Report Title:

Provisional Driver's License; Financial Responsibility

Description:

Provides that conviction or license revocation for violation of provisional driver licensing law does not give rise to requirement that person provide proof of financial responsibility.  Effective upon approval.  (SB784 HD2)

THE SENATE	S.B. NO.	784
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO DRIVER LICENSING.

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

     SECTION 1.  Section 286-102.6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  If the provisional licensee violates any of the requirements of subsection (b) or (c):

     (1)  For a first violation of any requirement, the provisional license shall be suspended for a period of three months by a district court or family court judge.  If the person's provisional license is suspended, the person shall not be eligible for reissuance of the provisional license or issuance of a driver's license until:

         (A)  The person is eighteen years of age; or

         (B)  Three months have elapsed since the date of suspension,

          whichever is sooner, and the person has otherwise satisfied the requirements of this chapter; and

     (2)  For a second or any subsequent violation of any requirement, the provisional license shall be revoked for six months by a district court or family court judge.  If the person's provisional license is revoked, the person shall not be eligible for reissuance of the provisional license or issuance of a driver's license until:

         (A)  The person is eighteen years of age; or

         (B)  Six months have elapsed since the date of revocation,

          whichever is sooner, and the person has otherwise satisfied the requirements of this chapter.

Suspension or revocation of a provisional license pursuant to this subsection shall be exempt from proof of financial responsibility requirements under section 287-20."

     SECTION 2.  Section 287-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Whenever a driver's license has been suspended or revoked:

     (1)  Pursuant to section 291E-65 or part III of chapter 291E, except as provided in section 291E-41(f);

     (2)  Upon a conviction of any offense pursuant to law; or

     (3)  In the case of minors, pursuant to part V of chapter 571,

the license shall not at any time thereafter be issued to the person whose license has been suspended or revoked, nor shall the person thereafter operate a motor vehicle, unless and until the person has furnished and thereafter maintains proof of financial responsibility; provided that this section shall not apply to a license suspended pursuant to section 291E-61(b)(1) or 291E-64(b)(1), any conviction of a moving violation, any administrative license suspension pursuant to chapter 291A, or the first conviction within a five-year period for driving without a valid motor vehicle insurance policy.

This subsection shall not apply to a suspension or revocation of a provisional license under section 286-102.6(d)."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.