STAND. COM. REP. NO. 754-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2290

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2290 entitled:

"A BILL FOR AN ACT RELATING TO DRIVER LICENSING,"

begs leave to report as follows:

The purpose of the bill is to:

(1) Establish a three-stage graduated driver licensing system for persons under the age of 18;

(2) Require drivers under the age of 18 to be accompanied by a licensed parent or guardian when driving between the hours of 10:00 p.m. and 4:00 a.m., except under specific circumstances;

(3) Provide exceptions for working individuals and individuals attending school; and

(4) Require temporary permit holders to be accompanied by a licensed individual who is at least 21 years of age, instead of 18 years of age, when driving.

The Department of Health, the Department of Transportation, Keiki Injury Prevention Coalition, State Farm Mutual Automobile Insurance Company, Hawaii Insurers Council, Kona Traffic Safety Committee, American Academy of Pediatrics, and several concerned individuals submitted testimony in support of this measure. Mothers Against Drunk Driving Hawaii and the Police Department of the City and County of Honolulu supported this measure with amendments. The Office of the Public Defender and two concerned individuals opposed the measure. The Judiciary and Hawaii Youth Service Network offered comments.

Your Committee finds that this measure can promote safety of and among young drivers.

Your Committee has amended this bill by:

(1) Changing the restrictive period for a provisional licensee to drive to between 11:00 p.m. and 5:00 a.m., instead of 10:00 p.m. and 4:00 a.m.;

(2) Requiring that the signed statement allowing the licensee to drive during the restricted hours must include the name, address, and telephone number of a licensed parent or legal guardian, or an employer;

(3) Deleting vehicle collision from the list of reasons for suspension or revocation of the provisional license;

(4) Clarifying that these provisions do not apply to motorcycle or motor scooter drivers;

(5) Making violation of provisional license requirements a status offense that is to be reviewed by family court;

(6) Reaffirming that a licensed driver who is the licensee's parent or guardian must be in the motor vehicle and occupy a seat near the driver;

(7) Including driving at speeds exceeding 90 miles per hour as a reason for revocation of a driver's license;

(8) Changing the effective date to February 31, 2525, to facilitate further discussion; and

(9) Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

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 H.B. No. 2290, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2290, H.D. 1.

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

 

____________________________

ERIC G. HAMAKAWA, Chair