Current through November, 2024
Section 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.Haw. Code R. § 19-122-353
[Eff and comp 5/2/08; comp 7/29/10; comp 10/14/11; comp JAN 17 2014] (Auth: §§ 286-18, 286-103, 286-107, 286-108) (Imp: §§ 286-103, 286-107, 286-108)