§286
-245 Driving record information to be furnished. [Section effective until September 29, 2005. For section effective September 30, 2005, see below.] Notwithstanding any other provision of law to the contrary, the state judiciary or the city and county of Honolulu shall furnish full information regarding the driving record of any person:(1) To the driver's license administrator of any other state, Mexico, or province or territory of Canada, requesting that information; and
(2) To the person's employer or prospective employer. [L 1989, c 320, pt of §2; am L 1990, c 342, §15; am L 1993, c 268, §8; am L 1995, c 114, §8]
§286-245 Driving record information to be furnished. [Section effective September 30, 2005. For section effective until September 29, 2005, see above.] (a) All convictions, disqualifications, and other licensing actions for violations of any state or county law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle by a holder of a commercial driver's license shall be recorded and maintained as part of the driver's record.
(b) All convictions, disqualifications, and other licensing actions for violations of any state or county law relating to motor vehicle traffic control, other than a parking violation, committed while the driver was operating a commercial motor vehicle and was required to have a commercial driver's license shall be recorded and maintained as part of the driver's record.
(c) No commercial driver's license driver's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law, except a parking violation, shall be expunged or subject to deferred imposition of judgment, nor shall an individual be allowed to enter into a diversion program that would prevent the conviction from appearing on the driver's driving record, whether the driver was convicted for an offense committed in this State or another state.
(d) The state judiciary and the examiner of drivers shall make available information from any driver's record required by this section to the greatest extent possible, to the users designated in subsection (f), or their authorized agent, within ten days of:
(1) Receiving the conviction or disqualification information from another state; or
(2) Receiving the conviction for a violation occurring in this State.
(e) All convictions, disqualifications, and other licensing actions for violations shall be retained on each driver's record for at least three years or longer as required under Title 49 Code of Federal Regulations Section 384.231(d).
(f) Only the following users or their authorized agents may obtain a driver's record:
(1) States may receive all information regarding any driver's record;
(2) The Secretary of Transportation may receive all information regarding any driver's record;
(3) A driver may receive only information related to that driver's record; and
(4) A motor carrier or prospective motor carrier may receive all information regarding a driver's history record, or the driver's driving record of a prospective driver; provided that the request is made by the driver. [L 1989, c 320, pt of §2; am L 1990, c 342, §15; am L 1993, c 268, §8; am L 1995, c 114, §8; am L 2004, c 103, §11]