STAND. COM. REP. NO. 844

Honolulu, Hawaii

, 2005

RE: H.B. No. 150

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 150, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DRIVER LICENSING,"

begs leave to report as follows:

The purpose of this bill is to improve traffic safety by establishing a provisional driver-licensing program consisting of graduated driver licensing in three stages for persons under the age of 18. Among other things, this bill:

(1) Requires applicants for provisional licenses to be 16 or 17 years of age and to have held an instruction permit for at least 180 days, among other requirements;

(2) Requires a provisional licensee or holder of an instruction permit to be accompanied by a licensed parent or guardian occupying a seat beside the licensee or permit holder when driving between the hours of 11:00 p.m. and 5:00 a.m.;

(3) Provides exceptions for provisional licensees driving to or from the licensee's place of employment or a school-authorized activity;

 

(4) Allows a provisional licensee to transport no more than one person under the age of 18 and who is unrelated to the licensee unless the licensee's parent or guardian is in the motor vehicle; and

(5) Requires instruction permit holders, when driving, to be accompanied by an individual who is at least 21 years of age and licensed.

The Departments of Transportation and Health, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, EMS Division of the Hawaii County Fire Department, Mothers Against Drunk Driving-Hawaii, Hawaii Insurers Council, State Farm Mutual Automobile Insurance Company, American Academy of Pediatrics-Hawaii Chapter, Keiki Injury Prevention Coalition, and a concerned individual testified in support of this bill. The Department of Customer Services of the City and County of Honolulu supported this measure with amendments. The Department of Education supported the intent of this bill. The Office of the Public Defender opposed this measure. The Judiciary offered comments.

Your Committee finds that the establishment of a graduated driver licensing system for young drivers, including nighttime driving restrictions, will help reduce instances of traffic accidents and fatalities involving teen drivers.

Your Committee has amended this bill by:

(1) Giving the District Court and Family Court concurrent jurisdiction over suspensions or revocations of provisional licenses;

(2) Providing that provisional licenses expire on the licensee's nineteenth birthday rather than two months after the licensee's eighteenth birthday, to allow licensees more time to apply for a full driver license;

(3) Changing the effective date of this bill from January 1, 2006, to January 9, 2006; and

(4) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 150, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 150, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair