In the interest of the safety and welfare of the traveling public and the highway safety act, a driver’s license may be restricted in the manner set forth in this chapter. (Ord. 1464 § 1 (part), 1985: prior code § 10-5.2(a))

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms and words are defined as follows:

A. “Examiner of drivers” means the person or representative designated by the chief executive of the County to administer and supervise the driver licensing functions of the County of Maui.

B. “Director” means the director of transportation of the State of Hawaii.

C. “Highway safety act” means chapter 286 of the Hawaii Revised Statutes.

D. “Party” means each person named or admitted as a party in the hearing under these rules.

E. “Person” includes individuals, partnerships, corporations, associations, or public or private organizations of any character. (Ord. 1464 § 1 (part), 1985: prior code § 10-5.1)

Examinations shall be conducted as required by the director. (Ord. 1464 § 1 (part), 1985: prior code § 10-5.2(b))

Subsequent to completion of the examinations required by the director, the examiner shall explain to the applicant the reasons for any restrictions. The following indicate some of the restrictions which may be required for various deficiencies:

1. Pedal extensions: special manual brakes; power brakes; special clutch or accelerator controls;

2. Special seat adjustments; cushions placed appropriately;

3. Special knob on steering wheel; mechanical arm signaling device; gear lever on steering column; automatic transmission;

4. Two outside mirrors, one on the right and one on the left, and a full-size inside mirror.

B. Any restrictions and the reasons therefor shall be entered on the application for State of Hawaii motor vehicle driver’s license and the restrictions shall be noted on the license according to the following codes:

A--Glasses

B--Outside Mirror

C--Automatic Transmission

D--Daylight Hours Only

E--Full Hand Equipment

F--Mechanical Signals

G--Not in use

H--Not in use

I--Hearing Aid

J--Power Brakes

K--Power Steering

L--Steering Knob

M--Cushion

N--Annual Eye or Physical Examination

O--Any other restrictions determined necessary by examiner of drivers

(Ord. 1464 § 1 (part), 1985: prior code § 10-5.2(c))

A. Right of Licensee to a Hearing. When the examiner of drivers suspends a license under section 286-119 of the Hawaii Revised Statutes, the examiner of drivers shall immediately notify the licensee and afford him a hearing.

B. Notice to the Licensee. The examiner of drivers shall place the matter on his agenda, and in conformity with the provisions of chapter 91 of the Hawaii Revised Statutes, as amended, notify the licensee immediately after suspension of a license under section 286-119 of the Hawaii Revised Statutes.

C. Hearing. At such hearing, the examiner of drivers shall afford the licensee an opportunity to be heard. Such hearing shall be conducted in conformity with the applicable provisions of such chapter 91.

D. Consultation by Examiner of Drivers Prohibited. The examiner of drivers shall not consult any person on any issue of fact, except upon notice and opportunity for all parties to participate.

E. Decision and Order. The examiner of drivers may rescind the suspension, suspend the license for a further period, or revoke the license. Each decision and order adverse to the licensee shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceedings has filed proposed findings of fact, the examiner of drivers shall incorporate in his decision a ruling upon each proposed findings presented. Parties to the proceeding shall be notified by delivery or mailing of a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party or to his attorney of record.

F. Rehearing. The examiner of drivers may rehear any decision adverse to the licensee. The licensee may apply in writing for a rehearing setting forth:

1. His name, mailing address, and telephone number;

2. The particular sections of the statutes and rules involved;

3. All pertinent facts;

4. The action of the examiner of drivers; and

5. The reasons for the rehearing.

The examiner of drivers may either grant or deny the rehearing. (Ord. 1464 § 1 (part), 1985: prior code § 10-5.3)