Report Title:

School Attendance; Driving Privilege

Description:

Prohibits a person under 15 years and 6 months from obtaining a driver's permit and a person who is 16-17 years of age from obtaining a driver's license unless the person obtains a driving eligibility certificate. Requires the department of education and private schools to establish requirements for issuance of and to issue the certificate.

HOUSE OF REPRESENTATIVES

H.B. NO.

1296

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to school attendance.

 

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

SECTION 1. The legislature finds that school attendance can be a problem in Hawaii. Reduced school attendance can lead a student to drop-out of school altogether. In order to encourage students to attend and complete high school, the legislature believes that restrictions should be placed on obtaining a driver's license so that students are required to obtain a driving eligibility certificate from their school. The issuance of the certificate may depend on various factors, including school attendance.

The purpose of this Act is to motivate and encourage students to complete high school by linking the issuance of a driver's license with school attendance.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Driving eligibility certificate. The department shall:

(1) Develop requirements, including school attendance, for the issuance to:

(A) A public school student of a driving eligibility certificate from the public school where the student is enrolled; and

(B) A nonpublic school student of a driving eligibility certificate from the public school in the area where the nonpublic school student resides. For purposes of this section, "nonpublic school student" means a student who is not enrolled in the public school system or at a private school and may include, but not be limited to, a home school student; and

(2) Issue within a reasonable time, not to exceed ten days from the receipt of a written request, a driving eligibility certificate to a public school or nonpublic school student who meets the department's requirements."

SECTION 3. Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302C- Driving eligibility certificate. Private schools shall:

(1) Develop requirements, including school attendance, for the issuance of a driving eligibility certificate to a student from the private school where the student is enrolled; and

(2) Issue within a reasonable time, not to exceed ten days from the receipt of a written request, a driving eligibility certificate to a student who meets the department's requirements."

SECTION 4. Section 286-104, Hawaii Revised Statutes, is amended to read as follows:

"§286-104 What persons shall not be licensed. The examiner of drivers shall not issue any license hereunder:

(1) To any person whose license has been suspended by a court of competent jurisdiction during the suspension period; nor to any person whose license has been revoked until the expiration of one year after the date of the revocation, or until the expiration of the period of revocation specified by law, whichever is greater; nor to any person who, while unlicensed, has within two years been convicted of operating a vehicle under the influence of an intoxicant or, prior to January 1, 2002, of driving under the influence of alcohol or drugs;

(2) To any person who is required by this part to take an examination, unless such person has successfully passed the examination;

(3) To any person who is required under the motor vehicle financial responsibility laws of this State to deposit proof of financial responsibility and who has not deposited such proof;

(4) To any person when the examiner of drivers has good cause to believe that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways;

(5) To any person who is under eighteen years of age; provided that a person who is fifteen years and six months of age who can provide a driving eligibility certificate pursuant to sections 302A- or 302C-    may be granted an instruction permit; and provided further that a person who is sixteen to seventeen years of age who can provide a driving eligibility certificate as provided in sections 302A-    or 302C-    may be granted a license upon satisfying the requirements of sections 286-108 and 286-109, which license shall be valid for four years and may be suspended or revoked by a judge having jurisdiction over the holder of the license. Upon revocation of the license, the person shall not be eligible to operate a motor vehicle on the highway until the person is eighteen years of age and has again satisfied the requirements of sections 286-108 and 286-109; or

(6) To any person who is not in compliance with section 286-102.5.

Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129."

SECTION 5. Section 286-110, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person aged fifteen years and six months or more who, except for the person's lack of instruction in operating a motor vehicle[,]:

(1) [would] Would be qualified to obtain a driver's license issued under this part; and

(2) Can provide a driving eligibility certificate pursuant to sections 302A-    or 302C-   ,

may apply for a temporary instruction permit at the office of the examiner of drivers in the county in which the applicant resides; provided that the applicant complies with section 286-102.5."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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