HOUSE OF REPRESENTATIVES

H.C.R. NO.

225

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the examiner of drivers to make findings of reasonable cause of incompetence based upon reports of various professionals or people.

 

 

 


     WHEREAS, driving is an activity that requires a driver's full attention and abilities to drive safely; and

 

     WHEREAS, a driver who is mentally or physically impaired could be a danger to himself, other motorists, and those in the communities in which he is driving in; and

 

     WHEREAS, the examiner of drivers has the authority to suspend any driver's license without hearing when the examiner has reasonable cause to believe that the licensee is incompetent to operate the type of motor vehicle for which the licensee holds a license or is afflicted with mental or physical infirmities or disabilities which would make it unsafe for the licensee to operate a motor vehicle of the type for which the licensee is licensed; and

 

WHEREAS, the current law, §286-119, Hawaii Revised Statutes, does not give clear guidance as to what constitutes the reasonable cause to suspend a license; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that when suspending a license, the examiner of drivers, while making a finding of reasonable cause of incompetence, is requested to consider reports of various professionals or people in making that finding; and

 

     BE IT FURTHER RESOLVED that reports by any law enforcement officers, licensed chiropractor under chapter 442, licensed medical professional under chapter 453, licensed mental health counselors under chapter 453D, licensed physical therapists under chapter 461J, licensed psychologists under chapter 465, and licensed social workers under chapter 467E, or any member of the operator's family within three degrees of consanguinity, or the operator's spouse, who has reached the age of eighteen, be considered in making a determination of incompetence; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to examiner of drivers of the City and County of Honolulu, Hawaii County, Kauai County, and Maui County.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Examiner of drivers; license suspension; reports; reasonable cause