Report Title:

Motor Vehicle Driver License; United States Armed Forces Reserve Component

Description:

Allows U.S. armed forces reserve component member on active service outside of the State to renew driver's license within 90 days after discharge from active duty or return to the State.

HOUSE OF REPRESENTATIVES

H.B. NO.

1809

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to motor vehicle driver's license.

 

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

SECTION 1. Section 286-107, Hawaii Revised Statutes, is amended to read as follows:

"§286-107 License renewals; procedures and requirements. (a) The examiner of drivers may accept an application for a renewal of a driver's license made not more than six months prior to the date of expiration.

If, however, the renewal is not applied for within ninety days after the expiration of the license, the applicant for renewal shall be treated as an applicant for a new license and examined as provided in section 286-108.

(b) Except as otherwise provided in subsection (c), an applicant for a renewal of a driver's license under this section, or the reactivation of an expired license under section 286-107.5(a), shall appear in person before the examiner of drivers and the examiner of drivers shall administer such physical examinations as the state director of transportation deems necessary to determine the applicant's fitness to continue to operate a motor vehicle.

(c) Any person who holds a category (1), (2), or (3) license issued under this part who is unable to appear in person before the examiner of drivers to apply for a renewal of the driver's license, may, if the person is not disqualified from renewing the license under subsection (a), apply for a renewal by mail. The applicant's request to have the license renewed by mail [must] shall be received by the examiner of drivers within ninety days after the expiration of the license or it shall be treated as an [applicant] application for reactivation of an expired license under section 286-107.5. The examiner of drivers [shall], upon receipt of the request, shall furnish the applicant with all necessary forms and instructions. An application for renewal made pursuant to this subsection shall be accompanied by a statement from a licensed physician, certifying that the applicant was examined by the licensed physician not more than six months prior to the expiration date of the applicant's license and that the applicant was found by such examination to have met the physical requirements established by the state director of transportation for the renewal of licenses. The application for renewal shall also be accompanied by:

(1) A notarized statement of the applicant certifying that the applicant does not possess any valid license to operate the same or similar category or categories of motor vehicles, issued by another licensing authority (unless such license is concurrently surrendered); and

(2) Such other information as may be required by the examiner of drivers that is reasonably necessary to confirm the identity of the applicant and the applicant's fitness to continue to operate a motor vehicle.

(d) An applicant for a renewal of the applicant's driver's license whether applying pursuant to subsections (b) or (c) shall pay the fee determined by the council of the appropriate county. Payment of the fee shall be by certified check or money order, tendered together with the application.

(e) No driver's license shall be renewed by the examiner of drivers unless:

(1) The examiner of drivers is satisfied of the applicant's fitness to continue to operate a motor vehicle;

(2) The fee required by subsection (d) is tendered together with the application for renewal; and

(3) The applicant complies with section 286-102.5.

(f) A driver's license renewed pursuant to subsection (c) may validly be issued without incorporating a photograph of the licensee.

(g) No driver's license shall be renewable by mail for more than two consecutive renewals, regardless of whether the license expires, as provided under section 286-106, on the sixth, fourth, or second birthday after issuance; provided that this subsection shall not apply to a resident military person or that person's immediate family if the resident military person resides outside the State on official military orders.

(h) Subsection (a) notwithstanding, any applicant for a renewal of a driver's license who is a member of any reserve component of the United States armed forces and who has been ordered to active federal service outside of the State at the time the applicant's license should be renewed shall not have the applicant's license revoked or forfeited for failure to file a timely application for a renewal of a driver's license if the applicant files an application for a renewal of a driver's license, along with verification of federal active service outside the State as required by the examiner of drivers, within ninety days of the applicant's discharge or release from active federal service.

If the application for renewal is not applied for within ninety days after the applicant's discharge or release from active federal service, the applicant for renewal shall be treated as an applicant for a new license and examined as provided in section 286-108.

As used in this subsection, "reserve component of the United States armed forces" means the national guard and Army, Navy, Air Force, Coast Guard, and Marine Corps reserves.

[(h)] (i) The state director of transportation shall adopt rules and regulations pursuant to chapter 91, necessary for the purposes of this section, including rules and regulations governing the effect to be given to convictions for violations of traffic laws of a foreign jurisdiction, upon license renewal procedures."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________