Report Title:
Intrastate Commercial Drivers; Qualifications for Drivers
Description:
Allows drivers 18 years of age or older to qualify for intrastate commerce.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
84 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to commercial drivers' licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-231, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Intrastate commerce" means trade, traffic, or transportation between two places in the state, which originates and terminates within the state.
"Intrastate driver" means a driver not less than eighteen
years of age, engaged in intrastate commerce."
SECTION 2. Section 286-236, Hawaii Revised Statutes, is amended to read as follows:
"§286-236 Commercial driver's license qualification standards.
(a) No person shall be issued a commercial driver's license
unless that person meets the qualification standards of 49 Code of Federal Regulations, Part 391, [Subparts B and E,] Subpart B, except 391.11(b)(1) in the case of an intrastate driver involved in intrastate commerce in the State, and Subpart E, has passed a
knowledge and driving skills test for driving a commercial motor
vehicle which complies with minimum federal standards
established by federal regulation enumerated in 49 Code of
Federal Regulations, Part 383, Subparts G and H, is domiciled in
this State as defined in 49 Code of Federal Regulations Part
383.5, and has satisfied all other requirements of the
Commercial Motor Vehicle Safety Act (CMVSA) of 1986 (Title XII,
Public Law 99-570) in addition to other requirements imposed by
state law or federal regulation. The tests shall be prescribed
by the director and administered by the respective county
examiner of drivers. A person who is not physically qualified
to drive under 49 Code of Federal Regulations Section
391.41(b)(1), (2), or (3) and who is otherwise qualified to
drive a motor vehicle may be granted an intrastate waiver by the
director. The process for granting intrastate waivers shall be
the same as that for interstate waivers in 49 Code of Federal
Regulations, Part 391.49, except that the intrastate waiver
requests shall be submitted to the director; provided that the
director shall adopt rules under chapter 91 to establish a
screening process, including approval by a licensed physician,
for granting an intrastate waiver to persons who are not
physically qualified under 49 Code of Federal Regulations
Section 391.41(b)(3).
(b) Pursuant to chapter 91, the director may authorize a third party examiner to administer the driving skills test specified in this section, provided:
(1) The test is the same as that administered by the respective county examiners of drivers; and
(2) The third party examiner has entered into an agreement with the State which complies with requirements of 49 Code of Federal Regulations, Section 383.75.
(c) The examiner of drivers may waive the driving skills test specified in this section for a commercial driver's license applicant who meets the requirements of 49 Code of Federal Regulations Section 383.77 or 383.123(b).
(d) A commercial driver's license or commercial driver's instruction permit, including a provisional or temporary license or permit, shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked, or canceled in any state; or while the person holds a driver's license issued by any other state unless the person first surrenders that license.
(e) A commercial driver's instruction permit may be issued to an individual who holds a valid driver's license, meets the qualification standards of 49 Code of Federal Regulations, Part 391, [Subparts B and E,] Subpart B, except 391.11(b)(1), in the case of an intrastate driver involved in intrastate commerce in the State, and Subpart E, and has passed the written tests required for the desired class of a commercial driver's license.
(f) The commercial driver's instruction permit shall not be valid for a period in excess of six months. When driving a commercial motor vehicle, the holder of a commercial driver's instruction permit shall be accompanied by a person licensed to operate that category of commercial motor vehicle. The licensed person shall occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
(g) The examiner of drivers may waive the knowledge and skills tests specified in this section for any person who is at least twenty-one years of age and who possesses a valid commercial driver’s license issued by any state of the United States or a province of Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial driver’s licenses. To retain a hazardous materials endorsement, the applicant shall pass the knowledge test for a hazardous materials endorsement.
(h) An intrastate driver with a commercial driver's license or permit, who is less than twenty-one years of age, shall not transport:
(1) Hazardous materials as defined in section 286-2; or
(2) Passengers in a school vehicle as defined in section 286-181."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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