Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 211 entitled:

begs leave to report as follows:

The purpose of this measure is to require that all drivers under eighteen years of age be accompanied by a licensed driver over twenty-one years of age when driving between 11:00 p.m. and 5:00 a.m., with limited exceptions.

Written testimony in support of this measure was received from the department of transportation, the judiciary, the department of health, Mothers Against Drunk Driving (MADD), and the Honolulu police department. In addition, State Farm Insurance Company and the Waianae Coast Comprehensive Health Center testified orally in support of this measure.

Due to their inexperience and immaturity, young drivers often exercise poor driving judgment and engage in high-risk driving behavior, particularly at night. Your Committee finds that this measure will promote public safety by allowing more experienced drivers to teach young drivers better responsibility, judgment, and technical driving ability.

Based on the testimony received from the judiciary, your Committee amended this measure to clarify the circumstances under which a judge may revoke or suspend the license of a person under age eighteen under this bill.

Your Committee deleted the provision allowing revocation of a license if the minor is in a collision and found to be "at fault," due to the ambiguity surrounding the term "fault" and how that determination would be made. Your Committee also replaced the word "convicted" with "receives an adverse adjudication" in recognition of the fact that not all traffic violations are criminal offenses.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 211, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 211, S.D. 1, and be referred to the Committee on Judiciary.