Report Title:

Commercial Driver's License; Penalties; Violations; Motor Vehicles

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 any amount of 0.04 per cent or more.

THE SENATE	S.B. NO.	1056
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COMMERCIAL DRIVERS.

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 286-242, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Notwithstanding any other provision of this chapter, a person may not drive a commercial motor vehicle while having any alcohol in that person's body.  Any person convicted under or found in violation of this subsection shall be fined not more than $200."

     2.  By amending subsection (c) to read:

     "(c)  It is unlawful for any person who has 0.04 per cent or more, by weight, of alcohol in the person's blood to drive a "commercial motor vehicle", as defined in section 286-2.  [Any person who violates this provision shall be subject to the penalties as provided in section 286-249.] Any person convicted under or found in violation of this subsection shall be fined not more than $500."

     SECTION 5.  Section 286-249, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  A driver who is convicted of violating an out-of-service order shall be fined not less than $1,100 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] under subsection (a)(1) and section 286-240(g) and (h)."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

INTRODUCED BY:

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