Report Title:

Transportation; Commercial Drivers Licensing; Age Requirement

Description:

Permits drivers who are at least eighteen years of age to drive commercially.

THE SENATE	S.B. NO.	1047
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HIGHWAY SAFETY.

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

     SECTION 1.  Section 286-2, 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 that originates and terminates within the State.

"Intrastate driver" means a driver, not less than eighteen years of age, engaged in intrastate commerce, except in the transportation of passengers in a school vehicle, as defined in section 286-181, or in the transportation of hazardous materials, as defined in section 286-2."

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§286-   Commercial drivers under the age of twenty-one. (a)  A person is qualified to drive commercially in the State in intrastate commerce if the person:

(1) Is at least eighteen years of age;

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

(3) Only operates a type 3 vehicle as defined in section 286-102(b)(3);

(4) Does not transport hazardous materials as defined in section 286-2, nor passengers in a school vehicle as defined in section 286-181; and

(5) Has had a type 3 state driver's license for the two years immediately preceding driving commercially under this section, with the following conditions:

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

(B) Has not had any conviction for:

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

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

(iii) Making improper or erratic traffic lane changes;

(iv) Following the vehicle ahead too closely; or

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

     SECTION 3.  New statutory material is underscored.   SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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