Report Title:

Highway Safety; Random Drug Testing

Description:

Requires the director of transportation to establish a program for random testing of operators of certain motor carrier vehicles for the use of intoxicants.

THE SENATE

S.B. NO.

2232

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HIGHWAY SAFETY.

 

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

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"286- Random testing of motor carrier operators for the use of intoxicants. (a) The director shall establish and implement a program of random testing for the use of intoxicants by operators of motor carrier vehicles specified in section 286-209 through roadblocks conducted in accordance with standards and guidelines that, at a minimum, comply with the following:

(1) All motor carrier vehicles approaching roadblocks shall be stopped or certain vehicles shall be stopped by selecting vehicles in a specified numerical sequence or pattern;

(2) Roadblocks shall be located at fixed locations for a maximum three-hour period;

(3) The following minimum safety precautions shall be provided at every roadblock:

(A) Proper illumination;

(B) Off-road or otherwise safe and secure holding areas for vehicles involved in any roadblock stop;

(C) Uniformed law enforcement officers carrying proper identification;

(D) Adequate advance warning of the fact and purpose of the roadblocks, either by sign posts, flares, or other alternative methods; and

(E) Termination of roadblocks at the discretion of the law enforcement officer in charge where traffic congestion would otherwise result; and

(4) A sufficient quantity and visibility of uniformed officers and official vehicles shall be provided to ensure speedy compliance with the purpose of the roadblocks and to move traffic with a minimum of inconvenience.

(b) Operators of motor carrier vehicles stopped at a roadblock in compliance with this section shall be issued a notice to submit to testing for intoxicants within twenty-four hours at a clinical laboratory licensed under section 321-13. Operators who test positive for an intoxicant or who fail to submit to testing within twenty-four hours shall be issued an out-of-service order pursuant to section 286-242.

(c) Nothing in this section shall prohibit the imposition of additional sanctions pursuant to part XIII or section 291E-61.

(d) As used in this section, "intoxicant" has the same meaning as in section 291E-1."

SECTION 2. Section 286-202, Hawaii Revised Statutes, is amended to read as follows:

"286-202 General duties and powers of the director. The general duties and powers of the director shall be:

(1) To establish rules promoting the safety of operations, motor vehicle and equipment of motor carriers; provided that the maximum hours of service to be performed by an operator of a motor carrier vehicle shall be determined by the director based on conditions existing in the State or in particular sections of the State and shall be compatible with those prescribed by the Federal Motor Carrier Safety regulations of the United States Department of Transportation.

(2) To coordinate the various motor carrier safety programs in the State including the formulation of statewide standards as necessary.

(3) To develop and implement, on a priority basis, a recordkeeping and information system for the motor carrier safety program.

(4) To develop standards relating to the qualification of motor carrier vehicle drivers.

(5) To establish standards for continuous driver training and periodic evaluation of the driver performance of motor carrier vehicle drivers.

(6) To establish standards for motor carrier vehicle safety inspection, motor carrier vehicle inspection stations, and motor carrier vehicle inspection personnel.

(7) To revise and update the standards relating to motor carrier vehicle maintenance and establish a system for the enforcement of such standards.

(8) To develop the standards for size and weight of vehicles, including motor carrier vehicles, pursuant to chapter 291.

(9) To establish standards for the issuance of special permits to carry oversized and overweight loads on the highway.

(10) To establish standards for the transportation of hazardous materials on the highways.

(11) To develop comprehensive rules governing the modification of motor carrier vehicles which will at any time be operated upon the highway.

(12) To review and approve all plans and specifications for construction in the State or modification of motor carrier vehicles which will at any time be operated upon the highway.

(13) [To adopt rules pursuant to chapter 91 necessary for the purposes of this part.

(14)] To establish and implement a program of random testing for the use of intoxicants by operators of motor carrier vehicles.

(14) To investigate all motor carrier vehicle accidents under this part resulting in death of a human being or other accidents as the director determines necessary to advance the motor carrier safety program.

(15) To adopt rules pursuant to chapter 91 necessary for the purposes of this part."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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

SECTION 5. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

_____________________________