STAND. COM. REP. NO. 2950

Honolulu, Hawaii

RE: S.B. No. 2118

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2118 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC VIOLATIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to require the driver of a moped to be in immediate possession of a valid driver's license or instruction permit at all times.

Your Committee received testimony in support of this measure from the Department of Transportation, Honolulu Police Department, State of Hawaii Organization of Police Officers, and three individuals. Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that the current language of section 291C-194, Hawaii Revised Statutes, has created confusion for law enforcement regarding its applicability. Section 291C-194, Hawaii Revised Statutes, is necessary to define the immediate license possession requirement specifically for moped operation and align with the same requirement for operators of all other motor vehicles covered under section 286-116, Hawaii Revised Statutes. This measure clarifies that moped drivers must always have a valid driver's license or instruction permit on their person while operating a moped.

Your Committee notes that when someone drives a car with a permit, they need a licensed driver in the car with them. Your Committee further notes that there are questions regarding the implication of being allowed to drive a moped with an instruction permit without a licensed driver.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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 S.B. No. 2118, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2118, S.D. 1.

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

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KARL RHOADS, Chair