THE SENATE

S.B. NO.

2871

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMMERCIAL DRIVER'S LICENSE.

 

 

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

 


     SECTION 1.  Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291-     Using an electronic device for text messaging while operating a commercial motor vehicle.  (a)  No person shall use an electronic device for texting, as defined under section 286-231, while operating a commercial motor vehicle, as defined under section 286-2.

     (b)  Any person who is convicted of violating subsection (a) shall be fined not more than $2,750 in addition to the driving disqualification of section 286-240(e)."

     SECTION 2.  Section 286-231, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Electronic device" includes, but is not limited to, a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text.

     "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device.

     (1)  This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, or engaging in any other form of electronic text retrieval or entry, for present or future communication.

     (2)  Texting does not include:

         (A)  Reading, selecting, or entering a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call or using voice commands to initiate or receive a telephone call;

          (B)  Inputting, selecting, or reading information on a global positioning system or navigation system; or

         (C)  Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this part."

     SECTION 3.  Section 286-231, Hawaii Revised Statutes, is amended by amending the definition of "serious traffic violation" to read as follows:

     ""Serious traffic violation" means conviction of any of the following offenses when operating a commercial motor vehicle, except for weight, defect, and parking violations:

     (1)  Excessive speeding, involving any single offense for any speed of fifteen miles per hour or more above the posted speed limit;

     (2)  Reckless driving, or driving a commercial motor vehicle in disregard of the safety of persons or property, including but not limited to offenses of driving a commercial motor vehicle in wilful or wanton disregard for the safety of persons or property;

     (3)  Improper or erratic traffic lane changes;

     (4)  Following a vehicle ahead too closely;

     (5)  A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal traffic accident;

     (6)  Driving a commercial motor vehicle without obtaining a commercial driver's license;

     (7)  Driving a commercial motor vehicle without a commercial driver's license in the driver's possession; provided that this paragraph shall not apply to a citation issued under, or an offense disposed of pursuant to, section 286-116(a) or a substantially similar provision of law in another state; [or]

     (8)  Driving a commercial motor vehicle without the proper class or endorsements of commercial driver's license for the specific vehicle group being operated or for the passengers or type of cargo being transported[.]; or

     (9)  A violation of state or local law or ordinance on motor vehicle traffic control prohibiting texting while driving."

     SECTION 4.  Section 286-235, Hawaii Revised Statutes, is amended to read as follows:

     "§286-235  Commercial driver's license required.  (a)  No person shall drive a commercial motor vehicle unless the person holds a valid commercial driver's license and valid applicable endorsements for the vehicle the person is driving, except when driving under a commercial driver's instruction permit and accompanied by the holder of a valid commercial driver's license for the vehicle being driven.

     (b)  No person shall operate a commercial motor vehicle without a commercial driver's license in such person's possession.

     [(b)] (c)  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.

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

     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.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Commercial Driver's License; Electronic Devices; Texting

 

Description:

Prohibits driving a commercial motor vehicle without a commercial driver's license in the driver's possession; and prohibits texting while operating a commercial motor vehicle.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.