YSC, Title 25.  Motor Vehicles & Highways
 
 
 
Chapter 3:  Licensing of Operators

301.   License required; fees; breadth of privilege granted by license.
302.   Exemptions; period before new arrivals required to have license.
303.   Ineligible persons for licenses.
304.   Classes of licenses; age requirements.
305.   Learner's permits and fees.
306.   Contents of application; licenses.
307.   Examination of applicants for licenses.
308.   Register of operator; notation of class to be included on license.
309.   Possession of license.
310.   Term of license.
311.   Suspension or revocation of license.
312.   Driving while license suspended or revoked.

     301.  License required; fees; breadth of privilege granted by license.
     No person except those expressly exempted in Division 1 of this title shall drive any motor vehicle upon a highway in the State unless such person has been licensed as an operator under Division 1 of this title.  A fee of $10.00 shall be paid to the Chief of Police for each such license issued.  All such fees shall be deposited in the General Fund of the State of Yap.

Source:  YSL 1-93 12, modified.

Commission Comment:  The "General Fund of the Legislature" is changed to the "General Fund of the State of Yap" pursuant to section 1211 of Title 13 (Taxation and Finance) of this Code.  Section 1211 of Title 13 establishes the General Fund of the State of Yap as the successor fund to, and replacement for, the General Fund of the Legislature.

     302.  Exemptions; period before new arrivals required to have license.
     Every person in the military service of the United States, when furnished with an official driver. s permit and when operating a motor vehicle, shall be exempt from license under Division 1 of this title.  A nonresident over the age of 16 years who has been duly licensed as an operator in his home state, territory or country and who has in his immediate possession a valid operator's license shall for 30 days from the time of his entry into the State be permitted without examination under Division 1 of this title 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 of this chapter except that no examination shall be required.

Source:  YSL 1-93 13, as amended by YSL 1-112 3, modified.

Cross-reference:  The statutory provisions of the State Administrative Procedure Act are found in chapter 1 of Title 10 of this Code.  Section 301 of this chapter is on license required, fees, and the breadth of privilege granted by license.

      303.  Ineligible persons for licenses.
     An operator's license shall not be issued to any person:

     (a)  Under the age of sixteen years;

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

     (c)  Previously adjudged insane or an idiot, imbecile, epileptic or feebleminded; or

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

     (e)  Whose license has been suspended or revoked by a court of competent jurisdiction during the suspension or revocation period; or

     (f)  Who, while unlicensed, has within two years been convicted of driving under the influence of intoxicating liquor or any narcotic drug pursuant to section 704 of this title.

Source:  YSL 1-93 14, as amended by YSL 1-112 4 and YSL 2-82 1, modified.

     304.  Classes of licenses; age requirements.

     (a)  The following classes of operator's licenses are established:

     (1)  All motorcycles, motor scooters, motor bikes;

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

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

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

     (5)  All vehicles of capacity of ten or more passengers while in use in conveying school children to and from school;

     (6)  All vehicles in use as passenger-carrying conveyance for hire.

     (b)  No operator's license or learner's permit shall issued for any class of license specified in subsection (a) of this section unless the applicant therefor shall have complied with all applicable provisions of Division 1 of this title; and

     (1)  Shall have attained the age of:

     (A)  Sixteen years, in the case of an operator's license or learner's permit issued under paragraphs (1), (2), (3), or (4) of subsection (a) of this section; or

     (B)  Twenty-one years, in the case of operator's license or learner's permit issued under paragraphs (5) or (6) of subsection (a) of this section;

     (2)  Applicants for operator's licenses or learner's permits issued under paragraphs (4), (5), or (6) of subsection (a) of this section, shall also be the holder of an operator's license issued under paragraph (3) of subsection (a) of this section; and

     (3)  No operator's license or learner's permit shall be issued under paragraph (5) or (6) of subsection (a) of this section to any applicant who has within two years been convicted of driving under the influence of intoxicating liquor or narcotic drug pursuant to section 704 of this title or of homicide by vehicle pursuant to section 702 of this title.

     (c)  An operator's license or learner's permit issued for any class enumerated in subsection (a) 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) thereof shall also be valid as licenses or permits to operate vehicles in any of the preceding paragraphs of that subsection.

Source:  YSL 1-93 15, as amended by YSL 1-112 5 and YSL 2-82 2, modified.

     305.   Learner's permits and fees.

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

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

     (d)  A fee of $5.00 shall be paid to the Chief of Police for each permit issued.  All such fees shall be deposited in the General Fund of the State of Yap.

Source:  YSL 1-93 16, modified.

Commission Comment:  The "General Fund of the Legislature" is changed to the "General Fund of the State of Yap" pursuant to section 1211 of Title 13 (Taxation and Finance) of this Code.  Section 1211 of Title 13 establishes the General Fund of the State of Yap as the successor fund to, and replacement for, the General Fund of the Legislature.

     306.  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 heretofore been licensed and when and by what state, and whether or not such license has ever been suspended or revoked and the date of and reason for suspension or revocation.

Source:  YSL 1-93 17.

     307.  Examination of applicants for licenses.

     (a)  The Chief of Police 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)  The Chief of Police shall issue or cause to be issued, in the manner which is or may be provided by law, regulations consistent with the provisions of Division 1 of this title pertaining to the nature of qualifications required under this section.

Source:  YSL 1-93 18, modified.

     308.  Register of operator; notation of class to be included on license.

     (a)  The Chief of Police 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 shall maintain suitable records of all licenses issued, all applications for licenses denied, all violations of Division 1 of this title, and all suspensions or revocations of licenses or permits under the provisions of Division 1 of this title.

     (b)  The Chief of Police 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:  YSL 1-93 19, as amended by YSL 1-112 6, modified.

     309.  Possession of license.
     Every person licensed as an operator shall have such license in his immediate possession at all times when driving a motor vehicle.

Source:  YSL 1-93 20.

     310.  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 Division 1 of this title.

Source:  YSL 1-93 21, modified.

     311.  Suspension or revocation of license.
 
     (a)  The court in which the 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.

     (b)  The court shall revoke the license for a period of one year of any driver who has been convicted of homicide by vehicle pursuant to section 702 of this title.

     (c)  The court shall revoke the license of any driver who has been convicted of driving under the influence of intoxicating liquor or narcotic drug, or a combination thereof, pursuant to section 704 of this title as follows:

     (1)  For a first conviction, the court shall revoke the license for a period of three months;

     (2)  For a second conviction as provided in subsection (b) of section 704 of this title, the court shall revoke the license for a period of one year;

     (3)  For a conviction within five years after two violations as provided in subsection (c), and for a conviction as provided in subsections (e) or (f) of section 704 of this title, the court shall revoke the license for a period of not less than two years; and

     (4)  For a conviction within five years of three or more violations as provided in subsection (d) of section 704 of this Title, the court shall revoke the license for a period of not less than five years.

     (d)  In addition to the revocation of license as provided in subsection (c) of this section, the court in which the case is prosecuted shall require any person convicted pursuant to section 704 of this title to attend or participate in any one or more rehabilitation programs including, but not limited to, a treatment program for persons who are habitual users of alcohol or other alcoholism program, a program designed to offer alcohol service to problem drinkers, an alcohol or drug education program, or a treatment program for persons who are habitual users of drugs or other drug-related program.  The length of time for attendance or participation in any one or more of these programs by the convicted person shall be determined by the court.

Source:  YSL 1-93 22, as amended by YSL 2-82 3 and YSL 3-79 1, modified.

Cross-reference:  The statutory provisions on the Judiciary are found in Title 4 of this Code.

     312.  Driving while license suspended or revoked.
     Any person whose operator's license has been suspended or revoked 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.

Source:  YSL 1-93 23.
                                                                                                                                                                                                                                                                                                           
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