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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
225 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE EXAMINER OF DRIVERS TO MAKE FINDINGS OF REASONABLE CAUSE OF INCOMPETENCE BASED UPON REPORTS OF VARIOUS PROFESSIONALS OR PEOPLE.
WHEREAS, driving is an activity that requires a driver's full attention and the ability to drive safely; and
WHEREAS, a person who is mentally or physically impaired could endanger their own self, other motorists, and individuals in the communities in which the person is driving; and
WHEREAS, under section 286-119, Hawaii Revised Statutes (HRS), the examiner of drivers has the authority to suspend any driver's license without hearing when the examiner has reasonable cause to believe that the licensee is incompetent to operate the type of motor vehicle for which the licensee holds a license or is afflicted with mental or physical infirmities or disabilities which would make it unsafe for the licensee to operate a motor vehicle of the type for which the licensee is licensed; and
WHEREAS, Section 286-119, HRS, does not give clear guidance as to what constitutes reasonable cause to suspend a license; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that when suspending a license, the examiner of drivers, while making a finding of reasonable cause of incompetence, is requested to consider reports of various professionals or other people in making that finding; and
BE IT FURTHER RESOLVED that reports by any law enforcement officer, licensed chiropractor under Chapter 442, HRS, licensed doctor of medicine under Chapter 453, HRS, licensed mental health counselor under Chapter 453D, HRS, licensed physical therapist under Chapter 461J, HRS, licensed psychologist under Chapter 465, HRS, and licensed social worker under Chapter 467E, HRS, or any member of the licensed driver's family within three degrees of consanguinity, or the licensed driver's spouse, who has reached the age of 18, be considered in making a determination of incompetence; and
BE IT FURTHER RESOLVED that the Director of Transportation, in coordination with the medical advisory board and county examiner of drivers, adopt appropriate rules or submit to the Legislature any necessary legislation with recommended statutory amendments to implement the intent of this Concurrent Resolution no later than 20 days prior to the convening of the Regular Session of 2008; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Transportation and to the examiner of drivers of the City and County of Honolulu, and of Hawaii County, Kauai County, and Maui County.
Examiner of drivers; license suspension; reports; reasonable cause