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



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



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



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



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



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



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



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



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



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



(b)  [Repeal and reenactment on January 9,
2011.  L 2005, c 72, §15.]  The examiner of drivers shall require proof
from every applicant under the age of eighteen that the applicant has completed
a driver education program and a behind-the-wheel driver training course
certified by the director of transportation.  The examiner of drivers shall not
examine any applicant for a provisional license who is sixteen through seventeen
years of age unless the applicant holds and has held a valid instruction permit
under section 286‑110, for a period of no fewer than one hundred eighty
days.  If the applicant's instruction permit has expired and a new instruction
permit was issued within thirty days of its expiration, the examiner of drivers
may examine the applicant without requiring an additional one hundred eighty
day period.



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



(d)  As part of the examination required by
this section, the applicant for a driver's license shall produce and display a
valid motor vehicle or liability insurance identification card for the motor
vehicle required by sections 431:10C-107 and 431:10G-106, when the applicant
demonstrates the ability to operate a motor vehicle to the satisfaction of the
examiner of drivers.  If no valid motor vehicle or liability insurance
identification card is displayed, the examiner of drivers shall not issue a
driver's license to the applicant. [L 1937, c 234, §11; RL 1945, §7312; RL
1955, §160-42; am L 1967, c 214, §9; HRS §286-108; am L 1975, c 194, §3; am L
Sp 1977 1st, c 20, §12; am L 1978, c 91, §11; am L 1985, c 26, §1; am L 1986, c
224, §1; am L 1990, c 45, §10; am L 1991, c 60, §1; am L 1997, c 104, §1, c
251, §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 on
January 9, 2011.  L 2005, c 72, §15.



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