Report Title:

Drivers' Licensing; Drivers 75 and Older; Road Test Required

Description:

Requires drivers age 75 and over to pass a road test in order to qualify for or renew a drivers' license.

THE SENATE

S.B. NO.

2667

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to drivers' licenses.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 286-107, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Except as otherwise provided in subsection (c), an applicant for a renewal of a driver's license under this section, or the reactivation of an expired license under section 286-107.5(a), shall appear in person before the examiner of drivers and the examiner of drivers shall administer such physical examinations as the state director of transportation deems necessary to determine the applicant's fitness to continue to operate a motor vehicle. Any applicant who is seventy-five years of age or older shall also provide an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

(c) Any person who holds a category (1), (2) or (3) license issued under this part who is unable to appear in person before the examiner of drivers to apply for a renewal of the driver's license, [may,] if [the person is] not disqualified from renewing the license under subsection (a), or under the age of seventy-five years, may apply for a renewal by mail. The applicant's request to have the license renewed by mail must be received by the examiner of drivers within ninety days after the expiration of the license or be treated as an applicant for reactivation of an expired license under section 286-107.5. The examiner of drivers shall upon receipt of the request, furnish the applicant with all necessary forms and instructions. An application for renewal made pursuant to this subsection shall be accompanied by a statement from a licensed physician certifying that the applicant was examined by the licensed physician not more than six months prior to the expiration date of the applicant's license and that the applicant was found by such examination to have met the physical requirements established by the state director of transportation for the renewal of licenses. The application for renewal shall also be accompanied by:

(1) A notarized statement of the applicant certifying that the applicant does not possess any valid license to operate the same or similar category or categories of motor vehicles, issued by another licensing authority (unless such license is concurrently surrendered); and

(2) Such other information as may be required by the examiner of drivers that is reasonably necessary to confirm the identity of the applicant and the applicant's fitness to continue to operate a motor vehicle."

SECTION 2. Section 286-107.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Unless revoked or suspended, and except as provided in subsection (b), all drivers' licenses expired under section 286-106 may be reactivated by the licensee in accordance with the requirements and procedures set forth for the renewal of licenses under section 286-107(b). No person under the age of seventy-five years seeking reactivation of an expired license under this subsection shall be required to undergo reexamination of the person's driving skills under section 286-108. All persons who are seventy-five years of age or older shall be required to undergo such a reexamination of the person's driving skills. The examiner of drivers shall require the holder of an expired license to pay a reactivation fee of $5 for each thirty-day period, or fraction thereof, that has elapsed after the ninety-day grace period."

SECTION 3. Section 286-108, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The examiner of drivers may waive the actual demonstration of ability to operate a motor vehicle for any person who is at least eighteen years of age but younger than seventy five years of age and who possesses a valid driver's license issued to the applicant in any [other] state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, a province of the Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for the operation of vehicles in categories 1 through 3 of section 286-102."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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