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. 84 entitled:

begs leave to report as follows:

The purpose of this bill is to address the current shortage of commercial drivers within the state of Hawaii by allowing drivers who are 18 years-of-age or older to qualify for a commercial drivers' license (CDL) to transport intrastate commerce.

The Hawaii Transportation Association testified in support of this bill. The Department of Transportation (DOT) testified in opposition to this measure.

Hawaii, like the rest of the nation, faces a shortage of commercial drivers. With increased economic activity resulting in increased freight volume and increased tourism in Hawaii, the situation is expected to worsen. Allowing individuals who are 18 years-of-age or older to qualify for a CDL, with certain restrictions, is an attempt to deal with the present, and expected increase in, the need for professional drivers.

Your Committee understands the safety concerns raised by DOT regarding the age of CDL drivers and the maturity level needed to operate a commercial vehicle, especially larger trailer-type vehicles, and recognizes that current federal regulations require CDL drivers to be at least 21 years of age. Your Committee notes that these regulations currently apply to interstate commerce.

Although legal concerns were also raised regarding federal jurisdiction over the transport of intrastate commerce by persons under the age of 21 and whether this bill will be in conflict with federal regulations, these matters are beyond the purview of your Committee on Transportation and are better reserved for the Committee on Judiciary.

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. 84 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.