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Hawaii Revised Statutes

Haw. Rev. Stat. § 286-102 (2026)

  Licensing

✓ current as of July 2026
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     §286-102  Licensing.  (a)  No person, except one:

     (1)  Exempted under section 286‑105;

     (2)  Who holds an instruction permit under section 286‑110;

     (3)  Who holds a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit under section 286-104.5;

     (4)  Who holds a provisional license under section 286‑102.6;

     (5)  Who holds a commercial driver's license issued under section 286‑239; or

     (6)  Who holds a commercial driver's license instruction permit issued under section 286‑236,

shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles.

     (b)  A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers:

     (1)  Mopeds;

     (2)  Motorcycles, except for autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2, and motor scooters;

     (3)  Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, trucks and vans having a gross vehicle weight rating of eighteen thousand pounds or less, and autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2; and

     (4)  All of the motor vehicles in category (3) and any vehicle that is not a commercial motor vehicle.

     A school bus, small bus, motorcoach, or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus, small bus, motorcoach, or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181.

     (c)  No person shall receive a driver's license without surrendering to the examiner of drivers all valid driver's licenses and all valid identification cards in the person's possession.  All licenses and identification cards so surrendered shall be shredded; provided that with the exception of driver's licenses issued by any Canadian province, a foreign driver's license may be returned to the owner after being invalidated pursuant to issuance of a Hawaii license; provided further that the examiner of drivers shall notify the authority that issued the foreign license that the license has been invalidated and returned because the owner is now licensed in this State; and provided further that all commercial driver's licenses that are surrendered shall be shredded.  No person shall be permitted to hold more than one valid driver's license at any time.

     (d)  Before issuing a driver's license, the examiner of drivers shall complete a check of the applicant's driving record to determine whether the applicant is subject to any disqualification under section 286-240, or any license suspension, revocation, or cancellation, and whether the applicant has a driver's license from more than one state or jurisdiction.  The record check shall include but is not limited to the following:

     (1)  A check of the applicant's driving record as maintained by the applicant's state or jurisdiction of licensure;

     (2)  A check with the commercial driver license information system;

     (3)  A check with the National Driver Register; and

     (4)  If the driver is renewing a commercial driver's license for the first time after September 30, 2002, a request for the applicant's complete driving record from all states where the applicant was previously licensed to drive any motor vehicle over the last ten years; provided that a notation is made on the driving record confirming the check has been made and the date it was done.

     (e)  Notwithstanding sections 291E-61.6 and [291E-44.5], in addition to other qualifications and conditions by or pursuant to this part, the right of an individual to hold a motor vehicle operator's license or permit issued by the county is subject to the requirements of section 576D-13.

     Upon receipt of certification from the child support enforcement agency pursuant to section 576D-13 that an obligor or individual who owns or operates a motor vehicle is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, the examiner of drivers shall suspend the license and right to operate motor vehicles and confiscate the license of the obligor.  The examiner of drivers shall not reinstate an obligor's or individual's license until the child support enforcement agency, the office of child support hearings, or the family court issues an authorization that states the obligor or individual is in compliance with an order of support or has complied with a subpoena or warrant relating to a paternity or child support hearing.

     The licensing authority may adopt rules pursuant to chapter 91 to implement and enforce the requirements of this section. [L 1967, c 214, pt of §2; HRS §286-102; am L 1970, c 164, §1(1) and §3; am L 1971, c 127, §1; am L 1972, c 2, pt of §6; am L 1973, c 152, §1(b) and c 214, §1; am L 1974, c 80, §1; am L 1976, c 5, §1 and c 53, §1; am L 1979, c 85, §1; am L 1984, c 169, §1; gen ch 1985; am L 1989, c 320, §4; am L 1990, c 342, §18; am L 1991, c 67, §1; am L 1992, c 76, §1; am L 1997, c 54, §1 and c 293, §12; am L 1999, c 261, §2; am L 2002, c 37, §1; am L 2004, c 103, §2; am L 2005, c 72, §§2, 15; am L 2010, c 16, §1 and c 85, §2; am L 2012, c 10, §1, c 310, §7, and c 327, §5; am L 2013, c 114, §2; am L 2015, c 131, §3 and c 172, §3; am L 2018, c 191, §2; am L 2025, c 140, §2]

 

Cross References

 

  Reciprocal licensing privileges, see §286-101.5.

 

Attorney General Opinions

 

  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.

  Person already qualified for each type of vehicle in applicable category need not take additional exam for categories 8 to 10.  Renewal of category 7 license does not automatically qualify one for category 10 license.  Att. Gen. Op. 75-24.

 

Case Notes

 

  Magistrate did not improperly use prior uncounseled misdemeanor convictions in sentencing defendants for conviction of operating car without driver's license in violation of Assimilative Crimes Act.  957 F.2d 714 (1992).

  Statute applied to defendant, where defendant argued that traffic statutes involved only applied to businesses and state vehicles; statute did not violate defendant's freedom of movement.  77 H. 222 (App.), 883 P.2d 644 (1994).

  Driving without license under this section not lesser included offense of driving while license suspended under §286-132.  81 H. 76 (App.), 912 P.2d 573 (1996).

  Trial court erred when it limited the applicability of this section only to persons operating motor vehicles on public highways; section also applied to defendant who was operating a vehicle in the parking lot of a private hotel.  94 H. 354 (App.), 14 P.3d 364 (2000).

  Charges against defendant for accidents involving bodily injury and driving without a license were insufficient for failing to allege a mens rea and, therefore, were subject to dismissal without prejudice.  134 H. 465 (App.), 342 P.3d 884 (2015).

  Where exhibit, which was improperly admitted in evidence, was the only evidence offered by the State to prove the essential element that defendant did not have a valid driver's license on the date that defendant was charged with committing the driving without a license offense, there was insufficient evidence to support the conviction; conviction reversed.  134 H. 465 (App.), 342 P.3d 884 (2015).

  Where defendant was convicted of driving without a license pursuant to this section, the circuit court did not err in its interpretation of the exceptions to the prohibition against driving without a license as defined under this section and the exemptions from licensure under §286-105.  The statutory exceptions and exemptions constitute defenses to, and not essential elements of, the offense.  140 H. 242 (App.), 398 P.3d 831 (2017).

 

 

Notes of Decisions
Cited in 87 cases (30 in the last 5 years), 1978–2026 · leading case: State v. Castillon., 443 P.3d 98 (Haw. 2019).
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State v. Castillon., 443 P.3d 98 (Haw. 2019). · cites it 35× “Castillon noted that she was charged under HRS § 286-102 which provided, in relevant part, that "[n]o person, except one exempted under section 286-105 , .”
State v. Ui., 418 P.3d 628 (Haw. 2018). · cites it 18× “6 In a Summary Disposition Order (SDO), the ICA vacated Ui's conviction for driving without a license in violation of HRS § 286-102. 7 The ICA reasoned that, because HRS § 286-102 does not in itself specify a requisite state of mind with respect to the conduct it prohibits, HRS…”
State v. Kelekolio, 14 P.3d 364 (Haw. App. 2000). · cites it 68× “, Ke-lekolio was cited by a Kauai police officer for operating a motor vehicle around the parking lot of the Kauai Lagoons Hotel without a valid motor vehicle driver’s license, in violation of HRS § 286-102. The citing officer observed in his written report of the incident that…”
State v. Spillner, 173 P.3d 498 (Haw. 2007). · cites it 10× “Respondent/Plaintiff-Appellee State of Hawai`i (Respondent) candidly acknowledged at oral argument that officers typically issue citations under HRS § 286-102 for operating a vehicle without a license even if the operator has a valid license but does not have it in his physical…”
State v. Hewitt., 526 P.3d 558 (Haw. 2023). · cites it 5× “5 §286-102 Licensing. . . . . (b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers: 9 3.”
State v. Lau, 890 P.2d 291 (Haw. 1995). · cites it 6× “In addition, the State charged Lau with Driving Without License in violation of HRS § 286-102 (1985). Lau demanded a jury trial and the case was committed for trial in the First Circuit Court.”
Mikelson v. United Servs. Auto. Ass'n, 111 P.3d 601 (Haw. 2005). · cites it 4× “” Defendant argues that Plaintiff could not have reasonably believed that he was entitled to operate a motorcycle because, at the time of the accident Plaintiff was in violation of HRS §§ 286-102, 286-110(e), and 286-116 (1993 and Supp.”
State v. Rapozo, 235 P.3d 325 (Haw. 2010). · cites it 4× “Factual and Procedural Background On April 24, 2007, Rapozo was charged in an indictment with Ownership or Possession Prohibited of Any Firearm or Ammunition By a Person Convicted of Certain Crimes in *328 violation of HRS § 134-7(b) and (h) [3] (Count I), and driving without a…”
State v. Matautia, 912 P.2d 573 (Haw. App. 1996). · cites it 10× “HRS § 286-102 (1993) provides, in pertinent part: Licensing, (a) No person, except one exempted under section 286-105, .”
First Ins. v. Int'l Harvester Co., 659 P.2d 64 (Haw. 1983). · cites it 6× “Tekare was licensed a day or so before the accident on the strength of a single letter stating he had been found qualified to drive truck-trailer combinations by someone competent to examine applicants for licenses.”
State v. French, 883 P.2d 644 (Haw. App. 1994). · cites it 6× “licensed as a qualified driver[,]” in violation of HRS § 286-102 (1985) (Count IV). On February 12, 1991, Defendant filed an answer.”
State v. Hewitt., 481 P.3d 713 (Haw. App. 2021). · cites it 4× “] 2 HRS § 286-102 (Supp. 2013) provides, in relevant part: (b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286–108 and duly licensed by the examiner of drivers: .”
Show all 87 citing cases →
— Haw. Rev. Stat. § 286-102(a) — 15 cases
State v. Castillon., 443 P.3d 98 (Haw. 2019). “Castillon noted that she was charged under HRS § 286-102 which provided, in relevant part, that "[n]o person, except one exempted under section 286-105 , .”
State v. Kelekolio, 14 P.3d 364 (Haw. App. 2000). “, Ke-lekolio was cited by a Kauai police officer for operating a motor vehicle around the parking lot of the Kauai Lagoons Hotel without a valid motor vehicle driver’s license, in violation of HRS § 286-102. The citing officer observed in his written report of the incident that…”
State v. Fergerstrom, 101 P.3d 652 (Haw. App. 2004).
State v. French, 883 P.2d 644 (Haw. App. 1994). “licensed as a qualified driver[,]” in violation of HRS § 286-102 (1985) (Count IV). On February 12, 1991, Defendant filed an answer.”
State v. Aiu, 576 P.2d 1044 (Haw. 1978).
— Haw. Rev. Stat. § 286-102(b) — 12 cases
State v. Ui., 418 P.3d 628 (Haw. 2018). “6 In a Summary Disposition Order (SDO), the ICA vacated Ui's conviction for driving without a license in violation of HRS § 286-102. 7 The ICA reasoned that, because HRS § 286-102 does not in itself specify a requisite state of mind with respect to the conduct it prohibits, HRS…”
State v. Castillon., 443 P.3d 98 (Haw. 2019). “Castillon noted that she was charged under HRS § 286-102 which provided, in relevant part, that "[n]o person, except one exempted under section 286-105 , .”
State v. Hewitt., 526 P.3d 558 (Haw. 2023). “5 §286-102 Licensing. . . . . (b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers: 9 3.”
State v. Hewitt., 481 P.3d 713 (Haw. App. 2021). “] 2 HRS § 286-102 (Supp. 2013) provides, in relevant part: (b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286–108 and duly licensed by the examiner of drivers: .”
State v. Castillon, 398 P.3d 831 (Haw. App. 2017).
— Haw. Rev. Stat. § 286-102(b)(3) — 8 cases
State v. French, 883 P.2d 644 (Haw. App. 1994). “licensed as a qualified driver[,]” in violation of HRS § 286-102 (1985) (Count IV). On February 12, 1991, Defendant filed an answer.”
State v. Castillon, 398 P.3d 831 (Haw. App. 2017).
State v. Chrisman, 511 P.3d 825 (Haw. App. 2022).
State v. Nyberg (Haw. App. 2026).
State v. Torres, 466 P.3d 885 (Haw. App. 2020).
— Haw. Rev. Stat. § 286-102(b)(4) — 2 cases
State v. Castillon., 443 P.3d 98 (Haw. 2019). “Castillon noted that she was charged under HRS § 286-102 which provided, in relevant part, that "[n]o person, except one exempted under section 286-105 , .”
State v. Castillon, 398 P.3d 831 (Haw. App. 2017).
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