STAND. COM. REP. NO. 39

Honolulu, Hawaii

RE:    S.B. No. 979

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Transportation, International and Intergovernmental Affairs, to which was referred S.B. No. 979 entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL DRIVERS,"

begs leave to report as follows:

     The purpose of this measure is to prohibit a court from granting a restricted license to a commercial driver if the commercial driver is convicted of operating a vehicle under the influence of an intoxicant.

     In addition, the measure specifically limits the court's authority to grant a restricted license to a person convicted of operating a vehicle under the influence of an intoxicant, to only category (1), (2), and (3) licenses.

     Your Committee received testimony in support of this measure from the Department of Transportation.

     Your Committee finds that this measure is required to conform to federal regulations relating to commercial driver licenses.  Under current law, the court may order license restriction on a driver of any category of motor vehicle.  This measure clarifies that only non-commercial driver licenses are subject to license restriction to allow the driver to continue to drive for limited purposes.  Therefore, commercial drivers are not eligible for the issuance of a restricted license by a court.

     The intent of this measure is to disallow an unsafe commercial driver to continue to pose a risk to motorists and other roadway users.

     Your Committee has amended this measure by making technical, nonsubstantive amendments.

     As affirmed by the record of votes of the members of your Committee on Transportation, International and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 979, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 979, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

Respectfully submitted on behalf of the members of the Committee on Transportation, International and Intergovernmental Affairs,

____________________________

J. KALANI ENGLISH, Chair