Haw. Code R. § 19-122-1 - Issuance of Hawaii driver's license
(a) No Hawaii
driver's license shall be issued unless the applicant:
(1) Presents a valid instruction or
commercial learner's permit (CLP) for the appropriate category, passes a
practical test or tests for the appropriate category of motor vehicle,
surrenders all driver's licenses in the applicant's possession, and if under
the age of eighteen, meets all the requirements in section
19-139-3;
(2) Possesses a valid license comparable to a
category 1, 2, 3 Hawaii driver's license, or provisional license and:
(A) Passes the vision test described in
section
19-122-356;
(B) Passes the knowledge test described in
section
19-122-10 for the appropriate category. The knowledge test may be waived for any person
at least eighteen years of age licensed in any other state of the United
States, District of Columbia, Puerto Rico, American Samoa, Guam, a province of
the Dominion of Canada, or Commonwealth of the Northern Mariana Islands,
completed the same requirements for a provisional license from another state,
or at least eighteen years of age licensed in any jurisdiction for which the
director has granted reciprocal licensing privileges;
(C) Presents proof of name and date of
birth;
(D) Presents the applicant's
social security card unless the examiner of drivers receives verification from
the United States Social Security Administration stating the applicant is
ineligible for a social security number or the applicant refuses or is unable
to provide a social security number. For social security purposes a middle name
(and suffix) are not considered a part of the legal name and can be
abbreviated, omitted or misspelled. The first and last names may exclude
special characters, such as a hyphen, apostrophe or okina. If an applicant
refuses or is unable to provide a social security number, the applicant will be
eligible for issuance of a limited purpose driver's license or limited purpose
provisional driver's license upon meeting all other applicable requirements for
issuance provided in this section;
(E) Passes a practical test or tests for the
appropriate category of motor vehicle if the licensee:
(i) Is under eighteen years of age; or
(ii) Is at least eighteen years of
age and required by the examiner of drivers to demonstrate driving ability;
and
(F) Presents all
out-of-state licenses, one of which shall cover the category for which the
applicant is applying; or
(3) Possesses a valid commercial driver's
license and:
(A) Passes the vision test
described in section
19-122-356;
(B) Passes the hazardous materials test
described in section
19-122-10 to retain a hazardous materials endorsement;
(C) Presents proof of name and date of
birth;
(D) Presents social security
card;
(E) Is at least twenty-one
years of age;
(F) Presents all
out-of-state licenses, one of which shall cover the category for which the
applicant is applying; and
(G)
Presents any two of the documents listed in section
19-122-302(2)(D)
that contain the applicant's name and the address of applicant's principal
residence within the State of Hawaii.
(b) The examiner of drivers may waive the
motorcycle skills test if the applicant presents a "Notice of Satisfactory
Course Completion". A copy is located on the DOT Motor Vehicle Safety Office
web site or available upon request.
(c) The examiner of drivers may require that
further physical and mental examinations be conducted upon the applicant as the
examiner finds necessary to determine the applicant's fitness to operate a
motor vehicle safely upon the highways.
(d) Before issuing a driver's license, the
examiner of drivers shall obtain the applicant's clear driving status on the
Commercial Driver License Information System, the National Driver Register
Problem Driver Pointer System, and other data exchange applications to
determine the applicant's identity and eligibility.
(e) The examiner of drivers may obtain from
and provide to another state, electronic digital images and other personal
information through a digital image access and exchange program (DIAEP) system
regarding the holder of a driver's license in a reasonable attempt to identify
driver applicants and to deter license fraud and identity theft as allowed by
the Federal Driver Privacy Protection Act (DPPA) to the extent that the
licensing authorities are sharing and exchanging such information to carry out
their governmental functions. Any exchange of information shall be done in
accordance with Part VIII of Chapter 286 of the Hawaii Revised Statutes, and
any rules promulgated there under.
(f) The information obtained from the DIAEP
system will be used for the visual identification of a license applicant;
facial recognition technology may be used. The information will also indicate
if a license holder is deceased or an existing license is suspended or revoked.
All personal information obtained from the DIAEP system shall be protected from
unauthorized use and disclosure, at a minimum, as required by the DPPA and the
state of record. The digital image and personal information obtained through
the DIAEP system shall not be kept for a period exceeding three working days;
except for purposes of license fraud, identity theft investigation, and
prosecution; as stated in section 19-122-1(g).
(g) A digital image and personal information
received from a state of record through the DIAEP system may be used for
purposes of investigating and prosecuting any individual who is reasonably
believed to have fraudulently attempted to obtain a license by using the
personal information of another individual whose image or personal information
has been received from the state of record, or who is reasonably believed to
have engaged in acts or conduct of a similar nature that constitute a violation
of law. Except as may be required by law, the examiner of drivers shall not
permit a digital image or personal information obtained from a state of record
to be accessed or used by a law enforcement agency or personnel of such agency
for any other purpose.
(h) An
out-of-state licensee who possesses a valid license comparable to a Hawaii
category 4 license and who desires a category 4 Hawaii driver's license shall
comply with section
19-122-2.
Out of state category 4 licenses are not transferable to Hawaii.
Notes
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