Motor Vehicle Driver Licensing

Exempts foreign nationals, foreign students, and diplomatic and
consular officers from the foreign driver's license surrender and
invalidation requirements of section 286-102(c).  Establishes
procedure for temporary surrender of foreign driver's licenses.

HOUSE OF REPRESENTATIVES                H.B. NO.1690       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 286-102, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "286-102  Licensing.(a)  No person, except one exempted
 4 under section 286-105, one who holds an instruction permit under
 5 section 286-110, one who holds a commercial driver's license
 6 issued under section 286-239, or a commercial driver's license
 7 instruction permit issued under section 286-236, shall operate
 8 any category of motor vehicles listed in this section without
 9 first being appropriately examined and duly licensed as a
10 qualified driver of that category of motor vehicles.
11      (b)  A person operating the following category or
12 combination of categories of motor vehicles shall be examined as
13 provided in section 286-108 and duly licensed by the examiner of
14 drivers:
15      (1)  Motor scooters;
16      (2)  Motorcycles and motor scooters;
17      (3)  Passenger cars of any gross vehicle weight rating,
18           buses designed to transport fifteen or fewer occupants,
19           and trucks and vans having a gross vehicle weight
20           rating of eleven thousand pounds or less; and

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                                     H.B. NO.1690       

 1      (4)  All of the motor vehicles in category (3) and trucks
 2           having a gross vehicle weight rating of eleven thousand
 3           one through twenty-six thousand pounds.
 4      A school bus or van operator shall be properly licensed to
 5 operate the category of vehicles that the operator operates as a
 6 school bus or van and shall comply with the standards of the
 7 department of transportation as provided by rules adopted
 8 pursuant to section 286-181.
 9      (c)  No person shall receive a driver's license without
10 surrendering to the examiner of drivers all valid driver's
11 licenses in the person's possession.  All licenses so surrendered
12 shall be returned to the issuing authority, together with
13 information that the person is licensed in this State; provided
14 that [with]:
15      (1)  With the exception of driver's licenses issued by any
16           Canadian province, a foreign driver's license may be
17           returned to the owner after being invalidated pursuant
18           to issuance of a Hawaii license; and [provided further
19           that the]
20      (2)  The examiner of drivers shall notify the authority that
21           issued the foreign license that the license has been
22           invalidated and returned because the owner is now
23           licensed in this State.  

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                                     H.B. NO.1690       

 1 No person shall be permitted to hold more than one valid driver's
 2 license at any time.
 3      (d)  Foreign nationals, foreign students, and diplomatic and
 4 consular officers, who intend to return to the place where the
 5 foreign license was issued, shall be exempt from the surrender
 6 and invalidation requirements of subsection (c).  Any person
 7 qualifying for exemption under this subsection shall temporarily
 8 surrender the foreign driver's license to the examiner of drivers
 9 before receiving a Hawaii driver's license.  The examiner of
10 drivers shall keep the foreign driver's license during the time
11 the owner retains a Hawaii driver's license or until the foreign
12 driver's license expires.  When the owner desires to return to
13 the place the foreign driver's license was issued, the owner
14 shall surrender the Hawaii driver's license to the examiner of
15 drivers, and the examiner of drivers shall return the foreign
16 driver's license to the owner.  The examiner of drivers shall
17 notify the issuing authority of the temporary surrender and of
18 the return of the foreign driver's license.
19      The examiner of drivers may charge a fee for the safekeeping
20 of the foreign driver's license, to be determined by the council
21 of each county.  Such fees shall become county realizations.
22      Nothing in this subsection shall be interpreted to deny the
23 person's residency status in the State for purposes of any other

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                                     H.B. NO.1690       

 1 laws.
 2      [(d)] (e)  In addition to other qualifications and
 3 conditions by or pursuant to this part, the right of an
 4 individual to hold a motor vehicle operator's license or permit
 5 issued by the county is subject to the requirements of section
 6 576D-13.
 7      Upon receipt of certification from the child support
 8 enforcement agency pursuant to section 576D-13 that an obligor or
 9 individual who owns or operates a motor vehicle is not in
10 compliance with an order of support as defined in section 576D-1
11 or has failed to comply with a subpoena or warrant relating to a
12 paternity or child support proceeding, the examiner of drivers
13 shall suspend the license and right to operate motor vehicles and
14 confiscate the license of the obligor.  The examiner of drivers
15 shall not reinstate an obligor's or individual's license until
16 the child support enforcement agency, the office of child support
17 hearings, or the family court issues an authorization that states
18 the obligor or individual is in compliance with an order of
19 support or has complied with a subpoena or warrant relating to a
20 paternity or child support hearing.
21      The licensing authority may adopt rules pursuant to chapter
22 91 to implement and enforce the requirements of this section." 
23      SECTION 2.  Statutory material to be repealed is bracketed.

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                                     H.B. NO.1690       

 1 New statutory material is underscored.
 2      SECTION 3.  This Act shall take effect upon its approval.
 4                           INTRODUCED BY:  _______________________