(a) No person, except one:

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Terms Used In Hawaii Revised Statutes 286-102

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Subpoena: A command to a witness to appear and give testimony.
(1) Exempted under § 286-105;
(2) Who holds an instruction permit under § 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 § 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 § 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 § 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 or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to § 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 § 576D-13.

Upon receipt of certification from the child support enforcement agency pursuant to § 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 § 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.

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