HB502.DOC

SECTION 1. Section 286-102.6, Hawaii Revised Statutes, is amended to read as follows:

"§286-102.6 Provisional license for persons under the age of eighteen. [Section repealed on January 9, 2011. L 2005, c 72, §15] (a) A person may be granted a provisional license to drive passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and vans having a gross vehicle weight rating of fifteen thousand pounds or less if the person:

(1) Is at least sixteen years of age but under the age of eighteen;

(2) Holds an instruction permit and has held the permit for a period of at least one hundred eighty days and there is no pending proceeding that might result in the suspension or revocation of the instruction permit; and

(3) Satisfactorily completes all requirements of sections 286-108 and 286-109.

(b) The provisional license shall entitle the provisional licensee to drive the class of motor vehicles specified in subsection (a) upon the roadways of the State; provided that:

(1) The provisional licensee shall have the provisional license in the provisional licensee's immediate possession while driving;

(2) All occupants of the motor vehicle shall be restrained by safety belts or a child passenger restraint system as required under sections 291-11.5 and 291-11.6;

(3) The provisional licensee shall not transport more than one person under the age of eighteen, unless the person is, with respect to the provisional licensee:

(A) A household member; or

(B) A household member's foster or hanai child, without being accompanied and supervised by a licensed driver who is the provisional licensee's parent or guardian; [~~and~~]

(4) Except as provided in subsection (c), whenever the provisional licensee is driving between the hours of 11:00 p.m. and 5:00 a.m., a licensed driver who is the provisional licensee's parent or guardian and is licensed to operate the same category of motor vehicle as the licensee, shall be in the motor vehicle and shall occupy the passenger seat beside the licensee[.]; and

(5) The provisional licensee who is under the age of eighteen shall not operate a motor vehicle while engaging in secondary tasks, including:

(A) using a mobile telephone, regardless of whether it is equipped with a hands-free device or not;

(B) using any electronic wireless communication device;

(D) conducting personal grooming; or

(E) reaching for any object located below eye level.

(c) A provisional licensee may drive between the hours of 11:00 p.m. and 5:00 a.m. without a licensed parent or guardian in the motor vehicle under the following conditions:

(1) The provisional licensee is traveling to or from the provisional licensee's place of employment, operation of the motor vehicle is necessary for this purpose, and the provisional licensee keeps in the provisional licensee's possession a signed statement from the employer containing the employer's name, address, telephone number, and verification of employment and work hours; or

(2) The provisional licensee is traveling to or from a school-authorized activity of the provisional licensee, operation of a motor vehicle is necessary for this purpose, and the provisional licensee keeps in the provisional licensee's possession a signed statement from a parent or guardian containing the parent's or guardian's name, address, and telephone number, and verification that operation of the motor vehicle by the provisional licensee is necessary to travel to or from the school-authorized activity;

provided that the provisional licensee shall not transport more than one person under the age of eighteen between the hours of 11:00 p.m. and 5:00 a.m. without being accompanied and supervised by a licensed driver who is the provisional licensee's parent or guardian.

(d) If the provisional licensee violates any of the requirements of subsection (b) or (c):

(1) For a first violation of any requirement, the provisional license shall be suspended for a period of three months by a district court or family court judge. If the person's provisional license is suspended, the person shall not be eligible for reissuance of the provisional license or issuance of a driver's license until:

(A) The person is eighteen years of age; or

(B) Three months have elapsed since the date of suspension,

whichever is sooner, and the person has otherwise satisfied the requirements of this chapter; and

(2) For a second or any subsequent violation of any requirement, the provisional license shall be revoked for six months by a district court or family court judge. If the person's provisional license is revoked, the person shall not be eligible for reissuance of the provisional license or issuance of a driver's license until:

(A) The person is eighteen years of age; or

(B) Six months have elapsed since the date of revocation,

whichever is sooner, and the person has otherwise satisfied the requirements of this chapter.

Suspension or revocation of a provisional license pursuant to this subsection shall be exempt from proof of financial responsibility requirements under section 287-20.

(e) If the provisional licensee is adjudicated of an offense relating to the operation of a motor vehicle other than the requirements of subsection (b) or (c):

(1) For a first adjudication, the provisional license shall be suspended or revoked by a district court or family court judge, in addition to any other penalties that may be prescribed by law. If the person's provisional license is suspended or revoked, the person shall not be eligible for reissuance of the provisional license or issuance of a driver's license until:

(A) The person is eighteen years of age; or

(B) Six months have elapsed since the date of suspension or revocation,

whichever is sooner, and the person has otherwise satisfied the requirements of this chapter; and

(2) For a second or any subsequent adjudication, the provisional license shall be revoked for one year by a district court or family court judge, in addition to any other penalties that may be prescribed by law. If the person's provisional license is revoked, the person shall not be eligible for reissuance of the provisional license or issuance of a driver's license until:

(A) The person is eighteen years of age; or

(B) One year has elapsed since the date of revocation,

whichever is later, and the person has otherwise satisfied the requirements of this chapter.

(f) A provisional licensee may be issued a driver's license in accordance with this chapter if the provisional licensee:

(1) Has satisfactorily held a provisional license for at least six months;

(2) Has no pending proceeding that might result in the suspension or revocation of the license;

(3) Is at least seventeen years of age; and

(4) Has satisfactorily complied with all requirements of this chapter.

(g) If not suspended or revoked, the provisional license shall expire on the date of the provisional licensee's nineteenth birthday.

(h) The fee for a provisional license shall be set in accordance with section 286‑111.

(i) This section shall not apply to the licensing of:

(1) An emancipated minor; and

(2) Motorcycle or motor scooter drivers.

(j) For the purposes of this section[~~, "household member" shall have the same meaning as defined in section 291E-1.~~]:

"Electronic wireless communications device" means any device that provides to users the ability to send or receive electronic communications, but excluding a voice-activated global positioning or navigation system that is affixed to the vehicle.

"Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that when used, allows the vehicle operator to maintain both hands on the steering wheel.

"Household member" shall have the same meaning as defined in section 291E-1.

"Mobile telephone" means a cellular, analog, wireless, or digital telephone capable of sending or receiving telephone messages without an access line for service.

"Personal grooming" means applying makeup, brushing teeth, shaving, and the combing of hair.

"Use" means talking, placing, or receiving a call, or attempting to place or receive a call, or sending, reading, or writing a text message, instant message, or electronic mail, or playing a video game on an electronic wireless communication device or a mobile telephone.

(k) Notwithstanding any other provisions, for the purposes of this section, the district court and family court shall notify the driver's license examiner of all persons under the age of eighteen who have pending violations or proceedings that might result in the suspension or revocation of the provisional license, and any pending adjudication of an offense relating to the operation of a motor vehicle."

SECTION 2. Section 286-110, Hawaii Revised Statutes, is amended to read as follows:

"§286-110 Instruction permits. (a) Any person aged fifteen years and six months or more who, except for the person's lack of instruction in operating a motor vehicle, would be qualified to obtain a driver's license issued under this part may apply for a temporary instruction permit at the office of the examiner of drivers in the county in which the applicant resides; provided that the applicant complies with section 286-102.5.

(b) The examiner of drivers shall examine every applicant for an instruction permit. The examination shall include tests of the applicant's:

(1) Eyesight and other physical or mental capabilities to determine if the applicant is capable of operating a motor vehicle;

(2) Understanding of highway signs regulating, warning, and directing traffic; and

(3) Knowledge of the traffic laws, ordinances, or regulations of the State and the county where the applicant resides or intends to operate a motor vehicle.

(c) If the examiner of drivers is satisfied that the applicant is qualified to receive an instruction permit, the examiner of drivers shall issue the permit entitling the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle upon the highways for a period of one year; provided that an applicant who is registered in a driver training course shall be issued a temporary instruction permit for the duration of the course and the termination date of the course shall be entered on the permit. A person who is not licensed to operate the category of motor vehicles to which the driving training course applies shall not operate a motor vehicle in connection with the driving training course without a valid temporary instruction permit.

(d) [Repeal and reenactment on January 9, 2011. L 2005, c 72, §15.] Except when operating a motor scooter or motorcycle, the holder of an instruction permit shall be accompanied by a person who is twenty-one years of age or older and licensed to operate the category of motor vehicles in which the motor vehicle that is being operated belongs. The licensed person shall occupy a passenger seat beside the permit holder while the motor vehicle is being operated; provided that if the holder of the instruction permit is under the age of eighteen years and is driving between the hours of 11:00 p.m. and 5:00 a.m.:

(1) A licensed driver who is the permit holder's parent or guardian shall occupy a passenger seat beside the driver while the motor vehicle is operated, unless the permit holder is an emancipated minor;

(2) The licensed driver shall be licensed to operate the same category of motor vehicles as the motor vehicle being operated by the holder of the instruction permit; and

(3) All occupants of the motor vehicle shall be restrained by a seat belt assembly or a child passenger safety restraint system as required under sections 291-11.5 and 291-11.6, notwithstanding any other law to the contrary.

(e) No holder of a temporary instruction permit between the ages of fifteen years and six months and eighteen years shall not operate a motor vehicle while engaging in secondary tasks, including:

(A) using a mobile telephone, regardless of whether it is equipped with a hands-free device or not;

(B) using any electronic wireless communication device;

(D) conducting personal grooming; or

(E) reaching for any object located below eye level.

[~~(e)~~] (f) No holder of a temporary instruction permit shall operate a motorcycle or a motor scooter during hours of darkness or carry any passengers.

[~~(f)~~] (g) No holder of a category 1 or 2 temporary instruction permit shall have the permit renewed, nor shall the holder be issued another temporary instruction permit for the same purpose, unless the holder has taken the examination for a category 1 or 2 license at least once prior to the expiration of the temporary instruction permit. If the holder of a temporary instruction permit fails to meet the requirements of this section, the holder shall not be permitted to apply for another category 1 or 2 temporary instruction permit for a period of three months. Nothing in this subsection shall affect the right and privilege of any holder of a category 1 or 2 temporary instruction permit to obtain a temporary instruction permit or driver's license for the operation of any other type of motor vehicle.

[~~(g)~~] (h) The examiner of drivers may accept an application for renewal of an instruction permit no more than thirty days prior to or ninety days after the expiration date of the instruction permit, whereupon the applicant for renewal of an instruction permit shall be exempt from subsection (b)(2) and (3). If an application for renewal of an instruction permit is not made within ninety days after the expiration date of the permit, the applicant shall be treated as applying for a new instruction permit and examined in accordance with subsection (b).

[~~(h)~~] (i) Notwithstanding any other law to the contrary, the examiner of drivers may issue an instruction permit to an applicant with a disability who has completed a medical review with this State, and as a condition to licensure is required to pass a road test, but has failed the road test on the applicant's first attempt. The instruction permit issued under this subsection may be renewed no more than thirty days prior to or ninety days after the expiration date of the instruction permit upon receiving an updated medical report. [~~Subsections~~] Subsection (b)(2) and (3) shall not apply to the issuance or renewal of an instruction permit issued under this subsection.

(j) For the purposes of this [~~subsection,~~ ~~"applicant with a disability"~~] section:

"Applicant with a disability" means an applicant who the examiner of drivers has reasonable cause to believe may have a mental or physical infirmity or disability that would make it unsafe to operate a motor vehicle pursuant to section 286-119 and has been medically evaluated by the medical advisory board established pursuant to section 286-4.1.

"Household member" shall have the same meaning as defined in section 291E-1.

"Mobile telephone" means a cellular, analog, wireless, or digital telephone capable of sending or receiving telephone messages without an access line for service.

"Personal grooming" means applying makeup, brushing teeth, shaving, and the combing of hair.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	502
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII