REPORT TITLE: 
Driver's Education; Night
driving provisions 


DESCRIPTION:
Gives the department of transportation an additional year to
effectuate Act 175, SLH 1999 (which provides for a statewide
driver education program and behind-the-wheel driver training
program).  Provides for night driving provisions for licensed
drivers under 18 years of age.    (SD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1758
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                               
__________________________________________________________________
__________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO MOTOR VEHICLE DRIVER LICENSING.



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

 1      SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§286-    Night driving provisions for licensed drivers
 
 5 under eighteen years of age.  (a)  A person who is at least
 
 6 sixteen years of age but under eighteen years of age and who has
 
 7 been granted a license upon satisfying the requirements of
 
 8 sections 286-108 and 286-109 shall comply with the following:
 
 9      (1)  Whenever the person is driving after 11:00 p.m. or
 
10           before 5:00 a.m., another person, who is at least
 
11           twenty-one years of age and who is licensed to operate
 
12           the category of motor vehicles that is being operated,
 
13           shall be in the motor vehicle at all times with the
 
14           person granted a license; and
 
15      (2)  All occupants of the motor vehicle shall wear safety
 
16           belts when the person is driving.
 
17      (b)  A person with a license but who is under eighteen years
 
18 of age may drive between the hours of 11:00 p.m. and 5:00 a.m. or
 
19 transport an immediate family member without being accompanied
 

 
Page 2                                                     1758
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 and supervised by a licensed driver who is the person's parent or
 
 2 guardian, or a licensed driver who is at least twenty-one years
 
 3 of age, in the following circumstances:
 
 4      (1)  To attend school or school authorized activities when
 
 5           reasonable transportation facilities are inadequate and
 
 6           operation of a vehicle by the person is necessary as
 
 7           verified in a signed statement from a parent or legal
 
 8           guardian that shall be kept in the person's possession
 
 9           while operating the vehicle;
 
10      (2)  For employment purposes when reasonable transportation
 
11           facilities are inadequate and operation of a vehicle by
 
12           the person is necessary as verified in a signed
 
13           statement from the employer that shall be kept in the
 
14           person's possession while operating the vehicle; and
 
15      (3)  Where the person is an emancipated minor.
 
16      (c)  If a person who is at least sixteen years of age but
 
17 under eighteen years of age:
 
18      (1)  Fails to meet the requirements found in subsection (a)
 
19           or (b);
 
20      (2)  Is involved in a motor vehicle collision as a result of
 
21           the operation of a motor vehicle and is determined to
 
22           be at fault; or
 
23      (3)  Is convicted for an offense governing the operation of
 

 
Page 3                                                     1758
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           a motor vehicle,
 
 2 the license shall be suspended or revoked by a judge having
 
 3 jurisdiction over the person.
 
 4      (d)  If suspension or revocation of the license occurs under
 
 5 subsection (c), the person shall not be eligible to operate a
 
 6 motor vehicle on the highway through either reissuance of a
 
 7 license or issuance of a driver's license, until:
 
 8      (1)  The person is seventeen and one-half years of age; or
 
 9      (2)  At least six months have elapsed since the date of the
 
10           completion of the suspension of the license; or
 
11      (3)  The date of reinstatement of the suspended or revoked
 
12           license pursuant to court order or section 286-104."
 
13      SECTION 2.  Act 175, Session Laws of Hawaii 1999, is amended
 
14 as follows:
 
15      1.  By amending section 2 to read:
 
16      "SECTION 2. Section 286-108, Hawaii Revised Statutes, is
 
17 amended by amending subsections (a) and (b) to read as follows:
 
18      "(a) Except as provided in section 286-107.5(a), the
 
19 examiner of drivers shall examine every applicant for a driver's
 
20 license, except as otherwise provided in this part.  The
 
21 examination shall include a test of:
 
22      (1)  The applicant's eyesight and any further physical
 
23           examination that the examiner of drivers finds
 

 
Page 4                                                     1758
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1           necessary to determine the applicant's fitness to
 
 2           operate a motor vehicle safely upon the highways;
 
 3      (2)  The applicant's ability to understand highway signs
 
 4           regulating, warning, and directing traffic;
 
 5      (3)  The applicant's knowledge of the rules of the road
 
 6           based on the traffic laws of the State and the traffic
 
 7           ordinances of the county where the applicant resides or
 
 8           intends to operate a motor vehicle; and
 
 9      (4)  The actual demonstration of ability to exercise
 
10           ordinary and reasonable control in the operation of a
 
11           motor vehicle.
 
12 The examinations shall be appropriate to the operation of the
 
13 category of motor vehicle for which the applicant seeks to be
 
14 licensed and shall be conducted as required by the director.
 
15      The examiner of drivers may waive the actual demonstration
 
16 of ability to operate a motorcycle or motor scooter for any
 
17 person who furnishes evidence, to the satisfaction of the
 
18 examiner of drivers, that the person has completed the motorcycle
 
19 education course approved by the director in accordance with
 
20 section 431:10G-104.
 
21      At the time of examination, an application for voter
 
22 registration by mail shall be made available to every applicant
 
23 for a driver's license.
 

 
Page 5                                                     1758
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      For the purposes of this section, the term "applicant" does
 
 2 not include any person reactivating a license under section
 
 3 286-107.5(a).
 
 4      (b)  The examiner of drivers [shall]:
 
 5           (1) Shall require proof from every applicant under the
 
 6           age of eighteen that the applicant has completed a
 
 7           driver education program and a behind-the-wheel driver
 
 8           training course certified by the director of
 
 9           transportation[.  The examiner of drivers shall]; and
 
10           (2) Shall not examine any applicant for a driver's
 
11           license who is sixteen through seventeen years of age
 
12           unless the applicant holds a valid instruction permit
 
13           under section 286-110, for a period of no fewer than
 
14           ninety days."
 
15      2.  By amending section 6 to read: 
 
16      "SECTION 6.  This Act shall take effect on
 
17 January 1,2001[.], except that the following shall take effect on
 
18 January 1, 2002:
 
19      (1)  Section 286-108(b)(1), Hawaii Revised Statutes, as set
 
20           forth in section 2 of this Act; and
 
21      (2)  Section 4 of this Act."
 
22      SECTION 3.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
Page 6                                                     1758
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval,
 
 2 except that SECTION 1 shall take effect on January 1, 2001.