§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).
Notes of Decisions
Cited in
20
cases (
5 in the last 5 years), 1994–2023 · leading case:
State v. Castillon., 443 P.3d 98 (Haw. 2019).
State v. Castillon., 443 P.3d 98 (Haw. 2019).
· cites it 25× “Rather, she argued the State bore the burden to prove that she did not possess a valid driver's license in Canada or Mexico and noted that, while HRS § 286-102(a) requires all persons in the State of Hawai'i to be "appropriately examined and duly licensed as a qualified driver"…”
State v. Castillon, 398 P.3d 831 (Haw. App. 2017).
· cites it 9× “One of the statutory exceptions to the DWOL offense is for people exempted from licencing requirements under HRS § 286-105 (2007). HRS § 286-105 provides as follows: The following persons are exempt from license: (1) Any person while driving or operating a motor vehicle in the…”
State v. Domut., 457 P.3d 822 (Haw. 2020).
· cites it 4× “First, he contends the ICA erred because the State of Hawai‘i (“State”) failed to prove beyond a reasonable doubt that Domut was not in constructive possession of a license from Mexico or Canada, which would have exempted him from licensing requirements pursuant to HRS § 286-105…”
State v. Spillner, 173 P.3d 498 (Haw. 2007).
· cites it 2× “6, one who holds a commercial driver's license issued under section 286-239, or one 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…”
State v. French, 883 P.2d 644 (Haw. App. 1994).
· cites it 3× “Defendant does not claim, nor do we find that he has established the necessary facts, to be exempt under HRS § 286-105 (Supp.1992). 9 . The United States Supreme Court has not considered the issue of whether there is a right to intrastate travel.”
State v. Fergerstrom, 101 P.3d 652 (Haw. App. 2004).
“Hawaii Revised Statutes (HRS) § 286-102(a) (1993) states as follows: Licensing, (a) No person, except one exempted under section 286-105, one who holds an instruction permit under section 286-110, one who holds a commercial driver's license issued under section 286-239, or a…”
State v. West, 18 P.3d 884 (Haw. 2001).
“HRS § 286-102 reads, in relevant part: (a) No person, except one exempted under section 286-105, one who holds an instruction permit under section 286-110, one who holds a commercial driver’s license issued under section 286-239, or a commercial driver’s license instruction…”
State v. Brown, 37 P.3d 572 (Haw. App. 2001).
“2000) provides, in relevant part: Licensing, (a) No person, except one exempted under section 286-105, one who holds an instruction permit under section 286-110, one who holds a commercial driver’s license issued under section 286-239, or a commercial driver's license…”
State v. Kelekolio, 14 P.3d 364 (Haw. App. 2000).
“HRS § 286-102, the statute at issue in this case, states, in relevant part, as follows: Licensing, (a) No person, except one exempted under section 286-105, one who holds an instruction permit under section 286-110, one who holds a commercial driver’s license issued under…”
State v. Kekuewa, 163 P.3d 1148 (Haw. 2007).
· cites it 2× “(a) No person, except one exempted under section 286-105, one who holds an instruction permit under section 286-110, one who holds a commercial driver's license issued under section 286-239, or a commercial driver's license instruction permit issued under section 286-236, shall…”
State v. Matautia, 912 P.2d 573 (Haw. App. 1996).
“HRS § 286-102 (1993) provides, in pertinent part: Licensing, (a) No person, except one exempted under section 286-105, ... shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of…”
State v. Sardinha., 526 P.3d 281 (Haw. 2023).
“inha for (1) driving a motor vehicle without a valid driver’s license, in violation of Hawaiʻi Revised Statutes (HRS) § 286-102;2 (2) driving a motor vehicle while his license was revoked, in violation of HRS § 286-132;3 (3) inattention to driving, in violation of HRS § 291-12;4…”
— Haw. Rev. Stat. § 286-105(3) — 3 cases
State v. Castillon., 443 P.3d 98 (Haw. 2019).
“Rather, she argued the State bore the burden to prove that she did not possess a valid driver's license in Canada or Mexico and noted that, while HRS § 286-102(a) requires all persons in the State of Hawai'i to be "appropriately examined and duly licensed as a qualified driver"…”
State v. Castillon, 398 P.3d 831 (Haw. App. 2017).
“One of the statutory exceptions to the DWOL offense is for people exempted from licencing requirements under HRS § 286-105 (2007). HRS § 286-105 provides as follows: The following persons are exempt from license: (1) Any person while driving or operating a motor vehicle in the…”
— Haw. Rev. Stat. § 286-105(4) — 1 case
State v. Castillon, 398 P.3d 831 (Haw. App. 2017).
“One of the statutory exceptions to the DWOL offense is for people exempted from licencing requirements under HRS § 286-105 (2007). HRS § 286-105 provides as follows: The following persons are exempt from license: (1) Any person while driving or operating a motor vehicle in the…”
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