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 Statutory material to be repealed is bracketed and stricken.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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