THE SENATE

S.B. NO.

871

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HIGHWAY SAFETY.

 

 

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

 


SECTION 1. The legislature finds that as a gateway location between the Eastern and Western hemispheres, Hawaii is an international gathering place where peoples from all over the world migrate to live, work, and attend school. Hawaii residents also migrate to other countries for the same purposes. The ability to drive is critical to the quality of life in Hawaii and in many other countries. This measure facilitates the ability to drive by providing driver licensing reciprocity with other countries under specified conditions.

The legislature further finds that existing law establishing the driver's license reciprocity committee is cumbersome, costly, and complicated to administer, which explains the fact that it has never been used since its enactment by Act 314, Session Laws of Hawaii 2012, in spite of much public interest in driver's license reciprocity.

The purpose of this Act is to:

(1) Allow a nonresident operator of a motor vehicle who holds a license and international driving permit to operate a motor vehicle in another country to obtain a Hawaii driver's license to operate a car or truck under certain conditions; and

(2) Repeal the driver's license reciprocity committee.

SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"286-   Reciprocal licensing privileges. (a) A nonresident operator of a motor vehicle who is the holder of a current and valid license and international driving permit to operate a motor vehicle in the country in which the nonresident operator resides is not required to obtain a driver's license to operate a passenger car or truck, as those terms are defined in section 286-2, classified as category (3) under section 286-102, within this State, if the operator does not receive compensation for the operation of the category (3) passenger car or truck; provided that:

(1) The director determines that the standards of the other country for licensing operators correspond substantially to those of this State and that the other country extends the same privileges to persons licensed to operate motor vehicles by this State; and

(2) The director and the other country have exchanged written agreements confirming the reciprocal extension of privileges to operate motor vehicles.

(b) The director shall publish on the department of transportation's public internet site a list of the countries for which reciprocal operating privileges have been extended and those that have been withdrawn. The most recent list shall be transmitted to the courts, county prosecuting attorneys, and county police chiefs.

(c) The director may adopt rules pursuant to chapter 91 necessary for the purposes of this section."

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:

(1) Is at least eighteen 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; [or]

(2) Has completed the same requirements as set forth in section 286‑102.6(f) in another state and possesses a valid provisional license from that state[.]; or

(3) The director has granted reciprocal licensing privileges in accordance with section 286-    ."

SECTION 4. Section 286-11, Hawaii Revised Statutes, is repealed.

["[286-11] Driver's license reciprocity committee. (a) The director shall establish a statewide driver's license reciprocity committee consisting of one representative from the department of transportation and the chief examiner of drivers of each county, or their designees. The committee shall convene whenever a foreign country makes a request for driver's license reciprocity.

(b) The statewide driver's license reciprocity committee shall evaluate the written knowledge and practical examination program of the foreign country requesting driver's license reciprocity.

(c) Members of the statewide driver's license reciprocity committee shall serve voluntarily and without compensation, but shall be paid reasonable allowances for travel and expenses that may be incurred as a result of the performance of their duties on the committee. The costs shall be paid by the department of transportation.

(d) In the event that there is available from the requesting foreign country an evaluation of that country's driver's license requirements prepared by another United States driver licensing agency or the American Association of Motor Vehicle Administrators, the statewide driver's license reciprocity committee shall conduct a comparison review of the evaluation and the State's driver licensing examination standards and submit a written recommendation to the legislature no later than twenty days prior to the convening of the regular legislative session immediately subsequent to the review.

(e) If there is no such evaluation available from the requesting foreign country, the director may select from the statewide driver's license reciprocity committee the representative from the department of transportation and a county examiner of drivers representative to travel to the requesting foreign country, at the expense of the requesting foreign country, to inspect and examine the foreign country's driver's license examination program and advise the committee of their findings. The committee shall review the findings and submit a written recommendation to the legislature on whether the foreign country's driver's license examination standards correspond to Hawaii's driver's license examination standards no later than twenty days prior to the convening of the regular legislative session immediately subsequent to the travel and evaluation by the driver's license reciprocity committee.

(f) The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."]

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2015.


 


 

Report Title:

Driver License Reciprocity with Foreign Countries; Reciprocity Committee

 

Description:

Establishes driver licensing reciprocity privileges between Hawaii and foreign countries upon certain conditions. Allows the examiner of drivers to waive the demonstration of the ability to operate a motor vehicle for individuals who receive license reciprocity privileges. Repeals the driver's license reciprocity committee. (SB871 HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.