§286‑104  What persons shall not be
licensed.  [Repeal and reenactment on January 9, 2011.  L 2005, c 72,
§15.]  The examiner of drivers shall not issue any license hereunder:



(1)  To any person 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person whose license has been revoked until the expiration of one year after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)  To any person who is required by this part to
take an examination, unless the person has successfully passed the examination;



(3)  To any person 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)  To any person 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)  To any person who is under eighteen years of age;
provided that:



(A)  A person who is fifteen years and six
months of age may be granted an instruction permit;



(B)  A person 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)  A person 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)  A person 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; or



(6)  To any person who is not in compliance with
section 286‑102.5.



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]



 



Cross References



 



  Development of medical evaluation system and criteria, see
§286-4.1(b).



  Statewide driver education program and behind-the-wheel
driver training program; rules, see §286-108.4.