Commercial Driver License

Authorizes the State to license a driver with a valid commercial
license from another state or Canadian province, without
requiring the driver to pass a knowledge or skills test.  (SD1)

THE SENATE                              S.B. NO.           S.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
 8 commercial 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

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                                     S.B. NO.           S.D. 1

 1 intrastate waivers shall be the same as that for interstate
 2 waivers in 49 Code of Federal Regulations, Part 391.49, except
 3 that the intrastate waiver requests shall be submitted to the
 4 director.
 5      (b)  Pursuant to chapter 91, the director may authorize a
 6 third party examiner to administer the driving skills test
 7 specified in this section, provided:
 8      (1)  The test is the same as that administered by the
 9           respective county examiners of drivers; and
10      (2)  The third party examiner has entered into an agreement
11           with the State which complies with requirements of 49
12           Code of Federal Regulations[,] 383.75.
13      (c)  The examiner of drivers may waive the driving skills
14 test specified in this section for a commercial driver's license
15 applicant who meets the requirements of 49 Code of Federal
16 Regulations[,] 383.77.
17      (d)  A commercial driver's license or commercial driver's
18 instruction permit shall not be issued to a person while the
19 person is subject to a disqualification from driving a commercial
20 motor vehicle, or while the person's driver's license is
21 suspended, revoked, or canceled in any state; or while the person
22 holds a driver's license issued by any other state unless the
23 person first surrenders that license.

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                                     S.B. NO.           S.D. 1

 1      (e)  A commercial driver's instruction permit may be issued
 2 to an individual who holds a valid driver's license, meets the
 3 qualification standards of 49 Code of Federal Regulations, Part
 4 391, Subparts B and E, and has passed the written tests required
 5 for the desired class of a commercial driver's license.
 6      (f)  The commercial driver's instruction permit shall not be
 7 valid for a period in excess of six months.  When driving a
 8 commercial motor vehicle, the holder of a commercial driver's
 9 instruction permit shall be accompanied by a person licensed to
10 operate that category of commercial motor vehicle.  The licensed
11 person shall occupy the seat beside the individual for the
12 purpose of giving instruction in driving the commercial motor
13 vehicle.
14      (g)  The examiner of drivers may waive the knowledge and
15 skills tests specified in this section for any person who is at
16 least twenty-one years of age and who possesses a valid
17 commercial driver's license issued by any state of the United
18 States or a province of the Dominion of Canada that issues
19 licenses in accordance with the minimum federal standards for the
20 issuance of commercial driver's licenses.  If the applicant
21 desires to retain a hazardous materials endorsement, the
22 knowledge test for a hazardous materials endorsement must be
23 taken and passed."

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                                     S.B. NO.           S.D. 1

 1      SECTION 2.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 3.  This Act shall take effect upon its approval.