Report Title:
Driver Licensing; Provisional Licenses; Persons Under 18
Description:
Establishes a 3-stage driver licensing program, consisting of a learner's permit and provisional license for persons under 18 and then a driver's license.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
362 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DRIVER LICENSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§286- Provisional license for persons under the age of eighteen. (a) A person who is at least sixteen years of age but under the age of eighteen may be issued a provisional license if the person has:
(1) Held an instruction permit under section 286-110 for a period of at least one hundred eighty days and no pending court proceeding that might result in the suspension or revocation of the instruction permit;
(2) Complied with the requirements under section 286-108.4; and
(3) Satisfactorily completed the requirements of section 286-108.
Section 286-109 shall apply for purposes of this section.
(b) A person who has been issued a provisional license shall have the license in the person's immediate possession at all times when operating a motor vehicle and shall display the same upon demand of a police officer.
(c) A person who has been issued a provisional license shall comply with the following conditions when driving:
(1) A licensed driver who is the licensee's parent or guardian and who is licensed to operate the same category of motor vehicle, shall be in the motor vehicle with the licensee when the licensee is driving after 11 p.m. and before 5 a.m. The parent or guardian shall occupy a passenger seat beside the licensee while the motor vehicle is being operated;
(2) If the licensee is driving after 5 a.m. and before 11 p.m., the licensee shall not transport more than one person under the age of eighteen unless the licensee's parent or guardian, who is licensed to operate the same category of motor vehicle, is in the same motor vehicle; and
(3) All occupants of the motor vehicle shall be restrained by a seat belt assembly as provided in sections 291-291-11.6 and a child passenger restraint as provided in section 291-11.5.
(d) Notwithstanding subsection (c), a person with a provisional license may operate a motor vehicle after 11 p.m. and before 5 a.m. and transport not more than one person under the age of eighteen, without being by a parent or guardian who is licensed to operate the same category of motor vehicle, if:
(1) The licensee is traveling to or from a school-authorized activity when the travel is necessary due to the unavailability of the parent or guardian at that time; provided that the licensee shall carry a signed statement from the parent or guardian, with the name, address, and telephone number of the parent or guardian, verifying the necessity, and shall display the same upon demand of a police officer; or
(2) The licensee is an emancipated minor.
(e) If a person who has been granted a provisional license violates subsection (c) or (d), the penalty shall be:
(1) For a first violation, the provisional license shall be suspended for three months by a district court judge. Upon suspension of the provisional license, the person shall not be reissued a provisional license or be issued a driver's license until the sooner of:
(A) The expiration of the three months; or
(B) The person attains the age of eighteen; or
(2) For a second or subsequent violation, the provisional license shall be revoked for six months by a district court judge. Upon suspension of the provisional license, the person shall not be reissued a provisional license or be issued a driver's license until the sooner of:
(A) The expiration of the six months; or
(B) The person attains the age of eighteen;
The reissuance of a provisional license or the issuance of a driver's license shall be contingent upon the person not otherwise being in violation of the provisions of this chapter.
(f) If a person who has been granted a provisional license is convicted of any offense under chapter 291C, in addition to the penalties provided thereunder, the penalty shall be:
(1) For a first violation, the provisional license shall be suspended for six months by a district court judge. Upon suspension of the provisional license, the person shall not be reissued a provisional license or be issued a driver's license until the sooner of:
(A) The expiration of the six months; or
(B) The person attains the age of eighteen; or
(2) For a second or subsequent violation, the provisional license shall be revoked for one year by a district court judge. Upon suspension of the provisional license, the person shall not be reissued a provisional license or be issued a driver's license until the later of:
(A) The expiration of one year; or
(B) The person attains the age of eighteen;
The reissuance of a provisional license or the issuance of a driver's license shall be contingent upon the person not otherwise being in violation of the provisions of this chapter.
(g) The provisional license shall expire sixty days following the person's eighteenth birthday.
(h) No person shall be issued a driver's license under this chapter unless the person is at least seventeen years of age and has otherwise complied with the provisions of this chapter."
SECTION 2. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person, except [one]:
(1) One exempted under section 286-105[, one];
(2) One who holds an instruction permit under section 286-110[, one];
(3) One who holds a provisional license under section
286- ;
(4) One who holds a commercial driver's license issued under section 286-239[,] or a commercial driver's license instruction permit issued under section 286-236,
shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles."
SECTION 3. Section 286-104, Hawaii Revised Statutes, is amended to read as follows:
"§286-104 What persons shall not be licensed. The examiner of drivers shall not issue any license hereunder:
(1) To any person whose license has been suspended by a court of competent jurisdiction during the suspension period; nor to any person whose license has been revoked until the expiration of one year after the date of the revocation, or until the expiration of the period of revocation specified by law, whichever is greater; nor to any person who, while unlicensed, has within two years been convicted of operating a vehicle under the influence of an intoxicant or, prior to January 1, 2002, of driving under the influence of alcohol or drugs; provided that the suspension or revocation of a provisional license under section 286- shall apply for purposes of this section;
(2) To any person who is required by this part to take an examination, unless such person has successfully passed the examination;
(3) To any person who is required under the motor vehicle financial responsibility laws of this State to deposit proof of financial responsibility and who has not deposited such proof;
(4) To any person when the examiner of drivers has good cause to believe that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways;
(5) To any person who is under eighteen years of age; provided that [a]:
(A) A person who is fifteen years and six months of age may be granted an instruction permit; [and provided further that a];
(B) A person who is at least sixteen [to seventeen] and less than eighteen years of age may be granted a provisional license upon satisfying the requirements of [sections 286-108 and 286-109, which license] section 286- , provided that the provisional license shall be [valid] held by the person for [four years and may be suspended or revoked by a judge having jurisdiction over the holder of the license. Upon revocation of the license, the person shall not be eligible to operate a motor vehicle on the highway until the person is eighteen years of age and has again satisfied the requirements of sections 286-108 and 286-109;] at least six months or until the person obtains a driver's license, whichever occurs first; or
(C) A person who is at least seventeen years of age may be granted a driver's license upon satisfying the requirements of section 286- , for persons subject to a provisional license, or the requirements of this chapter for all other persons.
(6) To any person who is not in compliance with section 286-102.5.
Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129."
SECTION 4. Section 286-106, Hawaii Revised Statutes, is amended to read as follows:
"§286-106 Expiration of licenses. Every driver's license issued under this part, except a provisional license issued under section 286- , whether an original issuance or a renewal, shall expire on the first birthday of the licensee occurring not less than six years after the date of the issuance of the license, unless sooner revoked or suspended; provided that the license shall expire [on the first birthday of the licensee occurring not less than four years after the date of issuance of the license if the licensee is fifteen to seventeen years of age and]; provided that a driver's license shall expire two years after the date of the issuance of the license if at that time the licensee:
(1) Is seventy-two years of age or older; or
(2) Exhibits a physical condition or conditions which the examiner of drivers reasonably believes has impaired the driver's ability to drive, unless the licensee:
(A) Obtains a certificate from a licensed physician that the licensee's physical condition or conditions do not impair the licensee's ability to drive; or
(B) Is able to correct the physical impairment, or by using a vehicle adapted to overcome the physical impairment is to the satisfaction of the examiner of drivers able to drive safely."
SECTION 5. Section 286-108, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The examiner of drivers shall require proof from every applicant under the age of eighteen that the applicant has completed a driver education program and a behind-the-wheel driver training course certified by the director of transportation[.] and the applicant has otherwise satisfied the requirements of section 286- . The examiner of drivers shall not examine any applicant for a [driver's] provisional license who is sixteen through seventeen years of age unless the applicant [holds] has held a valid instruction permit under section 286-110, for a period of [no fewer than ninety] not less than one hundred eighty days. If the applicant's instruction permit has expired and a new instruction permit was issued within thirty days of its expiration, the examiner of drivers may examine the applicant without requiring an additional [ninety-day] one hundred eighty period."
SECTION 6. Section 286-110, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Except when operating a motor scooter or motorcycle, the holder of [a temporary] an instruction permit shall be accompanied by a person who is [eighteen] twenty-one years of age or older and licensed to operate the category of motor vehicles in which the motor vehicle which is being operated belongs. The licensed person shall occupy a passenger seat beside [as near] the permit holder [as is practical] while the motor vehicle is being so operated.
If the holder of an instruction permit is under eighteen years of age and is driving after 11 p.m. and before 5 a.m., the permittee shall be accompanied while driving by the permittee's parent or guardian who is licensed to operate the same category of motor vehicle. The parent or guardian shall occupy a passenger seat beside the permittee while the motor vehicle is being operated. All occupants of the motor vehicle shall be restrained by a seat belt assembly as provided in section 291-291-11.6 and a child passenger restraint as provided in section 291-11.5."
SECTION 7. Section 286-111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Every application for an instruction permit, a provisional license, or [for] a driver's license shall be made upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths. The examiner of drivers and officers serving under the examiner may administer such oaths without charge. Each application for an instruction permit for a category (1), (2), (3), or (4) license shall be accompanied by a fee to be determined by the council of each county and each application for a provisional license and a driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be chargeable. An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or a driver's license. All of the foregoing fees shall become county realizations."
SECTION 8. Section 286-112, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The application of any person under the age of eighteen years for an instruction permit, provisional license, or driver's license shall be signed and verified before a person authorized to administer oaths by the appropriate one of the following:
(1) If both the father and mother of the applicant have custody of the applicant, by both the father and mother of the applicant; or
(2) If only one parent has custody of the applicant, by the custodial parent; or
(3) If neither parent has custody of the applicant, and the applicant has a custodial guardian or has custodial guardians, by the custodial guardian or by all the custodial guardians; or
(4) If neither parent has custody of the applicant, and the applicant has no custodial guardian, by an employer of the applicant or by any responsible person who is willing to assume the obligation imposed under this part upon a person signing the application of a minor.
(b) Any negligence or misconduct of a minor under the age of eighteen years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of the minor for a permit, provisional license, or license, which person shall be jointly and severally liable with the minor for any damages caused by such negligence or misconduct."
SECTION 9. Section 286-113, Hawaii Revised Statutes, is amended to read as follows:
"§286-113 Release from liability. Any person who has signed the application of a minor for an instruction permit, provisional license, or driver's license may file with the examiner of drivers a verified written request that the permit, provisional license, or license of the minor be canceled, together with the permit, provisional license, or driver's license issued. Upon receipt of the request, the examiner of drivers shall cancel the permit, provisional license, or driver's license of the minor and the person who has signed the application of the minor shall be relieved from the liability imposed under this part on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle. Nothing herein shall be construed to limit the liability of parents for the torts of their child as provided in chapter 577."
SECTION 10. Section 286-114, Hawaii Revised Statutes, is amended to read as follows:
"§286-114 Revocation of license, provisional license, or instruction permit upon death of person signing minor's application. The examiner of drivers upon receipt of satisfactory evidence of the death of a person who signed the application of a minor for an instruction permit, provisional license, or a driver's license shall cancel the permit, provisional license, or driver's license and shall not issue a new permit, provisional license, or driver's license until such time as a new application duly signed and verified shall be made as required by this part. Upon cancelling the permit, provisional license, or driver's license, the examiner of drivers shall notify the minor to surrender the permit, provisional license, or driver's license. If the death occurs after the minor has reached majority, this section shall not apply."
SECTION 11. Section 286-117, Hawaii Revised Statutes, is amended to read as follows:
"§286-117 Duplicate permits, provisional licenses and driver licenses. The holder of an instruction permit, provisional license or driver's license may upon payment of the reasonable cost of its issuance obtain a duplicate; provided that the holder shall surrender the original permit, provisional license, or driver's license or furnish satisfactory proof of loss or destruction of the same.
The chief of police or a police officer shall notify a holder that the holder's instruction permit, provisional license, or driver's license is illegible and that the holder shall within ten days surrender the holder's license and apply for a duplicate. Upon failure to comply with a notice to surrender an illegible instruction permit, provisional license, or driver's license and apply for a duplicate, the person to whom the permit or license is issued shall be subject to the [punishment] penalties in section 286-136."
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on January 1, 2006.
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INTRODUCED BY: |
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