§286‑104  What persons shall not belicensed.  [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has been suspended bya court of competent jurisdiction during the suspension period, nor to anyperson whose license has been revoked until the expiration of one year afterthe date of the revocation, or until the expiration of the period of revocationspecified by law, whichever is greater,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; norto any person who, while unlicensed, has within two years been convicted ofoperating a vehicle under the influence of an intoxicant or, prior toJanuary 1, 2002, of driving under the influence of alcohol or drugs;

(2)  To any person who is required by this part totake an examination, unless the person has successfully passed the examination;

(3)  To any person who is required under the motorvehicle financial responsibility laws of this State to deposit proof offinancial responsibility and who has not deposited the proof;

(4)  To any person who the examiner of drivers hasgood cause to believe would not be able to operate a motor vehicle with safetyupon 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 sixmonths of age may be granted an instruction permit;

(B)  A person who is at least sixteen and lessthan eighteen years of age may be granted a provisional license upon satisfyingthe requirements of section 286‑102.6;

(C)  A person who is at least seventeen andless than eighteen years of age may be granted a license upon satisfying therequirements of section 286‑102.6, which license may be suspended orrevoked by a judge having jurisdiction over the holder of the license.  Uponrevocation of the license, the person shall not be eligible to operate a motorvehicle on the highway until the person is eighteen years of age and has againsatisfied the requirements of sections 286‑108 and 286‑109; or

(D)  A person who is an emancipated minor maybe granted a license upon satisfaction of all requirements of this chapterapplicable to persons eighteen years of age or older; or

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

Any person denied a license under this or anyother section of this part shall have a right of appeal as provided in section286‑129. [L 1937, c 234, §4; am L 1943, c 121, §1; RL 1945, §7304; am L1947, c 38, §1; RL 1955, §160-34; am L 1967, c 214, §8; HRS §286-104; am L1970, c 164, §3 and c 188, §39; am L 1980, c 54, §1; am L 1985, c 258, §2; gench 1985; am L 1990, c 34, §15; am L 1996, c 36, §1; am L 1997, c 153, §1 and c330, §2; am L 1999, c 175, §1; am L 2001, c 86, §3 and c 157, §6; am L 2002, c16, §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-wheeldriver training program; rules, see §286-108.4.