NOTICE OF PUBLIC HEARINGS
Pursuant to Chapter 91, Hawaii Revised Statutes, notice is hereby given that the State of Hawaii, Department of Transportation (DOT) Highways Division, will hold public hearings relating to proposed amendments to Hawaii Administrative Rules, Chapter 19-122, entitled "Rules Relating to the Examination of Applicants for Issuance and Renewal of Motor Vehicle Driver’s Licenses and Permits" and 19-149, entitled "State Civil Identification." The amendments to both rules are intended to improve the issuance process and comply with new laws.
The significant proposed amendments to 19-122 include:
§19-122(a)(2):Wave the knowledge test for driver license applicants who are at least eighteen years of age and licensed (including provisional licenses) in any other state of the United States and some territories, or licensed in any jurisdiction the director has granted reciprocal licensing privileges.
§19-122-1(h) Clarify that a category 4 driver’s license is not a commercial driver’s license and cannot be transferred to Hawaii. Only categories 1, 2 3, and commercial driver’s licenses may be transferred.
§19-122-3(3) Clarify that Commercial Learner’s Permit (CLP) and Class 4 permit applicants must be at least 18 years of age.
§19 122 3(5): Remove the requirement for applicants to provide a photo. Applicant photos are captured at the station.
§19 122 3(6)(A): Remove diabetes medical waivers for class 4 and CDL applicants. The medical examiners now make the decision whether a diabetic driver meets the physical qualifications for driving a commercial motor vehicle.
§19 122 4: Add a new kind of permit: temporary limited purpose CLP.
§19 122 7.1 & §19 122 10(a) & (b): Add language to clarify that a class 3 license is required to operate autocycles as required by Act 191, SLH 2018.
§19 122 10(e)(1): Change the "Z" restriction to "L", which more accurately represents the restriction for no air brakes.
§19 122 13(1) & §19 122 14(a)(1): Add the exclusion of autocycles when taking the motorcycle off-street skills test. Autocycles as stipulated in Act 191, SLH 2018, require a class 3 skills test.
§19 122 13(2): Remove the reference to Exhibit D which shows the Motorcycle Safety Foundation (MSF) skill test. The test is patented by MSF and MSF does not want it made available to the public.
§19 122 17(a)(1): Remove the reference to a vehicle inspection test found in Exhibits E and F and instead references the vehicle inspection test found in the latest copy of the CDL manual found on the DOT MVSO website. This is in respect of the MSF copyright.
§19 122 17(a)(2)(D): Remove the reference to exact dimensions used for the offset backing demonstration and keep the setup of the lanes general, to respect the AAMVA copyright.
§19 122 17(b) and (c): Remove subsections which reference a specific version of the scoring form, in respect of the AAMVA copyright.
§19 122 17(d): Clarify that the restriction addressed is for air brakes.
§19 122 17(e): Clarify the type of passenger vehicle that requires a CDL passenger endorsement.
§19 122 23(d)(3): Change the word "sex" to "gender" to be consistent with other gender references in the rules.
§19 122 26 & 27: Remove the entire section dealing with intrastate medical waiver to reflect FMCSA Final Rule 49 CFR Part 391when licensing an applicant with diabetes mellites.
§19 122 29(2): Add Transportation Workers Identification Credential (TWIC) to the list of acceptable documents to prove citizenship when applying for a Hazmat endorsement.
§19 122 302(b)(1)(I): Clarify that if a learner’s permit is submitted to establish identity, it must be plastic and not temporary (paper).
§19 122 302(b)(1)(J): Remove the requirement to submit a gender designation form, when requesting a gender change on a state credential.
§19 122 302(b)(2): Allow the DD Form 214 document to be used to show date of birth for 1935 or earlier. Use of this document for this purpose was confirmed by the Office of Veteran Affairs.
§19 122 302(b)(3)(A): Allow for the exclusion of special characters in the name on a Social Security card when matching legal name with other REAL ID documents.
§19 122 302(b)(3)(C), (D), (E), and (F): Add additional optional documents to prove an applicant’s social security number.
§19 122 302(b)(4): Provide for a formal principal address document exception process as required by REAL ID Final Rule for homeless and inmate applicants, allowing for the name on other documents to not exactly match the legal name document.
§19 122 302(b)(4)(B): When proving principal residence, a current vehicle registration is required.
§19 122 302(b)(4)(E): Clarify that multiple accounts at the same financial entity count only as one principal residence proof.
§19 122 302(b)(4)(H): Require a current rental or lease agreement to show principal residence.
§19 122 306(f)(4): Add a pay stub with the applicant’s name and social security number on it as a means of proving social security number.
§19 122 312(c): Clarify that renewals and duplicates may be obtained by mail, provided that eligibility criteria required by the DHS REAL ID Final Rule are met. RID compliant cards may be renewed by mail, provided all RID required documents have been submitted and applicant’s picture was taken at a licensing station no less frequently than every sixteen years or at the time of application prior to when the sixteenth-year falls within the term of the renewal credential.
§19 122 312(d): Duplicate licenses may be obtained by mail. Lawful status applicants shall include proof of lawful status as stated in section 19-122-305 and any other documents that may be required by the examiner of drivers.
§19 122 312(e): Add a new subsection to indicate that the duplicate license will be sent to the mailing address on record and any change to the mailing address requires the submittal of documentation.
§19 122 312(g): Disallow issuing of a duplicate if past payments are owed.
§19 122 351: Revise the definition for "Medical report" to clarify that the examiner of drivers receives the report. Also remove the reference to a specific version of the report and reference the latest version on the DOT website to expedite future HAR maintenance.
§19 122 353(e): Clarify that a temporary permit may be restricted for medical reasons.
§19 122 353(f): Provide authority to the examiner of drivers to suspend a license when there is a serious medical condition that requires additional evaluation.
§19 122 360(a): Specify that it takes three medical advisory board members to make a quorum to hold the board meeting.
§19 122 360(e): Specify that less than 10 cases allows the board the option to cancel the monthly meeting.
The balance of the changes is considered insignificant housekeeping changes.
The primary purpose of the amendments to 19-149 is to implement Act 148, SLH 2019, which allows applicants to select a non-specified sex option. The proposed amendments are also intended to make the rules conform to federal regulations and other state laws.
The significant proposed amendments are as follows:
§19-149-2: Correct the definition of "covered employee" by deleting a reference to "driver’s license" and inserting "state civil identification card".
Delete the definition of "domicile," because it is not needed in these rules.
Amend the definition of Examiner of Drivers to explicitly include duties relative to issuing state ID cards.
Add definitions for "Material change," "Personally identifiable information" and "Primary Care Provider," because these terms are used in the rules but not currently defined.
§19-149-3: Amend subsection (a) to allow an out-of-office venue for homebound applicants or applicants with a disability that presents a serious burden for an in-person application.
§19-149-3(1): Amend by changing the word "sex" to "gender" to conform to Act 148, SLH 2019, which allows applicants a third gender option – not specified.
§19-149-3(2): Amend by deleting language relating to verifying documents only for US citizens and that citizenship will be noted on the credential. These statements are not accurate, because all documents are verified, and the citizenship is not noted on the credential.
§19-149-3(2)(A): Amend by changing "identity" to "legal name," because the legal name is used when establishing identity.
§19-149-3(2)(A)(xi): Amend by removing the requirement to complete a gender designation form. Act 148, SLH 2019 prohibits the use of such a form.
§19-149-3(2)(B): Amend by allowing a U.S. Department of Defense DD Form 214 to be accepted for birth dates in 1935 or earlier. This will aid elderly people without a birth certificate.
§19-149-3 (C)(ii): Amend by noting some SSA anomalies regarding the spelling of names. This will help eliminate confusion when customers are being processed.
§19-149-7(6): Amend by allowing a homeless or inmate applicant to submit only one document as evidence of principal residence, rather than two documents required of other applicants.
§19-149-8(e)(4): Add this subsection to provide an additional means to show proof of social security number. This will help people who do not have a social security card at the time they are making application for a state ID.
§19-149-8(f)(1)(D) and (E): Delete as exceptions for documents to show proof of legal name and date of birth. The common access card in (D) is being deleted, because it was not listed in the Department of Homeland Security final Real ID rule. The objective is to have the state rules reflect the federal rules. Requiring a state ID card to be issued after January 2013 is no longer necessary, so it should be deleted.
§19-149-12(d): Delete because temporary cards do not get renewed; the person simply applies for a new card.
§19-149-17(a): Add to accommodate applicants with temporary lawful status. They must appear before the examiner of drivers and submit proof of legal presence when applying for a renewal or duplicate REAL ID card.
§19-149-17(b): Amend to clarify that a person applying for a duplicate or renewal ID card with a material change, must apply in person. The subsection also provides an exception for an out-of-office venue for persons who are homebound or have difficulty travelling due to illness.
§19-149-17(c): Add this so it is possible for a person to apply for a duplicate card remotely, provided there is no material change.
§19-149-18: Change the title so obtaining a renewal or duplicate can be done remotely, by postal service or on-line applications.
§19-149-18(a): Amend to allow remote renewals and duplicates, provided all required documents were submitted previously in person. Applicant must appear for a new photograph and other needed items within a 16-year period.
§19-149-18(b): Amend by changing the words "by mail" to "remotely" and reiterate that a material change or change in citizenship requires an appearance at a station.
§19-149-18(c): Amended to allow applications to be submitted by mail or electronic methods, if available and provide for various ways of making payment. Also, applicants seeking to update their photo, must appear in person at a station.
§19-149-18(d): Amend to allow homebound or severely handicapped applicants a way to renew their credentials remotely.
§19-149-18(d)(3): Amend by deleting authority of a caregiver to take fingerprints and photographs for an application for a disabled person and giving the examiner of driver’s authority to determine whether a disability qualifies as a serious burden. It also lays out procedures for capturing photos and fingerprints for out-of-office processing.
§19-149-18(d)(4): Amend to delete the requirement for an applicant to submit two self-digital images and insert authority for the examiner of drivers to obtain required documents via an out-of-office venue.
§19-149-18(d)(5) Add to allow for an out-of-office photograph of a disabled applicant to be arranged
§19-149-20(4): Delete, because due to a change in federal law, individuals covered under the Compact of Free Association are not processed in a unique manner and therefore do not need to be mentioned.
§19-149-22 (a): Add the words "to the applicant" to clarify that the license is to be given only to the person named on the license.
§19-149-22(b): Amend to clarify the processing procedures when issuing a license over the counter after it was unable to be delivered by mail.
The public hearings will be held via the Internet using Microsoft Teams on Wednesday, February 3, 2021 from 9:00 to 11:00 AM. The call-in phone number is 1-808-829-4853, Conference ID: 726 061 343#. The Microsoft Teams meeting link is available at web site: https://hidot.hawaii.gov/highways/home/doing-business/hawaii-administrative-rules/. A copy of the proposed rules can be viewed or downloaded free at this site. A paper copy may be obtained by mailing a request and a money order for $4.75 to the DOT address shown below. Checks should be made out to Hawaii Department of Transportation.
Interested persons are invited to present their views on the proposed rules at the public hearing or by mail, email or fax. Written comments will be accepted through Wednesday, February 10, 2021 at the following address:
Hawaii Department of Transportation
Motor Vehicle Safety Office, Room 511
98-339 Pohohana Place
Aiea, HI 96701
Testimony may be submitted by Fax at 808-587-6303 or email at DriverRecords.firstname.lastname@example.org.
Persons with disabilities requiring special assistance should call 808-692-7655 at least two weeks before the hearing.
Jade T. Butay
Director of Transportation
(SA, TGI, HTH, WHT 1308605 12/27/20)