Report Title:

Commercial Driver's License; Penalties; Violations; Motor Vehicle

 

Description:

Conforms penalty for violating an out-of-service order to federal regulation; provides penalty for operating a commercial motor vehicle with an alcohol concentration of an amount of 0.04 percent or more and imposes a penalty for operating a commercial motor vehicle with any amount of alcohol concentration. (SB1056 HD1)

 


THE SENATE

S.B. NO.

1056

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMMERCIAL DRIVERS.

 

 

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 286-235, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  No person shall drive a commercial motor vehicle while the person's driver's license or permit is suspended, revoked, or canceled, or while subject to a disqualification[, or in violation of an out-of-service order].

     [(c)  Any person who holds a category (4), (5), (6), (7), (8), (9), or (10) license that is valid on March 31, 1991, may continue to drive with that license until that person's next birthday, at which time the person shall be permitted to continue to drive only if the person obtains either a commercial driver's license or a reclassified category (4) license under section 286-102(b).]

     (c)  No person shall drive a commercial motor vehicle in violation of an out-of-service order."

     SECTION 3.  Section 286-241.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The examiner of drivers may suspend, revoke, [or] 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 4.  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] 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] $2,500 nor more than [$2,750] $4,000 for a first conviction and not less than $5,000 nor more than $7,500 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 convicted under or found in violation of section 286-242(a) shall be fined not more than $200.

     (d)  Notwithstanding section 286-249(a)(2), any person convicted under or found in violation of section 286-242(c) shall be fined not more than $500."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.