REPORT TITLE:
Graduated Drivers License


DESCRIPTION:
Amends the motor vehicle driver licensing law by raising the
minimum age for eligibility to obtain an instruction permit from
15 to 16 years old, changing the instruction permit duration to 5
years, and adding conditions to the driver's privileges; creates
an intermediate license with restrictive driving conditions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
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-     Intermediate driver's license.  (a)  A person may
 
 5 apply for and be issued an intermediate driver's license by the
 
 6 examiner of drivers provided that:
 
 7      (1)  The applicant has retained a valid instruction permit
 
 8           for a period of at least one year; and
 
 9      (2)  The applicant passes an examination administered by the
 
10           examiner of drivers.
 
11      (b)  An intermediate license shall be valid for the
 
12 remainder of the five year period for which the instruction
 
13 permit was valid.
 
14      (c)  The holder of an intermediate driver's license shall
 
15 not have:
 
16      (1)  More than      grams of alcohol per one hundred
 
17           mililiters or cubic centimeters of blood nor more than
 
18           grams of alcohol per two hundred ten liters of breath
 
19           at any time while operating a motor vehicle; and
 

 
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 1      (2)  Not have a number of passengers exceeding the number of
 
 2           operable seat belts.
 
 3      (d)  The holder of an intermediate driver's license shall
 
 4 not be subject to the conditions set forth in subsection (c) and
 
 5 shall be issued a new driver's license pursuant to section
 
 6 286-109 if the holder:
 
 7      (1)  Has retained a valid intermediate driver's license for
 
 8           at least one year; and
 
 9      (2)  Passes an examination administered by the examiner of
 
10           drivers."
 
11      SECTION 2.  Section 286-102, Hawaii Revised Statutes, is
 
12 amended by amending subsection (a) to read as follows:
 
13      "(a)  No person, except one exempted under section 286-105,
 
14 one who holds an instruction permit under section 286-110, one
 
15 who holds an intermediate driver's license under section
 
16 286-    , one who holds a commercial driver's license issued
 
17 under section 286-239, or a commercial driver's license
 
18 instruction permit issued under section 286-236, shall operate
 
19 any category of motor vehicles listed in this section without
 
20 first being appropriately examined and duly licensed as a
 
21 qualified driver of that category of motor vehicles."
 
22      SECTION 3.  Section 286-104, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 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;
 

 
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 1           provided that a person who is [fifteen to seventeen
 
 2           years of age may be granted a license upon satisfying
 
 3           the requirements of sections 286-108 and 286-109, which
 
 4           license shall be valid for four years and may be
 
 5           suspended or revoked by a judge having jurisdiction
 
 6           over the holder of the license.  Upon revocation of the
 
 7           license, the person shall not be eligible to operate a
 
 8           motor vehicle on the highway until the person is
 
 9           eighteen years of age and has again satisfied the
 
10           requirements of sections 286-108 and 286-109] at least
 
11           sixteen years of age may be granted an instruction
 
12           permit under section 286-110 and a person who is at
 
13           least seventeen year of age may be granted an
 
14           intermediate driver's license under section 286-    .
 
15      Any person denied a license under this or any other section
 
16 of this part shall have a right of appeal as provided in section
 
17 286-129."
 
18      SECTION 4.  Section 286-109, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "§286-109  General provision governing the issuance of
 
21 licenses.  Upon payment of the required fee and upon
 
22 demonstrating the ability to operate a certain category or
 
23 categories of motor vehicles to the satisfaction of the examiner
 

 
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 1 of drivers, an applicant for a driver's license shall be issued a
 
 2 single license of a design approved by the director of
 
 3 transportation upon which is made a notation of the category or
 
 4 categories of motor vehicles the applicant may operate, any
 
 5 restrictive provisions to which the license is subject, and,
 
 6 where the license is issued to a person under twenty-one years of
 
 7 age, a statement, in clearly legible print that shall contrast
 
 8 with the other information appearing on the license, which
 
 9 indicates the date on which the person will attain the age of
 
10 twenty-one years.
 
11      Statutes of limitations and other provisions of this chapter
 
12 notwithstanding, no driver's license, intermediate driver's
 
13 license, or instruction permit shall be issued or renewed under
 
14 this section, where the examiner of drivers is notified by the
 
15 district judge, traffic violations bureaus of the district
 
16 courts, or the judge of the circuit court that the applicant has
 
17 failed to respond to a traffic citation or summons for the
 
18 violation of any traffic laws of a county, this chapter or
 
19 [chapters] chapter 286G, 287, 290, 291, or 291C, and the same
 
20 remains delinquent and outstanding, or the applicant, having
 
21 timely responded initially, has as of the time of the
 
22 application, failed to comply in full with all orders of the
 
23 court."
 

 
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 1      SECTION 5.  Section 286-110, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsection (a) to read:
 
 4      "(a)  Any person who[, except for the person's lack of
 
 5 instruction in operating a motor vehicle, would be qualified to
 
 6 obtain a driver's license issued under this part] is at least
 
 7 sixteen years old may apply for a temporary instruction permit at
 
 8 the office of the examiner of drivers in the county in which the
 
 9 applicant resides."
 
10      2.  By amending subsections (c) and (d) to read:
 
11      "(c)  If the examiner of drivers is satisfied that the
 
12 applicant is qualified to receive an instruction permit, the
 
13 examiner of drivers shall issue the permit entitling the
 
14 applicant, while having the permit in the applicant's immediate
 
15 possession, to drive a motor vehicle upon the highways for a
 
16 period of [one hundred eighty days; provided that an applicant
 
17 who is registered in a driver training course shall be issued a
 
18 temporary instruction permit for the duration of the course and
 
19 the termination date of the course shall be entered on the
 
20 permit.] five years.
 
21      (d)  Except when operating a motor scooter or motorcycle,
 
22 the holder of a temporary instruction permit shall [be
 
23 accompanied]:
 

 
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 1      (1)  Be accompanied by a person [who is eighteen years of
 
 2           age or older and] licensed for at least four years to
 
 3           operate the category of motor vehicles in which the
 
 4           motor vehicle which is being operated belongs.  The
 
 5           licensed person shall occupy a seat as near the permit
 
 6           holder as is practical while the motor vehicle is being
 
 7           so operated[.];
 
 8      (2)  Not have more than      grams of alcohol per one
 
 9           hundred mililiters or cubic centimeters of blood nor
 
10           more than      grams of alcohol per two hundred ten
 
11           liters of breath at all times during operation of a
 
12           motor vehicle;
 
13      (3)  Not have a number of passengers exceeding the number of
 
14           operable seat belts; and
 
15      (4)  Between the hours of midnight and 5:00 a.m., be
 
16           prohibited from operating a motor vehicle."
 
17      SECTION 6.  Section 286-111, Hawaii Revised Statutes, is
 
18 amended by amending the title and subsection (a) to read as
 
19 follows:
 
20      "§286-111  Application for license, intermediate license, or
 
21 instruction permit; fees.(a)  Every application for an
 
22 instruction permit, intermediate driver's license, or for a
 
23 driver's license shall be made upon a form furnished by the
 

 
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 1 examiner of drivers and shall be verified by the applicant before
 
 2 a person authorized to administer oaths.  The examiner of drivers
 
 3 and officers serving under the examiner are hereby authorized to
 
 4 administer [such] the oaths without charge.  Each application for
 
 5 an instruction permit or an intermediate driver's license for a
 
 6 category (1), (2), (3), or (4) license shall be accompanied by a
 
 7 fee to be determined by the council of each county and each
 
 8 application for a driver's license shall be accompanied by the
 
 9 fee, unless the applicant has already paid the fee upon
 
10 application for an instruction permit or intermediate driver's
 
11 license in the same county, in which event no fee shall be
 
12 chargeable.  An additional fee to be determined by the council of
 
13 each county shall be charged and collected upon the issuance of a
 
14 driver's license.  All the foregoing fees shall become county
 
15 realizations."
 
16      SECTION 7.  Section 286-112, Hawaii Revised Statutes, is
 
17 amended by amending subsections (a) and (b) to read as follows:
 
18      "(a)  The application of any person under the age of
 
19 eighteen years for an instruction permit, intermediate driver's
 
20 license, or driver's license shall be signed and verified before
 
21 a person authorized to administer oaths by the appropriate one of
 
22 the following:
 
23      (1)  If both the father and mother of the applicant have
 

 
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 1           custody of the applicant, by both the father and mother
 
 2           of the applicant; or
 
 3      (2)  If only one parent has custody of the applicant, by the
 
 4           custodial parent; or
 
 5      (3)  If neither parent has custody of the applicant, and the
 
 6           applicant has a custodial guardian or has custodial
 
 7           guardians, by the custodial guardian or by all the
 
 8           custodial guardians; or
 
 9      (4)  If neither parent has custody of the applicant, and the
 
10           applicant has no custodial guardian, by an employer of
 
11           the applicant or by any responsible person who is
 
12           willing to assume the obligation imposed under this
 
13           part upon a person signing the application of a minor.
 
14      (b)  Any negligence or misconduct of a minor under the age
 
15 of eighteen years when driving a motor vehicle upon a highway
 
16 shall be imputed to the person who has signed the application of
 
17 the minor for [a] an instruction permit or intermediate driver's
 
18 license, which person shall be jointly and severally liable with
 
19 the minor for any damages caused by such negligence or
 
20 misconduct."
 
21      SECTION 8.  Section 286-113, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "§286-113  Release from liability.  Any person who has
 

 
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 1 signed the application of a minor for an instruction permit or
 
 2 [driver's] intermediate driver's license may file with the
 
 3 examiner of drivers a verified written request that the permit or
 
 4 license of the minor be canceled, together with the permit or
 
 5 license issued.  Upon receipt of the request, the examiner of
 
 6 drivers shall cancel the instruction permit or intermediate
 
 7 driver's license of the minor and the person who has signed the
 
 8 application of the minor shall be relieved from the liability
 
 9 imposed under this part on account of any subsequent negligence
 
10 or willful misconduct of the minor in operating a motor vehicle.
 
11 Nothing herein shall be construed to limit the liability of
 
12 parents for the torts of their child as provided in chapter 577."
 
13      SECTION 9.  Section 286-114, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§286-114  Revocation of intermediate driver's license or
 
16 instruction permit upon death of person signing minor's
 
17 application.  The examiner of drivers upon receipt of
 
18 satisfactory evidence of the death of a person who signed the
 
19 application of a minor for an instruction permit or [a]
 
20 intermediate driver's license shall cancel the permit or license
 
21 and shall not issue a new permit or intermediate driver's license
 
22 until such time as a new application duly signed and verified
 
23 shall be made as required by this part.  Upon cancelling the
 

 
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 1 instruction permit or intermediate driver's license, the examiner
 
 2 of drivers shall notify the minor to surrender the permit or
 
 3 intermediate driver's license.  If the death occurs after the
 
 4 minor has reached majority, this section shall not apply."
 
 5      SECTION 10.  Section 286-117, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§286-117  Duplicate instruction permits, intermediate
 
 8 licenses, and driver's licenses.  The holder of an instruction
 
 9 permit, intermediate driver's license, or driver's license may
 
10 upon payment of the reasonable cost of its issuance obtain a
 
11 duplicate; provided that the holder shall surrender the original
 
12 permit or license or furnish satisfactory proof of loss or
 
13 destruction of the same.
 
14      The chief of police or a police officer shall notify a
 
15 holder that the holder's instruction permit, intermediate
 
16 driver's license, or driver's license is illegible and that the
 
17 holder shall within ten days surrender the holder's license and
 
18 apply for a duplicate.  Upon failure to comply with a notice to
 
19 surrender an illegible instruction permit, intermediate driver's
 
20 license, or driver's license and apply for a duplicate, the
 
21 person to whom the permit or license is issued shall be subject
 
22 to the punishment in section 286-136."
 
23      SECTION 11.  Section 286-251, Hawaii Revised Statutes, is
 

 
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 1 amended by amending the definitions of "administrative
 
 2 revocation", "alcohol enforcement contact", and "license" to read
 
 3 as follows:
 
 4      ""Administrative revocation" means termination of the
 
 5 arrestee's instruction permit, intermediate driver's license, or
 
 6 driver's license pursuant to this part and does not include any
 
 7 revocation imposed under section 291-4 or 291-4.4.
 
 8      "Alcohol enforcement contact" means any administrative
 
 9 revocation ordered pursuant to this part; any instruction permit,
 
10 intermediate driver's license, or driver's license suspension or
 
11 revocation imposed by this or any other state or federal
 
12 jurisdiction for refusing to submit to a test for alcohol
 
13 concentration in the person's blood; or any conviction in this or
 
14 any other state or federal jurisdiction for driving, operating,
 
15 or being in physical control of a motor vehicle while having an
 
16 unlawful concentration of alcohol in the blood, or while under
 
17 the influence of alcohol.
 
18      "License" means any driver's license or any other license or
 
19 permit to operate a motor vehicle issued under, or granted by,
 
20 the laws of this State and includes:
 
21      (1)  Any learner's permit [or], instruction permit[;], or
 
22           intermediate driver's license;
 
23      (2)  The privilege of any person to drive a motor vehicle
 

 
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 1           regardless of whether the person holds a valid license;
 
 2      (3)  Any nonresident's operating privilege; and
 
 3      (4)  The eligibility, including future eligibility, of any
 
 4           person to apply for the privilege to drive a motor
 
 5           vehicle."
 
 6      SECTION 12.  Section 291C-194, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (b) to read as follows:
 
 8      "(b)  The driver of a moped shall, upon the demand of a
 
 9 police officer, exhibit the [driver's] person's driver's license,
 
10 intermediate license, or instruction permit."
 
11      SECTION 13.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 14.  This Act shall take effect on January 1, 1999.
 
14 
 
15                           INTRODUCED BY:  _______________________