| 47 | | - | SECTION 1. Section 286-102.3, Hawaii Revised Statutes, is amended to read as follows: "[[]§286-102.3[]] Commercial drivers under the age of twenty-one. A person is qualified to drive commercially in the State in intrastate commerce if the person: (1) Is at least [nineteen] eighteen years of age; (2) Is in compliance with title 49 Code of Federal Regulations, part 390-396, subpart B, except section 391.11(b)(1) in the case of an intrastate driver involved in intrastate commerce in the State; [(3) Only operates a category 3 vehicle as defined in section 286-102(b)(3); (4)] (3) [Shall] Does not transport hazardous materials as defined in section 286-2, nor passengers in a school vehicle as defined in section 286-181; and [(5)] (4) Has had a category 3 state driver's license for the two years immediately preceding driving commercially under this section, with the following conditions: (A) Has not had any license suspended, revoked, or canceled; and (B) Has not had any conviction for: (i) Speeding excessively involving any speed of fifteen miles per hour or more above the speed limit; (ii) Driving recklessly, as defined by state or local law or regulation, including but not limited to offenses of driving a motor vehicle in wilful or wanton disregard for the safety of person or property; (iii) Making improper or erratic traffic lane changes; (iv) Following the vehicle ahead too closely; or (v) Violating state or local law relating to motor vehicle traffic control, excluding parking violations, arising in connection with a fatal accident." SECTION 2. Section 286-238, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The application for a commercial driver's license or commercial learner's permit shall include the following with respect to the applicant: (1) Certifications including those required by title 49 Code of Federal Regulations section 383.71(a), except that this certification applies to [both intrastate and] interstate drivers; (2) The names of all states where the applicant has previously been licensed to drive any type of motor vehicle during the previous ten years; and (3) Any other information required by section 286‑111. The applicant shall produce proof of residency to show the applicant's state of domicile as defined in title 49 Code of Federal Regulations section 383.5." SECTION 3. The department of transportation shall adopt or amend rules pursuant to chapter 91, Hawaii Revised Statutes, necessary to lower the minimum age required for a commercial driver's license to eighteen. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on January 1, 2050. |
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| 47 | + | SECTION 1. Section 286-102.3, Hawaii Revised Statutes, is amended to read as follows: "[[]§286-102.3[]] Commercial drivers under the age of twenty-one. A person is qualified to drive commercially in the State in intrastate commerce if the person: (1) Is at least [nineteen] eighteen years of age; (2) Is in compliance with title 49 Code of Federal Regulations, part 390-396, subpart B, except section 391.11(b)(1) in the case of an intrastate driver involved in intrastate commerce in the State; [(3) Only operates a category 3 vehicle as defined in section 286-102(b)(3); (4)] (3) Shall not transport hazardous materials as defined in section 286-2, nor passengers in a school vehicle as defined in section 286-181; and [(5)] (4) Has had a category 3 state driver's license for the two years immediately preceding driving commercially under this section, with the following conditions: (A) Has not had any license suspended, revoked, or canceled; and (B) Has not had any conviction for: (i) Speeding excessively involving any speed of fifteen miles per hour or more above the speed limit; (ii) Driving recklessly, as defined by state or local law or regulation, including but not limited to offenses of driving a motor vehicle in wilful or wanton disregard for the safety of person or property; (iii) Making improper or erratic traffic lane changes; (iv) Following the vehicle ahead too closely; or (v) Violating state or local law relating to motor vehicle traffic control, excluding parking violations, arising in connection with a fatal accident." SECTION 2. Section 286-238, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The application for a commercial driver's license or commercial learner's permit shall include the following with respect to the applicant: (1) Certifications including those required by title 49 Code of Federal Regulations section 383.71(a), except that this certification applies to [both intrastate and] interstate drivers; (2) The names of all states where the applicant has previously been licensed to drive any type of motor vehicle during the previous ten years; and (3) Any other information required by section 286‑111. The applicant shall produce proof of residency to show the applicant's state of domicile as defined in title 49 Code of Federal Regulations section 383.5." SECTION 3. The department of transportation shall adopt or amend rules pursuant to chapter 91, Hawaii Revised Statutes, necessary to lower from twenty-one to eighteen the minimum age required for a commercial driver's license. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on January 1, 2050. |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. Section 286-102.3, Hawaii Revised Statutes, is amended to read as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | "[[]§286-102.3[]] Commercial drivers under the age of twenty-one. A person is qualified to drive commercially in the State in intrastate commerce if the person: |
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| 52 | 52 | | |
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| 53 | 53 | | (1) Is at least [nineteen] eighteen years of age; |
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| 54 | 54 | | |
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| 55 | 55 | | (2) Is in compliance with title 49 Code of Federal Regulations, part 390-396, subpart B, except section 391.11(b)(1) in the case of an intrastate driver involved in intrastate commerce in the State; |
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| 56 | 56 | | |
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| 57 | 57 | | [(3) Only operates a category 3 vehicle as defined in section 286-102(b)(3); |
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| 58 | 58 | | |
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| 60 | 60 | | |
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| 61 | 61 | | [(5)] (4) Has had a category 3 state driver's license for the two years immediately preceding driving commercially under this section, with the following conditions: |
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| 62 | 62 | | |
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| 63 | 63 | | (A) Has not had any license suspended, revoked, or canceled; and |
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| 64 | 64 | | |
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| 65 | 65 | | (B) Has not had any conviction for: |
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| 66 | 66 | | |
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| 67 | 67 | | (i) Speeding excessively involving any speed of fifteen miles per hour or more above the speed limit; |
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| 68 | 68 | | |
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| 69 | 69 | | (ii) Driving recklessly, as defined by state or local law or regulation, including but not limited to offenses of driving a motor vehicle in wilful or wanton disregard for the safety of person or property; |
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| 70 | 70 | | |
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| 71 | 71 | | (iii) Making improper or erratic traffic lane changes; |
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| 72 | 72 | | |
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| 73 | 73 | | (iv) Following the vehicle ahead too closely; or |
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| 74 | 74 | | |
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| 75 | 75 | | (v) Violating state or local law relating to motor vehicle traffic control, excluding parking violations, arising in connection with a fatal accident." |
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| 76 | 76 | | |
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| 77 | 77 | | SECTION 2. Section 286-238, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: |
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| 78 | 78 | | |
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| 79 | 79 | | "(a) The application for a commercial driver's license or commercial learner's permit shall include the following with respect to the applicant: |
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| 80 | 80 | | |
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| 81 | 81 | | (1) Certifications including those required by title 49 Code of Federal Regulations section 383.71(a), except that this certification applies to [both intrastate and] interstate drivers; |
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| 82 | 82 | | |
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| 83 | 83 | | (2) The names of all states where the applicant has previously been licensed to drive any type of motor vehicle during the previous ten years; and |
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| 84 | 84 | | |
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| 85 | 85 | | (3) Any other information required by section 286‑111. |
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| 86 | 86 | | |
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| 87 | 87 | | The applicant shall produce proof of residency to show the applicant's state of domicile as defined in title 49 Code of Federal Regulations section 383.5." |
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| 88 | 88 | | |
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