Report Title:
Commercial Driver's License; Penalties; Violations; Motor Vehicle
Description:
Conforms penalty for violating an out-of-service order to federal regulation; provides penalty for operating a commercial motor vehicle with an alcohol concentration of an amount of 0.04 percent or more and imposes a penalty for operating a commercial motor vehicle with any amount of alcohol concentration.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1162 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PENALTIES FOR COMMERCIAL DRIVER'S LICENSE VIOLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-234, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Any employer who is convicted of a
violation of subsection (b)(3) shall be subject to a fine of not less than
$2,750 nor more than [$11,000.] $25,000."
SECTION 2. Section 286-235, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) No person shall drive a commercial
motor vehicle while the person's driver's license or permit is suspended,
revoked, or canceled, or while subject to a disqualification[, or in
violation of an out-of-service order].
(c) [Any person who holds a category (4),
(5), (6), (7), (8), (9), or (10) license that is valid on March 31, 1991, may
continue to drive with that license until that person's next birthday, at which
time the person shall be permitted to continue to drive only if the person
obtains either a commercial driver's license or a reclassified category (4)
license under section 286-102(b).] No person shall drive a commercial
motor vehicle in violation of an out-of-service order."
SECTION 3. Section 286-241.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The examiner of drivers may suspend,
revoke, [or] cancel, or disqualify any commercial driver's
license or permit without a hearing when the examiner of drivers has probable
cause to believe that the licensee is disqualified under section 286-240[(c)
through (h)]."
SECTION 4. Section 286-249, Hawaii Revised Statutes, is amended to read as follows:
"§286-249 Penalty. (a) Any person who drives a commercial motor vehicle in the State without a valid commercial driver's license or permit, or while the person's driving privileges are suspended, revoked, or canceled, or while disqualified from driving a commercial motor vehicle, shall be:
(1) Disqualified from driving a commercial motor vehicle for a period of not less than one year and up to life;
(2) Fined not less than $500 but not more than $1,000; and
(3) Imprisoned not more than one year;
provided that the court shall have discretion to impose either a fine or imprisonment, or both.
(b) A driver who is convicted of violating an
out-of-service order shall be fined not less than [$1,100] $2,500
nor more than [$2,750] $4,000 for a first conviction and not less
than $5,000 nor more than $7,500 for a second or subsequent conviction, in
addition to the driving disqualification of subsection (a)(1) and section
286-240(g) and (h).
(c) Any person convicted under or found in violation of section 286-242(a) shall be fined not more than $200.
(d) Any person convicted under or found in violation of section 286-242(c) shall be fined not more than $500."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |