Report Title:

Motor Vehicle Driver Licensing

 

Description:

Requires all drivers under age eighteen to be accompanied by a licensed driver over age twenty-one when driving between 11:00 p.m. and 5:00 a.m.

 

THE SENATE

S.B. NO.

211

TWENTY-FIRST LEGISLATURE, 2001

 

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:

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"286-   Night driving provisions for licensed drivers under eighteen years of age. (a) A person who is under eighteen years of age and who has been granted a license pursuant to sections 286-108 and 286-109, whenever driving between 11:00 p.m. and 5:00 a.m., shall be accompanied in the motor vehicle at all times by another person who is at least twenty-one years of age and who is licensed to operate the category of motor vehicles that is being operated.

(b) A person with a license but who is under eighteen years of age may drive between the hours of 11:00 p.m. and 5:00 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the person's parent or guardian, or a licensed driver who is at least twenty-one years of age, in the following circumstances:

(1) To attend school or school authorized activities when reasonable transportation facilities are inadequate and operation of a vehicle by the person is necessary as verified in a signed statement from a parent or legal guardian that shall be kept in the person's possession while operating the vehicle;

(2) For employment purposes when reasonable transportation facilities are inadequate and operation of a vehicle by the person is necessary as verified in a signed statement from the employer that shall be kept in the person's possession while operating the vehicle; or

(3) Where the person is an emancipated minor.

(c) If a person who is at least sixteen years of age but under eighteen years of age:

(1) Fails to meet the requirements found in subsection (a) or (b);

(2) Is involved in a motor vehicle collision as a result of the operation of a motor vehicle and is determined to be at fault; or

(3) Is convicted for an offense governing the operation of a motor vehicle,

the license shall be suspended or revoked by a judge having jurisdiction over the person.

(d) If suspension or revocation of the license occurs under subsection (c), the person shall not be eligible to operate a motor vehicle on the highway through either reissuance of a license or issuance of a driver's license, until:

(1) The person is seventeen and one-half years of age;

(2) At least six months have elapsed since the date of the completion of the suspension of the license; or

(3) The date of reinstatement of the suspended or revoked license pursuant to court order or section 286-104."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on January 1, 2002.

INTRODUCED BY:

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