Question: I was at the Kaimuki municipal parking lot about 12:15 p.m. July 20 when I witnessed an elderly, physically disabled driver attempting to pull into a vacant stall. He clearly was having trouble driving, taking more than a minute to inch the car 10 feet forward. If not for a good Samaritan, his car would have hit the adjacent car. Even with assistance, it took him another two minutes to park. He clearly did not possess the physical and cognitive skills to drive. I fear for his safety and the safety of others. Can police or the city intervene with this driver or family members?
Answer: Anyone seeing someone driving “in a hazardous manner that could endanger themselves or others” should call 911 immediately, said Maj. Kurt Kendro, commander of the Honolulu Police Department’s Traffic Division.
Officers do not have the authority to immediately revoke someone’s driver’s license, but they can document the incident with a police report, he said. “These reports may be used by the Driver’s License Section to suspend or revoke a driver’s license.”
Section 286-119 of the Hawaii Revised Statutes allows “the Examiner of Drivers” to suspend any license without a hearing if there is “reasonable cause to believe that the licensee is incompetent” to drive or “is afflicted with mental or physical infirmities or disabilities” affecting driving abilities.
Once the license is suspended, the licensee has to be immediately notified and granted a hearing. The examiner then can either rescind the suspension, continue it or revoke the license. The licensee can file an appeal.
The vehicle in question is registered to a “qualified female disabled person,” said Dennis Kamimura, administrator of the city Motor Vehicle & Licensing Division.
Asked whether HPD could question her about the male driver, “We can ask,” Kendro said, but added that if she refuses to cooperate, nothing can be done because no crime was committed.
“Even if a crime was committed, if the questioning is accusatory in nature, constitutional rights come into play even with the registered owner,” he said. “This is why it is important to call 911 at the time the incident is occurring.”
Officers would have to witness any violation to issue a citation.
Kamimura said HPD does send reports to the motor vehicle office if officers observe someone like this not driving safely. Similarly, physicians also will send letters.
“Based upon the HPD report or physician’s letter, we may notify the individual to report to the Examiner of Drivers for an interview,” he said.
Based on the interview, the licensee could be required to provide a medical report for review and recommendation by the state Medical Advisory Board as a condition of keeping the license.
Similarly, if the licensee doesn’t report for the interview, the examiner may send a certified letter temporarily suspending the person’s license pending submission of a medical report, Kamimura said.
Families who have concerns about a family member’s driving should consult with their physician about writing a letter to the Examiner of Drivers, he said.
Question: I thought I read that the Legislature was going to pass a law to eliminate ethanol-added gasoline. Was the law passed? Ethanol causes problems in my lawn equipment, is expensive, gets lousy mileage and has less power.
Answer: The law requiring 10 percent ethanol in gasoline is still in effect.
A bill proposing to repeal it never made it out of committee at the last legislative session: www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=715.
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