STAND. COM. REP. NO. 879-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2995

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2995, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL DRIVER LICENSING,"

begs leave to report as follows:

The purpose of this bill is to improve commercial motor vehicle safety and continue to qualify for federal funds by adopting congressionally mandated changes to the Motor Carrier Safety Improvement Act of 1999.

The Department of Human Resources Development and the Honolulu Police Department testified in support of this bill. The Department of Transportation supported this measure, suggesting amendments. The Hawaii Transportation Association supported the intent of this bill, suggesting amendments. The Judiciary submitted comments.

Your Committee has amended this bill by:

(1) Inserting a definition for "driving a commercial motor vehicle while under the influence of an intoxicant";

(2) Inserting provisions for checks of applicants' driving records into section 286-102, Hawaii Revised Statutes (HRS), relating to motor vehicle driver licensing;

 

(3) Clarifying that an individual who provides proof in the court having proper jurisdiction that the individual held a valid driver's license on the date of the citation shall not be guilty of driving a commercial motor vehicle without a commercial driver's license in the driver's possession;

(4) Inserting provisions that allows the examiner of drivers to waive the driving skills test for a commercial driver's license applicant who meets the requirements of 49 Code of Federal Regulations, Section 383.77 or 383.123(b);

(5) Clarifying that a person is disqualified from driving a commercial motor vehicle for at least one year if convicted of a first violation of driving a commercial motor vehicle, rather than any motor vehicle, with a blood alcohol content of 0.04 per cent;

(6) Clarifying that disqualification from driving a commercial motor vehicle applies to persons causing a fatality by operation of the vehicle only when such action constitutes a crime, including murder;

(7) Removing the requirement that the examiner of drivers shall notify within 10 days the licensing authority of the state that issued a nonresident commercial driver's license that has been suspended, revoked, or canceled;

(8) Inserting a new subsection (b) to section 286-244, HRS, to provide notification of convictions of commercial motor vehicle violations committed by persons who do not hold commercial driver's licenses, to states who issued driver's licenses to those persons;

(9) Amending from 10 days to a reasonable period of time the period within which the judiciary or the examiner of drivers shall make available to designated users any driving record information involving commercial motor vehicles, licenses, and drivers;

(10) Clarifying that a prospective motor carrier may obtain information of a driver or prospective driver, if the request is made by the driver;

(11) Clarifying those commercial driver's licensees from whom a conditional license permit may be withheld;

(12) Changing the effective date to July 1, 2010, to facilitate further discussion; and

(13) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2995, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2995, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair