Motor Vehicle Driver Licensing

HRS div. 1, tit. 17, ch. 286, pt. VI

in effect

HRS §286-101 Designation of examiner of drivers

286-101. Designation of examiner of drivers The chief executive of each county shall designate one or more persons, residing in the county, each of whom shall be a competent operator of motor vehicles, to be known as the examiner of drivers, and whose duty it shall be to examine into the qualifications and fitness of any person desiring to secure or to renew a license to operate a motor vehicle as provided in this part. [L 1937, c 234, pt of §1; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, pt of §7301; RL 1955, §160-31; HRS §286-101; am L 1969, c 128, §1(1); am L 1970, c 152, §1 and c 164, §3]

HRS §286-101.5 Reciprocal licensing privileges

286-101.5. Reciprocal licensing privileges (a) The director may grant reciprocal licensing privileges to any person eighteen years of age or older who holds a license from another country or state, thereby allowing the examiner of drivers to waive examination requirements under section 286-108(c)(3), if: (1) That jurisdiction has procedures in place to verify the validity of the driver's licenses it issues; (2) That jurisdiction has granted a waiver of all or any part of the driver's license examination requirements for Hawaii licensed drivers applying for a driver's license in that jurisdiction; and (3) The director determines that the standards of that jurisdiction for licensing operators of motor vehicles correspond substantially to those of this State. (b) The director shall publish on the department of transportation's public internet site a list of the countries for which reciprocal operating privileges have been extended and those that have been withdrawn. The most recent list shall be transmitted to the courts, county prosecuting attorneys, and county police chiefs. (c) The director may require an applicant for reciprocal licensing privileges to provide translation of the license and documents from the other jurisdiction if the license and documents are in languages other than Hawaiian or English. (d) The director may adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2015, c 131, §2]

HRS §286-102 Licensing

286-102. 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]

HRS §286-102.3 Commercial drivers under the age of twenty-one

286-102.3. Commercial drivers under the age of twenty-one A person is qualified to drive commercially in the State in intrastate commerce if the person: (1) Is at least nineteen years of age; (2) Is in compliance with title 49 Code of Federal Regulations, part 390-396, subpart B, except section 391.11(b)(1) in the case of an intrastate driver involved in intrastate commerce in the State; (3) Only operates a category 3 vehicle as defined in section 286-102(b)(3); (4) Shall not transport hazardous materials as defined in section 286-2, nor passengers in a school vehicle as defined in section 286-181; and (5) Has had a category 3 state driver's license for the two years immediately preceding driving commercially under this section, with the following conditions: (A) Has not had any license suspended, revoked, or canceled; and (B) Has not had any conviction for: (i) Speeding excessively involving any speed of fifteen miles per hour or more above the speed limit; (ii) Driving recklessly, as defined by state or local law or regulation, including but not limited to offenses of driving a motor vehicle in wilful or wanton disregard for the safety of person or property; (iii) Making improper or erratic traffic lane changes; (iv) Following the vehicle ahead too closely; or (v) Violating state or local law relating to motor vehicle traffic control, excluding parking violations, arising in connection with a fatal accident. [L 2007, c 288, §1]

HRS §286-102.5 Military Selective Service Act; Selective Service System registration

286-102.5. Military Selective Service Act; Selective Service System registration (a) Qualified applicants for a motor vehicle [driver's] license pursuant to section 286-107 or 286-108 or an instruction permit pursuant to section 286-110 shall be registered with the United States Selective Service System in compliance with Title 50 United States Code Appendix section 453, as amended. (b) Every qualified applicant identified in subsection (a) shall be required to authorize the examiner of drivers to: (1) Collect the necessary personal information required for registering the qualified applicant with the United States Selective Service System; and (2) Electronically transmit the information to the Selective Service System pursuant to subsection (d) for purposes of registering the qualified applicant with the United States Selective Service System. (c) The examiner of drivers shall notify all qualified applicants identified in subsection (a) that by submitting an application, the qualified applicant is consenting to registration with the United States Selective Service System, if so required by federal law. (d) The examiner of drivers shall collect from a qualified applicant the necessary personal information required for registering the qualified applicant with the United States Selective Service System. The examiner of drivers shall transmit the necessary personal information of the qualified applicant in an electronic format to the United States Selective Service System to register the qualified applicant. (e) For purposes of this section, "qualified applicant" means male United States citizens and immigrants at least eighteen years of age but less than twenty-six years of age. [L 2001, c 86, §2]

HRS §286-102.6 Provisional license for persons under the age of eighteen

286-102.6. Provisional license for persons under the age of eighteen (a) A person may be granted a provisional license to drive passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and vans having a gross vehicle weight rating of fifteen thousand pounds or less if the person: (1) Is at least sixteen years of age but under the age of eighteen; (2) Holds an instruction permit and has held the permit for a period of at least one hundred eighty days and there is no pending proceeding that might result in the suspension or revocation of the instruction permit; and (3) Satisfactorily completes all requirements of sections 286-108 and 286-109. (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. (c) A provisional licensee may drive between the hours of 11:00 p.m. and 5:00 a.m. without a licensed parent or guardian in the motor vehicle under the following conditions: (1) The provisional licensee is traveling to or from the provisional licensee's place of employment, operation of the motor vehicle is necessary for this purpose, and the provisional licensee keeps in the provisional licensee's possession a signed statement from the employer containing the employer's name, address, telephone number, and verification of employment and work hours; or (2) The provisional licensee is traveling to or from a school-authorized activity of the provisional licensee, operation of a motor vehicle is necessary for this purpose, and the provisional licensee keeps in the provisional licensee's possession a signed statement from a parent or guardian containing the parent's or guardian's name, address, and telephone number, and verification that operation of the motor vehicle by the provisional licensee is necessary to travel to or from the school-authorized activity; provided that the provisional licensee shall not transport more than one person under the age of eighteen between the hours of 11:00 p.m. and 5:00 a.m. without being accompanied and supervised by a licensed driver who is the provisional licensee's parent or guardian. (d) If the provisional licensee violates any of the requirements of subsection (b) or (c): (1) For a first violation of any requirement, the provisional license shall be suspended for a period of three months by a district court or family court judge. If the person's provisional license is suspended, the person shall not be eligible for reissuance of the provisional license or issuance of a driver's license until: (A) The person is eighteen years of age; or (B) Three months have elapsed since the date of suspension, whichever is sooner, and the person has otherwise satisfied the requirements of this chapter; and (2) For a second or any subsequent violation of any requirement, the provisional license shall be revoked for six months by a district court or family court judge. If the person's provisional license is revoked, the person shall not be eligible for reissuance of the provisional license or issuance of a driver's license until: (A) The person is eighteen years of age; or (B) Six months have elapsed since the date of revocation, whichever is sooner, and the person has otherwise satisfied the requirements of this chapter. Suspension or revocation of a provisional license pursuant to this subsection shall be exempt from proof of financial responsibility requirements under section 287-20. (e) If the provisional licensee is adjudicated of an offense relating to the operation of a motor vehicle other than the requirements of subsection (b) or (c): (1) For a first adjudication, the provisional license 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 provisional license is suspended or revoked, the person shall not be eligible for reissuance of the provisional license or issuance of a 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 sooner, and the person has otherwise satisfied the requirements of this chapter; and (2) For a second or any subsequent adjudication, the provisional license 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 provisional license is revoked, the person shall not be eligible for reissuance of the provisional license or issuance of a 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. (f) A provisional licensee may be issued a driver's license in accordance with this chapter if the provisional licensee: (1) Has satisfactorily held a provisional license for at least six months or has attained the age of eighteen, whichever comes first; (2) Has no pending proceeding that might result in the suspension or revocation of the license; (3) Is at least seventeen years of age; and (4) Has satisfactorily complied with all requirements of this chapter. (g) If not suspended or revoked, the provisional license shall expire on the date of the provisional licensee's nineteenth birthday. (h) The fee for a provisional license shall be set in accordance with section 286‑111. (i) This section shall not apply to the licensing of: (1) An emancipated minor; and (2) Motorcycle or motor scooter drivers. (j) For the purposes of this section, "household member" shall have the same meaning as defined in section 291E-1. (k) Notwithstanding any other provisions, for the purposes of this section, the district court and family court shall notify the driver's license examiner of all persons under the age of eighteen who have pending violations or proceedings that might result in the suspension or revocation of the provisional license, and any pending adjudication of an offense relating to the operation of a motor vehicle. [L 2005, c 72, §§1, 15; am L 2006, c 105, §1; am L 2007, c 74, §1; am L 2010, c 85, §§1, 2]

HRS §286-103 Restrictions on driver's license; rules and regulations

286-103. Restrictions on driver's license; rules and regulations The examiner of drivers may adopt rules and regulations restricting the use of a driver's license in any manner the examiner of drivers may deem necessary for the safety and welfare of the traveling public and may impose restrictions with respect to the type of equipment or special mechanical control devices required on the motor vehicle operated by the licensee appropriate to the driving ability of the licensee. Any restrictions shall be indicated on the license issued. [L 1967, c 214, pt of §2; HRS §286-103; am L 1970, c 164, §3; gen ch 1985]

HRS §286-104 Which persons shall not be licensed

286-104. Which persons shall not be licensed The examiner of drivers shall not issue any license to any person: (1) Whose license has been suspended by a court of competent jurisdiction during the suspension period, nor to any person whose license has been revoked until the expiration of one year after the date of the revocation, or until the expiration of the period of revocation specified by law, whichever is greater, except as provided under sections 286-102.6(d) and 286-102.6(e) for suspensions and revocations of a provisional license; nor to any person who, while unlicensed, has within two years been convicted of operating a vehicle under the influence of an intoxicant or, prior to January 1, 2002, of driving under the influence of alcohol or drugs; (2) Who is required by this part to take an examination, unless the person has successfully passed the examination; (3) Who is required under the motor vehicle financial responsibility laws of this State to deposit proof of financial responsibility and who has not deposited the proof; (4) Who the examiner of drivers has good cause to believe would not be able to operate a motor vehicle with safety upon the highways by reason of physical or mental disability; (5) Who is under eighteen years of age; provided that a person: (A) Who is fifteen years and six months of age may be granted an instruction permit; (B) Who is at least sixteen and less than eighteen years of age may be granted a provisional license upon satisfying the requirements of section 286-102.6; (C) Who is at least seventeen and less than eighteen years of age may be granted a license upon satisfying the requirements of section 286-102.6, which license may be suspended or revoked by a judge having jurisdiction over the holder of the license. Upon revocation of the license, the person shall not be eligible to operate a motor vehicle on the highway until the person is eighteen years of age and has again satisfied the requirements of sections 286-108 and 286-109; or (D) Who is an emancipated minor may be granted a license upon satisfaction of all requirements of this chapter applicable to persons eighteen years of age or older; (6) Who is not in compliance with section 286-102.5; or (7) Who does not submit proof, satisfactory to the director, that the applicant's presence in the United States is authorized by federal law. The director shall adopt rules in accordance with chapter 91 that provide for standards of proof and for exemptions from this requirement. Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129. [L 1937, c 234, §4; am L 1943, c 121, §1; RL 1945, §7304; am L 1947, c 38, §1; RL 1955, §160-34; am L 1967, c 214, §8; HRS §286-104; am L 1970, c 164, §3 and c 188, §39; am L 1980, c 54, §1; am L 1985, c 258, §2; gen ch 1985; am L 1990, c 34, §15; am L 1996, c 36, §1; am L 1997, c 153, §1 and c 330, §2; am L 1999, c 175, §1; am L 2001, c 86, §3 and c 157, §6; am L 2002, c 16, §13; am L 2005, c 72, §§3, 15; am L 2010, c 38, §1 and c 85, §2]

HRS §286-104.5 Limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permits

286-104.5. 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]

HRS §286-105 What persons are exempt from license

286-105. What persons are exempt from license The following persons are exempt from license: (1) Any person while driving or operating a motor vehicle in the service or employ of any branch or agency of the federal government; provided that the person has received a license or permit from the branch or agency to operate and drive the motor vehicle; provided further that the branch or agency has been duly authorized by the federal government to issue the license or permit; (2) Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway, or tractor trucks, forklifts, and top picks being used as marine terminal equipment temporarily moving in or between terminals at: (A) Sand Island and along Sand Island Parkway and Sand Island Access Road; (B) Kalanianaole Avenue between Kuhio Street and Kahanu Street, abutting Hilo Harbor; (C) Kawaihae-Mahukona Road abutting Kawaihae Harbor; (D) East Kaahumanu Avenue between Hobron Avenue and Kane Street, abutting Kahului Harbor; and (E) Waipaa Road abutting Nawiliwili Harbor; provided that no person under the age of thirteen years shall be permitted to drive or operate any such road machine, farm tractor, implement of husbandry, on a highway, or tractor trucks, forklifts, and top picks being used as marine terminal equipment temporarily moving in or between terminals identified in subparagraphs (A) through (E); (3) Any person who is at least eighteen years of age and who has in the person's possession a valid driver's license to drive the categories of motor vehicles listed in section 286-102(b), except section 286‑102(b)(4), that is equivalent to a driver's license issued in this State but was issued to the person in another state of the United States, the Commonwealth of Puerto Rico, United States Virgin Islands, American Samoa, Guam, a province of the Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for that category of motor vehicle that the person is operating; (4) Any person who has in the person's possession a valid commercial motor vehicle driver's license issued by any state of the United States, Mexico, or a province of the Dominion of Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses; and (5) Any person who drives or operates state or county motor vehicles while employed by, in the service of, or volunteering for the state or county fire departments; provided that they are trained and certified to drive category (4) motor vehicles as set forth in section 286-102(b)(4) by the state or county government, as appropriate; provided further that the person maintains a category (3) license as set forth in section 286-102(b)(3). [L 1937, c 234, §3; RL 1945, §7303; am L Sp 1949, c 19, §3; RL 1955, §160-33; am L 1957, c 82, §1 and c 159, §1; am L 1967, c 214, §7; HRS §286-105; am L 1970, c 164, §3; am L 1971, c 127, §2; am L 1972, c 2, pt of §6; am L 1976, c 5, §2; am L 1979, c 108, §1; gen ch 1985; am L 1986, c 224, §2; am L 1989, c 320, §5; am L 1990, c 11, §1 and c 342, §19; am L 1993, c 268, §1; am L 1997, c 73, §1; am L 2017, c 115, §3; am L 2019, c 220, §3]

HRS §286-106 Expiration of licenses

286-106. Expiration of licenses Every driver's license issued under this part, except for a provisional license issued under section 286-102.6 that shall expire on the date of the provisional licensee's nineteenth birthday, whether an original issuance or a renewal, shall expire on the first birthday of the licensee occurring no less than eight years after the date of the issuance of the license, unless sooner revoked or suspended; provided that: (1) The license shall expire on the first birthday of the licensee occurring no less than four years after the date of the issuance if, at the time, the licensee is: (A) Twenty-four years of age or younger; or (B) Seventy-two years of age or older but younger than eighty years of age; (2) The license shall expire on the first birthday of the licensee occurring no less than two years after the date of the issuance of the license if, at that time, the licensee is eighty years of age or older; and (3) If the licensee is a legal immigrant, the license shall expire no later than the licensee's authorized period of stay in the United States. The examiner of drivers may issue a license for a shorter period if the licensee has a physical condition or conditions that the examiner of drivers reasonably believes may impair the driver's ability to drive. [L 1967, c 214, pt of §2; HRS §286-106; am L 1970, c 164, §1(2) and §3; am L 1974, c 97, §1; gen ch 1985; am L 1989, c 296, §1; am L 1997, c 60, §1 and c 330, §3; am L 2005, c 72, §§4, 15; am L 2008, c 50, §§2, 4; am L 2010, c 38, §§2, 6 and c 85, §2; am L 2022, c 159, §1]

HRS §286-106.5 Expiration of licenses; out-of-country active duty military personnel and dependents

286-106.5. Expiration of licenses; out-of-country active duty military personnel and dependents Notwithstanding section 286-106, the expired driver's license of a member of any component of the United States armed forces who is on active federal service, or the member's dependent if the dependent accompanied the member, and whose driver's license expired while the member was deployed outside the United States, shall remain valid for ninety days after the service member's return to the United States. [L 2008, c 50, §1; am L 2012, c 22, §1]

HRS §286-107 License renewals; procedures and requirements

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), 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) [Subsection effective until June 30, 2025. For subsection effective July 1, 2025, see below.] 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) except as provided under subsection (h), 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 it shall be treated as an application 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, physician assistant, or advanced practice registered nurse certifying that the applicant was examined by the licensed physician, physician assistant, or advanced practice registered nurse not more than six months prior to the expiration date of the applicant's license and that the applicant was found by the 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 the 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. (c) [Subsection effective July 1, 2025. For subsection effective until June 30, 2025, see above.] Any person who holds a category (1), (2), or (3) license issued under this part may apply for a renewal of the license online via any electronic or digital means provided by the examiner of drivers, or by mail, if the person is not disqualified from renewing the license under subsection (a) except as provided under subsection (h). 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 it shall be treated as an application 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 by electronic or digital means or by mail pursuant to this subsection shall be accompanied by a statement from a licensed physician, physician assistant, or advanced practice registered nurse certifying that the applicant was examined by the licensed physician, physician assistant, or advanced practice registered nurse no more than six months before the expiration date of the applicant's license and that the applicant was found by the examination to have met the physical requirements established by the state director of transportation for the renewal of licenses. The application for renewal by electronic or digital means or by mail 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 the license is concurrently surrendered); and (2) Any 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) An applicant for a renewal of the applicant's driver's license, whether applying pursuant to subsections (b) or (c), 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) 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) is tendered together with the application for renewal; (3) The applicant complies with section 286-102.5; and (4) The examiner of drivers is satisfied that the applicant does not have outstanding charges and fines relating to the disposition of an abandoned vehicle. (f) [Subsection effective until June 30, 2025. For subsection effective July 1, 2025, see below.] No driver's license shall be renewable by mail: (1) For more than two consecutive renewals, regardless of whether the license expires, as provided under section 286-106, on the eighth, fourth, or second birthday after issuance; or (2) Sixteen years have lapsed since the applicant had appeared in person; 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. (f) [Subsection effective July 1, 2025. For subsection effective until June 30, 2025, see above.] No driver's license shall be renewable by electronic or digital means or by mail: (1) For more than two consecutive renewals, regardless of whether the license expires, as provided under section 286-106, on the eighth or fourth birthday after issuance; or (2) Sixteen years have lapsed since the applicant had appeared in person; 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. (g) Notwithstanding subsection (a), any applicant for a renewal of a driver's license who is a member of any component of the United States armed forces and who is on active federal service outside of the State at the time the applicant's license should be renewed, may file an application for a renewal of the driver's license, which shall be accompanied by verification of federal active service outside the State as required by the examiner of drivers, within ninety days of the applicant's return to the State or discharge from hospitalization. The examiner of drivers may waive the reactivation fee otherwise required by section 286-107.5. (h) 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. [L 1974, c 97, §3; am L 1975, c 194, §§1, 2; am L Sp 1977 1st, c 20, §12; gen ch 1985; am L 1986, c 232, §1; am L 1987, c 318, §1; am L 1997, c 60, §§2, 3 and c 330, §4; am L 2001, c 86, §4; am L 2002, c 48, §1; am L 2006, c 221, §1; am L 2009, c 151, §4; am L 2014, c 45, §3; am L 2016, c 15, §1; am L 2022, c 229, §6; am L 2023, c 243, §1]

HRS §286-107.5 Reactivation of expired license; fees; road test waived

286-107.5. Reactivation of expired license; fees; road test waived (a) Unless revoked or suspended, and except as provided in subsection (b), all drivers' licenses expired under section 286-106 may be reactivated by the licensee in accordance with the requirements and procedures set forth for the renewal of licenses under section 286-107(b). No person seeking reactivation of an expired license under this subsection shall be required to undergo reexamination of the person's driving skills under section 286-108. The examiner of drivers shall require the holder of an expired license to pay a reactivation fee of $5 for each thirty-day period, or fraction thereof, that has elapsed after the ninety-day grace period. (b) Any driver's license not reactivated under subsection (a) within one year of the indicated date of expiration shall be invalid. The examiner of drivers shall examine all applicants whose licenses have been declared invalid under this subsection in accordance with the licensing procedures established under sections 286-108 and 286-110. [L 1997, c 330, §1]

HRS §286-108 Examination of applicants

286-108. Examination of applicants (a) Except as provided in section 286-107.5(a), the examiner of drivers shall examine every applicant for a driver's license, except as otherwise provided in this part. The examination shall include a test of: (1) The applicant's eyesight and any further physical examination that the examiner of drivers finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways; (2) The applicant's ability to understand highway signs regulating, warning, and directing traffic; (3) The applicant's knowledge of the rules of the road based on the traffic laws of the State and the traffic ordinances of the county where the applicant resides or intends to operate a motor vehicle; provided that the examination shall specifically test the applicant's knowledge of the provisions of section 291C-121.5 and section 291C-137; and (4) The actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The examinations shall be appropriate to the operation of the category of motor vehicle for which the applicant seeks to be licensed and shall be conducted as required by the director. The examiner of drivers shall require every applicant to comply with section 286-102.5. The examiner of drivers may waive the actual demonstration of ability to operate a motorcycle or motor scooter for any person who furnishes evidence, to the satisfaction of the examiner of drivers, that the person has completed the motorcycle education course approved by the director in accordance with section 431:10G-104. For the purposes of this section, the term "applicant" does not include any person reactivating a license under section 286-107.5(a). (b) The examiner of drivers shall require proof from every applicant under the age of eighteen that the applicant has completed a driver education program and a behind-the-wheel driver training course certified by the director of transportation. The examiner of drivers shall not examine any applicant for a provisional license who is sixteen through seventeen years of age unless the applicant holds and has held a valid instruction permit under section 286-110, for a period of no fewer than one hundred eighty days. If the applicant's instruction permit has expired and a new instruction permit was issued within thirty days of its expiration, the examiner of drivers may examine the applicant without requiring an additional one hundred eighty day period. (c) The examiner of drivers may waive the written or oral examination required under subsection (a)(2) and (3) and the actual demonstration of ability to operate a motor vehicle for any person who: (1) Is at least eighteen years of age and who possesses a valid driver's license issued to the applicant in any other state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, a province of the Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for the operation of vehicles in categories 1 through 3 of section 286-102; (2) Has completed the same requirements as set forth in section 286-102.6(f) in another state and possesses a valid provisional license from that state; or (3) Is at least eighteen years of age and who possesses a valid driver's license issued to the applicant in any jurisdiction for which the director has granted reciprocal licensing privileges in accordance with section 286-101.5 for the operation of vehicles in category (3) of section 286-102(b). (d) As part of the examination required by this section, the applicant for a driver's license shall produce and display a valid motor vehicle or liability insurance identification card for the motor vehicle required by sections 431:10C-107 and 431:10G-106, when the applicant demonstrates the ability to operate a motor vehicle to the satisfaction of the examiner of drivers. If no valid motor vehicle or liability insurance identification card is displayed, the examiner of drivers shall not issue a driver's license to the applicant. [L 1937, c 234, §11; RL 1945, §7312; RL 1955, §160-42; am L 1967, c 214, §9; HRS §286-108; am L 1975, c 194, §3; am L Sp 1977 1st, c 20, §12; am L 1978, c 91, §11; am L 1985, c 26, §1; am L 1986, c 224, §1; am L 1990, c 45, §10; am L 1991, c 60, §1; am L 1997, c 104, §1, c 251, §7, c 269, §1, and c 330, §5; am L 1999, c 175, §2; am L 2001, c 86, §5; am L 2002, c 4, §1; am L 2005, c 72, §§5, 15; am L 2008, c 170, §§3, 7; am L 2010, c 85, §2; am L 2013, c 74, §3; am L 2014, c 40, §1; am L 2015, c 131, §4; am L 2016, c 15, §2; am L 2021, c 126, §4]

HRS §286-108.4 Driver education and behind-the-wheel driver

286-108.4. Driver education and behind-the-wheel driver training program.] The director of transportation is directed to establish and certify a statewide driver education program and behind-the-wheel driver training program, to include the number of course hours, curriculum, and certification of teachers and third-party examiners. The director of transportation is also directed to set a cost for the programs to enable the programs to be self-sufficient. The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this [section]. [L 1999, c 175, §4]

HRS §286-109 General provision governing the issuance of licenses

286-109. General provision governing the issuance of licenses (a) Upon payment of the required fee and upon demonstrating the ability to operate a certain category or categories of motor vehicles to the satisfaction of the examiner of drivers, an applicant for a driver's license shall be issued a single license of a design approved by the director of transportation upon which is made a notation of: (1) The person's full legal name, date of birth, gender designation, residence address, and license number; (2) The category or categories of motor vehicles the applicant may operate; (3) Any restrictive provisions to which the license is subject; (4) Veteran status, if desired by the applicant; provided that the notation shall be on the front of the license and shall not include any designation other than the term "veteran"; and (5) When the license is issued to a person under twenty-one years of age, a statement, in clearly legible print that shall contrast with the other information appearing on the license, which indicates the date on which the person will attain the age of twenty-one years. As used in this subsection: "Gender designation" includes the options of F, M, or X. "Veteran" means any person who served in any of the uniformed services of the United States, including veterans of the Korean conflict and persons who served in the armed forces of the Republic of Korea, who fought under the command of the United Nations led by the United States, during the Korean conflict and are currently United States citizens, and was discharged under conditions other than dishonorable. (b) The examiner of drivers shall not issue or renew any driver's license using the driver's social security number on the driver's license. (c) Statutes of limitations and other provisions of this chapter notwithstanding, no driver's license or instruction permit shall be issued or renewed under this section, where the examiner of drivers is notified by the district judge, traffic and emergency period violations bureaus of the district courts, or the judge of the circuit court that the applicant has failed to respond to a traffic citation or summons, or failed to appear in court after an arrest for the violation of any traffic laws of a county, this chapter or chapter 286G, 287, 290, 291, or 291C, or of any motor vehicle insurance laws under article 10C of chapter 431, or of any motorcycle or motor scooter insurance laws under article 10G of chapter 431, and the same remains delinquent and outstanding, or the applicant, has as of the time of the application, failed to comply in full with all orders of the court; provided that this subsection shall not apply to outstanding and delinquent payments pursuant to chapter 291D; provided further that the district court with whose order an applicant has failed to comply in full, may approve the issuance or renewal of a driver's license or instruction permit other than a commercial driver's license upon conditions imposed by the court for the satisfaction of the outstanding court order and any other conditions as may be imposed by the court, if one or more of the following conditions are met: (1) The applicant is gainfully employed in a position that requires driving and will be discharged if the applicant is unable to drive; or (2) The applicant has no access to alternative transportation and therefore must drive to work; provided further that if the applicant has failed to comply in full with orders of the district court of more than one circuit, the applicant shall obtain the approval of the district court of each circuit in which the applicant has an outstanding court order before a driver's license or instruction permit may be issued or renewed under this subsection. A driver's license or instruction permit issued or renewed under this subsection shall be subject to immediate suspension by the court upon the applicant's failure to remain in full compliance with all conditions imposed by the court for the issuance or renewal of the driver's license or instruction permit. The examiner of drivers may place an indication of restriction upon a driver's license or instruction permit issued or renewed under this subsection. Proof of financial responsibility under section 287-20 shall not apply to the issuance or renewal of driver's licenses or instruction permits under this subsection. [L 1967, c 214, pt of §2; HRS §286-109; am L 1970, c 164, §3; am L 1975, c 24, §7; am L Sp 1977 1st, c 20, §12; am L 1985, c 107, §1; am L 1990, c 9, §1; am L 1999, c 269, §1; am L 2002, c 105, §2; am L 2014, c 6, §1; am L 2016, c 24, §2; am L 2019, c 148, §2; am L 2020, c 59, §2; am L 2021, c 185, §17]

HRS §286-109.4 Designation of advance health-care directive

286-109.4. Designation of advance health-care directive On the application form for any driver's license or license renewal, the examiner of drivers shall ask the applicant to designate whether the applicant has an advance health-care directive. The examiner of drivers shall issue or renew a license bearing the designation "advance health-care directive", a symbol, or an abbreviation thereof, for those applicants who have so indicated. "Advance health-care directive" means an individual instruction in writing, a living will, or a durable power of attorney for health care decisions. No specific medical treatment information shall be imprinted on the driver's license. [L 2000, c 295, §1]

HRS §286-109.5 Designation of anatomical gift

286-109.5. Designation of anatomical gift The examiner of drivers shall design and implement a system to request anatomical gift information from all applicants for a driver's license or license renewal, at the time of application, including a method of directly imprinting on a license an applicant's designation of whether the applicant wishes to be an organ donor. The request shall elicit whether the applicant wishes to be an organ donor in the event of the applicant's death. Note Developing an organ donor registry. L 2008, c 165. [L 1975, c 80, §1; am L Sp 1977 1st, c 20, §12; gen ch 1985; am L 1990, c 18, §2]

HRS §286-109.6 Limited access to driver's license anatomical gift data

286-109.6. Limited access to driver's license anatomical gift data The examiner of drivers shall adopt rules pursuant to chapter 91 to allow an organ procurement organization twenty-four-hour telephone access to the driver's license database information, solely for the purpose of determining whether a driver has indicated a willingness to be an organ donor pursuant to section 286-109.5. As used in this section, "organ procurement organization" shall have the same meaning as procurement organization in section 327-2. [L 1999, c 88, pt of §2; am L 2008, c 122, §2]

HRS §286-109.7 Organ and tissue education fee

286-109.7. Organ and tissue education fee Notwithstanding any other law to the contrary, beginning July 1, 2000, a donation of $1, in addition to any other fees under this chapter, may be collected upon designation by an individual or entity from each certificate of registration by the director of finance of each county to be deposited on a quarterly basis into the organ and tissue education special fund pursuant to section 327-24. The counties may retain a portion of the $1 donation as an administrative fee to cover the cost of collecting, accounting for, and depositing the balance into the organ and tissue education special fund. The retention shall not exceed $0.20 for each $1 collected. [L 1999, c 88, pt of §2; am L 2003, c 88, §2; am L 2008, c 122, §3]

HRS §286-110 Instruction permits

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 or a limited purpose 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: (1) 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; and (2) If the applicant is a legal immigrant, the permit shall expire no later than the applicant's authorized period of stay in the United States. 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) No holder of a temporary instruction permit shall operate a motorcycle or a motor scooter during hours of darkness or carry any passengers. (f) 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) 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) 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 (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(a)(1) and has been medically evaluated by the medical advisory board established pursuant to section 286-4.1. [L 1967, c 214, pt of §2; HRS §286-110; am L 1970, c 164, §3; am L 1977, c 50, §2; gen ch 1985; am L 1996, c 100, §1; am L 1997, c 104, §2; am L 1999, c 175, §3; am L 2001, c 82, §1 and c 86, §6; am L 2002, c 25, §1; am L 2005, c 72, §§6, 15; am L 2006, c 61, §2; am L 2010, c 38, §3 and c 85, §2; am L 2015, c 172, §4; am L 2022, c 229, §7]

HRS §286-111 Application for license, provisional license,

286-111. Application for license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit; fees. (a) Every application for an instruction permit, provisional license, driver's license, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall be made upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths. The examiner of drivers and officers serving under the examiner may administer the oaths without charge. Each application for an instruction permit for a category (1), (2), (3), or (4) license shall be accompanied by a fee to be determined by the council of each county, and each application for a provisional license or driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be charged. An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or driver's license. All of the foregoing fees shall become county realizations. (b) The director shall establish by rule a standard fee for all driver's license applicants who require verification through the federal system that their presence in the United States is authorized by federal law. The fees collected shall become state realizations and be deposited into the state highway fund. The State shall reimburse the counties all costs of verification through the federal system. The amount of reimbursement shall be determined by the director of transportation. (c) The director of transportation shall establish a fee schedule for all commercial driver's licensing examinations. The fees collected for a commercial driver's license shall become state realizations and shall be deposited in the state highway fund. The State shall reimburse the counties all costs for administering the commercial driver's licensing program. The amount of reimbursement shall be determined by the director of transportation. (d) Every application shall state the full name, date of birth, gender designation, occupation, veteran status if applicable (including veterans of the Korean conflict and persons who served in the armed forces of the Republic of Korea, who fought under the command of the United Nations led by the United States, during the Korean conflict and are currently United States citizens) and desired by the applicant, social security number if the applicant is eligible for a social security number, the residence address, and business address, if any, of the applicant, shall briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver, and, if so, when and in what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and if so, the date of and reason for the suspension, revocation, or refusal. The examiner of drivers shall not require documentation for an applicant's selection of gender designation or an applicant's request for an amendment to a gender designation other than the applicant's self-certification of their chosen gender designation; provided that the examiner of drivers shall not be prohibited from requiring documentation that may incidentally show an applicant's birth sex category if the documentation is necessary to establish that the applicant is legally entitled to a license. For purposes of this subsection, "gender designation" shall have the same meaning as in section 286-109(a). (e) Except as provided in section 286-104.5, if the applicant is not eligible to receive a social security number, the applicant shall submit, in lieu of providing proof of social security number pursuant to subsection (d): (1) A United States Social Security Administration letter stating that the applicant is ineligible to obtain a social security number; and (2) Either: (A) A government-issued photo identification document; or (B) Other identification documents as deemed acceptable by the director. (f) An application for a driver's license shall include the voter registration application required under section 11-15.7. [L 1937, c 234, §7; am L Sp 1941, c 6, §1; RL 1945, §7308; RL 1955, §160-38; HRS §286-111; am L 1968, c 48, §5; am L 1970, c 164, §3; gen ch 1985; am L 1990, c 342, §20; am L 1999, c 269, §2; am L 2003, c 145, §1; am L 2005, c 72, §§7, 15; am L 2010, c 38, §4 and c 85, §2; am L 2014, c 6, §2; am L 2015, c 172, §5; am L 2016, c 24, §3; am L 2019, c 148, §3; am L 2021, c 126, §5]

HRS §286-111.5 Voter registration

286-111.5. Voter registration (a) A qualified applicant for a new or renewed motor vehicle driver's license shall automatically be registered to vote with the clerk of the appropriate county upon completion of the driver's license application and application for voter registration as required in section 11-15.7 if the qualified applicant makes a choice to register to vote on the application form. If already registered to vote, the qualified applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes. (b) The submission of the application for voter registration together with the license or permit application shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the qualified applicant as a voter if the applicant made such a choice or to make changes to the qualified applicant's voter registration information unless the applicant declined such changes. The examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the qualified applicant resides, election officials, and the online voter registration system pursuant to section 11-15.7(c). The examiner of drivers shall not transmit any information necessary to register a qualified applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the qualified applicant's voter registration information if the applicant declined such changes. The examiner of drivers shall not transmit any information related to a voter application or changes to the applicant's voter registration information if the applicant presents a document demonstrating a lack of United States citizenship. (c) For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter by law. [L 2021, c 126, §2]

HRS §286-112 Application of minors; liability of parents or guardian

286-112. Application of minors; liability of parents or guardian (a) The application of any person under the age of eighteen years for an instruction permit, provisional license, or driver's license shall be signed and verified before a person authorized to administer oaths by the appropriate one of the following: (1) If both the father and mother of the applicant have custody of the applicant, by both the father and mother of the applicant; (2) If only one parent has custody of the applicant, by the custodial parent; (3) If neither parent has custody of the applicant, and the applicant has a custodial guardian or has custodial guardians, by the custodial guardian or by all the custodial guardians; provided that the director of human services, or the director's designee, shall sign and verify the application of any applicant who is under foster care; provided further that the department of human services shall not have any liability in the event that the foster child is involved in a motor vehicle accident or a lawsuit arising as a result of the foster child's driving; or (4) If neither parent has custody of the applicant, and the applicant has no custodial guardian, by an employer of the applicant or by any responsible person who is willing to assume the obligation imposed under this part upon a person signing the application of a minor. (b) Any negligence or misconduct of a minor under the age of eighteen years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of the minor for a permit, provisional license, or license, which person shall be jointly and severally liable with the minor for any damages caused by the minor's negligence or misconduct. (c) A nonresident minor shall be accorded all the privileges and be subjected to all the regulatory restrictions as are by this part provided for resident minors. [L 1937, c 234, §8; am L 1939, c 106, §1; RL 1945, §7309; RL 1955, §160-39; HRS §286-112; am L 1970, c 164, §3; am L 1972, c 2, pt of §6; am L 1983, c 45, §1; am L 2005, c 72, §§8, 15; am L 2006, c 289, §2; am L 2010, c 85, §2]

HRS §286-113 Release from liability

286-113. Release from liability Any person who has signed the application of a minor for an instruction permit, provisional license, or driver's license may file with the examiner of drivers a verified written request that the permit, provisional license, or license of the minor be canceled, together with the permit, provisional license, or license issued. Upon receipt of the request, the examiner of drivers shall cancel the permit, provisional license, or license of the minor and the person who signed the application of the minor shall be relieved from the liability imposed under this part for any subsequent negligence or wilful misconduct of the minor in operating a motor vehicle. Nothing herein shall be construed to limit the liability of parents for the torts of their child as provided in chapter 577. [L 1967, c 214, pt of §2; HRS §286-113; am L 1970, c 164, §3; am L 2005, c 72, §§9, 15; am L 2010, c 85, §2]

HRS §286-116 License, insurance identification card, possession, exhibition

286-116. License, insurance identification card, possession, exhibition (a) Every licensee shall have a valid driver's license in the licensee's immediate possession at all times, and a valid motor vehicle or liability insurance identification card applicable to the motor vehicle operated as required under section 431:10C-107 and section 431:10G-106, when operating a motor vehicle, and shall display the same upon demand of a police officer. Every police officer or law enforcement officer when stopping a vehicle or inspecting a vehicle for any reason shall demand that the driver or owner display the driver's or owner's driver's license and insurance identification card. Upon demand, the driver or owner may display the driver's or owner's electronic motor vehicle insurance identification card on a mobile electronic device, as defined in section 291C-137. For the purposes of this section, when a person uses a mobile electronic device to display an electronic motor vehicle insurance identification card to a police officer or law enforcement officer, the officer may only view the electronic motor vehicle insurance identification card and shall be otherwise prohibited from viewing any other content on the mobile electronic device. Whenever a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device. No person charged with violating this section shall be convicted if the person produces in court, or proves from the proper official or other records that the person was the holder of a driver's license or a motor vehicle or liability insurance identification card and policy conforming to article 10C and article 10G of chapter 431 or a certificate of self-insurance issued by the insurance commissioner pursuant to section 431:10C-107 and section 431:10G-103, theretofore issued to the person and valid at the time of the person's arrest. (b) At any time a law enforcement officer finds a motor vehicle in operation by a driver not in possession of the motor vehicle or liability insurance identification card required under section 431:10C-107 and section 431:10G-106, the officer shall issue a citation with the earliest possible date for court appearance in every instance. (c) In all instances in which a citation shall be issued under subsection (b), whenever the driver cited is not found to be the registered owner of the motor vehicle under operation, the citation shall also be issued to the driver as the owner's agent and to the registered owner of the motor vehicle. Whenever the registered owner of any motor vehicle permits any person to operate the registered owner's motor vehicle, the registered owner appoints, designates, and constitutes the driver the registered owner's agent for all purposes under this section and section 431:10C-107, section 431:10G-106, and section 805-13. (d) The operation of any motor vehicle required to be licensed on a highway by a driver, whether or not licensed, who knows, or has reason to believe, that the motor vehicle is not insured in compliance with article 10C and article 10G of chapter 431, shall constitute a violation of this chapter. (e) Any registered owner of any motor vehicle required to be licensed, who directly or indirectly permits the operation of such motor vehicle on any highway at any time the motor vehicle is not insured in compliance with article 10C and article 10G of chapter 431, shall be guilty of a violation of this chapter. The registered owner shall, in all cases, be presumed to know whether a motor vehicle is insured in compliance with article 10C and article 10G of chapter 431. [L 1937, c 234, §14; RL 1945, §7315; RL 1955, §160-45; HRS §286-116; am L 1970, c 164, §3; am L 1978, c 91, §4; gen ch 1985; am L 1991, c 60, §2; am L 1993, c 6, §9; am L 1997, c 251, §8; am L 2016, c 82, §2]

HRS §286-116.5 Notice of change of address or name; penalty

286-116.5. Notice of change of address or name; penalty (a) If the residence address of an applicant for, or a holder of, a driver's license is changed from that stated in the application or in the license issued to the applicant or holder, the person shall, within thirty days after such change in address, notify the examiner of drivers in writing of the person's old and new residence addresses and the number of any license then held by the person. (b) If the name of an applicant for, or a holder of, a driver's license is changed from that shown on the applicant's or holder's application or license, the person shall, within thirty days after the change of name, notify the examiner of drivers in writing of the person's former name and the new name and of the number of any permit or license then held by the person. The examiner of drivers may require the person to file satisfactory proof of the change of name. (c) Any person who violates this section shall be fined not more than $25. [L 1975, c 43, §2; gen ch 1985]

HRS §286-117 §286‑117 Duplicate permits, provisional licenses, and licenses. [(a)] The holder of an instruction permit, provisional license, or driver's license may upon payment of the reasonable cost of its issuance obtain a duplicate; provided that the holder shall surrender the original permit, provisional license, or license or furnish satisfactory proof of loss or destruction of the same.

286-117. §286‑117 Duplicate permits, provisional licenses, and licenses. [(a)] The holder of an instruction permit, provisional license, or driver's license may upon payment of the reasonable cost of its issuance obtain a duplicate; provided that the holder shall surrender the original permit, provisional license, or license or furnish satisfactory proof of loss or destruction of the same. [(b)] The chief of police or a police officer shall notify a holder that the holder's permit, provisional license, or license is illegible and that the holder shall within ten days surrender the holder's permit, provisional license, or license and apply for a duplicate. Upon failure to comply with a notice to surrender an illegible permit, provisional license, or license and apply for a duplicate, the person to whom the permit or license is issued shall be subject to the penalties in section 286‑136. [L 1967, c 214, pt of §2; HRS §286-117; am L 1970, c 164, §3; gen ch 1985; am L 1991, c 60, §3; am L 2005, c 72, §§11, 15; am L 2010, c 85, §2]

HRS §286-118 Records to be kept by the examiner of drivers

286-118. Records to be kept by the examiner of drivers The examiner of drivers shall file every application for a license received by the examiner and shall maintain suitable indexes containing, in alphabetical order: (1) All applications denied with a note on each as to the reason for the denial; (2) All applications granted; (3) The name of every licensee whose license has been suspended or revoked by a court of competent jurisdiction with a note after each such name as to the reasons for such action. The examiner of drivers shall also file all accident reports and abstracts of court records of convictions received by the examiner under the traffic laws and regulations of the State or any political subdivision thereof, and in connection therewith the examiner shall maintain convenient records or make suitable notations in order that an individual record of each licensee, the traffic accidents in which the licensee has been involved, and other pertinent data may be readily ascertainable and available for the consideration of the examiner of drivers upon any application for a renewal of license and at other suitable times. The examiner of drivers may dispose of any records accumulated under this section whenever the examiner deems it advisable. [L 1937, c 234, §18; RL 1945, §7319; RL 1955, §160-50; am L 1967, c 214, §11; HRS §286-118; am L 1970, c 164, §3; gen ch 1985]

HRS §286-118.5 License revoked for operating a vehicle under the influence of an intoxicant; eligibility for license renewal

286-118.5. License revoked for operating a vehicle under the influence of an intoxicant; eligibility for license renewal (a) Notwithstanding any other law to the contrary, any person arrested for a violation of section 291E-61 or 291E-61.5 after December 31, 2010, whose license is revoked pursuant to this part or section 291E-61, and who otherwise qualifies for a permit under section 291E-44.5 or 291E-61, may apply for a renewal or reactivation of a driver's license as provided in section 286-107 or 286-107.5. (b) A person may apply for relicensing under subsection (a); provided that: (1) The license renewal or reactivation shall be for the sole purpose of obtaining or extending a permit issued pursuant to section 291E-44.5 or 291E-61; (2) No physical driver's license shall be issued to the person; and (3) The driver's license shall expire as provided in section 286-106 or upon the end of the revocation period, whichever occurs first. (c) A holder of a valid ignition interlock permit may take any tests necessary to apply for relicensing no sooner than thirty days prior to expiration of the revocation period; provided that the driver's license shall not be issued until the completion of the revocation period. [L 2012, c 327, §2; am L 2015, c 40, §1]

HRS §286-119 Authority of examiner of drivers to suspend or revoke licenses

286-119. Authority of examiner of drivers to suspend or revoke licenses The examiner of drivers may suspend any driver's license without hearing when the examiner has reasonable cause to believe that the licensee is incompetent to operate the type of motor vehicle for which the licensee holds a license or is afflicted with mental or physical infirmities or disabilities which would make it unsafe for the licensee to operate a motor vehicle of the type for which the licensee is licensed. When the examiner of drivers suspends a license under this section, the examiner shall immediately notify the licensee and afford the licensee a hearing. After the hearing, the examiner of drivers may rescind the suspension, or the examiner may suspend the license for a further period or revoke the license. Any person whose license has been suspended or revoked under this section may appeal under section 286-129. [L 1967, c 214, pt of §2; HRS §286-119; am L 1970, c 164, §3; gen ch 1985]

HRS §286-120 Authority of examiner of drivers to cancel licenses

286-120. Authority of examiner of drivers to cancel licenses The examiner of drivers may cancel any driver's license if the examiner determines that the licensee was not entitled to it, failed to give the required or correct information in the licensee's application, or committed fraud in making the licensee's application or in obtaining the license. Upon cancellation, the licensee shall surrender the licensee's license to the examiner of drivers. [L 1967, c 214, pt of §2; HRS §286-120; am L 1970, c 164, §3; gen ch 1985]

HRS §286-121 Suspending or revoking privileges of nonresident and reporting convictions, suspensions, and revocations

286-121. Suspending or revoking privileges of nonresident and reporting convictions, suspensions, and revocations (a) The privilege of driving a motor vehicle on the highways of this State given to a nonresident hereunder shall be subject to suspension or revocation in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked. (b) The examiner of drivers is further authorized, upon receiving a record of the conviction in this State of a nonresident for any motor vehicle offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident. (c) When a nonresident's operating privilege is suspended or revoked, the examiner of drivers shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides. [L 1937, c 234, §20; RL 1945, §7321; RL 1955, §160-53; am L 1967, c 214, §12; HRS §286-121; am L 1970, c 164, §3; am L 1971, c 127, pt of §3]

HRS §286-122 Suspension of a license; surrender

286-122. Suspension of a license; surrender (a) Every person whose license or driving privilege has been suspended pursuant to this part or any traffic law or regulation of the State or any county, shall surrender the person's license to the examiner of drivers or the court, as is appropriate, which agency shall take custody of the license during the period of suspension. (b) The examiner of drivers may suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of that person in another state, or within this State or another state by the federal government, of an offense therein which, if committed within the jurisdiction of this State, would be grounds for the suspension or revocation of the driver's license or privilege. The examiner of drivers may give the same effect to conduct of a resident in another state as is provided by the laws of this State had such conduct occurred in this State. Any person whose license or driving privilege has been so suspended or revoked shall immediately return the person's license or permit to the examiner of drivers. (c) Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this State has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this State under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter. [L 1967, c 214, pt of §2; HRS §286-122; am L 1970, c 164, §3; am L 1971, c 127, pt of §3; am L 1983, c 47, §1; gen ch 1985]

HRS §286-123 Record of conviction forwarded to examiner of drivers

286-123. Record of conviction forwarded to examiner of drivers The record of any conviction resulting in the revocation or suspension of any person's license for a violation of this part or any traffic law or regulation of the State or county shall be forwarded by the court to the examiner of drivers of the county in which the court is located. [L 1967, c 214, pt of §2; HRS §286-123; am L 1970, c 164, §3]

HRS §286-124 Mandatory revocation of license by a court

286-124. Mandatory revocation of license by a court Any court of competent jurisdiction shall forthwith revoke the license of any driver upon a conviction of the driver of manslaughter or for negligent homicide in the first or second degrees resulting from the operation of a motor vehicle. The period of revocation shall be determined by the court at sentencing. [L 1937, c 234, §22; RL 1945, §7323; RL 1955, §160-55; am L 1965, c 122, §1; HRS §286-124; am L 1970, c 164, §3; am L 1971, c 171, §1; am L 2012, c 292, §1]

HRS §286-125 Discretionary revocation or suspension of license by a court

286-125. Discretionary revocation or suspension of license by a court In addition to the provisions for mandatory revocation of a license set forth in section 286-124, any court of competent jurisdiction may, in its discretion, revoke or suspend the license of any driver convicted of any felony in the commission of which a motor vehicle is used, or convicted of a violation of this part or of any traffic law or regulation of the State or any political subdivision thereof involving a vehicle in motion. [L 1937, c 234, §23; RL 1945, §7324; RL 1955, §160-56; HRS §286-125; am L 1970, c 164, §3; am L 1971, c 171, §2]

HRS §286-126 Period of suspension or revocation

286-126. Period of suspension or revocation Unless otherwise provided by law, a court of competent jurisdiction shall not suspend a license for a longer period than five years; and when a court has revoked a license, the person whose license was revoked may not apply for, and the examiner of drivers may not grant, a new driver's license until the expiration of the period of revocation determined by the court. [L 1937, c 234, §24; RL 1945, §7325; RL 1955, §160-57; HRS §286-126; am L 1970, c 164, §3; am L 1982, c 251, §2; am L 1990, c 188, §4; am L Sp 1991, c 1, §18; am L 2012, c 292, §2]

HRS §286-128 Evaluation of nonresident driving privileges; reports of outside convictions; reports of convictions by courts-martial or United States commissioners

286-128. Evaluation of nonresident driving privileges; reports of outside convictions; reports of convictions by courts-martial or United States commissioners (a) Nonresident privilege of driving a motor vehicle. The privilege of driving a motor vehicle on the highways of this State and the several counties, given to a nonresident under the laws of this State, shall be subject to suspension by the district judge in like manner, and for like cause, the same as a driver's license issued by this State may be suspended. (b) Reports of outside convictions; recording against drivers. The district judges of each county shall enter into reciprocal agreements with the proper agency of any other county and the governor of the State may enter into such agreements with any state or territory for the purpose of reporting convictions or bail forfeitures in such county, state, or territory by a person holding a driver's license in such county, state, or territory. Such convictions or bail forfeitures in such county, state, or territory of a violation therein which if committed in this State would be a violation of the traffic laws of this State or the ordinances of the several counties, shall be recorded against a driver the same as if the conviction or bail forfeiture had been made in the State. (c) Reports of convictions by courts-martial or United States commissioners; recording against drivers. Convictions by courts-martial of any of the various branches of the armed forces of the United States or by a United States commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the traffic laws of this State or the ordinances of the several counties, may be recorded against a driver the same as if the conviction had been in the courts of this State. (d) Upon determination and order by a district judge that a person has violated traffic laws of the State or ordinances of its counties with such frequency as to indicate a disrespect for such laws or ordinances and a disregard for the safety of other persons on the highways within a twelve-month period, the licensee shall report in person for a review of the licensee's driving record with the judge as directed by the judge if the licensee is present in court. If the licensee is not present in court when the district judge makes a determination and order that the licensee has violated traffic laws of the State or ordinances of its counties with such frequency as to indicate a disrespect for such laws or ordinances and a disregard for the safety of other persons on the highways within a twelve-month period and is directed to report in person for a review of the licensee's driving record, then the clerk of the district court shall notify the licensee in writing by certified mail, return receipt requested, to addressee only, that the licensee is directed to report in person, within fifteen days after receipt of the notice to report, for a review of the licensee's driving record with the judge. At the review, the judge may order a licensee who has violated traffic laws of the State or ordinances of its counties with such frequency as to indicate a disrespect for such laws or ordinances and a disregard for the safety of other persons on the highways within a twelve-month period to attend a course of instruction in driving retraining by a designated driver instructor or driver training school. Any person who fails to report in person for a review of the person's driving record with the judge as required by this subsection or who fails to attend a course of instruction in driver retraining pursuant to the order of the judge as required by this subsection shall be fined not more than $100 or shall have the person's license suspended not more than one year, or both. [L 1961, c 113, pt of §1; Supp, §160-70; am L 1967, c 214, §13; HRS §286-128; am L 1968, c 48, §3; am L 1970, c 164, §3 and c 188, §39; am L 1973, c 135, §2; am L 1975, c 139, §1; am L Sp 1977 1st, c 20, §12; am L 1978, c 222, §§3, 4; gen ch 1985; am L 1993, c 214, §6; am L 1994, c 94, §§1, 2; am L 1997, c 60, §4]

HRS §286-129 Appeal to circuit court

286-129. Appeal to circuit court Any applicant who has been refused a license after at least three examinations, or who has been refused any examination, and every licensee whose license has been suspended, revoked, or canceled by the examiner of drivers, may appeal from such refusal, suspension, revocation, or cancellation to the circuit court of the circuit in which the applicant or licensee resides by filing a notice of appeal in such court within thirty days after being notified of the refusal, suspension, revocation, or cancellation. The appeal shall not operate as a stay to the order or decision appealed from. The appeal shall be subject to such procedure and rules as may be prescribed by the court and the decision of the court shall be final except as otherwise provided in chapter 91. [L 1937, c 234, §26; RL 1945, §7327; RL 1955, §160-59; am L 1965, c 96, §100; HRS §286-129; am L 1970, c 164, §3]

HRS §286-130 No operation under foreign license during revocation or suspension in this State

286-130. No operation under foreign license during revocation or suspension in this State Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this State has been suspended or revoked shall not operate a motor vehicle in this State under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license issued by the examiner of drivers is obtained when and as permitted by law. [L 1937, c 234, §27; RL 1945, §7328; RL 1955, §160-60; HRS §286-130; am L 1970, c 164, §3; am L 1982, c 251, §3]

HRS §286-131 Unlawful use of license

286-131. Unlawful use of license No person shall: (1) Display or permit to be displayed or have in the person's possession any canceled, revoked, suspended, fictitious, or fraudulently altered driver's license; (2) Lend the person's driver's license to any other person or knowingly permit the use thereof by another; (3) Display or represent as one's own any driver's license not issued to the person; (4) Fail or refuse to surrender to the examiner of drivers, upon the examiner's lawful demand, any driver's license that has been suspended, revoked, or canceled; (5) Use a false or fictitious name in any application for a driver's license or knowingly make a false statement or knowingly conceal a material fact, or otherwise commit a fraud in any such application; or (6) Use or have in the person's possession any reproduction, imitation, or facsimile of any driver's license or any identification with the appearance of a driver's license. [L 1937, c 234, §28; RL 1945, §7329; RL 1955, §160-61; HRS §286-131; am L 1970, c 164, §3; gen ch 1985; am L 1994, c 46, §1; am L 1996, c 169, §1; am L 2001, c 230, §2; am L 2002, c 224, §3; am L 2004, c 2, §1]

HRS §286-132 Driving while license suspended or revoked

286-132. Driving while license suspended or revoked Except as provided in section 291E-62, no resident or nonresident whose driver's license, right, or privilege to operate a motor vehicle in this State has been canceled, suspended, or revoked may drive any motor vehicle upon the highways of this State while the license, right, or privilege remains canceled, suspended, or revoked. [L 1937, c 234, §29; RL 1945, §7330; RL 1955, §160-62; HRS §286-132; am L 1970, c 164, §3; am L 1982, c 251, §4; am L 1985, c 258, §3; am L 1996, c 169, §2; am L 2001, c 157, §7]

HRS §286-133 Unlawful to permit unauthorized person to drive

286-133. Unlawful to permit unauthorized person to drive Except as provided in section 291E-67, no person shall authorize or knowingly permit a motor vehicle or moped owned by that person or under that person's control to be driven upon any highway by any person who is not authorized under law to drive the motor vehicle or moped. [L 1937, c 234, §30; RL 1945, §7331; RL 1955, §160-63; HRS §286-133; am L 1983, c 197, §1; am L 2010, c 166, §3]

HRS §286-134 Employing unlicensed driver

286-134. Employing unlicensed driver No person shall employ as a driver of a certain category of motor vehicle any person who is not licensed under this part to operate that category of motor vehicle. L 1967, c 214, pt of §2; HRS §286-134; am L 1970, c 164, §3

HRS §286-135 Renting motor vehicle to another

286-135. Renting motor vehicle to another Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person, and the date and place when and where the license was issued. The record shall be open to inspection by any police officer or the examiner of drivers or the examiner's representative. [L 1937, c 234, §32; RL 1945, §7333; RL 1955, §160-65; HRS §286-135; am L 1970, c 164, §3; gen ch 1985]

HRS §286-136 Penalty

286-136. Penalty (a) Any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be penalized as follows: (1) For a first offense, or any offense not preceded within a five-year period for the same offense, the person shall pay a fine of no more than $1,000 or serve a term of imprisonment of no more than thirty days, or both; (2) For an offense that occurs within five years of a prior conviction for the same offense, the person shall pay a minimum fine of $500 and a maximum fine of $1,000, or serve a term of imprisonment of no more than one year, or both; or (3) For an offense that occurs within five years of two or more prior convictions for the same offense, the person shall be guilty of a class C felony; provided that the court, as part of the person's sentencing, may order that the vehicle used by the person in the commission of the offense be subject to forfeiture under chapter 712A. (b) Any person who violates any other section in this part shall be fined no more than $1,000. (c) Notwithstanding subsections (a) and (b), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500. (d) Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service. [L 1967, c 214, pt of §2; HRS §286-136; am L 1993, c 214, §7; am L 1996, c 169, §3; am L 2003, c 69, §5; am L 2021, c 81, §1; am L 2024, c 212, §2]

HRS §286-137 District courts to keep records

286-137. District courts to keep records The district court of each circuit shall keep, maintain, and control or shall otherwise provide for the keeping, maintaining, and controlling of proper and accurate records of each conviction or bail forfeiture or any other disposition of each violation of licensee coming within this part. The district court of each circuit shall also establish procedures for the accounting, control, and disposition of each traffic citation, notice, or summons used or issued, whether the use or issuance of the same is authorized by the court or by any other governmental agency under applicable laws or ordinances, which may include the keeping of an accurate citation, notice, or summons control ledger or form in a numerical, chronological, or other accountable manner. [L 1961, c 113, pt of §1; Supp, §160-71; HRS §286-137; am L 1970, c 188, §39; am L 1997, c 153, §2]

HRS §286-138 Prohibiting "fixing" of tickets and providing penalties therefor; nolle prosequi by prosecuting attorney only by motion and approval of court

286-138. Prohibiting "fixing" of tickets and providing penalties therefor; nolle prosequi by prosecuting attorney only by motion and approval of court (a) It shall be unlawful for any person, including any government official or employee of the State or county, to "fix", "void", change, modify, adjust, tamper with, or otherwise dispose of any traffic citation, notice, or summons. Nothing in this subsection shall be construed to affect the powers of the judges of the several courts in the exercise of their judicial functions. Any person who intentionally or knowingly violates this subsection shall be guilty of a class C felony; except that the person shall be fined not less than $1,000 and not more than $10,000. Any government official or employee of this State or any county who violates this subsection shall be summarily discharged from the official's or employee's office or employment. (b) No nolle prosequi shall be entered in any case involving a violation of the traffic laws or ordinances of the State or of the several counties and no case or any charge arising therefrom shall be stricken, amended, or reduced, except by consent of the court upon motion of the prosecuting attorney stating the reasons therefor. The court may deny the motion if it deems the reasons insufficient. [L 1961, c 113, pt of §1; Supp, §160-72; HRS §286-138; am L 1970, c 188, §39; gen ch 1985; am L 1993, c 214, §8; am L 1997, c 153, §3]

HRS §286-139 Preferred insurance rate

286-139. Preferred insurance rate Insurers may provide preferential insurance rates to those persons who have favorable records to their credit. L 1961, c 113, §2; Supp, §160-73; HRS §286-139

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0286/HRS_0286-.htmFetched: 11/10/2026