HOUSE OF REPRESENTATIVES	H.B. NO.	1062
THIRTY-FIRST LEGISLATURE, 2021		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COMMERCIAL DRIVER'S LICENSES.

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

SECTION 1. The legislature finds that, effective February 7, 2022, the Federal Motor Carrier Safety Administration is requiring states to comply with federal regulations requiring entry level driver training for certain first-time commercial driver license applicants. Failure to comply will result in a penalty. The first year the State fails to comply will result in the withholding of four per cent of funds required to be apportioned to Hawaii under title 23 United States Code section 104(b)(1) and (2). The second and subsequent years the State is out of compliance will result in an eight per cent penalty. The dollar amounts that will be withheld respectively are $6,185,220 and $12,370,440.

Accordingly, the purpose of this Act is to:

(1) Clarify the validity period of a commercial learner's permit; and

(2) Bring the State into compliance with federal regulations by requiring certain commercial driver's license applicants to complete an entry-level driver training course before taking other required tests for licensure.

SECTION 2. Section 286-236, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (d) and (e) to read:

"(d) A commercial learner's permit may be issued to an individual who holds a valid driver's license, is at least eighteen years of age, meets the qualification standards of title 49 Code of Federal Regulations[,] part 391, subparts B and E, and has passed the written tests required for the desired class of a commercial driver's license.

(e) The commercial learner's permit shall not be valid for a period in excess of one hundred eighty days[.] from the date that the applicant passes the general and all required endorsement knowledge tests, or if the applicant is not required to take a knowledge test, the period shall start when the permit is issued. When driving a commercial motor vehicle, the holder of a commercial learner's permit shall be accompanied by a person with a valid commercial driver's license to operate that category of commercial motor vehicle with the proper endorsements. The licensed person shall occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. The commercial learner's permit may be renewed no more than an additional one hundred eighty days without requiring the commercial learner's permit holder to retake the general or endorsement knowledge tests, and the applicant requalifies meeting the requirements of subsection (d). The commercial learner's permit holder is eligible to take the commercial driver's license skills test no earlier than fourteen days after obtaining the permit."

2. By amending subsection (g) to read:

"(g) Every applicant shall successfully complete the commercial driver's license general knowledge test before being issued a commercial learner's permit. A driver holding a valid commercial driver's license who seeks an upgrade for which a skills test is required shall also pass the appropriate knowledge test prior to obtaining a commercial learner's permit. As of February 7, 2022, except for a driver holding a valid commercial learner's permit or commercial driver's license that was obtained before February 7, 2022, every applicant shall complete the entry-level driver training requirements as specified in title 49 Code of Federal Regulations part 380, subpart F, and be verified with the Federal Motor Carrier Safety Administration Training Provider Registry prior to taking the skills test for class A or class B commercial driver's license, passenger endorsement, or school bus endorsement, and prior to taking the knowledge test for a hazardous materials endorsement."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2050.

Report Title:

Transportation; Commercial Driver's License; Commercial Learner's Permit; Entry-Level Driver Training Course

Description:

Clarifies the validity period for a commercial learner's permit. Adds a requirement for certain commercial driver's license applicants to complete an entry-level driver training course before taking other required tests for licensure. Effective 1/1/2050. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.