§ 286-111 Application for license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, or limited pur

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§ 286-111 Application for license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit; fees.

(a)Every application for an instruction permit, provisional license, driver's license, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall be made upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths. The examiner of drivers and officers serving under the examiner may administer the oaths without charge. Each application for an instruction permit for a category (1), (2), (3), or

(4)license shall be accompanied by a fee to be determined by the council of each county, and each application for a provisional license or driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be charged. An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or driver's license. All of the foregoing fees shall become county realizations.

(b)The director shall establish by rule a standard fee for all driver's license applicants who require verification through the federal system that their presence in the United States is authorized by federal law. The fees collected shall become state realizations and be deposited into the state highway fund. The State shall reimburse the counties all costs of verification through the federal system. The amount of reimbursement shall be determined by the director of transportation.

(c)The director of transportation shall establish a fee schedule for all commercial driver's licensing examinations. The fees collected for a commercial driver's license shall become state realizations and shall be deposited in the state highway fund. The State shall reimburse the counties all costs for administering the commercial driver's licensing program. The amount of reimbursement shall be determined by the director of transportation.

(d)Every application shall state the full name, date of birth, gender designation, occupation, veteran status if applicable (including veterans of the Korean conflict and persons who served in the armed forces of the Republic of Korea, who fought under the command of the United Nations led by the United States, during the Korean conflict and are currently United States citizens) and desired by the applicant, social security number if the applicant is eligible for a social security number, the residence address, and business address, if any, of the applicant, shall briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver, and, if so, when and in what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and if so, the date of and reason for the suspension, revocation, or refusal.

The examiner of drivers shall not require documentation for an applicant's selection of gender designation or an applicant's request for an amendment to a gender designation other than the applicant's self-certification of their chosen gender designation; provided that the examiner of drivers shall not be prohibited from requiring documentation that may incidentally show an applicant's birth sex category if the documentation is necessary to establish that the applicant is legally entitled to a license.

For purposes of this subsection, "gender designation" shall have the same meaning as in section 286-109(a).

(e)Except as provided in section 286-104.5, if the applicant is not eligible to receive a social security number, the applicant shall submit, in lieu of providing proof of social security number pursuant to subsection (d):

(1)A United States Social Security Administration letter stating that the applicant is ineligible to obtain a social security number; and

(2)Either:

(A)A government-issued photo identification document; or

(B)Other identification documents as deemed acceptable by the director.

(f)An application for a driver's license shall include the voter registration application required under section 11-15.7. [L 1937, c 234, §7; am L Sp 1941, c 6, §1; RL 1945, §7308; RL 1955, §160-38; HRS §286-111; am L 1968, c 48, §5; am L 1970, c 164, §3; gen ch 1985; am L 1990, c 342, §20; am L 1999, c 269, §2; am L 2003, c 145, §1; am L 2005, c 72, §§7, 15; am L 2010, c 38, §4 and c 85, §2; am L 2014, c 6, §2; am L 2015, c 172, §5; am L 2016, c 24, §3; am L 2019, c 148, §3; am L 2021, c 126, §5]

Attorney General Opinions

The fee applies to nonresident servicemen and is not a tax nor a license fee imposed in respect to motor vehicles or the use thereof. Att. Gen. Op. 66-29.

Nonresident serviceman with home-state license must comply with section and is not exempted therefrom by the Soldier's and Sailor's Civil Relief Act. Att. Gen. Op. 68-24.