§286-102  Licensing.  (a)  [Repealand reenactment on January 9, 2011.  L 2005, c 72, §15.]  No person, exceptone exempted under section 286‑105, one who holds an instruction permitunder section 286‑110, one who holds a provisional license under section286‑102.6, one who holds a commercial driver's license issued undersection 286‑239, or one who holds a commercial driver's licenseinstruction permit issued under section 286‑236, shall operate anycategory of motor vehicles listed in this section without first beingappropriately examined and duly licensed as a qualified driver of that categoryof motor vehicles.

(b)  A person operating the following categoryor combination of categories of motor vehicles shall be examined as provided insection 286-108 and duly licensed by the examiner of drivers:

(1)  Mopeds;

(2)  Motorcycles and motor scooters;

(3)  Passenger cars of any gross vehicle weightrating, buses designed to transport fifteen or fewer occupants, and trucks andvans having a gross vehicle weight rating of fifteen thousand pounds or less;and

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

A school bus or van operator shall be properlylicensed to operate the category of vehicles that the operator operates as aschool bus or van and shall comply with the standards of the department oftransportation as provided by rules adopted pursuant to section 286-181.

(c)  No person shall receive a driver's licensewithout surrendering to the examiner of drivers all valid driver's licenses inthe person's possession.  All licenses so surrendered shall be returned to theissuing authority, together with information that the person is licensed inthis State; provided that with the exception of driver's licenses issued by anyCanadian province, a foreign driver's license may be returned to the ownerafter being invalidated pursuant to issuance of a Hawaii license; and providedfurther that the examiner of drivers shall notify the authority that issued theforeign license that the license has been invalidated and returned because theowner is now licensed in this State.  No person shall be permitted to hold morethan one valid driver's license at any time.

(d)  Before issuing a driver's license, theexaminer of drivers shall complete a check of the applicant's driving record todetermine whether the applicant is subject to any disqualification undersection 286-240, or any license suspension, revocation, or cancellation understate law, and whether the applicant has a driver's license from more than onestate or jurisdiction.  The record check shall include but is not limited tothe following:

(1)  A check of the applicant's driving record asmaintained by the applicant's state of licensure;

(2)  A check with the commercial driver licenseinformation system;

(3)  A check with the National Driver Register; and

(4)  If the driver is renewing a commercial driver'slicense for the first time after September 30, 2002, a request for theapplicant's complete driving record from all states where the applicant waspreviously licensed to drive any motor vehicle over the last ten years;provided that a notation is made on the driving record confirming the check hasbeen made and the date it was done.

(e)  In addition to other qualifications andconditions by or pursuant to this part, the right of an individual to hold amotor vehicle operator's license or permit issued by the county is subject tothe requirements of section 576D-13.

Upon receipt of certification from the childsupport enforcement agency pursuant to section 576D-13 that an obligor orindividual who owns or operates a motor vehicle is not in compliance with anorder of support as defined in section 576D-1 or has failed to comply with asubpoena or warrant relating to a paternity or child support proceeding, theexaminer of drivers shall suspend the license and right to operate motorvehicles and confiscate the license of the obligor.  The examiner of driversshall not reinstate an obligor's or individual's license until the childsupport enforcement agency, the office of child support hearings, or the familycourt issues an authorization that states the obligor or individual is incompliance with an order of support or has complied with a subpoena or warrantrelating to a paternity or child support hearing.

The licensing authority may adopt rulespursuant to chapter 91 to implement and enforce the requirements of thissection. [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) andc 214, §1; am L 1974, c 80, §1; am L 1976, c 5, §1 and c 53, §1; am L 1979, c85, §1; am L 1984, c 169, §1; gen ch 1985; am L 1989, c 320, §4; am L 1990, c342, §18; am L 1991, c 67, §1; am L 1992, c 76, §1; am L 1997, c 54, §1 and c293, §12; am L 1999, c 261, §2; am L 2002, c 37, §1; am L 2004, c 103, §2; am L2005, c 72, §2]

 

Attorney General Opinions

 

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

  Person already qualified for each type of vehicle inapplicable category need not take additional exam for categories 8 to 10. Renewal of category 7 license does not automatically qualify one for category10 license.  Att. Gen. Op. 75-24.

 

Case Notes

 

  Magistrate did not improperly use prior uncounseledmisdemeanor convictions in sentencing defendants for conviction of operatingcar without driver's license in violation of Assimilative Crimes Act.  957 F.2d714.

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

  Driving without license under this section not lesserincluded 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 thissection only to persons operating motor vehicles on public highways; sectionalso applied to defendant who was operating a vehicle in the parking lot of aprivate hotel.  94 H. 354 (App.), 14 P.3d 364.