CONFERENCE COMMITTEE REP. NO. 95-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2995

S.D. 2

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2995, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL DRIVER LICENSING,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to improve commercial motor vehicle safety by adopting the congressionally mandated changes of the Motor Carrier Safety Improvement Act of 1999.

The revisions adopted by the United States Congress, as contained in this measure, are designed to ensure that only safe drivers can drive commercial motor vehicles. The primary purpose of those changes is to reduce the number of truck-related crashes by suspending or disqualifying more commercial vehicle drivers for violation of new disqualifying offenses or commission of serious traffic violations.

Your Committee on Conference has amended this measure by:

(1) Defining "imminent hazard" and "noncommercial motor vehicle" and clarifying the definition of "serious traffic violation" in section 286-231, Hawaii Revised Statutes (HRS);

(2) Clarifying the prerequisites for the issuance of a commercial driver's license;

(3) Deleting "murder" from the motor vehicle fatalities disqualifying one from driving a commercial motor vehicle;

(4) Making the proper citation to the Code of Federal Regulations;

(5) Requiring the notification within ten days to the licensing authority of the state of suspension, revocation, or canceling of a nonresident commercial driver's license or permit;

(6) Changing the term "driver's driving record" to "driver's record";

(7) Requiring the Judiciary and the Examiner of Drivers to make available information to the users to the greatest extent possible, and within ten days of receiving information of conviction, disqualification, or violation of law;

(8) Making the measure effective on September 20, 2005, and making sections 1 and 5 and the amendment to section 286-239(c), HRS, effective on October 18, 2004; and

(9) Making technical, nonsubstantive changes for the purposes of clarity and style.

The amendments to this measure were recommended by mutual agreement between the Department of Transportation and the Examiner of Licenses of the City and County of Honolulu.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2995, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2995, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

ERIC G. HAMAKAWA, Co-Chair

____________________________

CAL KAWAMOTO, Chair

____________________________

DWIGHT Y. TAKAMINE, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair