Report Title:

Driver Licensing; Provisional Licenses; Persons Under 18

Description:

Establishes a 3-stage graduated driver licensing program for persons under the age of 18. Requires them to be accompanied by a licensed parent or guardian when driving between 11 p.m. and 5 a.m., with limited exceptions. Requires temporary instruction permit holders to be accompanied by a person who is at least 21, rather than 18, when driving. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2290

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

Relating to 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-   Provisional license for persons under the age of eighteen. (a) This section shall apply to licenses to drive passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and vans having a gross vehicle weight rating of fifteen thousand pounds or less, as provided in the category of licenses under section 286-102(b)(3).

(b) A person who is at least sixteen years of age but under the age of eighteen may be granted a provisional license if the person has:

(1) Held a learner's permit for a period of at least one hundred eighty days and there is no pending proceeding that might result in the suspension or revocation of the learner's permit;

(2) Has satisfactorily completed the driver education program under section 286-108.4; and

(3) Has satisfactorily completed all requirements of sections 286-108 and 286-109.

(c) The provisional license shall entitle the person, while having the license in the person's immediate possession, to drive a motor vehicle upon the roadways of the State; provided that the person granted a provisional licensee shall comply with the following:

(1) When the provisional licensee is driving after 11 p.m. and before 5 a.m., a licensed driver, who is licensed to operate the same category of motor vehicles as the motor vehicle being operated and who is the licensee's parent or guardian, shall be in the motor vehicle with the provisional licensee and shall occupy a seat as near to the driver as is practicable while the motor vehicle is being operated. Passengers, other than the parent or guardian, shall be limited to one immediate family member during the hours from 11 p.m. to 5 a.m.;

(2) All occupants of the motor vehicle shall be restrained by a seat belt assembly, as provided by law; and

(3) The provisional licensee shall not transport more than one person unrelated to the provisional licensee under the age of eighteen during the daytime and evening hours of 5 a.m. to 11 p.m.;

(d) A person with a provisional license may drive between the hours of 11 p.m. and 5 a.m. and transport immediate family members without being accompanied and supervised by a licensed driver who is a parent or guardian, in circumstances in which the employment necessity of the licensee when reasonable transportation facilities are unavailable and operation of a vehicle by the licensee is necessary; provided that the licensee shall carry a signed statement from the employer including the employer's name, address and phone number, verifying employment and work hours, or if the licensee is an emancipated minor.

(e) If a person who has been granted a provisional license:

(1) Fails to meet the requirements of subsection (b); or

(2) Is convicted for an offense relating to operation of a motor vehicle,

the provisional license shall be suspended or revoked by a judge having jurisdiction over the person. Upon suspension or revocation of the provisional license, the person shall not be eligible to operate a motor vehicle on the highway through either reissuance of a provisional license or issuance of a driver's license until six months have elapsed since the date of suspension of the provisional license, or until the date of reinstatement of the suspended or revoked provisional license pursuant to court order or section 286-104, whichever is later, and the person has otherwise satisfied the requirements of this chapter.

(f) A person who has satisfactorily held a provisional license for at least six months, is at least seventeen years of age, and has satisfactorily completed all requirements of this chapter may be issued a driver's license in accordance with this chapter.

(g) The fee for a provisional license shall be set in accordance with section 286-111."

SECTION 2. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person, except one exempted under section 286-105, one who holds an instruction permit under section 286-110, one who holds a provisional license under section 286-  , one who holds a commercial driver's license issued under section 286-239, or a commercial driver's license instruction permit issued under section 286-236, shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles."

SECTION 3. Section 286-104, Hawaii Revised Statutes, is amended to read as follows:

"286-104 What persons shall not be licensed. The examiner of drivers shall not issue any license hereunder:

(1) To any person whose license has been suspended by a court of competent jurisdiction during the suspension period; nor to any person whose license has been revoked until the expiration of one year after the date of the revocation, or until the expiration of the period of revocation specified by law, whichever is greater; nor to any person who, while unlicensed, has within two years been convicted of operating a vehicle under the influence of an intoxicant or, prior to January 1, 2002, of driving under the influence of alcohol or drugs;

(2) To any person who is required by this part to take an examination, unless such person has successfully passed the examination;

(3) To any person who is required under the motor vehicle financial responsibility laws of this State to deposit proof of financial responsibility and who has not deposited such proof;

(4) To any person when the examiner of drivers has good cause to believe that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways;

(5) To any person who is under eighteen years of age; provided that [a]:

(A) A person who is fifteen years and six months of age may be granted an instruction permit; [and provided further that a]

(B) A person who is at least sixteen [to seventeen] and less than eighteen years of age may be granted a provisional license upon satisfying the requirements of sections 286-108 and 286-109, which license shall be held for at least six months or as long as necessary to satisfy the requirements of section 286-  ; or

(C) A person who is at least seventeen and less than eighteen years of age may be granted a license upon satisfying the requirements of [sections 286-108 and 286-109,] section 286-  , which license shall be valid for four years and may be suspended or revoked by a judge having jurisdiction over the holder of the license. Upon revocation of the license, the person shall not be eligible to operate a motor vehicle on the highway until the person is eighteen years of age and has again satisfied the requirements of sections 286-108 and 286-109; or

(6) To any person who is not in compliance with section 286-102.5.

Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129."

SECTION 4. Section 286-106, Hawaii Revised Statutes, is amended to read as follows:

"286-106 Expiration of licenses. Every driver's license issued under this part, whether an original issuance or a renewal, shall expire on the first birthday of the licensee occurring not less than six years after the date of the issuance of the license, unless sooner revoked or suspended; provided that the license shall expire on the first birthday of the licensee occurring not less than four years after the date of issuance of the license if the licensee is [fifteen] seventeen to [seventeen] eighteen years of age and two years after the date of the issuance of the license if at that time the licensee:

(1) Is seventy-two years of age or older; or

(2) Exhibits a physical condition or conditions which the examiner of drivers reasonably believes has impaired the driver's ability to drive, unless the licensee:

(A) Obtains a certificate from a licensed physician that the licensee's physical condition or conditions do not impair the licensee's ability to drive; or

(B) Is able to correct the physical impairment, or by using a vehicle adapted to overcome the physical impairment is to the satisfaction of the examiner of drivers able to drive safely."

SECTION 5. Section 286-108, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The examiner of drivers shall require proof from every applicant under the age of eighteen that the applicant has completed a driver education program and a behind-the-wheel driver training course certified by the director of transportation. The examiner of drivers shall not examine any applicant for a [driver's] provisional license who is sixteen through seventeen years of age unless the applicant holds a valid instruction permit under section 286-110, for a period of no fewer than [ninety] one hundred eighty days. If the applicant's instruction permit has expired and a new instruction permit was issued within thirty days of its expiration, the examiner of drivers may examine the applicant without requiring an additional [ninety-day period.] one hundred eighty day period."

SECTION 6. Section 286-110, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Except when operating a motor scooter or motorcycle, the holder of a temporary instruction permit shall comply with the following:

(1) Every holder of the temporary instruction permit, regardless of age, shall be accompanied by a person who is [eighteen] twenty-one years of age or older and licensed to operate the category of motor vehicles in which the motor vehicle which is being operated belongs. The licensed person shall occupy a seat as near the permit holder as is practical while the motor vehicle is being so operated[.];

(2) If the holder of a temporary instruction permit is under the age of eighteen years, when driving after 11 p.m. and before 5 a.m., a licensed driver, who is licensed to operate the same category of motor vehicles as the motor vehicle being operated and who is the licensee's parent or guardian, shall be in the motor vehicle with the temporary instruction permit holder and shall occupy a seat as near to the driver as is practicable while the motor vehicle is being operated. Passengers, other than the parent or guardian, shall be limited to one immediate family member during the hours from 11 p.m. to 5 a.m.; and

(3) All occupants of the motor vehicle shall be restrained by a seat belt assembly, as provided by law."

SECTION 7. Section 286-111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every application for an instruction permit, provisional license, or for a driver's license shall be made upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths. The examiner of drivers and officers serving under the examiner may administer such oaths without charge. Each application for an instruction permit for a category (1), (2), (3), or (4) license shall be accompanied by a fee to be determined by the council of each county and each application for a provisional license or driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be chargeable. An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or driver's license. All the foregoing fees shall become county realizations."

SECTION 8. Section 286-112, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The application of any person under the age of eighteen years for an instruction permit, provisional license, or driver's license shall be signed and verified before a person authorized to administer oaths by the appropriate one of the following:

(1) If both the father and mother of the applicant have custody of the applicant, by both the father and mother of the applicant; or

(2) If only one parent has custody of the applicant, by the custodial parent; or

(3) If neither parent has custody of the applicant, and the applicant has a custodial guardian or has custodial guardians, by the custodial guardian or by all the custodial guardians; or

(4) If neither parent has custody of the applicant, and the applicant has no custodial guardian, by an employer of the applicant or by any responsible person who is willing to assume the obligation imposed under this part upon a person signing the application of a minor.

(b) Any negligence or misconduct of a minor under the age of eighteen years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of the minor for a permit, provisional license, or license, which person shall be jointly and severally liable with the minor for any damages caused by such negligence or misconduct."

SECTION 9. Section 286-113, Hawaii Revised Statutes, is amended to read as follows:

"286-113 Release from liability. Any person who has signed the application of a minor for an instruction permit, provisional license, or driver's license may file with the examiner of drivers a verified written request that the permit, provisional license, or license of the minor be canceled, together with the permit, provisional license, or license issued. Upon receipt of the request, the examiner of drivers shall cancel the permit, provisional license, or license of the minor and the person who has signed the application of the minor shall be relieved from the liability imposed under this part on account of any subsequent negligence or [willful] wilful misconduct of the minor in operating a motor vehicle. Nothing herein shall be construed to limit the liability of parents for the torts of their child as provided in chapter 577."

SECTION 10. Section 286-114, Hawaii Revised Statutes, is amended to read as follows:

"286-114 Revocation of license, provisional license, or instruction permit upon death of person signing minor's application. The examiner of drivers upon receipt of satisfactory evidence of the death of a person who signed the application of a minor for an instruction permit, provisional license, or a license shall cancel the permit, provisional license, or license and shall not issue a new permit, provisional license, or license until such time as a new application duly signed and verified shall be made as required by this part. Upon [cancelling] canceling the permit or license, the examiner of drivers shall notify the minor to surrender the permit, provisional license, or license. If the death occurs after the minor has reached majority, this section shall not apply."

SECTION 11. Section 286-117, Hawaii Revised Statutes, is amended to read as follows:

"286-117 Duplicate permits and licenses. The holder of an instruction permit, provisional license, or driver's license may upon payment of the reasonable cost of its issuance obtain a duplicate; provided that the holder shall surrender the original permit, provisional license, or license or furnish satisfactory proof of loss or destruction of the same.

The chief of police or a police officer shall notify a holder that the holder's permit, provisional license, or license is illegible and that the holder shall within ten days surrender the holder's license and apply for a duplicate. Upon failure to comply with a notice to surrender an illegible license and apply for a duplicate, the person to whom the permit or license is issued shall be subject to the punishment in section 286-136."

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect on January 1, 2005.