Report Title:

Commercial Driver Licenses

 

Description:

Conforms certain penalties to federal regulations; imposes penalties for operating a commercial motor vehicle with alcohol concentration of 0.04 per cent or more.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

485

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to transportation.

 

 

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

 


     SECTION 1.  Section 286-234, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     (d)  Any employer who is convicted of a violation of subsection (b)(3) shall be subject to a fine of not less than $2,750 nor more than [$11,000] $25,000."

     SECTION 2.  Section 286-241.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "§286-241.4  Authority of examiner of drivers to suspend, revoke, or cancel commercial driver's license or permit.  (a)  The examiner of drivers may suspend, revoke, [or cancel] cancel, or disqualify any commercial driver's license or permit without a hearing when the examiner of drivers has probable cause to believe that the licensee is disqualified under section 286-240[(c) through (h)]."

     SECTION 3.  Section 286-249, Hawaii Revised Statutes, is amended to read as follows:

     "§286-249  Penalty.  (a)  Any person who drives a commercial motor vehicle in the State without a valid commercial driver's license or permit, or while the person's driving privileges are suspended, revoked, or canceled, or while disqualified from driving a commercial motor vehicle, shall be:

     (1)  Disqualified from driving a commercial motor vehicle for a period of not less than one year and up to life;

     (2)  Fined not less than $500 but not more than $1,000; and

     (3)  Imprisoned not more than one year;

provided that the court shall have discretion to impose either a fine or imprisonment, or both.

     (b)  A driver who is convicted of violating an out-of-service order shall be fined not less than [$1,100 nor more than $2,750] $2,500 for the first conviction and not less than $5,000 for a second or subsequent conviction, in addition to the driving disqualification of subsection (a)(1) and section 286-240(g) and (h).

     (c)  Any person found in violation of section 286-242(a) shall be fined not more than $200.

     (d)  Any person found in violation of section 286-242(c) shall be fined not more than $500."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

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