SB 2812: Driver's License; License Examination; Excessive Speeding; Penalties

A BILL FOR AN ACT

RELATING TO TRANSPORTATION SAFETY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that vehicles having a hood height greater than forty inches are forty-five per cent more likely to kill pedestrians after striking them, because the impact is closer to the head or torso rather than with lower vehicles.  The legislature also finds that the penalties for excessive speeding and driving while intoxicated may include fines or license suspension.

     Accordingly, the purpose of this Act is to require:

     (1)  The examiner of drivers to test driver's license applicants on knowledge of the dangers that larger motor vehicles, including trucks and sport utility vehicles, pose to pedestrians and bicyclists; and

     (2)  Persons who commit the offense of excessive speeding to pass a driver's license examination only if and when those drivers apply for a new driver's license.

     SECTION 2.  Section 286-108, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Except as provided in section 286-107.5(a)[,] or as otherwise provided in this part, 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] sections 291C-121.5 and [section] 291C-137; [and]

     (4)  The applicant's knowledge of the dangers that large vehicles, including trucks, pose to pedestrians and bicyclists; and

    [(4)] (5)  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.

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

     2.  By amending subsection (c) to read:

     "(c)  The examiner of drivers may waive the written or oral examination required under subsection (a)(2) [and], (3), and 4 and the actual demonstration of ability to operate a motor vehicle for any person who:

     (1)  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;

     (2)  Has completed the same requirements as set forth in section 286-102.6(f) in another state and possesses a valid provisional license from that state; or

     (3)  Is at least eighteen years of age and [who] possesses a valid driver's license issued to the applicant in any jurisdiction for which the director has granted reciprocal licensing privileges in accordance with section 286-101.5 for the operation of vehicles in category (3) of section 286-102(b)."

     SECTION 3.  Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-105  Excessive speeding.  (a)  No person shall drive a motor vehicle at a speed exceeding:

     (1)  The applicable state or county speed limit by thirty miles per hour or more; or

     (2)  Eighty miles per hour or more irrespective of the applicable state or county speed limit.

     (b)  For the purposes of this section, "the applicable state or county speed limit" means the maximum speed limit established:

     (1)  By county ordinance;

     (2)  By official signs placed by the director of transportation on highways under the director's jurisdiction; or

     (3)  Pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.

     (c)  Any person who violates subsection (a) shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  For a first offense not preceded by a prior conviction for an offense under subsection (a) in the preceding five years:

          (A)  A fine of [not] no less than $500 and [not] no more than $1,000;

          (B)  Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

          (E)  [A] If the court so orders, a surcharge of [not] no more than $100 to be deposited into the trauma system special fund under section 321-22.5[, if the court so orders];

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

              (i)  Thirty-six hours of community service work; or

             (ii)  [Not] No less than forty-eight hours and [not] no more than five days of imprisonment; and

     (2)  For an offense that occurs within five years of a prior conviction for an offense under subsection (a):

          (A)  A fine of [not] no less than $750 and [not] no more than $1,000;

          (B)  Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

          (E)  [A] If the court so orders, a surcharge of [not] no more than $100 to be deposited into the trauma system special fund under section 321-22.5[, if the court so orders];

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

              (i)  [Not] No less than one hundred twenty hours of community service work; or

             (ii)  [Not] No less than five days but [not] no more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively.

     (d)  Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  A mandatory minimum jail sentence of thirty days;

     (2)  Revocation of license and privilege to operate a vehicle for a period of [not] no less than ninety days but [not] no more than six months;

     (3)  Attendance in a course of instruction in driver retraining;

     (4)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

     (5)  A surcharge of [not] no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;

     (6)  An assessment for driver education pursuant to section 286G-3; and

     (7)  That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders.

     (e)  In addition to any penalties imposed by this section, any person who violates this section and applies for a driver's license anytime thereafter shall be required to pass a driver's license examination as provided in section 286-108."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Driver's License; License Examination; Excessive Speeding; Penalties

Description:

Requires testing of driver license applicants on the dangers that larger motor vehicles present to pedestrians and bicyclists.  Requires persons who commit the offense of excessive speeding to pass the driver license examination only if and when those drivers apply for a new driver's license.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO TRANSPORTATION SAFETY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that vehicles having a hood height greater than forty inches are forty-five per cent more likely to kill pedestrians after striking them, because the impact is closer to the head or torso rather than with lower vehicles.  The legislature also finds that the penalties for excessive speeding and driving while intoxicated may include fines or license suspension.

     Accordingly, the purpose of this Act is to require:

     (1)  The examiner of drivers to test driver license applicants on knowledge of the dangers that larger motor vehicles, including trucks and sport utility vehicles, pose to pedestrians and bicyclists; and

     (2)  Persons who commit the offense of excessive speeding or habitually operating a vehicle under the influence of an intoxicant to pass a driver's license examination following each offense pursuant to an order of the court.

     SECTION 2.  Section 286-108, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Except as provided in section 286-107.5(a)[,] or any other provision of this part, 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] sections 291C-121.5 and [section] 291C-137; [and]

     (4)  The applicant's knowledge of the dangers that large vehicles, including trucks, pose to pedestrians and bicyclists; and

    [(4)] (5)  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.

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

     2.  By amending subsection (c) to read:

     "(c)  The examiner of drivers may waive the written or oral examination required under subsection (a)(2) [and], (3), and 4 and the actual demonstration of ability to operate a motor vehicle for any person who:

     (1)  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;

     (2)  Has completed the same requirements as set forth in section 286-102.6(f) in another state and possesses a valid provisional license from that state; or

     (3)  Is at least eighteen years of age and [who] possesses a valid driver's license issued to the applicant in any jurisdiction for which the director has granted reciprocal licensing privileges in accordance with section 286-101.5 for the operation of vehicles in category (3) of section 286-102(b)."

     SECTION 3.  Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-105  Excessive speeding.  (a)  No person shall drive a motor vehicle at a speed exceeding:

     (1)  The applicable state or county speed limit by thirty miles per hour or more; or

     (2)  Eighty miles per hour or more irrespective of the applicable state or county speed limit.

     (b)  For the purposes of this section, "the applicable state or county speed limit" means the maximum speed limit established:

     (1)  By county ordinance;

     (2)  By official signs placed by the director of transportation on highways under the director's jurisdiction; or

     (3)  Pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.

     (c)  Any person who violates subsection (a) shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  For a first offense not preceded by a prior conviction for an offense under subsection (a) in the preceding five years:

          (A)  A fine of not less than $500 and not more than $1,000;

          (B)  Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

          (E)  [A] If the court so orders, a surcharge of not more than $100 to be deposited into the trauma system special fund under section 321-22.5[, if the court so orders];

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

               (i)  Thirty-six hours of community service work; or

              (ii)  Not less than forty-eight hours and not more than five days of imprisonment; and

     (2)  For an offense that occurs within five years of a prior conviction for an offense under subsection (a):

          (A)  A fine of not less than $750 and not more than $1,000;

          (B)  Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

          (E)  [A] If the court so orders, a surcharge of not more than $100 to be deposited into the trauma system special fund under section 321-22.5[, if the court so orders];

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

               (i)  Not less than one hundred twenty hours of community service work; or

              (ii)  Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively.

     (d)  Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  A mandatory minimum jail sentence of thirty days;

     (2)  Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than six months;

     (3)  Attendance in a course of instruction in driver retraining;

     (4)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

     (5)  A surcharge of not more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;

     (6)  An assessment for driver education pursuant to section 286G-3; and

     (7)  That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders."

     (e)  In addition to any penalties imposed by this section, the court shall order that any person who violates this section pass a driver's license examination as provided in section 286‑108 in the manner and within the time ordered by the court."

     SECTION 4.  Section 291E-61.5, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-61.5  Habitually operating a vehicle under the influence of an intoxicant.  (a)  A person commits the offense of habitually operating a vehicle under the influence of an intoxicant if:

     (1)  The person is a habitual operator of a vehicle while under the influence of an intoxicant; and

     (2)  The person operates or assumes actual physical control of a vehicle:

          (A)  While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;

          (B)  While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;

          (C)  With .08 or more grams of alcohol per two hundred ten liters of breath; or

          (D)  With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.

     (b)  Habitually operating a vehicle while under the influence of an intoxicant [is] shall be a class C felony.

     (c)  For a conviction under this section, the sentence shall be either:

     (1)  An indeterminate term of imprisonment of five years; or

     (2)  A term of probation of five years, with conditions to include:

          (A)  Mandatory revocation of license to operate a vehicle for a period [no] not less than three years but [no] not more than five years, with mandatory installation of an ignition interlock device in all vehicles operated by the respondent during the revocation period;

          (B)  [No] Not less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;

          (C)  A fine of [no] not less than $2,000 but [no] not more than $5,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund;

          (D)  Referral to a certified substance abuse counselor as provided in subsection (e);

          (E)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

          (F)  A surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders.

In addition to the foregoing, any vehicle owned and operated by the person committing the offense shall be subject to forfeiture pursuant to chapter 712A.

     (d)  For any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident, the offense shall be a class B felony and the person shall be sentenced to the following:

     (1)  An indeterminate term of imprisonment of ten years; or

     (2)  A term of probation of five years, with conditions to include the following:

          (A)  Permanent revocation of license to operate a vehicle;

          (B)  [No] Not less than eighteen months imprisonment;

          (C)  A fine of [no] not less than $5,000 but [no] not more than $25,000; and

          (D)  Referral to a certified substance abuse counselor as provided in subsection (e).

In addition to the foregoing, any vehicle owned and operated by the person who committed the offense shall be subject to forfeiture pursuant to chapter 712A.

     (e)  Whenever a court sentences a person under this section, it shall also require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment.  The counselor shall submit a report with recommendations to the court.  The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence.  All costs for assessment and treatment shall be borne by the offender.

     (f)  Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person a new driver's license until expiration of the period of revocation determined by the court.  After the period of revocation is complete, and subject to subsection (h), the person may apply for and the examiner of drivers may grant to the person a new driver's license.

     (g)  Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11.  The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test.

     (h)  In addition to any other penalty imposed by this section, the court shall order that any person convicted of violating this section pass a driver's license examination as provided in section 286-108 in the manner and within the time ordered by the court.

     [(h)] (i)  [As used in] For the purposes of this section:

     "Convicted one or more times for offenses of habitually operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had one or more times within ten years of the instant offense:

     (1)  A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of this section or section 291-4.4 as that section was in effect on December 31, 2001;

     (2)  A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to this section or section 291-4.4 as that section was in effect on December 31, 2001; or

     (3)  An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of this section or section 291‑4.4 as that section was in effect on December 31, 2001,

that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside.  All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of proving the person's status as a habitual operator of a vehicle while under the influence of an intoxicant.

     "Convicted two or more times for offenses of operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had two or more times within ten years of the instant offense:

     (1)  A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of section 291E-61 or 707-702.5;

     (2)  A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to section 291E-61 or 707-702.5; or

     (3)  An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of section 291E-61 or 707‑702.5,

that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside.  All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of proving that the person is a habitual operator of a vehicle while under the influence of an intoxicant.

     "Examiner of drivers" has the same meaning as provided in section 286-2.

     "Habitual operator of a vehicle while under the influence of an intoxicant" means that the person was convicted:

     (1)  Two or more times for offenses of operating a vehicle under the influence; or

     (2)  One or more times for offenses of habitually operating a vehicle under the influence."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Driver's License; License Examination; Excessive Speeding; DUI; Penalties

Description:

Requires testing of driver license applicants on the dangers that larger motor vehicles present to pedestrians and bicyclists.  Requires persons who commit the offense of excessive speeding or habitually driving while intoxicated to pass the driver license examination for each offense pursuant to an order of the court.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO TRANSPORTATION SAFETY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that vehicles having a hood height greater than forty inches are forty-five per cent more likely to kill pedestrians after striking them, because the impact is closer to the head or torso rather than with lower vehicles.  The legislature also finds that the penalties for excessive speeding and driving while intoxicated may include fines or license suspension.

     Accordingly, the purpose of this Act is to require:

     (1)  The examiner of drivers to test driver license applicants on knowledge of the dangers that larger motor vehicles, including trucks and sport utility vehicles, pose to pedestrians and bicyclists; and

     (2)  Persons who commit the offense of excessive speeding or habitually operating a vehicle under the influence of an intoxicant to pass a driver's license examination following each offense.

     SECTION 2.  Section 286-108, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Except as provided in section 286-107.5(a)[,] or any other provision of this part, 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] sections 291C-121.5 and [section] 291C-137; [and]

     (4)  The applicant's knowledge of the dangers that large vehicles, including trucks, pose to pedestrians and bicyclists; and

    [(4)] (5)  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.

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

     2.  By amending subsection (c) to read:

     "(c)  The examiner of drivers may waive the written or oral examination required under subsection (a)(2) [and], (3), and 4 and the actual demonstration of ability to operate a motor vehicle for any person who:

     (1)  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;

     (2)  Has completed the same requirements as set forth in section 286-102.6(f) in another state and possesses a valid provisional license from that state; or

     (3)  Is at least eighteen years of age and [who] possesses a valid driver's license issued to the applicant in any jurisdiction for which the director has granted reciprocal licensing privileges in accordance with section 286-101.5 for the operation of vehicles in category (3) of section 286-102(b)."

     SECTION 3.  Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-105  Excessive speeding.  (a)  No person shall drive a motor vehicle at a speed exceeding:

     (1)  The applicable state or county speed limit by thirty miles per hour or more; or

     (2)  Eighty miles per hour or more irrespective of the applicable state or county speed limit.

     (b)  For the purposes of this section, "the applicable state or county speed limit" means the maximum speed limit established:

     (1)  By county ordinance;

     (2)  By official signs placed by the director of transportation on highways under the director's jurisdiction; or

     (3)  Pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.

     (c)  Any person who violates subsection (a) shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  For a first offense not preceded by a prior conviction for an offense under subsection (a) in the preceding five years:

          (A)  A fine of not less than $500 and not more than $1,000;

          (B)  Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

          (E)  [A] If the court so orders, a surcharge of not more than $100 to be deposited into the trauma system special fund under section 321-22.5[, if the court so orders];

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

               (i)  Thirty-six hours of community service work; or

              (ii)  Not less than forty-eight hours and not more than five days of imprisonment; and

     (2)  For an offense that occurs within five years of a prior conviction for an offense under subsection (a):

          (A)  A fine of not less than $750 and not more than $1,000;

          (B)  Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

          (E)  [A] If the court so orders, a surcharge of not more than $100 to be deposited into the trauma system special fund under section 321-22.5[, if the court so orders];

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

               (i)  Not less than one hundred twenty hours of community service work; or

              (ii)  Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively.

     (d)  Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  A mandatory minimum jail sentence of thirty days;

     (2)  Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than six months;

     (3)  Attendance in a course of instruction in driver retraining;

     (4)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

     (5)  A surcharge of not more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;

     (6)  An assessment for driver education pursuant to section 286G-3; and

     (7)  That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders."

     (e)  In addition to any penalties imposed by this section, any person who violates this section shall be required to pass a driver's license examination as provided in section 286-108."

     SECTION 4.  Section 291E-61.5, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-61.5  Habitually operating a vehicle under the influence of an intoxicant.  (a)  A person commits the offense of habitually operating a vehicle under the influence of an intoxicant if:

     (1)  The person is a habitual operator of a vehicle while under the influence of an intoxicant; and

     (2)  The person operates or assumes actual physical control of a vehicle:

          (A)  While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;

          (B)  While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;

          (C)  With .08 or more grams of alcohol per two hundred ten liters of breath; or

          (D)  With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.

     (b)  Habitually operating a vehicle while under the influence of an intoxicant [is] shall be a class C felony.

     (c)  For a conviction under this section, the sentence shall be either:

     (1)  An indeterminate term of imprisonment of five years; or

     (2)  A term of probation of five years, with conditions to include:

          (A)  Mandatory revocation of license to operate a vehicle for a period no less than three years but no more than five years, with mandatory installation of an ignition interlock device in all vehicles operated by the respondent during the revocation period;

          (B)  No less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;

          (C)  A fine of no less than $2,000 but no more than $5,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund;

          (D)  Referral to a certified substance abuse counselor as provided in subsection (e);

          (E)  A surcharge of $25 to be deposited into the neurotrauma special fund; and

          (F)  A surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders.

In addition to the foregoing, any vehicle owned and operated by the person committing the offense shall be subject to forfeiture pursuant to chapter 712A.

     (d)  For any person who is convicted under this section and was a highly intoxicated driver at the time of the subject incident, the offense shall be a class B felony and the person shall be sentenced to the following:

     (1)  An indeterminate term of imprisonment of ten years; or

     (2)  A term of probation of five years, with conditions to include the following:

          (A)  Permanent revocation of license to operate a vehicle;

          (B)  No less than eighteen months imprisonment;

          (C)  A fine of no less than $5,000 but no more than $25,000; and

          (D)  Referral to a certified substance abuse counselor as provided in subsection (e).

In addition to the foregoing, any vehicle owned and operated by the person who committed the offense shall be subject to forfeiture pursuant to chapter 712A.

     (e)  Whenever a court sentences a person under this section, it shall also require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment.  The counselor shall submit a report with recommendations to the court.  The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence.  All costs for assessment and treatment shall be borne by the offender.

     (f)  Notwithstanding any other law to the contrary, whenever a court revokes a person's driver's license pursuant to this section, the examiner of drivers shall not grant to the person a new driver's license until expiration of the period of revocation determined by the court.  After the period of revocation is complete, and subject to subsection (h), the person may apply for and the examiner of drivers may grant to the person a new driver's license.

     (g)  Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11.  The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test.

     (h)  In addition to any other penalty imposed by this section, any person convicted of violating this section shall be required to pass a driver's license examination as provided in section 286-108.

     [(h)] (i)  As used in this section:

     "Convicted one or more times for offenses of habitually operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had one or more times within ten years of the instant offense:

     (1)  A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of this section or section 291-4.4 as that section was in effect on December 31, 2001;

     (2)  A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to this section or section 291-4.4 as that section was in effect on December 31, 2001; or

     (3)  An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of this section or section 291‑4.4 as that section was in effect on December 31, 2001,

that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside.  All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of proving the person's status as a habitual operator of a vehicle while under the influence of an intoxicant.

     "Convicted two or more times for offenses of operating a vehicle under the influence" means that, at the time of the behavior for which the person is charged under this section, the person had two or more times within ten years of the instant offense:

     (1)  A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for a violation of section 291E-61 or 707-702.5;

     (2)  A judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere, for an offense that is comparable to section 291E-61 or 707-702.5; or

     (3)  An adjudication of a minor for a law or probation violation that, if committed by an adult, would constitute a violation of section 291E-61 or 707‑702.5,

that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside.  All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of proving that the person is a habitual operator of a vehicle while under the influence of an intoxicant.

     "Examiner of drivers" has the same meaning as provided in section 286-2.

     "Habitual operator of a vehicle while under the influence of an intoxicant" means that the person was convicted:

     (1)  Two or more times for offenses of operating a vehicle under the influence; or

     (2)  One or more times for offenses of habitually operating a vehicle under the influence."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Driver's License; License Examination; Excessive Speeding; DUI; Penalties

Description:

Requires testing of driver license applicants on the dangers that larger motor vehicles present to pedestrians and bicyclists.  Requires persons who commit the offense of excessively speeding or habitually driving while intoxicated to pass the driver license examination for each offense.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 3071

Honolulu, Hawaii

RE:     S.B. No. 2812

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2812 entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION SAFETY,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require testing of driver license applicants on the dangers that large motor vehicles present to pedestrians and bicyclists; and

     (2)  Require persons who commit the offense of excessive speeding or habitually driving while intoxicated to pass the driver license examination for each offense.

     Your Committee received testimony in support of this measure from the Department of Transportation, Oahu Metropolitan Planning Organization, and two individuals.

     Your Committee received comments on this measure from the Department of Customer Services of the City and County of Honolulu.

     Your Committee finds that educating and testing drivers on the dangers that larger vehicles present to pedestrians and cyclists is a crucial step in raising awareness and promoting safer driving behaviors.  Additionally, requiring re-examination for high-risk drivers convicted of excessive speeding or habitually driving under the influence would serve as an effective deterrent and educational tool that ensures these high-risk drivers demonstrate their knowledge and ability to operate a vehicle safely before regaining their driving privileges.  This measure will educate motorists and ensure that high-risk drivers are held accountable to promote road safety.

     Your Committee has amended this measure by:

     (1)  Specifying that the reexamination of drivers who commit the offense of excessive speeding or habitually driving while intoxicated shall be ordered by the court and conducted in the manner and within the time ordered;

     (2)  Amending section 1 to reflect its amended purpose; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2812, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2812, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,