Report Title:

Transportation; Commercial Driver's License

Description:

Permits drivers who are at least 18 years of age to receive a commercial driver's license. Prohibits operation of tractor trailers by persons under the age of 18. (SB74 HD1)

THE SENATE

S.B. NO.

74

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

RELATING TO HIGHWAY SAFETY.

 

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

SECTION 1. Section 286-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Intrastate commerce" means trade, traffic, or transportation between two places in the State that originates and terminates within the State.

"Intrastate driver" means a driver not less than eighteen years of age engaged in intrastate commerce, except in the transportation of passengers in a school vehicle as defined in section 286-181, in the operation of a commercial motor vehicle requiring the possession of a category A commercial driver's license as defined in section 286-239(b)(1), or in the transportation of hazardous materials as defined in section 286-2."

SECTION 2. Section 286-236, Hawaii Revised Statutes, is amended to read as follows:

1. By amending subsection (a) to read:

"(a) No person shall be issued a commercial driver's license unless that person meets the qualification standards of 49 Code of Federal Regulations, Part 391, [Subparts] Subpart B, except Section 391.11(b)(1) in the case of an intrastate driver driving in intrastate commerce, and Subpart E, has passed a knowledge and driving skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 Code of Federal Regulations, Part 383, Subparts G and H, is domiciled in this State as defined in 49 Code of Federal Regulations Part 383.5, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act (CMVSA) of 1986 (Title XII, Public Law 99-570) in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed by the director and administered by the respective county examiner of drivers. A person who is not physically qualified to drive under 49 Code of Federal Regulations Section 391.41(b)(1), (2), or (3), and who is otherwise qualified to drive a motor vehicle may be granted an intrastate waiver by the director. The process for granting intrastate waivers shall be the same as that for interstate waivers in 49 Code of Federal Regulations, Part 391.49, except that the intrastate waiver requests shall be submitted to the director; provided that the director shall adopt rules under chapter 91 to establish a screening process, including approval by a licensed physician, for granting an intrastate waiver to persons who are not physically qualified under 49 Code of Federal Regulations Section 391.41(b)(3)."

2. By amending subsection (e) to read:

"(e) A commercial driver's instruction permit may be issued to an individual who holds a valid driver's license, meets the qualification standards of 49 Code of Federal Regulations, Part 391, [Subparts] Subpart B, except Section 391.11(b)(1) in the case of an intrastate driver driving in intrastate commerce, and Subpart E, and has passed the written tests required for the desired class of a commercial driver's license."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2006.