Report Title:

Intrastate Commercial Drivers; Qualifications for Drivers

 

 

Description:

Allows drivers 18 years of age or older to qualify for a commercial driver's license for intrastate commerce.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

894

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to commercial drivers' licenses.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part XIII to be appropriately designated and to read as follows:

     "§286-      Commercial drivers under the age of twenty-one.  (a)  A person who is at least eighteen years of age but under the age of twenty-one may be granted a commercial driver's license to drive a commercial motor vehicle in the state of Hawaii in intrastate commerce if the person:

     (1)  Is in compliance with 49 Code of Federal Regulations, Part 390 to Part 396, Subpart B, except Section 391.11(b)(1) in the case of an intrastate driver involved in intrastate commerce in the state;

     (2)  Does not transport hazardous materials as defined under section 286-2;

(3)  Does not transport passengers in a school bus as defined under section 286-231; and

(4)  Maintained a driver's license for vehicles designated in section 286-102(b)(3) for the two years immediately preceding driving commercially under this section; provided that the person:

          (A)  Has not had the license suspended, revoked, or canceled; or

(B)  Has not been convicted of:

              (i)  Speeding excessively involving any speed of fifteen miles per hour or more above the posted speed limit;

              (ii) Driving recklessly, as defined by state or local law, ordinance, or regulation, including but not limited to offenses of driving a motor vehicle in wilful or wanton disregard for the safety of persons or property;

             (iii) Making improper or erratic traffic lane changes;

              (iv) Following a vehicle too closely; or

 (v) Violating state or local law relating to motor vehicle traffic control arising in connection with a fatal accident.

     (b)  Notwithstanding the definition in section 286-2, for purposes of this section, "commercial motor vehicle" is limited to vehicles designated in section 286-102(b)(3).

     SECTION 2.  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 and meeting the requirements under section 286-   ."

SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________