HOUSE OF REPRESENTATIVES

H.B. NO.

133

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to motor vehicle driver licensing.

 

 

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

 


     SECTION 1.  In the United States, motor vehicle accidents are the leading cause of death for teens sixteen to nineteen years of age.  Drivers sixteen to seventeen years old have the highest rate of involvement in motor vehicle accidents resulting in the death of the occupants of other vehicles and non-motorists.  In 2010, sixteen people were killed in motor vehicle accidents involving teen drivers in Hawaii.  Over the past five years, Hawaii motor vehicle accidents involving teen drivers claimed one hundred lives.  Nationally, since 2000, more than eighty-five thousand people have been killed in motor vehicle accidents involving teen drivers.

     Drivers who hold instruction permits are not subject to having their instruction permit revoked or suspended upon committing a traffic violation that is unrelated to alcohol, unlike those who hold a provisional license.  Provisional licenses are issued only to certain drivers under the age of eighteen, while instruction permits are available to individuals aged fifteen years and six months or older.

     The purpose of this Act is to improve highway safety by authorizing courts to suspend or revoke instruction permits in a manner similar to the suspension or revocation of a provisional license for a driver who commits a traffic offense.

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended by adding three new sections to part VI to be appropriately designated and to read as follows:

     "§286-     Instruction permits; penalties for persons under eighteen years of age.  (a)  If a person under eighteen years of age who holds an instruction permit violates any of the requirements of section 286-110(d) or (e):

     (1)  For a first infraction or violation of any requirement, the instruction permit shall be suspended for a period of three months by a district court or family court judge.  If the person's instruction permit is suspended, the person shall not be eligible for reissuance of the instructional permit until:

         (A)  The person is eighteen years of age; or

         (B)  Three months have elapsed since the date of suspension,

          whichever is later, and the person has otherwise satisfied the requirements of this chapter; and

     (2)  For a second or any subsequent infraction or violation of any requirement, the instruction permit shall be revoked for six months by a district court or family court judge.  If the person's instruction permit is revoked, the person shall not be eligible for reissuance of the instruction permit until:

         (A)  The person is eighteen years of age; or

         (B)  Six months have elapsed since the date of revocation,

          whichever is later, and the person has otherwise satisfied the requirements of this chapter.

Suspension or revocation of an instruction permit pursuant to this subsection shall be exempt from proof of financial responsibility requirements under section 287-20.

     (b)  If a person under eighteen years of age who holds an instruction permit is adjudicated of an offense relating to the operation of a motor vehicle other than the requirements of section 286-110(d) or (e):

     (1)  For a first infraction or violation, the instruction permit shall be suspended or revoked by a district court or family court judge, in addition to any other penalties that may be prescribed by law.  If the person's instruction permit is suspended or revoked, the person shall not be eligible for reissuance of the instruction permit or issuance of a provisional license or driver's license until:

         (A)  The person is eighteen years of age; or

         (B)  Six months have elapsed since the date of suspension or revocation,

          whichever is later, and the person has otherwise satisfied the requirements of this chapter; and

     (2)  For a second or any subsequent infraction or violation, the instruction permit shall be revoked for one year by a district court or family court judge, in addition to any other penalties that may be prescribed by law.  If the person's instruction permit is revoked, the person shall not be eligible for reissuance of the instruction permit or issuance of a provisional license or driver's license until:

         (A)  The person is eighteen years of age; or

         (B)  One year has elapsed since the date of revocation,

          whichever is later, and the person has otherwise satisfied the requirements of this chapter.

     §286-     Instruction permits; penalties for persons eighteen years of age and older.  (a)  If a person eighteen years of age or older who holds an instruction permit violates any of the requirements of section 286-110(d) or (e) applicable to persons eighteen years and older:

     (1)  For a first infraction or violation of a requirement, the instruction permit shall be suspended for a period of three months by a district court judge.  If the person's instruction permit is suspended, the person shall not be eligible for reissuance of the instructional permit until three months have elapsed since the date of suspension and the person has otherwise satisfied the requirements of this chapter; and

     (2)  For a second or any subsequent infraction or violation of any requirement, the instruction permit shall be revoked for six months by a district court judge.  If the person's instruction permit is revoked, the person shall not be eligible for reissuance of the instruction permit until six months have elapsed since the date of revocation and the person has otherwise satisfied the requirements of this chapter.

Suspension or revocation of an instruction permit pursuant to this subsection shall be exempt from proof of financial responsibility requirements under section 287-20.

     (b)  If a person eighteen years of age or older who holds an instruction permit is adjudicated of an offense relating to the operation of a motor vehicle other than the requirements of section 286-110(d) or (e):

     (1)  For a first infraction or violation, the instruction permit shall be suspended or revoked by a district court judge, in addition to any other penalties that may be prescribed by law.  If the person's instruction permit is suspended or revoked, the person shall not be eligible for reissuance of the instruction permit or issuance of a driver's license until six months have elapsed since the date of suspension or revocation, and the person has otherwise satisfied the requirements of this chapter; and

     (2)  For a second or any subsequent infraction or violation, the instruction permit shall be revoked for one year by a district court judge, in addition to any other penalties that may be prescribed by law.  If the person's instruction permit is revoked, the person shall not be eligible for reissuance of the instruction permit or issuance of a provisional license or driver's license until one year has elapsed since the date of revocation, and the person has otherwise satisfied the requirements of this chapter.

     §286-     Notification by the family and district courts.  Notwithstanding any other provision of law to the contrary, for the purposes of  sections 286-    and 286-   , the district court and family court shall notify the examiner of drivers of all persons who have pending infractions, violations, or proceedings that may result in the suspension or revocation of the instruction permit, and any pending adjudication of an offense relating to the operation of a motor vehicle."

     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.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Motor Vehicle Licensing; Instruction Permit; Penalties

 

Description:

Authorizes courts to revoke or suspend instruction permits for drivers who commit traffic offenses.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.