Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Transportation and Public Safety and Military Affairs, to which was referred H.B. No. 2158 entitled:

beg leave to report as follows:

The purpose of this bill is to exempt law enforcement officials who operate rescue vehicles from the commercial driver licensing requirements.

The Department of Transportation testified in support of the intent of the bill, and the Police Department of the City and County of Honolulu testified in support of the bill.

Your Committee finds that the Federal Motor Carrier Safety Administration regulations permit a state to exempt individuals "who operate commercial motor vehicles that are necessary to the preservation of life and property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation" (49 C.F.R §383.3).

Your Committee further finds that law enforcement officers who operate these vehicles are properly trained to operate the vehicles in a safe and careful manner. However, the frequent job transfers and promotional opportunities experienced by law enforcement officers make it cumbersome and difficult for these officers to also continually satisfy the commercial driver licensing provisions. Accordingly, your Committee finds it is in the public interest, safety, and welfare to provide an exemption from these provisions for otherwise properly trained law enforcement officers.

Your Committee has amended the bill by: changing the term "rescue vehicles" to "authorized emergency vehicles"; and clarifying the term's meaning.

As affirmed by the records of votes of the members of your Committees on Transportation and Public Safety and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2158, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2158, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.