REPORT TITLE:
Driver's Licensing


DESCRIPTION:
Increases the age at which a person may obtain:  (1) an
instruction permit to operate a motor vehicle from 15 to 16 years
of age, and (2) a driver's license from 15 to 16 years of age;
provided that the person has no at-fault accidents or moving
violations and holds a valid permit for 180 rather than 90 days.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.27         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR VEHICLE DRIVER LICENSING.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that teenage drivers
 
 2 continue to be overrepresented in motor vehicle crashes and that
 
 3 traffic accidents are the number one cause of youth deaths.  The
 
 4 crash rate of sixteen-year-olds is by far the highest, followed
 
 5 by seventeen-year-olds, and more than forty per cent of the
 
 6 deaths of sixteen to nineteen-year-olds from all causes occur as
 
 7 a result of motor vehicle crash injuries.
 
 8      The problems contributing to young drivers' high crash rates
 
 9 include inexperience, high risk-taking behavior, and high risk
 
10 exposure.  For example, novice drivers often lack the adequate
 
11 skills needed to safely operate a motor vehicle.  Young drivers
 
12 are often immature and impulsive, which results in poor driving
 
13 judgment and participation in high risk behaviors such as
 
14 speeding and traveling too fast for road conditions.  Young
 
15 drivers also often drive during nighttime high-risk hours, often
 
16 with young passengers in the vehicle, which may cause
 
17 distractions and peer pressure to participate in risk-taking
 
18 behaviors.
 
19      The legislature finds that increasing the age at which
 

 
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 1 individuals may obtain an instruction permit and a driver's
 
 2 license will help to address the unacceptably high rate of motor
 
 3 vehicle crashes involving teenagers.  Accordingly, the purpose of
 
 4 this Act is to address the growing problem of teenage driving and
 
 5 highway safety by increasing the age at which a person may
 
 6 obtain:  (1) an instruction permit to operate a motor vehicle
 
 7 from fifteen to sixteen years of age, and (2) a driver's license
 
 8 from fifteen to sixteen years of age, provided that if the person
 
 9 is responsible for a motor vehicle accident or a moving
 
10 violation, the person is not eligible for applying for a driver's
 
11 license until reaching eighteen years of age; and provided
 
12 further that the applicant holds a valid instruction permit for
 
13 at least one hundred eight days, rather than ninety days.
 
14      SECTION 2.  Section 286-104, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "286-104  What persons shall not be licensed.  The examiner
 
17 of drivers shall not issue any license hereunder:
 
18      (1)  To any person whose license has been suspended by a
 
19           court of competent jurisdiction during the suspension
 
20           period; nor to any person whose license has been
 
21           revoked until the expiration of one year after the date
 
22           of the revocation, or until the expiration of the
 
23           period of revocation specified by law, whichever is
 

 
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 1           greater; nor to any person who, while unlicensed, has
 
 2           within two years been convicted of driving under the
 
 3           influence of alcohol or drugs;
 
 4      (2)  To any person who is required by this part to take an
 
 5           examination, unless such person has successfully passed
 
 6           the examination;
 
 7      (3)  To any person who is required under the motor vehicle
 
 8           financial responsibility laws of this State to deposit
 
 9           proof of financial responsibility and who has not
 
10           deposited such proof;
 
11      (4)  To any person when the examiner of drivers has good
 
12           cause to believe that such person by reason of physical
 
13           or mental disability would not be able to operate a
 
14           motor vehicle with safety upon the highways; or
 
15      (5)  To any person who is under eighteen years of age;
 
16           provided that a person who is [fifteen to seventeen]
 
17           sixteen years of age may be granted a license upon
 
18           satisfying the requirements of sections 286-108 and
 
19           286-109, which license shall be valid for four years
 
20           and may be suspended or revoked by a judge having
 
21           jurisdiction over the holder of the license.  Upon
 
22           revocation of the license, the person shall not be
 
23           eligible to operate a motor vehicle on the highway
 

 
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 1           until the person is eighteen years of age and has again
 
 2           satisfied the requirements of sections 286-108 and
 
 3           286-109.
 
 4      Any person denied a license under this or any other section
 
 5 of this part shall have a right of appeal as provided in section
 
 6 286-129."
 
 7      SECTION 3.  Section 286-106, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "286-106  Expiration of licenses.  Every driver's license
 
10 issued under this part, whether an original issuance or a
 
11 renewal, shall expire on the first birthday of the licensee
 
12 occurring not less than six years after the date of the issuance
 
13 of the license, unless sooner revoked or suspended; provided that
 
14 the license shall expire on the first birthday of the licensee
 
15 occurring not less than four years after the date of issuance of
 
16 the license if the licensee is [fifteen to seventeen] sixteen
 
17 years of age and two years after the date of the issuance of the
 
18 license if at that time the licensee:
 
19      (1)  Is seventy-two years of age or older; or
 
20 [[](2)[]] Exhibits a physical condition or conditions which the
 
21           examiner of drivers reasonably believes has impaired
 
22           the driver's ability to drive, unless the licensee:
 
23           (A)  Obtains a certificate from a licensed physician
 

 
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 1                that the licensee's physical condition or
 
 2                conditions do not impair the licensee's ability to
 
 3                drive; or
 
 4           (B)  Is able to correct the physical impairment, or by
 
 5                using a vehicle adapted to overcome the physical
 
 6                impairment is to the satisfaction of the examiner
 
 7                of drivers able to drive safely."
 
 8      SECTION 4.  Section 286-108, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (b) to read as follows:
 
10      "(b)  Except as provided in subsection (c), the examiner of
 
11 drivers shall not examine any applicant for a driver's license
 
12 [who is fifteen through seventeen] unless the applicant:
 
13      (1)  Is at least sixteen years of age [unless the applicant
 
14           holds]; provided that if the applicant has been found
 
15           to be at fault in any motor vehicle accident or has any
 
16           moving violations, the applicant shall be at least
 
17           eighteen years of age; and
 
18      (2)  Holds a valid instruction permit under section 286-110,
 
19           for a period of no fewer than [ninety] one hundred
 
20           eighty days."
 
21      SECTION 5.  Section 286-110, Hawaii Revised Statutes, is
 
22 amended by amending subsection (a) to read as follows:
 
23      "(a)  Any person who is at least sixteen years of age, and
 

 
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 1 who, except for the person's lack of instruction in operating a
 
 2 motor vehicle, would be qualified to obtain a driver's license
 
 3 issued under this part may apply for a temporary instruction
 
 4 permit at the office of the examiner of drivers in the county in
 
 5 which the applicant resides."
 
 6      SECTION 6.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 7.  This Act shall take effect upon its approval.
 
 9 
 
10                              INTRODUCED BY:______________________