Driver Improvement Program

Amends law to require employers to provide a driver improvement
program only for drivers who drive a motor vehicle over 10,000
lbs. GVWR.  Eliminates the requirement that employers provide a
driver improvement program for commercial drivers, or category
(4) drivers.      

THE SENATE                              S.B. NO.           677
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that motor vehicle safety
 2 regulations are necessary and important to ensure the safety of
 3 everyone in the State.  Federal motor carrier safety regulations
 4 have requirements for drivers who drive vehicles over 10,000
 5 pounds gross vehicle weight rating.  The purpose of this
 6 legislation is to make Hawaii's driver improvement program
 7 consistent with the federal safety regulations base. 
 8      SECTION 2.  Section 286-202.5, Hawaii Revised Statutes, is
 9 amended by amending subsection (a) to read as follows:
10      "(a)  Every employer who employs a commercial motor vehicle
11 driver [as categorized in section 286-239, or a category (4)
12 driver in section 286-102], who drives a motor vehicle with a
13 gross vehicle weight rating over 10,000 pounds, shall provide for
14 every such driver a driver improvement program.  This program
15 shall provide a system for continuous driver evaluation and
16 annual driver safety courses approved by the director.  For
17 drivers with five years of continuous employment with one
18 employer, this requirement shall be at least once every two
19 years.  Every job placement center through which a [category (4)

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                                     S.B. NO.           677

 1 or commercial motor vehicle driver] driver of a motor vehicle
 2 with a gross vehicle weight rating over 10,000 pounds is employed
 3 on a casual or sporadic basis, and not as a regularly employed
 4 driver for any one employer, shall be responsible for providing
 5 the driver improvement program for all [its category (4) and
 6 commercial motor vehicle drivers.] drivers of a motor vehicle
 7 with a gross vehicle weight rating over 10,000 pounds.  For
 8 purposes of this subsection only, "job placement center" means
 9 any place where persons may register for purposes of employment,
10 and the dispatching of those persons to various jobs as they
11 become available.  Any employer or job placement center that
12 violates this subsection shall be fined not more than $500."
13      SECTION 3.  Statutory material to be repealed is bracketed.
14 New statutory material is underscored.
15      SECTION 4.  This Act shall take effect upon its approval.
17                           INTRODUCED BY:  _______________________