§286 - 105 What persons are exempt from license.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§286 - 105 What persons are exempt from license . The following persons are exempt from license:

(1)Any person while driving or operating a motor vehicle in the service or employ of any branch or agency of the federal government; provided that the person has received a license or permit from the branch or agency to operate and drive the motor vehicle; provided further that the branch or agency has been duly authorized by the federal government to issue the license or permit;

(2)Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway, or tractor trucks, forklifts, and top picks being used as marine terminal equipment temporarily moving in or between terminals at:

(A)Sand Island and along Sand Island Parkway and Sand Island Access Road;

(B)Kalanianaole Avenue between Kuhio Street and Kahanu Street, abutting Hilo Harbor;

(C)Kawaihae-Mahukona Road abutting Kawaihae Harbor;

(D)East Kaahumanu Avenue between Hobron Avenue and Kane Street, abutting Kahului Harbor; and

(E)Waipaa Road abutting Nawiliwili Harbor;

provided that no person under the age of thirteen years shall be permitted to drive or operate any such road machine, farm tractor, implement of husbandry, on a highway, or tractor trucks, forklifts, and top picks being used as marine terminal equipment temporarily moving in or between terminals identified in subparagraphs

(A)through (E);

(3)Any person who is at least eighteen years of age and who has in the person's possession a valid driver's license to drive the categories of motor vehicles listed in section 286-102(b), except section 286-102(b)(4), that is equivalent to a driver's license issued in this State but was issued to the person in another state of the United States, the Commonwealth of Puerto Rico, United States Virgin Islands, American Samoa, Guam, a province of the Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for that category of motor vehicle that the person is operating;

(4)Any person who has in the person's possession a valid commercial motor vehicle driver's license issued by any state of the United States, Mexico, or a province of the Dominion of Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses; and

(5)Any person who drives or operates state or county motor vehicles while employed by, in the service of, or volunteering for the state or county fire departments; provided that they are trained and certified to drive category

(4)motor vehicles as set forth in section 286-102(b)(4) by the state or county government, as appropriate; provided further that the person maintains a category

(3)license as set forth in section 286-102(b)(3). [L 1937, c 234, §3; RL 1945, §7303; am L Sp 1949, c 19, §3; RL 1955, §160-33; am L 1957, c 82, §1 and c 159, §1; am L 1967, c 214, §7; HRS §286-105; am L 1970, c 164, §3; am L 1971, c 127, §2; am L 1972, c 2, pt of §6; am L 1976, c 5, §2; am L 1979, c 108, §1; gen ch 1985; am L 1986, c 224, §2; am L 1989, c 320, §5; am L 1990, c 11, §1 and c 342, §19; am L 1993, c 268, §1; am L 1997, c 73, §1; am L 2017, c 115, §3; am L 2019, c 220, §3]

Case Notes

Where defendant was convicted of driving without a license pursuant to §286-102, the circuit court did not err in its interpretation of the exceptions to the prohibition against driving without a license as defined under §286-102 and the exemptions from licensure under this section. The statutory exceptions and exemptions constitute defenses to, and not essential elements of, the offense. 140 H. 242 (App.), 398 P.3d 831 (2017).