Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 3190 entitled:

begs leave to report as follows:

The purpose of this measure is to require the Public Utilities Commission (PUC) to revoke the certificate or permit of a motor carrier that engages the services of a driver who is not licensed as a commercial driver.

This measure also:

Testimony in support of this measure was submitted by the Public Utilities Commission and the Hawaii Transportation Authority.

Your Committee finds that the purpose of the Motor Carrier Law is to fairly regulate the highways in a manner consistent with public safety that also promotes safe, adequate, economical, and efficient motor carrier service. Your Committee further finds that although motor carriers may be conscientious in conducting checks as to the licensing of commercial driver applicants or employees, situations may occur when a motor carrier unintentionally utilizes the services of a driver who is not a validly licensed commercial driver. Your Committee determines that a motor carrier is not always aware of a revocation or suspension of a driver's commercial license and, therefore, should not be penalized for the inadvertent utilization of an unlicensed commercial driver.

However, in those situations where a motor carrier knowingly and willingly engages the services of a driver who has no commercial driver's license, or whose commercial license has been revoked or suspended, the motor carrier should be subject to the revocation of its certificate or permit. Your Committee also determines that due to the gravity of such a violation, the motor carrier shall be considered guilty of a misdemeanor and precluded from obtaining a new permit or certificate for at least five years after revocation. Additionally, your Committee believes that the PUC should be provided with any necessary assistance from the Department of Transportation for enforcement of the aforementioned regulations.

Accordingly, your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3190, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3190, S.D. 1, and be placed on the calendar for Third Reading.