Hawaii Administrative Code

(a) If there is reasonable cause to believe that the applicant for a Hawaii driver's license or instruction or commercial learner's permit has not met the standards set forth in this subchapter, the examiner of drivers shall not issue or renew the license, permit, or privilege to…

(a) A person who for reasons pursuant to this chapter was denied a Hawaii driver's license or instruction or commercial learner's permit may submit to the examiner of drivers additional documents, evidence, or information to determine proof of identity and lawful status; or quali…

Any person denied a license under this subchapter shall have a right of appeal as provided in section 286-129, HRS. Notes Haw. Code R. § 19-122-315 [Eff and comp 10/14/11; comp JAN 17 2014] (Auth: HRS §§ 91-14, 286-18, 286-104) (Imp: HRS §§ 91-14, 286-104, 286-129) Am and Comp 11…

(a) The examiner of drivers may issue, over-the-counter, a United States Postal Service (USPS) returned driver's license, provisional driver's license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instructi…

The purposes of subchapter 8 are to establish procedures for the application for the issuance of a driver's license or permit to persons with medical conditions that could affect their ability to safely operate a motor vehicle, and to provide for vision standards, procedures, and…

As used in this subchapter, unless a different meaning clearly appears in the context: "Medical advisory board" means the board of medical advisors, as provided in section 286-4.1, HRS. "Medical doctor" means licensed medical doctor or doctor of osteopathy. "Medical report" means…

(a) The examiner of drivers has reasonable cause to believe written information that is received from: (1) Federal, state, or county police authorities; (2) Licensed medical doctors and optometrists; (3) Federal or state courts; or (4) Examiner of drivers or authorized representa…

(a) The examiner of drivers will include, as part of the application for a driver's license, renewal or permit, questions as to the existence of physical or mental conditions which may impair the ability of the applicant to operate a motor vehicle safely or which make such operat…

When a medical report is required, the applicant has thirty days after receipt of the notice of requirement of a medical report to submit the completed medical report. Notice by mail shall be deemed received ten days after mailing. Notes Haw. Code R. § 19-122-354 [Eff and comp 5/…

(a) The examiner of drivers will cancel the driver's license or permit of any person who fails to submit a complete medical report within thirty days after receiving notice that a medical report is required. (b) If it is determined that a licensee or permitee is unable to safely …

(a) Each applicant shall meet the minimum standards of vision to qualify for a permit or license. Failure to meet the minimum standards of vision shall result in the applicant not being licensed to drive. Where the tests indicate a restriction is appropriate, the permit or licens…

The vision test shall be given to all applicants for a permit, a new license, or a license renewal and shall be conducted as follows: (1) The examiner shall allow each applicant ten minutes after entering the office before conducting the vision test to permit the applicant's eyes…

With or without correction: (1) The applicant with visual acuity of 20/40 or better in each eye and whose horizontal visual field is 140 degrees or more using both eyes shall have no restriction; (2) The applicant with visual acuity of 20/40 or better in each eye and whose horizo…

(a) A person who has experienced any of the following physical or medical conditions, and who is applying for or renewing a driver's license or who is requested by the examiner of drivers to obtain a medical examination, must submit a written medical report describing the conditi…

(a) The medical advisory board shall be established within the office of the director, for administrative purposes, and shall consist of no fewer than five physicians licensed to practice in the State. A quorum of three board members are required to review and make recommendation…

The examiner of drivers may adopt and impose restrictions and compulsory requirements when licensing persons to drive a category 1, 2 or 3 driver's license. A driver's license shall not be issued and a driving test shall not be conducted until the applicant complies with the prov…

If one or more of the following medical conditions exist and there is documented evidence through medical examinations or reports in addition to appropriate departmental evaluations and examinations which indicate the disorder would severely impair the person's ability to safely …

(a) If a person who, for medical or physical reasons or because the person's licensing would be hazardous to public safety, has been denied a license or permit, or has had a license suspended, revoked, or canceled subsequently applies for issuance or reinstatement of the license …

(a) A licensee has thirty days after the effective date of a suspension, revocation or cancellation of a license or permit, the denial of an application or imposition of a restricted license to petition the examiner of drivers for a hearing. The County examiner of drivers will ap…

Except as otherwise provided in section 19-122-308 and section 19-122-353(f), a temporary driver's license, temporary provisional driver's license, temporary instruction permit, temporary limited purpose driver's license, temporary limited purpose provisional driver's license, te…

(a) No driver's license shall be renewed until the applicant has passed the vision test described in section 19-122-356. Applicants must pass the hazardous materials test described in section 19-122-10 to renew a hazardous materials endorsement. The examiner of drivers may requir…

If an applicant fails the knowledge or practical test, there shall be a mandatory waiting period of at least one week but not more than thirty days before the applicant shall be eligible for retesting. Notes Haw. Code R. § 19-122-6 [Eff 8/26/82; am and comp 6/15/91; comp 12/2/00;…

Notes Haw. Code R. § 19-122-7 R 5/2/08

Notes Haw. Code R. § 19-122-8 R .5/2/08

Notes Haw. Code R. § 19-122-9 R 5/2/08

This chapter applies to every commercial driver's license or permit holder. Notes Haw. Code R. § 19-122.5-1 [Eff 11/29/93; am and comp NOV 30 2002] (Auth: HRS § 286-246) (Imp: HRS § 286-246)

(a) The hearing officer(s) shall review all evidence, all verbal and written arguments, investigative reports, and other pertinent information and testimony gathered, relevant to the suspension, revocation, cancellation, or out-of-service order as properly submitted by the office…

Within fourteen days after a hearing, the hearing officer (s) shall submit its findings, conclusions, and order on the petition to the examiner of drivers. The disposition shall be" prepared on the findings, conclusions of law, decision and order form located at the end of this c…

Any order and decision made by the hearing officer(s) may be appealed to the circuit court. Notes Haw. Code R. § 19-122.5-12 [Eff 11/29/93; comp NOV 30 2002] (Auth: HRS § 286-241-6) (Imp: HRS § 286-241-6 )

If any portion of this chapter is held invalid for any reason, tine invalidity shall not affect the validity of the remainder of the chapter. Notes Haw. Code R. § 19-122.5-13 [Eff 11/29/93; comp NOV 30 2002] (Auth: HRS §§ 2B6-241.4, 286-246) (Imp: HRS § 286-241.4)

All rules and regulations relating to and governing the suspension, revocation, or cancellation of commercial driver's licenses and permits in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-122.5-14 [Eff and comp NOV 30 2002] (Auth: HRS §…

The purpose of this chapter is to: (1) Implement the requirements of section 286-240, HRS relating to disqualification of driving privileges of the holder of a commercial driver's license or permit; and (2) Establish hearing practices and procedures for aggrieved persons. Notes H…

Notes Haw. Code R. § 19-122.5-3 Eff 11/29/93; R

(a) A notice of the disqualification shall be sent by mail or personally delivered to the commercial driver's license or permit holder. (b) For the purposes of this chapter, a notice will be deemed to have been received three days after the notice was mailed to the commercial dri…

Upon receipt of a notice of disqualification, the commercial driver's license or permit holder shall surrender within three days (not counting Saturday, Sunday, or holidays), the commercial driver's license or permit to the location noted in the notice. The examiner or its design…

The duration of disqualification shall be in accordance with sections 286-240 and 286-242, HRS. Notes Haw. Code R. § 19-122.5-6 [Eff 11/29/93; am and comp NOV 30 2002] (Auth: HRS §§ 286-240, 286-242) (Imp: HRS §§ 286-240286-242 )

(a) Any commercial driver's license or permit holder aggrieved by any notice of disqualification may request a hearing by filing a petition for hearing with the examiner of drivers within ten days after being notified of the suspension, revocation, cancellation/ or out-of-service…

The examiner of drivers shall notify the petitioner of the date of hearing within fourteen days upon receipt of the petition for a hearing. All petitions shall be time stamped upon receipt. The notice of hearing to notify the petitioner, located at the end of this chapter, is mad…

(a) The heading officer(s) shall be appointed by the examiner of drivers. (b) The hearing officer(s) shall serve without compensation but shall be reimbursed for reasonable incidental expenses subject to written approval by the director. (c) The hearing officer(s) shall hear all …

This subchapter establishes policies and procedures to establish statewide motorcycle, moped, and motor scooter education courses for persons seeking to comply with sections 286-108, 286-108.4, or 431:10G-104, Hawaii Revised Statutes. Notes Haw. Code R. § 19-123-101 [comp 8/18/20…

As used in this chapter, unless a different meaning clearly appears from the context: "Motorcycle Safety Foundation (MSF) Rider Skill Test for Motorcycles and 3-Wheel Motorcycles" is a test designed by the Motorcycle Safety Foundation as described in chapter 19-122-13, Hawaii Adm…

All persons under the age of eighteen, wishing to receive a category 1 or 2 driver's license, must first complete a driver education course in compliance with chapter 286, Hawaii Revised Statutes. The Driver Education Student Completion Certificate as defined in section 19-122-15…

(a) Students shall be responsible for paying all fees for rider education courses. (b) The maximum fee charged by an instructor for each student shall not exceed $200 per person for a group course, or $600 per person for an individual course, to meet the requirements of section 2…

If any section of this chapter is held invalid for any reason, the invalidity shall not affect the validity of the remaining sections of this chapter. Notes Haw. Code R. § 19-123-105 [comp 8/18/2016] (Auth: HRS §§ 286-16, 286-17, 286-18, 286-108, 286-108.4, 431:10G-104) (Imp: HRS…

(a) No person shall be certified as a rider education instructor unless the applicant satisfies the following conditions: (1) Possesses a valid driver's license recognized by the State of Hawaii with the classification and endorsements required for operation of the class and type…

All applicants for certification as instructors must satisfactorily complete courses in rider education that have been certified, or subsequently certified, by the department. The courses shall meet or exceed nationally accepted and recognized standards. The curricula for instruc…

(a) The duties and responsibilities of rider education instructors shall be as follows: (1) Conduct instruction in accordance with the requirements of this chapter; (2) Maintain records of all students taught for five years. Each record shall include: (A) Student's complete name,…