§286-110  Instruction permits.  (a)  Any
person aged fifteen years and six months or more who, except for the person's
lack of instruction in operating a motor vehicle, would be qualified to obtain
a driver's license issued under this part may apply for a temporary instruction
permit at the office of the examiner of drivers in the county in which the
applicant resides; provided that the applicant complies with section 286-102.5.



(b)  The examiner of drivers shall examine
every applicant for an instruction permit.  The examination shall include tests
of the applicant's:



(1)  Eyesight and other physical or mental
capabilities to determine if the applicant is capable of operating a motor
vehicle;



(2)  Understanding of highway signs regulating,
warning, and directing traffic; and



(3)  Knowledge of the traffic laws, ordinances, or
regulations of the State and the county where the applicant resides or intends
to operate a motor vehicle.



(c)  If the examiner of drivers is satisfied
that the applicant is qualified to receive an instruction permit, the examiner
of drivers shall issue the permit entitling the applicant, while having the
permit in the applicant's immediate possession, to drive a motor vehicle upon
the highways for a period of one year; provided that an applicant who is
registered in a driver training course shall be issued a temporary instruction
permit for the duration of the course and the termination date of the course
shall be entered on the permit.  A person who is not licensed to operate the category
of motor vehicles to which the driving training course applies shall not
operate a motor vehicle in connection with the driving training course without
a valid temporary instruction permit.



(d)  [Repeal and reenactment on January 9, 2011. 
L 2005, c 72, §15.]  Except when operating a motor scooter or motorcycle,
the holder of an instruction permit shall be accompanied by a person who is
twenty-one years of age or older and licensed to operate the category of motor
vehicles in which the motor vehicle that is being operated belongs.  The
licensed person shall occupy a passenger seat beside the permit holder while
the motor vehicle is being operated; provided that if the holder of the
instruction permit is under the age of eighteen years and is driving between
the hours of 11:00 p.m. and 5:00 a.m.:



(1)  A licensed driver who is the permit holder's
parent or guardian shall occupy a passenger seat beside the driver while the
motor vehicle is operated, unless the permit holder is an emancipated minor;



(2)  The licensed driver shall be licensed to operate
the same category of motor vehicles as the motor vehicle being operated by the
holder of the instruction permit; and



(3)  All occupants of the motor vehicle shall be
restrained by a seat belt assembly or a child passenger safety restraint system
as required under sections 291-11.5 and 291-11.6, notwithstanding any other law
to the contrary.



(e)  No holder of a temporary instruction
permit shall operate a motorcycle or a motor scooter during hours of darkness or
carry any passengers.



(f)  No holder of a category 1 or 2 temporary
instruction permit shall have the permit renewed, nor shall the holder be
issued another temporary instruction permit for the same purpose, unless the
holder has taken the examination for a category 1 or 2 license at least once
prior to the expiration of the temporary instruction permit.  If the holder of
a temporary instruction permit fails to meet the requirements of this section,
the holder shall not be permitted to apply for another category 1 or 2
temporary instruction permit for a period of three months.  Nothing in this
subsection shall affect the right and privilege of any holder of a category 1
or 2 temporary instruction permit to obtain a temporary instruction permit or
driver's license for the operation of any other type of motor vehicle.



(g)  The examiner of drivers may accept an
application for renewal of an instruction permit no more than thirty days prior
to or ninety days after the expiration date of the instruction permit,
whereupon the applicant for renewal of an instruction permit shall be exempt
from subsection (b)(2) and (3).  If an application for renewal of an
instruction permit is not made within ninety days after the expiration date of
the permit, the applicant shall be treated as applying for a new instruction
permit and examined in accordance with subsection (b).



(h)  Notwithstanding any other law to the
contrary, the examiner of drivers may issue an instruction permit to an
applicant with a disability who has completed a medical review with this State,
and as a condition to licensure is required to pass a road test, but has failed
the road test on the applicant's first attempt.  The instruction permit issued
under this subsection may be renewed no more than thirty days prior to or
ninety days after the expiration date of the instruction permit upon receiving
an updated medical report.  Subsections (b)(2) and (3) shall not apply to the
issuance or renewal of an instruction permit issued under this subsection.



For the purposes of this subsection,
"applicant with a disability" means an applicant who the examiner of
drivers has reasonable cause to believe may have a mental or physical infirmity
or disability that would make it unsafe to operate a motor vehicle pursuant to
section 286-119 and has been medically evaluated by the medical advisory board
established pursuant to section 286-4.1. [L 1967, c 214, pt of §2; HRS
§286-110; am L 1970, c 164, §3; am L 1977, c 50, §2; gen ch 1985; am L 1996, c
100, §1; am L 1997, c 104, §2; am L 1999, c 175, §3; am L 2001, c 82, §1 and c
86, §6; am L 2002, c 25, §1; am L 2005, c 72, §6; am L 2006, c 61, §2]



 



Cross References



 



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