Report Title:

Driver's Licensing; License Renewal Examination; Traffic Violations

Description:

Requires that applicants for renewal of a driver's license who have been found guilty of committing three moving violations within a one year period be given a driver's license examination.

HOUSE OF REPRESENTATIVES

H.B. NO.

1176

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to driver's licensing.

 

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

SECTION 1. Section 286-107, Hawaii Revised Statutes, is amended to read as follows:

"§286-107 License renewals; procedures and requirements. (a) The examiner of drivers may accept an application for a renewal of a driver's license made not more than six months prior to the date of expiration.

If, however, the renewal is not applied for within ninety days after the expiration of the license, the applicant for renewal shall be treated as an applicant for a new license and examined as provided in section 286-108.

(b) Except as otherwise provided in subsection [(c),] (d), an applicant for a renewal of a driver's license under this section, or the reactivation of an expired license under section 286-107.5(a), shall appear in person before the examiner of drivers and the examiner of drivers shall administer such physical examinations as the state director of transportation deems necessary to determine the applicant's fitness to continue to operate a motor vehicle.

(c) An applicant for a renewal of a driver's license who has been convicted of three moving violations in a one year period shall be treated as an applicant for a new license and examined as provided in section 286-108.

[(c)] (d) Any person who holds a category (1), (2), or (3) license issued under this part who is unable to appear in person before the examiner of drivers to apply for a renewal of the driver's license, may, if the person is not disqualified from renewing the license under subsection (a), apply for a renewal by mail. The applicant's request to have the license renewed by mail must be received by the examiner of drivers within ninety days after the expiration of the license or be treated as an applicant for reactivation of an expired license under section 286-107.5. The examiner of drivers shall upon receipt of the request, furnish the applicant with all necessary forms and instructions. An application for renewal made pursuant to this subsection shall be accompanied by a statement from a licensed physician certifying that the applicant was examined by the licensed physician not more than six months prior to the expiration date of the applicant's license and that the applicant was found by such examination to have met the physical requirements established by the state director of transportation for the renewal of licenses. The application for renewal shall also be accompanied by:

(1) A notarized statement of the applicant certifying that the applicant does not possess any valid license to operate the same or similar category or categories of motor vehicles, issued by another licensing authority (unless such license is concurrently surrendered); and

(2) Such other information as may be required by the examiner of drivers that is reasonably necessary to confirm the identity of the applicant and the applicant's fitness to continue to operate a motor vehicle.

[(d)] (e) An applicant for a renewal of the applicant's driver's license whether applying pursuant to subsections (b) [or], (c), or (d) shall pay the fee determined by the council of the appropriate county. Payment of the fee shall be by certified check or money order, tendered together with the application.

[(e)] (f) No driver's license shall be renewed by the examiner of drivers unless:

(1) The examiner of drivers is satisfied of the applicant's fitness to continue to operate a motor vehicle;

(2) The fee required by subsection [(d)] (e) is tendered together with the application for renewal; and

(3) The applicant complies with section 286-102.5.

[(f)] (g) A driver's license renewed pursuant to subsection [(c)] (d) may validly be issued without incorporating a photograph of the licensee.

[(g)] (h) No driver's license shall be renewable by mail for more than two consecutive renewals, regardless of whether the license expires, as provided under section 286-106, on the sixth, fourth, or second birthday after issuance; provided that this subsection shall not apply to a resident military person or that person's immediate family if the resident military person resides outside the State on official military orders.

[(h)] (i) The state director of transportation shall adopt rules and regulations pursuant to chapter 91, necessary for the purposes of this section, including rules and regulations governing the effect to be given to convictions for violations of traffic laws of a foreign jurisdiction, upon license renewal procedures."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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