DRAFT CSC, Title 31.  Vehicles
 
CHAPTER 3
Licensing of Operators

1101.  Operator. s license required; fees/breadth of privilege granted by license.
1102.  Period before new arrivals required to have license.
1103.  Exemption; Mopeds.
1104.  Persons Ineligible for Operator's licenses.
1105.  Classes of Operator's licenses; age requirements.
1106.  Learner's Permits and Fees.
1107.  Contents of Application; licenses.
1108.  Examination of Applicants for License.
1109.  Register of Operators; Notation of Class to be included on License.
1110.  Possession of License.
1111.  Term of License.
1112.  Suspension or Revocation of License.
1113.  Driving while license Suspended or revoked.

      1101.  Operator's license required; Fees/breadth of privilege granted by license.
     No person except those expressly exempted by this Code Title shall possess the privilege to drive or operate any motor vehicle upon a highway in the State unless such person has been licensed as an operator under this Code Title.  A fee of $15.00 shall be paid to the Director of Public Safety for each license issued.  All such fees shall be deposited in the General Fund of the State of Chuuk.

Source:  CSL 3-95-18, 1 (301), modified.

      1102.  Period before new arrivals required to have license.
     A nonresident over the age of 16 sixteen years who has been duly licensed as an operator in his home state, territory or country and who has in his or her immediate possession a valid operator's license shall for 30 thirty days from the time of his entry into the State be permitted without examination to drive a motor vehicle upon the highways of the State, after which time such nonresident must have a valid operator's license in accordance with Section 301 1101 of this Chapter, except that no examination shall be required.

Source:  CSL 3-95-18, 1 (302), modified.

      1103.  Exemption; mopeds.
     An operator's license is not required of moped drivers at least 16 years or over.  All persons renting mopeds shall give their customers a road check to determine of their customers are able to safely operate a moped.

Source:  CSL 3-95-18, 1 (303).

      1104.  Persons Ineligible for Operator's licenses.
     The following persons shall not be eligible for an Operator's license:  Any person:
 
     (a) (1)  Under the age of 16 sixteen years;

     (b) (2)  Determined to be a habitual drunkard or addicted to the use of narcotic drugs;

     (c) (3)  Previously adjudged insane or an idiot, imbecile, a feebleminded individual, or an epileptic, unless such condition is controlled by medication;

     (d) (4)  Afflicted with or suffering from such physical or mental disability or disease as to prevent such person form exercising ordinary control over a motor vehicle while operating the same; or

     (e) (5)  Whose license has been suspended or revoked pursuant to any Section of this Code Title.

Source:  CSL 3-95-18, 1 (304), modified.

      1105.  Classes of Operator's licenses; Age requirements.

     (a) (1)  The following classes of operator's licenses are established.  Licenses to operate:

     (1) (a)  All two-and three-wheeled vehicles, including motorcycles, except mopeds;

     (2) (b)  All vehicles not specified elsewhere in this Subsection having a gross weight of less than 3,000 pounds;

     (3) (c)  All vehicles not specified elsewhere in this Subsection having a gross weight of 3,000 pounds or more;

     (4) (d)  All vehicles of a nature intended primarily for mercantile, industrial or construction use;

     (5) (e)  All vehicles of a capacity of eight (8) or more passengers while in use in conveying schoolchildren to and from school.

     (6) (f)  All vehicles in use as commercial, passenger- or property-carrying conveyances for hire, compensation or profit.  The Director shall assign a license number to each commercial license granted pursuant to the procedures of Subsection (b) (2) of Section 805 1355 of this Code Title.

     (b) (2)  No operator's license or learner's permit shall be issued for any class of license specified in Subsection (a) (1) of this Section unless the applicant therefor has complied with all applicable provisions of Chapter 3 three this Code Title; and

     (1) (a)  Has attained the age of :

     (a) (i)  Sixteen years, in the case of an operator's license or learner's permit issued under Paragraphs (1), (2), or (3) (a), (b), or (c) of Subsection (a) (1) of this Section; or

     (b) (ii)  Twenty-one years, in the case of an operator's license or learner's permit issued under Paragraphs (4), (5), or (6) (d), (e), (f) of Subsection (a) (1) of this Section; and

     (2) (b)  Applicants for operator's licenses or learner's permits issued under Paragraphs (4), (5), or (6) (d), (e), (f) of subsection (a) (1) of this Section, shall also be holders of an operator's license issued under Paragraphs (2) or (3) (b) or (c) of Subsection (a) (1) of this Section.

     (c) (3)  An operator's license or learner's permit issued for any class enumerated in Subsection  (a) (1) of this Section shall be valid only for the operation of vehicles in that class, except that operator's licenses or learner's permits issued under Paragraphs (2) or (3) (b) or (c) of Subsection (a) (1) shall also be valid as licenses or permits to operate vehicles in any of the preceding Paragraphs of that Subsection.

Source:  CSL 3-95-18, 1 (305), modified.

      1106.  Learner's Permits and Fees.

     (a) (1)  Upon receiving an application for a temporary learner's permit in any class from any person qualified under the provisions of Chapter 3 of this Code Title, the Director shall issue such permit after examining such person as to his or her physical and mental qualifications to operate a motor vehicle in the class applied for.

     (b) (2)  Learner's permits shall be valid for 60 sixty days from the date of issue, or until sooner canceled by law or suspended or revoked, or until the holder thereof has sooner successfully qualified for an operator's license of the same class as the learner's permit.

     (c) (3)  The holder of a learner's permit shall be permitted to operate a motor vehicle of the class for which the permit is issued when accompanied by a driver having in his or her immediate possession a license to operate vehicles of the same class, issued to him or her.

     (d) (4)  A fee of $5.00 shall be paid to the Director for each learner's permit issued.  All such fees shall be deposited in the General Fund of the State of Chuuk..

Source:  CSL 3-95-18, 1 (306), modified.

      1107.  Contents of Application; Licenses.
     Every application for an operator's license shall state the name, age, sex, and residence of the applicant and whether or not the applicant has theretofore been licensed and when and by what state, territory or country, and whether or not such license has ever been suspended or revoked and the date of and reason for suspension or revocation.

Source:  CSL 3-95-18, 1 (307).

      1108.  Examination of Applicants for License.
     Subject to the provisions of Section 302 1102 of this Code Title:

     (a) (1)  The Director or his duly authorized representative, before issuing an operator's license, shall examine each applicant for an operator's license, of any class as to his physical and mental qualifications to operate a motor vehicle in the class applied for.

     (b) (2)  The Director shall issue or cause to be issued, in a manner which is or may be provided by law, regulations consistent with the provisions of Chapter 3 of this Code Title pertaining to the minimum qualifications required under this section.

Source:  CSL 3-95-18, 1 (308), modified.

      1109.  Register of Operators; Notation of Class to be Included on License.

     (a) (1)  The Director shall file every application for an operator's license  or learner's permit and shall index the same by name, number, and class of license or permit.  He or she shall maintain suitable records of all licenses issued, all applications for licenses denied, all violations of Chapter 3 of this Code Title, and all suspensions or revocations of licenses or permits under the provisions of this Code Title.

     (b) (2)  The Director shall note or cause to be noted on each operator's license or learner's permit the class of the said license or permit.

Source:  CSL 3-95-18, 1 (309), modified.

      1110.  Possession of License.
     Every person licensed as an operator shall have such license, or learner's permit in the case of a person holding such a permit, in his or her immediate possession at all times when driving a motor vehicle.

Source:  CSL 3-95-18, 1 (310).

      1111.  Term of License.
     Every operator's license issued shall be valid for three years from the date of issue unless suspended or revoked as provided in this Code Title.

Source:  CSL 3-95-18, 1 (311), modified.

      1112.  Suspension or Revocation of License.
     The Court in which a case is prosecuted may, in its discretion, suspend or revoke the license of any person convicted of any criminal offense involving the operation of a motor vehicle by such person.

Source:  CSL 3-95-18, 1 (312).

      1113.  Driving While license suspended or revoked.

     (a) (1)  Any person whose operator's license has been suspended or revoked under any Section of this Code Title, and who drives any motor vehicles upon the highways of the State while such license is suspended or revoked, shall be guilty of a misdemeanor.

     (b) (2)  Any person convicted under this Section 313(a) shall have his or her operating privilege revoked for an additional one (1) year, said year to be computed consecutively upon the period of original suspension or revocation.

Source:  CSL 3-95-18, 1 (313), modified.