Licensing
HRS §286-102
in effect286-102. Licensing
(a) No person, except one:
(1) Exempted under section 286‑105;
(2) Who holds an instruction permit under section 286‑110;
(3) Who holds a limited purpose driver's license,
limited purpose provisional driver's license, or limited purpose instruction
permit under section 286-104.5;
(4) Who holds a provisional license under section 286‑102.6;
(5) Who holds a commercial driver's license issued
under section 286‑239; or
(6) Who holds a commercial driver's license
instruction permit issued under section 286‑236,
shall operate any category of motor vehicles listed
in this section without first being appropriately examined and duly licensed as
a qualified driver of that category of motor vehicles.
(b) A person operating
the following category or combination of categories of motor vehicles shall be
examined as provided in section 286-108 and duly licensed by the examiner of
drivers:
(1) Mopeds;
(2) Motorcycles, except for autocycles as described
in paragraph (2) of the definition of "motorcycle" in section 286-2,
and motor scooters;
(3) Passenger cars of any gross vehicle weight
rating, buses designed to transport fifteen or fewer occupants, trucks and vans
having a gross vehicle weight rating of eighteen thousand pounds or less, and
autocycles as described in paragraph (2) of the definition of
"motorcycle" in section 286-2; and
(4) All of the motor vehicles in category (3) and any
vehicle that is not a commercial motor vehicle.
A school bus, small bus, motorcoach, or van
operator shall be properly licensed to operate the category of vehicles that
the operator operates as a school bus, small bus, motorcoach, or van and shall
comply with the standards of the department of transportation as provided by
rules adopted pursuant to section 286-181.
(c) No person shall receive a driver's license
without surrendering to the examiner of drivers all valid driver's licenses and
all valid identification cards in the person's possession. All licenses and
identification cards so surrendered shall be shredded; provided that with the
exception of driver's licenses issued by any Canadian province, a foreign
driver's license may be returned to the owner after being invalidated pursuant
to issuance of a Hawaii license; provided further that the examiner of drivers
shall notify the authority that issued the foreign license that the license has
been invalidated and returned because the owner is now licensed in this State;
and provided further that all commercial driver's licenses that are surrendered
shall be shredded. No person shall be permitted to hold more than one valid
driver's license at any time.
(d) Before issuing a driver's license, the
examiner of drivers shall complete a check of the applicant's driving record to
determine whether the applicant is subject to any disqualification under
section 286-240, or any license suspension, revocation, or cancellation, and
whether the applicant has a driver's license from more than one state or
jurisdiction. The record check shall include but is not limited to the
following:
(1) A check of the applicant's driving record as
maintained by the applicant's state or jurisdiction of licensure;
(2) A check with the commercial driver license
information system;
(3) A check with the National Driver Register; and
(4) If the driver is renewing a commercial driver's
license for the first time after September 30, 2002, a request for the
applicant's complete driving record from all states where the applicant was
previously licensed to drive any motor vehicle over the last ten years;
provided that a notation is made on the driving record confirming the check has
been made and the date it was done.
(e) Notwithstanding sections 291E-61.6 and
[291E-44.5], in addition to other qualifications and conditions by or pursuant
to this part, the right of an individual to hold a motor vehicle operator's
license or permit issued by the county is subject to the requirements of
section 576D-13.
Upon receipt of certification from the child
support enforcement agency pursuant to section 576D-13 that an obligor or
individual who owns or operates a motor vehicle is not in compliance with an
order of support as defined in section 576D-1 or has failed to comply with a
subpoena or warrant relating to a paternity or child support proceeding, the
examiner of drivers shall suspend the license and right to operate motor
vehicles and confiscate the license of the obligor. The examiner of drivers
shall not reinstate an obligor's or individual's license until the child
support enforcement agency, the office of child support hearings, or the family
court issues an authorization that states the obligor or individual is in
compliance with an order of support or has complied with a subpoena or warrant
relating to a paternity or child support hearing.
The licensing authority may adopt rules
pursuant to chapter 91 to implement and enforce the requirements of this
section.
[L 1967, c 214, pt of §2; HRS §286-102; am L 1970, c 164, §1(1) and
§3; am L 1971, c 127, §1; am L 1972, c 2, pt of §6; am L 1973, c 152, §1(b) and
c 214, §1; am L 1974, c 80, §1; am L 1976, c 5, §1 and c 53, §1; am L 1979, c
85, §1; am L 1984, c 169, §1; gen ch 1985; am L 1989, c 320, §4; am L 1990, c
342, §18; am L 1991, c 67, §1; am L 1992, c 76, §1; am L 1997, c 54, §1 and c
293, §12; am L 1999, c 261, §2; am L 2002, c 37, §1; am L 2004, c 103, §2; am L
2005, c 72, §§2, 15; am L 2010, c 16, §1 and c 85, §2; am L 2012, c 10, §1, c
310, §7, and c 327, §5; am L 2013, c 114, §2; am L 2015, c 131, §3 and c 172,
§3; am L 2018, c 191, §2; am L 2025, c 140, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0286/HRS_0286-0102.htmFetched: 11/10/2026