Haw. Code R. § 19-122-353 - Examination of applicant or licensee
(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 operation hazardous to the public safety.
These questions must be answered by each applicant for a driver's license or
permit and by each licensee seeking renewal of a driver's license.
(b) If the answer to any such question
indicates the existence of any physical or mental condition that the examiner
of drivers determines may prevent the applicant from safely operating a motor
vehicle, the examiner of drivers may require an examination of the applicant by
a licensed physician or any other competent authority acceptable to the
examiner of drivers.
(c) If the
examiner of drivers has reasonable cause beyond self-disclosure on the
application form to believe that an applicant has a medical condition which may
prevent the applicant from safely operating a motor vehicle or which makes such
operation hazardous to public safety, the examiner of drivers may require a
completed medical report and other examinations and reports by a licensed
medical doctor or any other competent authority acceptable to the examiner of
drivers.
(d) The cost of such
examinations must be borne by the person whose fitness to operate a motor
vehicle safely is in question.
(e)
The examiner of drivers may issue a temporary permit up to one year duration,
with medical restrictions.
(f)
Pending submission of required examinations the examiner of drivers may issue a
ninety-day temporary license to a licensee. The examiner of drivers may extend
the license for an additional ninety days for good cause. In more serious
cases, such as a loss of consciousness, the examiner of drivers may suspend the
driver's license pending the outcome of the medical review. If the medical
report is received within six months from the date of the physical, mental or
visual examination, the examiner of drivers will evaluate the applicant and may
issue or deny the license, with or without restrictions and require the
surrender of the applicant's existing license or permit.
(g) The examiner of drivers may use the
results of any physical or mental examinations or reports only to determine the
physical or mental competency of the person for the purpose of revoking,
suspending, allowing a voluntary surrender and canceling, denying or issuing a
driver's license or permit. This information is privileged and may be released
only to the person examined, to the medical advisory board, to the attorney or
other authorized persons of the person examined, pursuant to a court order or
to the hearing officer upon the person's written request for a
hearing.
Notes
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