§286-102.6  Provisional license for

persons under the age of eighteen.  (a)  A person may be granted a

provisional license to drive passenger cars of any gross vehicle weight rating,

buses designed to transport fifteen or fewer occupants, and trucks and vans

having a gross vehicle weight rating of fifteen thousand pounds or less if the

person:

     (1)  Is at least sixteen years of age but under the

age of eighteen;

     (2)  Holds an instruction permit and has held the

permit for a period of at least one hundred eighty days and there is no pending

proceeding that might result in the suspension or revocation of the instruction

permit; and

     (3)  Satisfactorily completes all requirements of

sections 286-108 and 286-109.

     (b)  The provisional license shall entitle the

provisional licensee to drive the class of motor vehicles specified in

subsection (a) upon the roadways of the State; provided that:

     (1)  The provisional licensee shall have the

provisional license in the provisional licensee's immediate possession while

driving;

     (2)  All occupants of the motor vehicle shall be

restrained by safety belts or a child passenger restraint system as required

under sections 291-11.5 and 291-11.6;

     (3)  The provisional licensee shall not transport more

than one person under the age of eighteen, unless the person is, with respect

to the provisional licensee:

         (A)  A household member; or

         (B)  A household member's foster or hanai

child,

          without being accompanied and supervised

by a licensed driver who is the provisional licensee's parent or guardian; and

     (4)  Except as provided in subsection (c),

whenever the provisional licensee is driving between the hours of 11:00 p.m.

and 5:00 a.m., a licensed driver who is the provisional licensee's parent or

guardian and is licensed to operate the same category of motor vehicle as the

licensee, shall be in the motor vehicle and shall occupy the passenger seat

beside the licensee.

     (c)  A provisional licensee may drive between

the hours of 11:00 p.m. and 5:00 a.m. without a licensed parent or guardian in

the motor vehicle under the following conditions: 

     (1)  The provisional licensee is traveling to or from

the provisional licensee's place of employment, operation of the motor vehicle

is necessary for this purpose, and the provisional licensee keeps in the

provisional licensee's possession a signed statement from the employer

containing the employer's name, address, telephone number, and verification of

employment and work hours; or

     (2)  The provisional licensee is traveling to or from

a school-authorized activity of the provisional licensee, operation of a motor

vehicle is necessary for this purpose, and the provisional licensee keeps in

the provisional licensee's possession a signed statement from a parent or

guardian containing the parent's or guardian's name, address, and telephone

number, and verification that operation of the motor vehicle by the provisional

licensee is necessary to travel to or from the school-authorized activity;

provided that the provisional licensee shall not

transport more than one person under the age of eighteen between the hours of

11:00 p.m. and 5:00 a.m. without being accompanied and supervised by a licensed

driver who is the provisional licensee's parent or guardian.

     (d)  If the provisional licensee violates any

of the requirements of subsection (b) or (c):

     (1)  For a first violation of any requirement, the

provisional license shall be suspended for a period of three months by a

district court or family court judge.  If the person's provisional license is

suspended, the person shall not be eligible for reissuance of the provisional

license or issuance of a driver's license until:

         (A)  The person is eighteen years of age; or

         (B)  Three months have elapsed since the date

of suspension,

          whichever is sooner, and the person has otherwise

satisfied the requirements of this chapter; and

     (2)  For a second or any subsequent violation of any

requirement, the provisional license shall be revoked for six months by a

district court or family court judge.  If the person's provisional license is

revoked, the person shall not be eligible for reissuance of the provisional

license or issuance of a driver's license until:

         (A)  The person is eighteen years of age; or

         (B)  Six months have elapsed since the date of

revocation,

          whichever is sooner, and the person has otherwise

satisfied the requirements of this chapter.

Suspension or revocation of a provisional license

pursuant to this subsection shall be exempt from proof of financial

responsibility requirements under section 287-20.

     (e)  If the provisional licensee is adjudicated

of an offense relating to the operation of a motor vehicle other than the

requirements of subsection (b) or (c):

     (1)  For a first adjudication, the provisional license

shall be suspended or revoked by a district court or family court judge, in

addition to any other penalties that may be prescribed by law.  If the person's

provisional license is suspended or revoked, the person shall not be eligible

for reissuance of the provisional license or issuance of a driver's license

until:

         (A)  The person is eighteen years of age; or

         (B)  Six months have elapsed since the date of

suspension or revocation,

          whichever is sooner, and the person has otherwise

satisfied the requirements of this chapter; and

     (2)  For a second or any subsequent adjudication, the

provisional license shall be revoked for one year by a district court or family

court judge, in addition to any other penalties that may be prescribed by law. 

If the person's provisional license is revoked, the person shall not be

eligible for reissuance of the provisional license or issuance of a driver's

license until:

         (A)  The person is eighteen years of age; or

         (B)  One year has elapsed since the date of

revocation,

          whichever is later, and the person has otherwise

satisfied the requirements of this chapter.

     (f)  A provisional licensee may be issued a

driver's license in accordance with this chapter if the provisional licensee:

     (1)  Has satisfactorily held a provisional license for

at least six months or has attained the age of eighteen, whichever comes first;

     (2)  Has no pending proceeding that might result in

the suspension or revocation of the license;

     (3)  Is at least seventeen years of age; and

     (4)  Has satisfactorily complied with all requirements

of this chapter.

     (g)  If not suspended or revoked, the

provisional license shall expire on the date of the provisional licensee's

nineteenth birthday.

     (h)  The fee for a provisional license shall be

set in accordance with section 286‑111.

     (i)  This section shall not apply to the

licensing of:

     (1)  An emancipated minor; and

     (2)  Motorcycle or motor scooter drivers.

     (j)  For the purposes of this section,

"household member" shall have the same meaning as defined in section

291E-1.

     (k)  Notwithstanding any other provisions, for

the purposes of this section, the district court and family court shall notify

the driver's license examiner of all persons under the age of eighteen who have

pending violations or proceedings that might result in the suspension or

revocation of the provisional license, and any pending adjudication of an

offense relating to the operation of a motor vehicle. [L 2005, c 72, §15; am L

2006, c 105, §1; am L 2007, c 74, §1; am L 2010, c 85, §§1, 2]