REPORT TITLE:
Graduated Driver Licensing


DESCRIPTION:
Establishes a graduated driver licensing program for teen-aged
drivers.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1921
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO GRADUATED DRIVER LICENSING.



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

 1      SECTION 1.  Purpose.  The legislature finds that the leading
 
 2 cause of death among teenagers old enough to drive is traffic
 
 3 accidents.  Numerous studies, including the National Conference
 
 4 of State Legislatures' "Teens and Traffic - Reducing the Risk",
 
 5 have shown the over-representation of teenagers in traffic crash
 
 6 statistics.  Teen-aged drivers comprised ten per cent of the U.S.
 
 7 population in 1996, but accounted for fifteen per cent of vehicle
 
 8 occupant deaths.  Almost six thousand teens die each year in
 
 9 traffic related accidents.
 
10      The legislature finds that other states have successfully
 
11 addressed the problem of teen driving by developing a graduated
 
12 licensing program.  These states have enjoyed improved highway
 
13 safety by progressively requiring teenagers to develop and
 
14 improve their skills in the safest possible environment, thereby
 
15 reducing the number of teen vehicle crashes, injuries, and
 
16 deaths.
 
17      The purpose of this Act is to establish a graduated
 
18 licensing program for teen-aged drivers in Hawaii.
 
19      SECTION 2.  Chapter 286 is amended by adding a new section
 

 
Page 2                                                     1921
                                     H.B. NO.           
                                                        
                                                        

 
 1 to be appropriately designated and to read as follows:
 
 2      "§286-    Driving restrictions; drivers under eighteen years
 
 3 of age.  Licensed motor vehicle drivers who are under eighteen
 
 4 years of age shall not operate a motor vehicle:
 
 5      (1)  Between the hours of 9:00 p.m. and 5:00 a.m. for
 
 6           drivers sixteen years of age, and 11:00 p.m. and 5:00
 
 7           a.m. for drivers seventeen years of age, except in
 
 8           emergency situations;
 
 9      (2)  With passengers whose number exceed the seatbelts
 
10           originally provided by the manufacturer of the motor
 
11           vehicle; provided that no more than two passengers
 
12           shall be under eighteen years of age; and
 
13      (3)  Unless all seatbelts are properly secured by all
 
14           passengers in the motor vehicle.
 
15      In addition to any other penalty provided by law, violation
 
16 of this section shall result in a six-month suspension of the
 
17 driver's license.  A second violation shall result in the
 
18 revocation of the driver's license.  If not inconsistent with any
 
19 other penalty provided by law or court order, the driver may
 
20 reapply for a license after attaining the age of twenty-one and
 
21 satisfying the requirements of section 286-108 and 286-109."
 
22      SECTION 3.  Section 286-104, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 3                                                     1921
                                     H.B. NO.           
                                                        
                                                        

 
 1      "§286-104  What persons shall not be licensed.  The examiner
 
 2 of drivers shall not issue any license hereunder:
 
 3      (1)  To any person whose license has been suspended by a
 
 4           court of competent jurisdiction during the suspension
 
 5           period; nor to any person whose license has been
 
 6           revoked until the expiration of one year after the date
 
 7           of the revocation, or until the expiration of the
 
 8           period of revocation specified by law, whichever is
 
 9           greater; nor to any person who, while unlicensed, has
 
10           within two years been convicted of driving under the
 
11           influence of alcohol or drugs;
 
12      (2)  To any person who is required by this part to take an
 
13           examination, unless such person has successfully passed
 
14           the examination;
 
15      (3)  To any person who is required under the motor vehicle
 
16           financial responsibility laws of this State to deposit
 
17           proof of financial responsibility and who has not
 
18           deposited such proof;
 
19      (4)  To any person when the examiner of drivers has good
 
20           cause to believe that such person by reason of physical
 
21           or mental disability would not be able to operate a
 
22           motor vehicle with safety upon the highways; or
 
23      (5)  To any person who is under eighteen years of age;
 

 
Page 4                                                     1921
                                     H.B. NO.           
                                                        
                                                        

 
 1           provided that a person who is fifteen years and six
 
 2           months may be granted an instruction permit[;], which
 
 3           may be suspended or revoked by a judge having
 
 4           jurisdiction over the person; and provided further that
 
 5           a person who is sixteen to seventeen years of age may
 
 6           be granted a license upon satisfying the requirements
 
 7           of sections 286-108 and 286-109, which license shall be
 
 8           valid for four years and may be suspended or revoked by
 
 9           a judge having jurisdiction over the holder of the
 
10           license.  Upon revocation of [the] a permit or license,
 
11           the person shall not be eligible to operate a motor
 
12           vehicle on the highway [until the person is eighteen
 
13           years of age and has again satisfied the requirements
 
14           of sections 286-108 and 286-109.] pursuant to section
 
15           286-110(g), 286-   , or other applicable law.
 
16      Any person denied a license under this or any other section
 
17 of this part shall have a right of appeal as provided in section
 
18 286-129."
 
19      SECTION 4.  Section 286-108, Hawaii Revised Statutes, is
 
20 amended by amending subsection (b) to read as follows:
 
21      "(b)  The examiner of drivers shall require proof from every
 
22 applicant under the age of eighteen that the applicant has
 
23 completed a driver education program and a behind-the-wheel
 

 
Page 5                                                     1921
                                     H.B. NO.           
                                                        
                                                        

 
 1 driver training course certified by the director of
 
 2 transportation.  The examiner of drivers shall not examine any
 
 3 applicant for a driver's license who is [sixteen through
 
 4 seventeen] under eighteen years of age unless the applicant holds
 
 5 a valid instruction permit under section 286-110, for a period of
 
 6 no fewer than [ninety] one hundred eighty days."
 
 7      SECTION 5.  Section 286-110, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§286-110  Instruction permits.(a)  Any person aged
 
10 fifteen years and six months or more who, except for the person's
 
11 lack of instruction in operating a motor vehicle, would be
 
12 qualified to obtain a driver's license issued under this part may
 
13 apply for a temporary instruction permit at the office of the
 
14 examiner of drivers in the county in which the applicant resides.
 
15      (b)  The examiner of drivers shall examine every applicant
 
16 for an instruction permit.  The examination shall include tests
 
17 of the applicant's:
 
18      (1)  Eyesight and other physical or mental capabilities to
 
19           determine if the applicant is capable of operating a
 
20           motor vehicle;
 
21      (2)  Understanding of highway signs regulating, warning, and
 
22           directing traffic; and
 
23      (3)  Knowledge of the traffic laws, ordinances, or
 

 
Page 6                                                     1921
                                     H.B. NO.           
                                                        
                                                        

 
 1           regulations of the State and the county where the
 
 2           applicant resides or intends to operate a motor
 
 3           vehicle.
 
 4      (c)  If the examiner of drivers is satisfied that the
 
 5 applicant is qualified to receive an instruction permit, the
 
 6 examiner of drivers shall issue the permit entitling the
 
 7 applicant, while having the permit in the applicant's immediate
 
 8 possession, to drive a motor vehicle upon the highways for a
 
 9 period of one hundred eighty days; provided that an applicant who
 
10 is registered in a driver training course shall be issued a
 
11 temporary instruction permit for the duration of the course and
 
12 the termination date of the course shall be entered on the
 
13 permit.  A person who is not licensed to operate the category of
 
14 motor vehicles to which the driving training course applies shall
 
15 not operate a motor vehicle in connection with the driving
 
16 training course without a valid temporary instruction permit.
 
17      (d)  Except as provided under subsection (g) or when
 
18 operating a motor scooter or motorcycle, the holder of a
 
19 temporary instruction permit shall be accompanied by a person who
 
20 is eighteen years of age or older and licensed to operate the
 
21 category of motor vehicles in which the motor vehicle which is
 
22 being operated belongs.  The licensed person shall occupy a seat
 
23 as near the permit holder as is practical while the motor vehicle
 

 
Page 7                                                     1921
                                     H.B. NO.           
                                                        
                                                        

 
 1 is being so operated.
 
 2      (e)  No holder of a temporary instruction permit shall
 
 3 operate a motorcycle or a motor scooter during hours of darkness
 
 4 or carry any passengers.
 
 5      (f)  No holder of a temporary instruction permit for the
 
 6 operation of a motorcycle or motor scooter shall have the permit
 
 7 renewed more than once, nor shall the holder be issued another
 
 8 temporary instruction permit for the same purpose, unless the
 
 9 holder has taken the examination for a motorcycle or motor
 
10 scooter license at least once prior to the expiration of the
 
11 second temporary instruction permit and at least once prior to
 
12 the expiration of each subsequent temporary instruction permit
 
13 issued thereafter.  If the holder of a temporary instruction
 
14 permit fails to meet the requirements of this section, the holder
 
15 shall not be permitted to apply for another temporary instruction
 
16 permit for a motor scooter or motorcycle for a period of three
 
17 months.  Nothing in this subsection shall affect the rights and
 
18 privileges of any holder of a temporary instruction permit for
 
19 the operation of a motorcycle or motor scooter from obtaining a
 
20 temporary instruction permit or driver's license for the
 
21 operation of any other type of motor vehicle.
 
22      (g)  Any holder of an instruction permit who is under the
 
23 age of eighteen, shall not operate a motor vehicle:
 

 
Page 8                                                     1921
                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  Between the hours of 8:00 p.m. and 6:00 a.m.;
 
 2      (2)  Without a licensed person (accompanying the holder) who
 
 3           is:
 
 4           (A)  An instructor of a driver's education course
 
 5                approved by the department of education or the
 
 6                department of transportation; or
 
 7           (B)  A person at least twenty-one years of age who
 
 8                holds a valid driver's license of the type
 
 9                required to operate the motor vehicle;
 
10           and who shall occupy the front seat next to the driver.
 
11      (3)  With passengers whose number exceed the seatbelts
 
12           originally provided by the manufacturer of the motor
 
13           vehicle; provided that the middle seat next to the
 
14           driver shall remain unoccupied; and
 
15      (4)  Unless all seatbelts are properly secured by all
 
16           passengers in the motor vehicle.
 
17      In addition to any other penalty provided by law, a
 
18 violation of this subsection shall result in a six-month
 
19 suspension of the holder's instruction permit.  A second
 
20 violation shall result in the revocation of the holder's
 
21 instruction permit.  If not inconsistent with any other penalty
 
22 provided by law or court order, the holder may reapply for an
 
23 instruction permit or apply for a driver's license pursuant to
 

 
Page 9                                                     1921
                                     H.B. NO.           
                                                        
                                                        

 
 1 applicable law, after attaining the age of twenty-one."
 
 2      SECTION 6.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 7.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________