REPORT TITLE:



DESCRIPTION:


 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DRIVER'S LICENSING.



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

 1      SECTION 1.  Chapter 286, part VI, Hawaii Revised Statutes,
 
 2 is amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "Section 286-   . Driving Curfew for Minors.  All drivers
 
 5 under the age of 18, including drivers of mopeds, motorcycles and
 
 6 motor scooters, may operate a motor vehicle between the hours of
 
 7 11 p.m. and 4 a.m. only when (a) accompanied by a licensed driver
 
 8 over the age of 21; or (b) operation of a vehicle by a minor is
 
 9 necessary for employment purposes and transportation facilities
 
10 are unavailable; provided that the person shall keep in the
 
11 person's possession a signed statement from the employer,
 
12 verifying employment; or (c) the person's school attendance or
 
13 school authorized activities necessitate operation of a motor
 
14 vehicle and reasonable transportation facilities are unavailable;
 
15 provided that the person shall keep in the person's possession a
 
16 signed statement from a parent or legal guardian verifying the
 
17 necessity; or (d) the person is an emancipated minor.  The signed
 
18 statement must be carried by the driver when driving during
 
19 curfew hours and cannot be submitted after the fact.  Violation
 

 
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 1 of this section shall be considered a moving traffic infraction
 
 2 as defined in section 291D-2 and violators will be penalized in
 
 3 accordance with Section 286-124(b)."
 
 4      SECTION 2.  Section 286-108, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "(a) Except as provided in section 286-107.5(a), the
 
 7 examiner of drivers shall examine every applicant for a driver's
 
 8 license, except as otherwise provided in this part. The
 
 9 examination shall include a test of:
 
10      (1)  The applicant's eyesight and such further physical
 
11           examination as the examiner of drivers finds necessary
 
12           to determine the applicant's fitness to operate a motor
 
13           vehicle safely upon the highways;
 
14      (2)  The applicant's ability to understand highways signs
 
15           regulating, warning and directing traffic, provided
 
16           that this requirement shall be substituted at the
 
17           discretion of the examiner of drivers by the
 
18           requirements of subsection (b);
 
19      (3)  The applicant's knowledge of rules of the road based on
 
20           the traffic laws of the State and the traffic
 
21           ordinances of the county where the applicant resides or
 
22           intends to operate a motor vehicle, provided that this
 
23           requirement shall be substituted at the discretion of
 

 
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 1           the examiner of drivers by the requirements of
 
 2           subsection (b); and
 
 3      (4)  The actual demonstration of ability to exercise
 
 4           ordinary and reasonable control in the operation of a
 
 5           motor vehicle, provided that this requirement shall be
 
 6           substituted at the discretion of the examiner of
 
 7           drivers by the requirements of subsection (b).
 
 8 The examinations shall be appropriate to the operation of the
 
 9 category of motor vehicle for which the applicant seeks to be
 
10 licensed and shall be conducted as required by the director.
 
11      The examiner of drivers may waive the actual demonstration
 
12 of ability to operate a motorcycle or motor scooter for any
 
13 person who furnishes evidence, to the satisfaction of the
 
14 examiner of drivers, that the person has completed the motorcycle
 
15 education course approved by the director in accordance with
 
16 section 431:10G-104.
 
17      At the time of examination, an application of voter
 
18 registration by mail shall be made available to every applicant
 
19 for a driver's license.
 
20      For the purposes of this section, the term "applicant" does
 
21 not include any person reactivating a license under section 286-
 
22 107.5(a).
 
23      (b)  the examiner of drivers shall require proof that the
 

 
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 1 applicant has completed a behind-the-wheel driver training course
 
 2 certified by the director of transportation.
 
 3      [(b)](c)  The examiner of drivers may waive the actual
 
 4 demonstration of ability to operate a motor vehicle for any
 
 5 person who is at least eighteen years of age and who possesses a
 
 6 valid driver's license issued to the applicant in any other state
 
 7 of the United States, the District of Columbia, the Commonwealth
 
 8 of Puerto Rico, American Samoa, Guam, a province of the Dominion
 
 9 of Canada, or the Commonwealth of the Northern Mariana Islands
 
10 for the operation of vehicles in categories 1 through 3 of
 
11 section 286-102.
 
12      [(c)](d)  As part of the examination required by this
 
13 section, the applicant for a driver's license shall produce and
 
14 display a valid motor vehicle or liability insurance
 
15 identification card for the motor vehicle required by sections
 
16 431:10C-107 and 431:10G-106, when the applicant demonstrates the
 
17 ability to operate a motor vehicle to the satisfaction of the
 
18 examiner of drivers.  If no valid motor vehicle or liability
 
19 insurance identification card is displayed, the examiner of
 
20 drivers shall not issue a driver's license to the applicant."
 
21      SECTION 3.  Section 286-110, Hawaii Revised Statutes, is
 
22 amended by amending subsection (b) to read as follows:
 
23      "(b) The examiner of drivers shall examine every applicant
 

 
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 1 for an instruction permit.  Prior to examination, the examiner of
 
 2 drivers shall be provided with proof that the applicant has
 
 3 completed a driver education course certificated by the director
 
 4 of transportation.  The examination shall include tests of the
 
 5 applicant's[:
 
 6      (1)  Eyesight] eyesight and other physical or mental
 
 7           capabilities to determine if the applicant is capable
 
 8           of operating a motor vehicle[;
 
 9      (2)  Understanding of highway regulations, warning, and
 
10           directing traffic; and
 
11      (3)  Knowledge of the traffic laws, ordinances, or
 
12           regulations of the State and the county where the
 
13           applicant resides or intends to operate a motor
 
14           vehicle]."
 
15      SECTION 4.  Section 286-124, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "Section 286-124.  Mandatory revocation of license by a
 
18 court.  (a)  Any court of competent jurisdiction shall forthwith
 
19 revoke the license of any driver upon a conviction of the driver
 
20 of manslaughter resulting from the operation of a motor vehicle.
 
21      (b)  Notwithstanding any provisions in section 286-104 to
 
22 the contrary, a court of competent jurisdiction shall forthwith
 
23 revoke the license of any driver under the age of 18 at the time
 

 
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 1 of the offense, convicted of or found to have committed, whether
 
 2 by adjudication or default, a violation of this part or any
 
 3 traffic law or regulation of the state or any political
 
 4 subdivision thereof, relating to traffic movement and control,
 
 5 including all traffic infractions as defined in section 291D-2,
 
 6 with the exception of parking, standing, and equipment offenses
 
 7 and offenses by pedestrians, for the following periods:
 
 8      (1)  Six months for the first offense, or the revocation
 
 9           period specified for the offense whichever is greater;
 
10           and
 
11      (2)  One year for the second or subsequent offense or the
 
12           revocation period specified for the offense, whichever
 
13           is greater.
 
14 At the conclusion of the revocation, the driver must comply with
 
15 all requirements of part VI of chapter 286, in order to be issued
 
16 a driver's license."
 
17      SECTION 5.  Section 291D-5 is amended by amending subsection
 
18 (b) to read as follows:
 
19      "(b)  The form for the notice of traffic infraction shall be
 
20 prescribed by rules of the district court which shall be uniform
 
21 throughout the State.  Except in the case of traffic infractions
 
22 involving parking, the notice shall include the following:
 
23      (1)  A statement of the specific traffic infraction,
 

 
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 1           including a brief statement of facts, for which the
 
 2           notice was issued;
 
 3      (2)  A statement of the monetary assessment, established for
 
 4           the particular traffic infraction, pursuant to section
 
 5           291D-9, to be paid by the driver which shall be uniform
 
 6           throughout the State;
 
 7      (3)  A statement of the options provided in section
 
 8           291D-6(b) for answering the notice and the procedures
 
 9           necessary to exercise the options;:
 
10      (4)  A statement that the person to whom the notice is
 
11           issued must answer, choosing one of the options
 
12           specified in section 291D-6(b), within fifteen days;
 
13      (5)  A statement that failure to answer the notice of
 
14           traffic infraction within fifteen days shall result in
 
15           the entry of judgment by default for the State and a
 
16           late penalty assessed and, if the driver fails to pay
 
17           the monetary assessment within an additional thirty
 
18           days or otherwise take action to set aside the default,
 
19           notice to the director of finance of the appropriate
 
20           county that the person to whom the notice was issued
 
21           shall not be permitted to renew or obtain a driver's
 
22           license or, where the notice was issued to a motor
 
23           vehicle, the registered owner will not be permitted to
 

 
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 1           register, renew the registration of, or transfer title
 
 2           to the motor vehicle until the traffic infraction is
 
 3           finally disposed of pursuant to this chapter;
 
 4      (6)  A statement that, at a hearing to contest the notice of
 
 5           traffic infraction conducted pursuant to section 291D-8
 
 6           or in consideration of a written statement contesting
 
 7           the notice of traffic infraction, no officer will be
 
 8           present unless the driver timely requests the court to
 
 9           have the officer present.  The standard of proof to be
 
10           applied by the court is whether a preponderance of the
 
11           evidence proves that the specified traffic infraction
 
12           was committed;
 
13      (7)  A statement that, at a hearing requested for the
 
14           purpose of explaining mitigating circumstances
 
15           surrounding the commission of the infraction or in
 
16           consideration of a written request for mitigation, the
 
17           person will be considered to have committed the traffic
 
18           infraction;
 
19      (8)  A statement that a driver under the age of 18 found to
 
20           have committed, whether by adjudication or default, a
 
21           traffic infraction, with the exception of parking,
 
22           standing and equipment offenses, and offenses by
 
23           pedestrians, shall have his or her license revoked
 

 
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 1           pursuant to section 286-124(b);
 
 2     [(8)] (9)  A space in which the driver' signature, current
 
 3           address, and driver's license number may be affixed;
 
 4           and
 
 5      [(9)](10)  The date, time and place at which the driver must
 
 6 appear in court if the driver chooses to go to hearing."
 
 7      SECTION 6.  The director of transportation is directed to
 
 8 establish and certify a statewide driver education program and
 
 9 behind-the-wheel driver training program, to include the number
 
10 of course hours, curriculum, and certification of teachers and
 
11 third-party examiners.  The director of transportation is also
 
12 directed to set a cost for the programs to enable the programs to
 
13 be self-sufficient.  The director of transportation shall adopt
 
14 rules pursuant to chapter 91 necessary for the purposes of this
 
15 part.
 
16      SECTION 7.  Anyone holding a learner's permit when this Act
 
17 becomes effective is subject to the provisions herein and must
 
18 complete a behind-the-wheel driving course before obtaining a
 
19 driver's license.  Anyone under the age of 18 holding a driver's
 
20 license at the time this Act becomes effective may retain his or
 
21 her license but is otherwise subject to the provisions herein
 
22 including the nighttime curfew.
 

 
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 1      SECTION 8.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 9.  This Act shall take effect on January 1, 2001.
 
 4 
 
 5                           INTRODUCED BY:  _______________________
 

 
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