§286-102  Licensing.  (a)  [Repeal
and reenactment on January 9, 2011.  L 2005, c 72, §15.]  No person, except
one exempted under section 286‑105, one who holds an instruction permit
under section 286‑110, one who holds a provisional license under section
286‑102.6, one who holds a commercial driver's license issued under
section 286‑239, or one 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 and motor scooters;



(3)  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;
and



(4)  All of the motor vehicles in category (3) and
trucks having a gross vehicle weight rating of fifteen thousand one through
twenty-six thousand pounds.



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 section 286-181.



(c)  No person shall receive a driver's license
without surrendering to the examiner of drivers all valid driver's licenses in
the person's possession.  All licenses so surrendered shall be returned to the
issuing authority, together with information that the person is licensed in
this State; 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; and 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.  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 under
state law, 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 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)  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]



 



Attorney General Opinions



 



  Nonresident serviceman with home-state license must comply
with section and is not exempted therefrom by the Soldier's and Sailor's Civil
Relief Act.  Att. Gen. Op. 68-24.



  Person already qualified for each type of vehicle in
applicable category need not take additional exam for categories 8 to 10. 
Renewal of category 7 license does not automatically qualify one for category
10 license.  Att. Gen. Op. 75-24.



 



Case Notes



 



  Magistrate did not improperly use prior uncounseled
misdemeanor convictions in sentencing defendants for conviction of operating
car without driver's license in violation of Assimilative Crimes Act.  957 F.2d
714.



  Statute applied to defendant, where defendant argued that
traffic statutes involved only applied to businesses and state vehicles;
statute did not violate defendant's freedom of movement.  77 H. 222 (App.), 883
P.2d 644.



  Driving without license under this section not lesser
included offense of driving while license suspended under §286-132.  81 H. 76
(App.), 912 P.2d 573.



  Trial court erred when it limited the applicability of this
section only to persons operating motor vehicles on public highways; section
also applied to defendant who was operating a vehicle in the parking lot of a
private hotel.  94 H. 354 (App.), 14 P.3d 364.