Honolulu, Hawaii



RE:    S.B. No. 1216

       S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii




     Your Committee on Transportation, to which was referred S.B. No. 1216 entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to amend section 286-236, Hawaii Revised Statutes, to comply with title 49, Code of Federal Regulations, part 380 subpart F, which requires entry level driver training for certain applicants for a commercial driver's license or endorsement.


     Your Committee received testimony in support of this measure from the Department of Transportation and Hawaii Transportation Association.  Your Committee received comments on this measure from one individual.


     Your Committee finds that effective February 7, 2022, the Federal Motor Carrier Safety Administration (FMCSA) will require states to comply with federal entry-level driver training regulations for certain first-time commercial driver license applicants.  Failure to comply with the federal mandate could result in millions of dollars being withheld from the State.  This measure will amend the state statutes to comply with the federal requirements.


     Your Committee recognizes the testimony of the Department of Transportation, noting that several housekeeping amendments are needed in order to clarify the measure.


     Accordingly, your Committee has amended this measure by:


     (1)  Inserting a grandfather provision allowed by the FMCSA that exempts the holder of a valid commercial learner's permit or commercial driver's license that was obtained prior to February 7, 2022, from the entry-level driver training requirements;


     (2)  Clarifying that the validity period of a commercial learner's permit begins on the date that the driver passes the general knowledge test or any required endorsement knowledge test, or from the date the permit is issued if a knowledge test is not required;


     (3)  Inserting an effective date of January 1, 2050, to encourage further discussion; and


     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.


     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1216, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1216, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.


Respectfully submitted on behalf of the members of the Committee on Transportation,