SB1047 HD1

THE SENATE	S.B. NO.	1047
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
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. 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 nineteen 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; and

(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 2. 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 nineteen 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 3. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2012.