| 47 | | - | SECTION 1. The legislature finds that, effective February 7, 2022, the Federal Motor Carrier Safety Administration is requiring states to comply with federal regulations mandating entry-level driver training for certain first-time commercial driver's license applicants. Existing state law should be modified to conform to this requirement, as failure to comply will result in the following penalties: the first year the State fails to comply would result in the withholding of four per cent of the federal funds required to be apportioned to Hawaii under the federal Highway Trust Fund; and the second and subsequent years the State is out of compliance would result in an eight per cent penalty. Consequently, the dollar amounts that would be withheld, respectively, are $6,185,220 and $12,370,440 for failure to comply. Accordingly, the purpose of this Act is to amend existing state law to comply with federal regulations regarding special entry-level training requirements for certain first-time commercial driver's license applicants. SECTION 2. Section 286-236, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (e) to read: "(e) The commercial learner's permit shall not be valid for a period in excess of one hundred eighty days[.]: (1) From the date that the applicant passes the general and all required endorsement knowledge tests; or (2) If the applicant is not required to take a knowledge test, from the date that the permit is issued. When driving a commercial motor vehicle, the holder of a commercial learner's permit shall be accompanied by a person with a valid commercial driver's license to operate that category of commercial motor vehicle with the proper endorsements. The licensed person shall occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. The commercial learner's permit may be renewed no more than an additional one hundred eighty days without requiring the commercial learner's permit holder to retake the general or endorsement knowledge tests, and the applicant requalifies meeting the requirements of subsection (d). The commercial learner's permit holder is eligible to take the commercial driver's license skills test no earlier than fourteen days after obtaining the permit." 2. By amending subsection (g) to read: "(g) Every applicant shall successfully complete the commercial driver's license general knowledge test before being issued a commercial learner's permit. A driver holding a valid commercial driver's license who seeks an upgrade for which a skills test is required shall also pass the appropriate knowledge test prior to obtaining a commercial learner's permit[.]; provided that, beginning February 7, 2022, except for a driver holding a valid commercial learner's permit or commercial driver's license that was obtained prior to February 7, 2022, every applicant shall: (1) Complete the entry-level driver training requirements as specified in title 49 Code of Federal Regulations part 380, subpart F; and (2) Be verified with the Federal Motor Carrier Safety Administration Training Provider Registry; provided further that the applicant shall complete the requirements in paragraphs (1) and (2) prior to taking the skills test for a class A or class B commercial driver's license, passenger endorsement, or school bus endorsement, and prior to taking the knowledge test for a hazardous materials endorsement." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on January 1, 2050. |
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| 47 | + | SECTION 1. The purpose of this Act is to amend section 286-236, Hawaii Revised Statutes, to comply with federal regulations in title 49 Code of Federal Regulations part 380, subpart F. Effective February 7, 2022, the Federal Motor Carrier Safety Administration is requiring states to comply with federal regulations requiring entry level driver training for certain first-time commercial driver license applicants. This Act modifies the statutes to comply with the requirement. Failure to comply will result in a penalty. The first year the State fails to comply will result in the withholding of four per cent of funds required to be apportioned to Hawaii under title 23 United States Code section 104(b)(1) and (2). The second and subsequent years the State is out of compliance result in an eight per cent penalty. The dollar amounts that will be withheld respectively are $6,185,220 and $12,370,440. SECTION 2. Section 286-236, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (e) to read: "(e) The commercial learner's permit shall not be valid for a period in excess of one hundred eighty days[.]: (1) From the date that the applicant passes the general and all required endorsement knowledge tests; or (2) If the applicant is not required to take a knowledge test, from the date that the permit is issued. When driving a commercial motor vehicle, the holder of a commercial learner's permit shall be accompanied by a person with a valid commercial driver's license to operate that category of commercial motor vehicle with the proper endorsements. The licensed person shall occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. The commercial learner's permit may be renewed no more than an additional one hundred eighty days without requiring the commercial learner's permit holder to retake the general or endorsement knowledge tests, and the applicant requalifies meeting the requirements of subsection (d). The commercial learner's permit holder is eligible to take the commercial driver's license skills test no earlier than fourteen days after obtaining the permit." 2. By amending subsection (g) to read: "(g) Every applicant shall successfully complete the commercial driver's license general knowledge test before being issued a commercial learner's permit. A driver holding a valid commercial driver's license who seeks an upgrade for which a skills test is required shall also pass the appropriate knowledge test prior to obtaining a commercial learner's permit. As of February 7, 2022, except for a driver holding a valid commercial learner's permit or commercial driver's license that was obtained prior to February 7, 2022, every applicant shall complete the entry-level driver training requirements as specified in title 49 Code of Federal Regulations part 380, subpart F, and be verified with the Federal Motor Carrier Safety Administration Training Provider Registry prior to taking the skills test for class A or class B commercial driver's license, passenger endorsement, or school bus endorsement, and prior to taking the knowledge test for a hazardous materials endorsement." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on January 1, 2050. |
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