Section 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.[Eff 8/26/82; am and comp 6/15/91; am and comp 12/2/00; am and comp 11/30/02; am and comp 5/15/06; comp 5/2/08; comp 7/29/10; comp 10/14/11; am and comp JAN 1 7 2014 ] (Auth: HRS §§ 286-18, 286-108, 286-111, 286-236, 286-239, 49 CFR §383.73) (Imp: HRS §§ 286-102, 286-105, 286-108, 286-111, 286-171, 286-172, 286-236, 286-239, 49 CFR §383.73) [Am and Comp 11/4/2016] (Auth: HRS § 286-104.5) (Imp: HRS § 286-104.5)