Limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permits
HRS §286-104.5
in effect286-104.5. Limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permits
(a) Notwithstanding section 286-104(7) to the contrary, every person who submits an application for a driver's license, provisional driver's license, or instruction permit that satisfies the requirements of this chapter except for the applicant's inability or refusal to provide satisfactory proof of authorized presence in the United States under federal law shall be issued a limited purpose driver's license, a limited purpose provisional driver's license, or a limited purpose instruction permit that is uniquely identified in compliance with the REAL ID Act of 2005 upon satisfactory proof to the examiner of drivers of the applicant's identity and residency in the State. The examiner of drivers shall accept various types of documentation for the purpose of establishing the applicant's identity and residency in the State, which may be established by more than one document. Acceptable documentation includes:
(1) A valid, unexpired consular identification
document issued by a consulate from the applicant's country of citizenship or a
valid, unexpired passport from the applicant's country of citizenship;
(2) An original birth certificate or other proof of
age, as designated by the examiner of drivers;
(3) A current home utility bill, lease, or rental
agreement, or deed or title to real property in the
State, as designated by the examiner of drivers;
(4) A United States
Department of Homeland Security Form I-589, Application for Asylum and for
Withholding of Removal;
(5) An official school or
college transcript that includes the applicant's date of birth or a foreign
school record that is sealed and includes a photograph of the applicant at the
age the record was issued;
(6) An official school or
college identification card that includes the applicant's full name and a
photograph of the applicant at the time the identification was issued;
(7) A United States
Department of Homeland Security Form I-20 or Form DS-2019;
(8) A United States Customs
and Immigration Services Deferred Action for Childhood Arrival Approval Letter;
(9) A valid identification
card for health benefits;
(10) A valid identification card for an assistance or
social services program;
(11) A current voter registration card issued by the
State;
(12) A wage stub issued in the last six months;
(13) An income tax return filed in the last two years;
(14) A social security card;
(15) One of the following documents which, if in a
language other than English, shall be accompanied by a certified translation or
an affidavit of translation into English:
(A) Marriage license or divorce certificate;
(B) Foreign federal electoral photo card
issued on or after January 1, 1991;
(C) Foreign student identification card; or
(D) Foreign driver's license; or
(16) Other proof of Hawaii residency as designated by
the director.
(b) Except as otherwise provided in this
subsection, every application under this section shall be made upon the form
and in the manner required by section 286-111 and shall be accompanied by the
fee established for non-limited purpose licenses or permits pursuant to section
286-111. The examiner of drivers shall not require any applicant under this
section to furnish information regarding the applicant's eligibility or
ineligibility for a social security number. The examiner shall not disclose
the identity of any applicant who does not provide a social security card or
social security number.
(c) Every limited purpose driver's license,
limited purpose provisional driver's license, and limited purpose instruction
permit issued pursuant to this section shall on its face and machine readable
zone bear the phrase, "Not acceptable for official federal purposes",
and on its reverse bear the phrase, "This license is issued only as a
license to drive a motor vehicle. It does not establish eligibility for
employment, voter registration, or public benefits", and be of a unique design
or color indication that clearly distinguishes them from the State's compliant
driver's licenses, provisional driver's licenses, and instruction permits. If
the United States Department of Homeland Security determines that limited
purpose licenses or permits issued pursuant to this section do not satisfy the
requirements of title 6 Code of Federal Regulations section 37.71, adopted pursuant
to section 202 of the REAL ID Act of 2005, Public Law 109-13, the examiner of
drivers, under the direction of the department, shall modify the limited
purpose licenses and permits issued pursuant to this section only to the extent
necessary to satisfy the requirements of the federal law.
(d) Every limited purpose driver's license and
limited purpose provisional driver's license shall expire in accordance with
section 286-106, and every limited purpose instruction permit shall expire in
accordance with section 286-110.
(e) A limited purpose driver's license or
limited purpose provisional driver's license may be renewed in accordance with
section 286-107 and reactivated in accordance with section 286‑107.5. A
limited purpose instruction permit may be renewed in accordance with section
286-110.
(f) It shall be a violation of law to
discriminate against a person because the person applied for, was denied, was
issued, holds, or presents a limited purpose driver's license, limited purpose
provisional driver's license, or limited purpose instruction permit.
(g) A limited purpose license or limited
purpose instruction permit issued pursuant to this section shall not be used to
consider a person's citizenship or immigration status as a basis for a criminal
investigation, arrest, or detention.
(h) Documents and information collected
pursuant to an application for, denial of, or issuance of a limited purpose
driver's license, limited purpose provisional driver's license, or limited
purpose instruction permit shall be confidential and shall not be disclosed by
the examiner of drivers or the department except as required by law.
(i) The director shall adopt rules in
accordance with chapter 91 to implement this section.
[L 2015, c 172, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0286/HRS_0286-0104_0005.htmFetched: 11/10/2026