§286-104  Which persons shall not be licensed.  The examiner of drivers shall not issue any license to any person:

     (1)  Whose license has been suspended by a court of competent jurisdiction during the suspension period, nor to any person whose license has been revoked until the expiration of one year after the date of the revocation, or until the expiration of the period of revocation specified by law, whichever is greater, except as provided under sections 286-102.6(d) and 286-102.6(e) for suspensions and revocations of a provisional license; nor to any person who, while unlicensed, has within two years been convicted of operating a vehicle under the influence of an intoxicant or, prior to January 1, 2002, of driving under the influence of alcohol or drugs;

     (2)  Who is required by this part to take an examination, unless the person has successfully passed the examination;

     (3)  Who is required under the motor vehicle financial responsibility laws of this State to deposit proof of financial responsibility and who has not deposited the proof;

     (4)  Who the examiner of drivers has good cause to believe would not be able to operate a motor vehicle with safety upon the highways by reason of physical or mental disability;

     (5)  Who is under eighteen years of age; provided that a person:

          (A)  Who is fifteen years and six months of age may be granted an instruction permit;

          (B)  Who is at least sixteen and less than eighteen years of age may be granted a provisional license upon satisfying the requirements of section 286-102.6;

          (C)  Who is at least seventeen and less than eighteen years of age may be granted a license upon satisfying the requirements of section 286-102.6, which license may be suspended or revoked by a judge having jurisdiction over the holder of the license.  Upon revocation of the license, the person shall not be eligible to operate a motor vehicle on the highway until the person is eighteen years of age and has again satisfied the requirements of sections 286-108 and 286-109; or

          (D)  Who is an emancipated minor may be granted a license upon satisfaction of all requirements of this chapter applicable to persons eighteen years of age or older;

     (6)  Who is not in compliance with section 286-102.5; or

     (7)  Who does not submit proof, satisfactory to the director, that the applicant's presence in the United States is authorized by federal law.  The director shall adopt rules in accordance with chapter 91 that provide for standards of proof and for exemptions from this requirement.

     Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129. [L 1937, c 234, §4; am L 1943, c 121, §1; RL 1945, §7304; am L 1947, c 38, §1; RL 1955, §160-34; am L 1967, c 214, §8; HRS §286-104; am L 1970, c 164, §3 and c 188, §39; am L 1980, c 54, §1; am L 1985, c 258, §2; gen ch 1985; am L 1990, c 34, §15; am L 1996, c 36, §1; am L 1997, c 153, §1 and c 330, §2; am L 1999, c 175, §1; am L 2001, c 86, §3 and c 157, §6; am L 2002, c 16, §13; am L 2005, c 72, §§3, 15; am L 2010, c 38, §1 and c 85, §2]

Cross References

  Development of medical evaluation system and criteria, see §286-4.1(b).

  Statewide driver education program and behind-the-wheel driver training program; rules, see §286-108.4.