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

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

(1)  Eyesight and other physical or mentalcapabilities to determine if the applicant is capable of operating a motorvehicle;

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

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

(c)  If the examiner of drivers is satisfiedthat the applicant is qualified to receive an instruction permit, the examinerof drivers shall issue the permit entitling the applicant, while having thepermit in the applicant's immediate possession, to drive a motor vehicle uponthe highways for a period of one year; provided that an applicant who isregistered in a driver training course shall be issued a temporary instructionpermit for the duration of the course and the termination date of the courseshall be entered on the permit.  A person who is not licensed to operate the categoryof motor vehicles to which the driving training course applies shall notoperate a motor vehicle in connection with the driving training course withouta 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 istwenty-one years of age or older and licensed to operate the category of motorvehicles in which the motor vehicle that is being operated belongs.  Thelicensed person shall occupy a passenger seat beside the permit holder whilethe motor vehicle is being operated; provided that if the holder of theinstruction permit is under the age of eighteen years and is driving betweenthe hours of 11:00 p.m. and 5:00 a.m.:

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

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

(3)  All occupants of the motor vehicle shall berestrained by a seat belt assembly or a child passenger safety restraint systemas required under sections 291-11.5 and 291-11.6, notwithstanding any other lawto the contrary.

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

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

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

(h)  Notwithstanding any other law to thecontrary, the examiner of drivers may issue an instruction permit to anapplicant 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 failedthe road test on the applicant's first attempt.  The instruction permit issuedunder this subsection may be renewed no more than thirty days prior to orninety days after the expiration date of the instruction permit upon receivingan updated medical report.  Subsections (b)(2) and (3) shall not apply to theissuance 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 ofdrivers has reasonable cause to believe may have a mental or physical infirmityor disability that would make it unsafe to operate a motor vehicle pursuant tosection 286-119 and has been medically evaluated by the medical advisory boardestablished 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, c100, §1; am L 1997, c 104, §2; am L 1999, c 175, §3; am L 2001, c 82, §1 and c86, §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-wheeldriver training program; rules, see §286-108.4.