§286-108  Examination of applicants. (a)  Except as provided in section 286-107.5(a), the examiner of drivers shallexamine every applicant for a driver's license, except as otherwise provided inthis part.  The examination shall include a test of:

(1)  The applicant's eyesight and any further physicalexamination that the examiner of drivers finds necessary to determine theapplicant's fitness to operate a motor vehicle safely upon the highways;

(2)  The applicant's ability to understand highwaysigns regulating, warning, and directing traffic;

(3)  The applicant's knowledge of the rules of theroad based on the traffic laws of the State and the traffic ordinances of thecounty where the applicant resides or intends to operate a motor vehicle; providedthat the examination shall specifically test the applicant's knowledge of theprovisions of section 291C-121.5; and

(4)  The actual demonstration of ability to exerciseordinary and reasonable control in the operation of a motor vehicle.

The examinations shall be appropriate to theoperation of the category of motor vehicle for which the applicant seeks to belicensed and shall be conducted as required by the director.

The examiner of drivers shall require everyapplicant to comply with section 286-102.5.

The examiner of drivers may waive the actualdemonstration of ability to operate a motorcycle or motor scooter for anyperson who furnishes evidence, to the satisfaction of the examiner of drivers,that the person has completed the motorcycle education course approved by thedirector in accordance with section 431:10G-104.

At the time of examination, an application forvoter registration by mail shall be made available to every applicant for adriver's license.

For the purposes of this section, the term"applicant" does not include any person reactivating a license undersection 286‑107.5(a).

(b)  [Repeal and reenactment on January 9,2011.  L 2005, c 72, §15.]  The examiner of drivers shall require prooffrom every applicant under the age of eighteen that the applicant has completeda driver education program and a behind-the-wheel driver training coursecertified by the director of transportation.  The examiner of drivers shall notexamine any applicant for a provisional license who is sixteen through seventeenyears of age unless the applicant holds and has held a valid instruction permitunder section 286‑110, for a period of no fewer than one hundred eightydays.  If the applicant's instruction permit has expired and a new instructionpermit was issued within thirty days of its expiration, the examiner of driversmay examine the applicant without requiring an additional one hundred eightyday period.

(c)  The examiner of drivers may waive theactual demonstration of ability to operate a motor vehicle for any person whois at least eighteen years of age and who possesses a valid driver's licenseissued to the applicant in any other state of the United States, the Districtof Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, a provinceof the Dominion of Canada, or the Commonwealth of the Northern Mariana Islandsfor the operation of vehicles in categories 1 through 3 of section 286-102.

(d)  As part of the examination required bythis section, the applicant for a driver's license shall produce and display avalid motor vehicle or liability insurance identification card for the motorvehicle required by sections 431:10C-107 and 431:10G-106, when the applicantdemonstrates the ability to operate a motor vehicle to the satisfaction of theexaminer of drivers.  If no valid motor vehicle or liability insuranceidentification card is displayed, the examiner of drivers shall not issue adriver's license to the applicant. [L 1937, c 234, §11; RL 1945, §7312; RL1955, §160-42; am L 1967, c 214, §9; HRS §286-108; am L 1975, c 194, §3; am LSp 1977 1st, c 20, §12; am L 1978, c 91, §11; am L 1985, c 26, §1; am L 1986, c224, §1; am L 1990, c 45, §10; am L 1991, c 60, §1; am L 1997, c 104, §1, c251, §7, c 269, §1, and c 330, §5; am L 1999, c 175, §2; am L 2001, c 86, §5;am L 2002, c 4, §1; am L 2005, c 72, §5 ; am L 2008, c 170, §3]

 

Note

 

  The repeal and reenactment of subsection (b) takes effect onJanuary 9, 2011.  L 2005, c 72, §15.

  The 2008 amendment to subsection (a) is exempt from therepeal and reenactment on January 9, 2011 by L 2005, c 72, §15.  L 2008, c 170,§7.