HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 286-236, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "286-236  Commercial driver's license qualification
 4 standards.(a)  No person shall be issued a commercial driver's
 5 license unless that person meets the qualification standards of
 6 49 Code of Federal Regulations, Part 391, Subparts B and E, has
 7 passed a knowledge and driving skills test for driving a com-
 8 mercial motor vehicle which complies with minimum federal
 9 standards established by federal regulation enumerated in 49 Code
10 of Federal Regulations, Part 383, Subparts G and H, and has
11 satisfied all other requirements of the Commercial Motor Vehicle
12 Safety Act (CMVSA) of 1986 (Title XII, Public Law 99-570) in
13 addition to other requirements imposed by state law or federal
14 regulation.  The tests shall be prescribed by the director and
15 administered by the respective county [examiner] examiners of
16 drivers.  A person who is not physically qualified to drive under
17 49 Code of Federal Regulations 391.41(b)(1) or (2) and who is
18 otherwise qualified to drive a motor vehicle may be granted an
19 intrastate waiver by the director.  The process for granting
20 intrastate waivers shall be the same as that for interstate
21 waivers in 49 Code of Federal Regulations, Part 391.49, except
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 1 that the intrastate waiver requests shall be submitted to the
 2 director.
 3      (b)  Pursuant to chapter 91, the director may authorize a
 4 third party examiner to administer the driving skills test
 5 specified in this section, provided:
 6      (1)  The test is the same as that administered by the
 7           respective county examiners of drivers; and
 8      (2)  The third party examiner has entered into an agreement
 9           with the State which complies with requirements of 49
10           Code of Federal Regulations, 383.75.
11      (c)  The examiner of drivers may waive the driving skills
12 test specified in this section for a commercial driver's license
13 applicant who meets the requirements of 49 Code of Federal
14 Regulations, 383.77.
15      (d)  A commercial driver's license or commercial driver's
16 instruction permit shall not be issued to a person while the
17 person is subject to a disqualification from driving a commercial
18 motor vehicle, or while the person's driver's license is
19 suspended, revoked, or canceled in any state; or while the person
20 holds a driver's license issued by any other state unless the
21 person first surrenders that license.
22      (e)  A commercial driver's instruction permit may be issued
23 to an individual who holds a valid driver's license, meets the
24 qualification standards of 49 Code of Federal Regulations, Part

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 1 391, Subparts B and E, and has passed the written tests required
 2 for the desired class of a commercial driver's license.
 3      (f)  The commercial driver's instruction permit shall not be
 4 valid for a period in excess of six months.  When driving a
 5 commercial motor vehicle, the holder of a commercial driver's
 6 instruction permit shall be accompanied by a person licensed to
 7 operate that category of commercial motor vehicle.  The licensed
 8 person shall occupy the seat beside the individual for the
 9 purpose of giving instruction in driving the commercial motor
10 vehicle.
11      (g)  The examiner of drivers may waive the knowledge and
12 skills tests specified in this section for any person who is at
13 least twenty-one years of age and who possesses a valid
14 commercial driver's license issued by any other state of the
15 United States or a province of the Dominion of Canada that issues
16 licenses in accordance with the minimum federal standards for the
17 issuance of commercial driver's licenses.  If the applicant
18 desires to retain a hazardous materials endorsement, the
19 knowledge test for a hazardous materials endorsement must be
20 taken and passed."
21      SECTION 3.  Statutory material to be repealed is bracketed.
22 New statutory material is underscored.
23      SECTION 4.  This Act shall take effect upon its approval.

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