Increases penalties for excessive speeding. Increases penalties for driving without a license and driving with a suspended or revoked license. Requires proof of valid Hawaii driver's license in order to transfer interest in a motor vehicle.

A BILL FOR AN ACT

SECTION 1. Section 291c-103, Hawaii Revised Statutes, is amended to read as follows:

"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test, or exhibition prohibited by this section.

(b) "Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

(c) "Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

(d) "Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires which is done to intentionally draw the attention of persons present toward the vehicle.

(e) Any person who violates this section, except subsection (d), shall be fined not more than $500 or imprisoned not more than six months, or both. Any person who violates subsection (d) shall be fined not more than $500 or be sentenced to perform community service, or both.

(f) Any person who violates this section while operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more shall be subject to a fine of [not more than] $2,000, a term of imprisonment of not more than one year, or both; provided that the following additional penalties shall also apply:

SECTION 2. Section 286-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Within thirty calendar days thereafter, the transferee shall forward the certificate of ownership so endorsed to the director of finance who shall file the same; provided that if the recorded lien holder does not have an office in the State, the applicable period shall be sixty days. The transferee shall also forward proof of the transferee's valid Hawaii driver's license and proof of the transferor's valid Hawaii driver's license with the endorsed certificate of ownership. The director of finance shall not accept the transfer in ownership if proof of valid Hawaii driver's licenses are not forwarded, except in the case where a transferor is not a resident of the State. Whenever a transferee fails to comply with these provisions, the director of finance shall charge a fee of $50, in addition to the fee provided in section 286-51, for a new certificate of ownership."

SECTION 3. Section 286-116, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"§286-116 License, insurance identification card, possession, exhibition. (a) Every licensee shall have a valid driver's license in the licensee's immediate possession at all times, and a valid motor vehicle or liability insurance identification card applicable to the motor vehicle operated as required under section 431:10C-107 and section 431:10G-106, when operating a motor vehicle, and shall display the same upon demand of a police officer. Every police officer or law enforcement officer when stopping a vehicle or inspecting a vehicle for any reason shall demand that the driver or owner display the driver's or owner's driver's license and insurance identification card. A person convicted of driving without possession of a valid driver's license under this section shall be subject to a fine of not less than $2,500 and not more than $5,000 and the court shall order that the vehicle driven at the time of the violation be subject to forfeiture under section 712A. The court shall also order an immediate revocation of all driving privileges. No person charged with violating this section shall be convicted if the person produces in court, or proves from the proper official or other records that the person was the holder of a driver's license or a motor vehicle or liability insurance identification card and policy conforming to article 10C and article 10G of chapter 431 or a certificate of self-insurance issued by the insurance commissioner pursuant to section 431:10C-107 and section 431:10G-103, theretofore issued to the person and valid at the time of the person's arrest."

SECTION 4. Section 286-132, Hawaii Revised Statutes, is amended to read as follows:

"§286-132 Driving while license suspended or revoked. Except as provided in section 291E-62, no resident or nonresident whose driver's license, right, or privilege to operate a motor vehicle in this State has been canceled, suspended, or revoked may drive any motor vehicle upon the highways of this State while the license, right, or privilege remains canceled, suspended, or revoked. If a person is convicted of a violation of this section, the court shall permanently revoke all driving privileges, impose a fine of not less than $2,500 and not more than $5,000, and order that the vehicle driven at the time of the violation be subject to forfeiture under section 712A."

SECTION 5. Section 286-136, Hawaii Revised Statutes, is amended to read as follows:

"§286-136 Penalty. (a) Except as provided in subsection (b), any person who violates section 286-102, 286-122, 286-130, 286-131, [286-132,] 286-133, or 286-134 shall be fined not more than $1,000 or imprisoned not more than thirty days, or both. Any person who violates any other section in this part shall be fined not more than $1,000.

(b) Any person who is convicted of violating section 286-102, 286-122, 286-130, 286-131, [286-132,] 286-133, or 286-134 shall be subject to a maximum fine of $1,000, or imprisoned not more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period."

SECTION 6. Chapter 437, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§437- Proof of Hawaii Drivers License. No dealer shall sell a motor vehicle unless the dealer obtains proof of a valid Hawaii drivers license from the buyer."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.