Driver's Licenses

Night driving provisions for licensed drivers under 18 years of

THE SENATE                              S.B. NO.           2096
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "286-    Night driving provisions for licensed drivers
 5 under eighteen years of age.  (a)  A person who is at least
 6 sixteen years of age but under eighteen years of age and who has
 7 been granted a license upon satisfying the requirements of
 8 sections 286-108 and 286-109 shall comply with the following:
 9      (1)  Whenever the person is driving after eleven o'clock
10           p.m. or before five o'clock a.m., another person, who
11           is at least twenty-one years of age and who is licensed
12           to operate the category of motor vehicles that is being
13           operated, shall be in the motor vehicle at all times
14           with the person granted a license; and
15      (2)  All occupants of the motor vehicle shall wear safety
16           belts when the person is driving.
17      (b)  A person with a license but who is under eighteen years
18 of age may drive between the hours of 11:00 p.m. and 5:00 a.m. or

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                                     S.B. NO.           2096

 1 transport an immediate family member without being accompanied
 2 and supervised by a licensed driver who is the person's parent or
 3 guardian, or a licensed driver who is at least twenty-one years
 4 of age, in the following circumstances:
 5      (1)  To attend school or school authorized activities when
 6           reasonable transportation facilities are inadequate and
 7           operation of a vehicle by the person is necessary as
 8           verified in a signed statement from a parent or legal
 9           guardian that shall be kept in the person's possession
10           while operating the vehicle;
11      (2)  For employment purposes when reasonable transportation
12           facilities are inadequate and operation of a vehicle by
13           the person is necessary as verified in a signed
14           statement from the employer that shall be kept in the
15           person's possession while operating the vehicle; and
16      (3)  Where the person is an emancipated minor.
17      (c)  If a person who is at least sixteen years of age but
18 under eighteen years of age:
19      (1)  Fails to meet the requirements found in subsection (b);
20      (2)  Is involved in a motor vehicle collision as a result of
21           the operation of a motor vehicle and is determined to
22           be at fault; or
23      (3)  Is convicted for an offense governing the operation of

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                                     S.B. NO.           2096

 1           a motor vehicle,
 2 the license shall be suspended or revoked by a judge having
 3 jurisdiction over the person.
 4      (d)  If suspension or revocation of the license occurs under
 5 subsection (c), the person shall not be eligible to operate a
 6 motor vehicle on the highway through either reissuance of a
 7 license or issuance of a driver's license, until:
 8      (1)  The person is seventeen and one-half years of age;
 9      (2)  At least six months have elapsed since the date of
10           suspension of the license;
11      (3)  The date of reinstatement of the suspended or revoked
12           license pursuant to court order or section 286-104, or
13 whichever is later, and has otherwise satisfied the requirements
14 of this chapter."
15      SECTION 2.  New statutory material is underscored.
16      SECTION 3.  This Act shall take effect on January 1, 2001.
18                           INTRODUCED BY:  _______________________