Report Title:

Intrastate Commercial Drivers; Qualifications for Drivers

Description:

Allows drivers 18 years of age or older to qualify for intrastate commerce.

HOUSE OF REPRESENTATIVES

H.B. NO.

84

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to commercial drivers' licenses.

 

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

SECTION 1. Section 286-231, 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, which originates and terminates within the state.

"Intrastate driver" means a driver not less than eighteen

years of age, engaged in intrastate commerce."

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

"§286-236 Commercial driver's license qualification standards.

(a) No person shall be issued a commercial driver's license

unless that person meets the qualification standards of 49 Code of Federal Regulations, Part 391, [Subparts B and E,] Subpart B, except 391.11(b)(1) in the case of an intrastate driver involved in intrastate commerce in the State, and Subpart E, has passed a

knowledge and driving skills test for driving a commercial motor

vehicle which complies with minimum federal standards

established by federal regulation enumerated in 49 Code of

Federal Regulations, Part 383, Subparts G and H, is domiciled in

this State as defined in 49 Code of Federal Regulations Part

383.5, and has satisfied all other requirements of the

Commercial Motor Vehicle Safety Act (CMVSA) of 1986 (Title XII,

Public Law 99-570) in addition to other requirements imposed by

state law or federal regulation. The tests shall be prescribed

by the director and administered by the respective county

examiner of drivers. A person who is not physically qualified

to drive under 49 Code of Federal Regulations Section

391.41(b)(1), (2), or (3) and who is otherwise qualified to

drive a motor vehicle may be granted an intrastate waiver by the

director. The process for granting intrastate waivers shall be

the same as that for interstate waivers in 49 Code of Federal

Regulations, Part 391.49, except that the intrastate waiver

requests shall be submitted to the director; provided that the

director shall adopt rules under chapter 91 to establish a

screening process, including approval by a licensed physician,

for granting an intrastate waiver to persons who are not

physically qualified under 49 Code of Federal Regulations

Section 391.41(b)(3).

(b) Pursuant to chapter 91, the director may authorize a third party examiner to administer the driving skills test specified in this section, provided:

(1) The test is the same as that administered by the respective county examiners of drivers; and

(2) The third party examiner has entered into an agreement with the State which complies with requirements of 49 Code of Federal Regulations, Section 383.75.

(c) The examiner of drivers may waive the driving skills test specified in this section for a commercial driver's license applicant who meets the requirements of 49 Code of Federal Regulations Section 383.77 or 383.123(b).

(d) A commercial driver's license or commercial driver's instruction permit, including a provisional or temporary license or permit, shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked, or canceled in any state; or while the person holds a driver's license issued by any other state unless the person first surrenders that license.

(e) A commercial driver's instruction permit may be issued to an individual who holds a valid driver's license, meets the qualification standards of 49 Code of Federal Regulations, Part 391, [Subparts B and E,] Subpart B, except 391.11(b)(1), in the case of an intrastate driver involved in intrastate commerce in the State, and Subpart E, and has passed the written tests required for the desired class of a commercial driver's license.

(f) The commercial driver's instruction permit shall not be valid for a period in excess of six months. When driving a commercial motor vehicle, the holder of a commercial driver's instruction permit shall be accompanied by a person licensed to operate that category of commercial motor vehicle. The licensed person shall occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

(g) The examiner of drivers may waive the knowledge and skills tests specified in this section for any person who is at least twenty-one years of age and who possesses a valid commercial driver’s license issued by any state of the United States or a province of Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial driver’s licenses. To retain a hazardous materials endorsement, the applicant shall pass the knowledge test for a hazardous materials endorsement.

(h) An intrastate driver with a commercial driver's license or permit, who is less than twenty-one years of age, shall not transport:

(1) Hazardous materials as defined in section 286-2; or

(2) Passengers in a school vehicle as defined in section 286-181."

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

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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