Report Title:

Highway; Safety; Distracted Driving; Motor Vehicle

 

Description:

Prohibits provisional licensees under 18 and holders of a temporary permit who are age fifteen years and six months but less than eighteen years of age from engaging in various tasks that distract from the primary task of driving such as, the use of all cell phones (including hands-free devices) and all other electronic devices, consuming food or beverages, engaging in personal grooming or attempting to reach for any other object or device, while operating a motor vehicle.  Effective 7/1/2050 (SD2)

 


THE SENATE

S.B. NO.

1054

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 2

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HIGHWAY SAFETY.

 

 

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

 


     SECTION 1.  Section 286-102.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The provisional license shall entitle the provisional licensee to drive the class of motor vehicles specified in subsection (a) upon the roadways of the State; provided that:

     (1)  The provisional licensee shall have the provisional license in the provisional licensee's immediate possession while driving;

     (2)  All occupants of the motor vehicle shall be restrained by safety belts or a child passenger restraint system as required under sections 291-11.5 and 291-11.6;

     (3)  The provisional licensee shall not transport more than one person under the age of eighteen, unless the person is, with respect to the provisional licensee:

         (A)  A household member; or

         (B)  A household member's foster or hanai child,

          without being accompanied and supervised by a licensed driver who is the provisional licensee's parent or guardian; [and]

     (4)  Except as provided in subsection (c), whenever the provisional licensee is driving between the hours of 11:00 p.m. and 5:00 a.m., a licensed driver who is the provisional licensee's parent or guardian and is licensed to operate the same category of motor vehicle as the licensee, shall be in the motor vehicle and shall occupy the passenger seat beside the licensee[.]; and

(5)  A provisional licensee shall not operate a motor vehicle while engaging in various tasks not associated with operating a motor vehicle, including but not limited to the following:

         (A)  Using a wireless telephone, including a wireless telephone equipped with a hands-free device, or any other electronic device including, but not limited to, portable video games, portable DVD players, text messengers, Palms, Treos, or Blackberries;

         (B)  Consuming food or beverages;

         (C)  Engaging in personal grooming that requires the use of a comb, brush, or other personal grooming device; or

         (D)  Attempting to reach for any other object or device not related to or necessary for driving."

     SECTION 2.  Section 286-110, Hawaii Revised Statutes, is amended to read as follows:

     "§286-110  Instruction permits.  (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, would be qualified to obtain a driver's license issued under this part 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.

     (b)  The examiner of drivers shall examine every applicant for an instruction permit.  The examination shall include tests of the applicant's:

     (1)  Eyesight and other physical or mental capabilities to determine if the applicant is capable of operating a motor vehicle;

     (2)  Understanding of highway signs regulating, warning, and directing traffic; and

     (3)  Knowledge of the traffic laws, ordinances, or regulations of the State and the county where the applicant resides or intends to operate a motor vehicle.

     (c)  If the examiner of drivers is satisfied that the applicant is qualified to receive an instruction permit, the examiner of drivers shall issue the permit entitling the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle upon the highways for a period of one year; provided that an applicant who is registered in a driver training course shall be issued a temporary instruction permit for the duration of the course and the termination date of the course shall be entered on the permit.  A person who is not licensed to operate the category of motor vehicles to which the driving training course applies shall not operate a motor vehicle in connection with the driving training course without a valid temporary instruction permit.

     (d)  Except when operating a motor scooter or motorcycle, the holder of an instruction permit shall be accompanied by a person who is twenty-one years of age or older and licensed to operate the category of motor vehicles in which the motor vehicle that is being operated belongs.  The licensed person shall occupy a passenger seat beside the permit holder while the motor vehicle is being operated; provided that if the holder of the instruction permit is under the age of eighteen years and is driving between the hours of 11:00 p.m. and 5:00 a.m.:

     (1)  A licensed driver who is the permit holder's parent or guardian shall occupy a passenger seat beside the driver while the motor vehicle is operated, unless the permit holder is an emancipated minor;

     (2)  The licensed driver shall be licensed to operate the same category of motor vehicles as the motor vehicle being operated by the holder of the instruction permit; and

     (3)  All occupants of the motor vehicle shall be restrained by a seat belt assembly or a child passenger safety restraint system as required under sections 291-11.5 and 291-11.6, notwithstanding any other law to the contrary.

     (e)  A holder of a temporary instruction permit age fifteen years and six months or older, but under the age of eighteen years shall not operate a motor vehicle while engaging in various tasks not associated with operating a motor vehicle, including but not limited to the following:

     (1)  Using a wireless telephone, including a wireless telephone equipped with a hands-free device, or any other electronic devices including, but not limited to, portable video games, portable DVD players, text messengers, Palms, Treos, or Blackberries;

     (2)  Consuming food or beverages;

     (3)  Engaging in personal grooming that requires the use of a comb, brush, or other personal grooming device; or

     (4)  Attempting to reach for any other object or device not related to or necessary for driving.

     [(e)] (f)  No holder of a temporary instruction permit shall operate a motorcycle or a motor scooter during hours of darkness or carry any passengers.

     [(f)] (g)  No holder of a category 1 or 2 temporary instruction permit shall have the permit renewed, nor shall the holder be issued another temporary instruction permit for the same purpose, unless the holder has taken the examination for a category 1 or 2 license at least once prior to the expiration of the temporary instruction permit.  If the holder of a temporary instruction permit fails to meet the requirements of this section, the holder shall not be permitted to apply for another category 1 or 2 temporary instruction permit for a period of three months.  Nothing in this subsection shall affect the right and privilege of any holder of a category 1 or 2 temporary instruction permit to obtain a temporary instruction permit or driver's license for the operation of any other type of motor vehicle.

     [(g)] (h)  The examiner of drivers may accept an application for renewal of an instruction permit no more than thirty days prior to or ninety days after the expiration date of the instruction permit, whereupon the applicant for renewal of an instruction permit shall be exempt from subsection (b)(2) and (3).  If an application for renewal of an instruction permit is not made within ninety days after the expiration date of the permit, the applicant shall be treated as applying for a new instruction permit and examined in accordance with subsection (b).

     [(h)] (i)  Notwithstanding any other law to the contrary, the examiner of drivers may issue an instruction permit to an applicant with a disability who has completed a medical review with this State, and as a condition to licensure is required to pass a road test, but has failed the road test on the applicant's first attempt.  The instruction permit issued under this subsection may be renewed no more than thirty days prior to or ninety days after the expiration date of the instruction permit upon receiving an updated medical report.  [Subsections] Subsection (b)(2) and (3) shall not apply to the issuance or renewal of an instruction permit issued under this subsection.

     For the purposes of this subsection, "applicant with a disability" means an applicant who the examiner of drivers has reasonable cause to believe may have a mental or physical infirmity or disability that would make it unsafe to operate a motor vehicle pursuant to section 286-119 and has been medically evaluated by the medical advisory board established pursuant to section 286-4.1."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.