STAND. COM. REP. NO. 188

Honolulu, Hawaii

, 2005

RE: H.B. No. 736

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 736 entitled:

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

begs leave to report as follows:

The purpose of this bill is conform Hawaii's commercial driver licensing law to the requirements of the federal commercial driver licensing (CDL) statutes. Among other things, this bill:

(1) Prohibits an examiner of drivers from issuing a hazardous materials endorsement for CDL drivers unless the Federal Transportation Security Administration has determined that the individual does not pose a security risk warranting the denial of the endorsement;

(2) Adds the definitions of "gross combination weight rating" and "tank vehicle" to comply with federal guidelines;

(3) Clarifies the definitions of "commercial motor vehicle", "gross vehicle weight rating", and "hazardous materials" to conform language to federal statutes;

(4) Clarifies what persons are exempt from CDL licensure requirements;

 

(5) Extends the maximum validation period for a commercial driver's instruction permit to one year and specifies that the permit may be reissued after the applicant re-qualifies for the permit;

(6) Clarifies various categories of CDLs;

(7) Adds a CDL restriction to operate in interstate commerce;

(8) Requires the examiner of drivers, in certain situations, to provide the operator of the commercial driver's license information system with various types of information;

(9) Provides that an initial or renewed CDL with a hazardous materials endorsement shall expire no later than five years after issuance;

(10) Requires the examiner of drivers, under various circumstances, to impose numerous forms and periods of disqualification from driving a commercial motor vehicle;

(11) Specifies that a 120-day disqualification from driving a commercial motor vehicle for a third conviction of a serious traffic violation within three years shall be in addition to any other previously imposed periods of disqualification;

(12) Establishes requirements for driving record information to be recorded and furnished; and

(13) Repeals the statutory provision for the issuance of a nonresident commercial driver's license.

The Department of Transportation (DOT), Department of Human Resources, and Hawaii Transportation Association testified in support of this measure. The Judiciary commented on this bill.

Your Committee finds that congressionally-mandated changes in the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) and requirements of the federal CDL statutes require that Hawaii's CDL statute be amended.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 736 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair