or summons
 
13 for the violation of any traffic laws of a county, this chapter,
 
14 or [chapters] chapter 286G, 287, 290, 291, or 291C, and the [same
 
15 remains] applicant:
 
16      (1)  Remains delinquent and outstanding[, or the applicant,
 
17           having]; or
 
18      (2)  Having timely responded initially[, has] as of the time
 
19           of the application, has failed to comply in full with
 
20           all orders of the court."
 
21      SECTION 5.  Section 286-111, Hawaii Revised Statutes, is
 
22 amended by amending subsection (a) to read as follows:
 
23      "(a)  Every application for [an] a learner's permit, an
 

 
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 1 intermediate license, an instruction permit, or [for] a driver's
 
 2 license shall be made upon a form furnished by the examiner of
 
 3 drivers and shall be verified by the applicant before a person
 
 4 authorized to administer oaths.  The examiner of drivers and
 
 5 officers serving under the examiner are hereby authorized to
 
 6 administer such oaths without charge.  Each application for [an]
 
 7 a learner's permit, an intermediate license, or an instruction
 
 8 permit for a category (1), (2), (3), or (4) license shall be
 
 9 accompanied by a fee to be determined by the council of each
 
10 county and each application for a driver's license shall be
 
11 accompanied by the fee, unless the applicant has already paid the
 
12 fee upon application for an intermediate license or an
 
13 instruction permit in the same county, in which event no fee
 
14 shall be chargeable.  An additional fee to be determined by the
 
15 council of each county shall be charged and collected upon the
 
16 issuance of a driver's license.  All the foregoing fees shall
 
17 become county realizations."
 
18      SECTION 6.  Section 286-112, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  The application of any person under the age of
 
21 eighteen years for [an instruction permit or] a learner's permit,
 
22 an intermediate license, or a driver's license shall be signed
 
23 and verified before a person authorized to administer oaths by
 

 
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 1 the appropriate one of the following:
 
 2      (1)  If both the father and mother of the applicant have
 
 3           custody of the applicant, by both the father and mother
 
 4           of the applicant; [or]
 
 5      (2)  If only one parent has custody of the applicant, by the
 
 6           custodial parent; [or]
 
 7      (3)  If neither parent has custody of the applicant, and the
 
 8           applicant has a custodial guardian or has custodial
 
 9           guardians, by the custodial guardian or by all the
 
10           custodial guardians; or
 
11      (4)  If neither parent has custody of the applicant, and the
 
12           applicant has no custodial guardian, by an employer of
 
13           the applicant or by any responsible [person] adult who
 
14           is willing to assume the obligation imposed under this
 
15           part upon a person signing the application of a minor."
 
16      SECTION 7.  Section 286-113, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "286-113  Release from liability.  Any person who has
 
19 signed the application of a minor for an instruction permit [or],
 
20 a learner's permit, an intermediate license, or a driver's
 
21 license may file with the examiner of drivers a verified written
 
22 request that the permit or license of the minor be canceled,
 
23 together with the permit or license issued.  Upon receipt of the
 

 
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 1 request, the examiner of drivers shall cancel the permit or
 
 2 license of the minor and the person who has signed the
 
 3 application of the minor shall be relieved from the liability
 
 4 imposed under this part on account of any subsequent negligence
 
 5 or [willful] wilful misconduct of the minor in operating a motor
 
 6 vehicle.  Nothing [herein] in this section shall be construed to
 
 7 limit the liability of parents for the torts of their child as
 
 8 provided in chapter 577."
 
 9      SECTION 8.  Section 286-114, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "286-114  Revocation of license or [instruction] permit
 
12 upon death of person signing minor's application.  The examiner
 
13 of drivers upon receipt of satisfactory evidence of the death of
 
14 a person who signed the application of a minor for an instruction
 
15 permit, a learner's permit, an intermediate license, or a
 
16 driver's license shall cancel the permit or license and shall not
 
17 issue a new permit or license until such time as a new
 
18 application duly signed and verified shall be made as required by
 
19 this part.  Upon cancelling the permit or license, the examiner
 
20 of drivers shall notify the minor to surrender the permit or
 
21 license.  If the death occurs after the minor has reached
 
22 majority, this section shall not apply."
 
23      SECTION 9.  Section 286-117, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "286-117  Duplicate permits and licenses.  The holder of
 
 3 [an] a learner's permit, an intermediate license, an instruction
 
 4 permit, or a driver's license [may], upon payment of the
 
 5 reasonable cost of its issuance, may obtain a duplicate; provided
 
 6 that the holder shall surrender the original permit or license or
 
 7 furnish satisfactory proof of loss or destruction of the same.
 
 8      The chief of police or a police officer shall notify a
 
 9 holder that the holder's permit or license is illegible and that
 
10 the holder [shall], within ten days, shall surrender the holder's
 
11 license and apply for a duplicate.  Upon failure to comply with a
 
12 notice to surrender an illegible license and apply for a
 
13 duplicate, the person to whom the permit or license is issued
 
14 shall be subject to the punishment in section 286-136."
 
15      SECTION 10.  Section 286-251, Hawaii Revised Statutes, is
 
16 amended by amending the definition of "license" to read:
 
17      "License" means any driver's license or any other license or
 
18 permit to operate a motor vehicle issued under, or granted by,
 
19 the laws of this State and includes:
 
20      (1)  Any temporary license, learner's permit, intermediate
 
21           license, or instruction permit;
 
22      (2)  The privilege of any person to drive a motor vehicle
 
23           regardless of whether the person holds a valid license;
 

 
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 1      (3)  Any nonresident's operating privilege; and
 
 2      (4)  The eligibility, including future eligibility, of any
 
 3           person to apply for the privilege to drive a motor
 
 4           vehicle."
 
 5      SECTION 11.  Section 291C-194, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (b) to read as follows:
 
 7      "(b)  [The] Upon the demand of a police officer, the driver
 
 8 of a moped shall[, upon the demand of a police officer,] exhibit
 
 9 the [driver's] person's driver's license, learner's permit,
 
10 intermediate license, or instruction permit."
 
11      SECTION 12.  In codifying the new sections added by section
 
12 1 of this Act, the revisor of statutes shall substitute
 
13 appropriate section numbers for the letters used in the new
 
14 sections designated in this Act.
 
15      SECTION 13.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 14.  This Act shall take effect on January 1, 2000.
 
18 
 
19                           INTRODUCED BY:_________________________