Haw. Code R. § 19-122-308

Current through November, 2024
Section 19-122-308 - Temporary driver's license or temporary instruction permit
(a) The examiner of drivers may issue a temporary driver's license or a temporary instruction permit under the following conditions:
(1) Whenever the person is applying for a new or renewed driver's license;
(2) If, due to circumstances beyond the applicant's control, the applicant's documents or information relating to identity (including social security number), and lawful status have not yet been verified;
(3) In the event of a non-match or non-response from SAVE, or a questionable status, and the examiner of drivers is unable to resolve the issue through the exceptions process indicated under section 19-122-306;
(4) In the event of a non-match or non-response from SSOLV, or a questionable status, and the examiner of drivers is unable to resolve the issue through the exceptions process indicated under section 19-122-306;
(5) Whenever the examiner of drivers has reasonable cause to believe that the applicant may be a victim of an image conflict, fraud, or where a discrepancy may exist in the applicant's information when the examiner of drivers attempts to verify the accuracy of the applicant's records with the issuing agency.
(b) The examiner of drivers shall not issue a temporary instruction permit or temporary driver's license under the following conditions:
(1) Whenever the applicant's driving privilege or driver's license or instruction permit is cancelled, suspended, invalid, revoked, forfeited, or subject to any similar action within this State or any other state, dominion or country;
(2) Whenever the examiner of drivers, after completing the verification process which includes SAVE and SSOLV or other DHS-approved means, is unable to verify the applicant's documents or evidence of lawful status in the United States. For applicants seeking a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit, or seeking a temporary limited purpose driver's license, temporary limited purpose provisional driver's license, or temporary limited purpose instruction permit, the requirements of this paragraph do not apply;
(3) Whenever the applicant does not hold a Hawaii issued driver's license or instruction permit and is not a temporary or permanent lawful resident;
(4) Whenever the applicant holds a commercial driver's license or commercial learner's permit, unless the driver is qualified for a CDL but needs to wait for central issuance to produce and deliver the CDL;
(5) Whenever the examiner of drivers has been notified that the applicant failed to comply with the provisions as set forth in section 286-109, HRS; or
(6) Whenever the examiner of drivers is notified that the applicant is subject to the provisions of chapter 286C, HRS.
(c) The temporary driver's license or temporary instruction or commercial learner's permit shall:
(1) Be clearly marked on the face of the permit with the following text: "STATE OF HAWAII This is a temporary instruction or commercial learner's permit or temporary driver's license";
(2) Be printed on paper format with security features as determined by the examiners of drivers of the four counties and shall be consistent statewide;
(3) Be valid for:
(A) A period of no greater than sixty days or no longer than the expiration date of lawful status in the United States, whichever is less; or
(B) A period of no greater than sixty days if the evidence of lawful status has no expiration date.
(d) Renewal of the temporary driver's license or temporary instruction or commercial learner's permit shall be subject to the following:
(1) A temporary driver's license or temporary instruction or commercial learner's permit may be renewed once, provided that the examiner of drivers:
(A) Verifies the renewal applicant's social security number and lawful status through SSOLV and SAVE, or through other DHS-approved means; and
(B) Verifies electronically any information that was not verified at the previous issuance.
(2) A temporary driver's license or temporary instruction or commercial learner's permit shall not be renewed by mail.
(3) All material changes must be established through the applicant's presentation of an original or certified copy of the source document and must be verified by the examiner of drivers by electronic, manual or other means.
(e) Notwithstanding the requirements of subsections (a) through (d), for applicants seeking a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit, the applicant will not be required to provide a social security number or proof of lawful status in the United States.

Haw. Code R. § 19-122-308

[Eff and comp 10/14/11; am and comp JAN 17 2014] (Auth: HRS §§ 286-18, 286-104) (Imp: HRS §§ 286-104, 286-106)
[Am and Comp 11/4/2016] (Auth: HRS §§ 286-104.5, 286-106, 286-108, 286-236, 286-238, 286-239; 49 CFR § 383.73) (Imp: HRS §§ 286-18, 286-104.5, 286-108, 286-236, 286-238, 286-239; 49 CFR § 383.73)
Comp 7/19/2021