HAR §19-122-1. residence within the State of Hawaii

(b) The examiner of drivers may waive the motorcycle skills test if the applicant presents a "Notice of Satisfactory Course Completion". A copy is located on the DOT Motor Vehicle Safety Office web site or available upon request. (c) The examiner of drivers may require that further physical and mental examinations be conducted upon the applicant as the examiner finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. (d) Before issuing a driver's license, the examiner of drivers shall obtain the applicant's clear driving status on the Commercial Driver License Information System, the National Driver Register Problem Driver Pointer System, and other data exchange applications to determine the applicant's identity and eligibility. (e) The examiner of drivers may obtain from and provide to another state, electronic digital images and other personal information through a digital image access and exchange program (DIAEP) system regarding the holder of a driver's license in a reasonable attempt to identify driver applicants and to deter license fraud and identity theft as allowed by the Federal Driver Privacy Protection Act (DPPA) to the extent that the licensing authorities are sharing and exchanging such information to carry out their governmental functions. Any exchange of information shall be done in accordance with Part VIII of Chapter 286 of the Hawaii Revised Statutes, and any rules promulgated thereunder. (f) The information obtained from the DIAEP system will be used for the visual identification of a license applicant; facial recognition technology may be used. The information will also indicate if a license holder is deceased or an existing license is suspended or revoked. All personal information obtained from the DIAEP system shall be protected from unauthorized use and disclosure, at a minimum, as required by the DPPA and the state of record. The digital image and personal information obtained 122-7 3407. §19-122-1 through the DIAEP system shall not be kept for a period exceeding three working days; except for purposes of license fraud, identity theft investigation, and prosecution; as stated in section 19-122-1(g). (g) A digital image and personal information received from a state of record through the DIAEP system may be used for purposes of investigating and prosecuting any individual who is reasonably believed to have fraudulently attempted to obtain a license by using the personal information of another individual whose image or personal information has been received from the state of record, or who is reasonably believed to have engaged in acts or conduct of a similar nature that constitute a violation of law. Except as may be required by law, the examiner of drivers shall not permit a digital image or personal information obtained from a state of record to be accessed or used by a law enforcement agency or personnel of such agency for any other purpose. (h) An out-of-state licensee who possesses a valid license comparable to a Hawaii category 4 license and who desires a category 4 Hawaii driver's license shall comply with section 19-122-2. Out of state category 4 licenses are not transferable to Hawaii. [Eff 8/26/82; am and comp 6/15/91; am and comp 12/2/00; am and comp 11/30/02; am and comp 5/15/06; comp 5/2/08; comp 7/29/10; comp 10/14/11; am and comp 1/17/14; am and comp 11/4/16; am and comp JUL 19 2021] (Auth: HRS §§286-18, 286-104.5, 286-108, 286-111, 286-236, 286-239; 49 CFR §383.73) (Imp: HRS §§286-102, 286-104.5, 286-105, 286-108, 286-110, 286-111, 286-171, 286-172, 286-236, 286-239; 49 CFR §383.73)