Hawaii 2022 Regular Session

Hawaii Senate Bill SB2294 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2294 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to commercial driver's licenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2294
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2294
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to commercial driver's licenses.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	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 years 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 upon its approval. INTRODUCED BY: _____________________________
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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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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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53	53	(1) Is at least [nineteen] eighteen years of age;
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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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57	57	[(3) Only operates a category 3 vehicle as defined in section 286-102(b)(3);
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59	59	(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
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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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63	63	(A) Has not had any license suspended, revoked, or canceled; and
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65	65	(B) Has not had any conviction for:
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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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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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71	71	(iii) Making improper or erratic traffic lane changes;
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73	73	(iv) Following the vehicle ahead too closely; or
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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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77	77	SECTION 2. Section 286-238, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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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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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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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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85	85	(3) Any other information required by section 286‑111.
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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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89	89	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 years the minimum age required for a commercial driver's license.
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91	91	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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93	93	SECTION 5. This Act shall take effect upon its approval.
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97	97	INTRODUCED BY: _____________________________
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99	99	INTRODUCED BY:
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107	107	Report Title: DOT; Commercial Driver's Licenses; Minimum Age Description: Requires the Department of Transportation to amend its rules, and makes conforming statutory amendments, to lower the minimum age required for a commercial driver's license. Repeals the requirement that a person shall only operate category 3 vehicles to qualify to drive commercially in the State. Repeals the requirement that an application for a commercial driver's license or commercial learner's permit include intrastate driver certification. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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113	113	Report Title:
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115	115	DOT; Commercial Driver's Licenses; Minimum Age
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119	119	Description:
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121	121	Requires the Department of Transportation to amend its rules, and makes conforming statutory amendments, to lower the minimum age required for a commercial driver's license. Repeals the requirement that a person shall only operate category 3 vehicles to qualify to drive commercially in the State. Repeals the requirement that an application for a commercial driver's license or commercial learner's permit include intrastate driver certification.
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129	129	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.