Commercial Driver Licensing

HRS div. 1, tit. 17, ch. 286, pt. XIII

in effect

HRS §286-231 Definitions

286-231. Definitions As used in this part unless the context otherwise requires: "Commercial driver's license downgrade" means: (1) Authorization to change a driver's self-certification pursuant to Title 49 Code of Federal Regulations section 383.71, to interstate, but operating exclusively in transportation or operation excepted from the Federal Motor Carrier Safety Regulations as provided in Title 49 Code of Federal Regulations sections 390.3(f), 391.2, 391.62, and 398.2(b); (2) Authorization to change a driver's self-certification pursuant to Title 49 Code of Federal Regulations section 383.71, to intrastate only if the driver qualifies under the State's physical qualification requirements for intrastate only; (3) Authorization to change a driver's self-certification pursuant to Title 49 Code of Federal Regulations section 383.71, to intrastate, but operating exclusively in transportation or operations excepted from all or part of the state driver qualification requirements; or (4) Removing the commercial driver's license privilege from the driver's license. "Commercial driver's license information system driver record" means the electronic record of an individual commercial driver license driver's status and history stored by the state of record as part of the commercial driver's license information system established under Title 49 United States Code section 31309. "Disqualification" means any of the following three actions: (1) The suspension, revocation, or cancellation of a commercial driver's license by the state or jurisdiction of issuance; (2) Any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations); or (3) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under Title 49, Code of Federal Regulations Part 391. "Driving a commercial motor vehicle while under the influence of an intoxicant" means committing any one or more of the following acts in a commercial motor vehicle: (1) Driving a commercial motor vehicle while the person's alcohol concentration is 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood; (2) Driving under the influence of an intoxicant pursuant to section 291E-61; or (3) Refusing to undergo such testing as required by any state or jurisdiction in the enforcement of section 383.51(b) or 392.5(a)(2) of Title 49 Code of Federal Regulations. "Employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle. "Endorsement" means an authorization on an individual's commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles. "Fatality" means the death of a person as a result of a motor vehicle accident. "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of such death, illness, injury, or endangerment. "Noncommercial motor vehicle" means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle (CMV)" under section 286-2. "Nonresident commercial driver's license" means a commercial driver's license issued by a state under either of the following two conditions: (1) To an individual domiciled in a foreign country meeting the requirements of Title 49, Code of Federal Regulations Section 383.23(b)(1); or (2) To an individual domiciled in another state meeting the requirements of Title 49, Code of Federal Regulations Section 383.23(b)(2). "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to Section 386.72, 392.5, 395.13, or 396.9 of Title 49, Code of Federal Regulations, or compatible laws, or the North American Uniform Out-of-Service Criteria, which can be obtained from the Commercial Vehicle Safety Alliance. "School bus" means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events, but does not include a bus, as defined under section 286-2, used as a common carrier as defined under section 271-4. "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. [L 1989, c 320, pt of §2; am L 1990, c 342, §4; am L 1993, c 268, §2; am L 1996, c 135, §§1, 2; am L 2004, c 103, §§1, 3; am L 2011, c 67, §1 and c 121, §1]

HRS §286-232 Limitation on number of driver's licenses

286-232. Limitation on number of driver's licenses No person who drives a commercial motor vehicle may have more than one driver's license. L 1989, c 320, pt of §2; am L 1990, c 342, §16; am L 1993, c 268, §3

HRS §286-233 Notification requirements

286-233. Notification requirements (a) Any driver of a commercial motor vehicle holding a commercial driver's license issued by this State who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state, or federal, provincial, territorial, or municipal laws of Canada or Mexico, other than parking violations, in any type of motor vehicle, shall notify the examiner of drivers in the manner specified by the director within thirty days of the date of conviction. Any driver of a commercial motor vehicle holding a commercial driver's license issued by this State, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, or federal, provincial, territorial, or municipal laws of Canada or Mexico, other than parking violations, in any type of motor vehicle, shall notify the person's current employer in writing of the conviction within thirty days of the date of conviction. (b) Each commercial driver whose driver's license or permit is suspended, revoked, or canceled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify the person's current employer of the suspension, revocation, or cancellation before the end of the business day following the day the driver received notice of the suspension, revocation, cancellation, or disqualification. (c) The written notice to the examiner of drivers and current employer as required by subsection (a) shall contain the following information: (1) Driver's full name; (2) Driver's license number; (3) Date of conviction; (4) Each specific criminal or other offense, or serious traffic violation of state or local law relating to motor vehicle traffic control, of which the person was convicted, and any suspension, revocation, or cancellation of driving privileges which resulted from that conviction; (5) Indication whether the violation was in a commercial motor vehicle; (6) Location of offense; and (7) Driver's signature. (d) Each person who drives a commercial motor vehicle and applies for employment as a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application: (1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle; (2) The dates between which the applicant drove for each employer; and (3) The reason for leaving each employer. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. [L 1989, c 320, pt of §2; am L 1990, c 342, §5; am L 1993, c 268, §4]

HRS §286-234 Employer responsibilities

286-234. Employer responsibilities (a) Each employer shall require the applicant to provide the information specified in section 286-233. (b) No employer shall knowingly allow, require, permit, or authorize a driver to drive a commercial motor vehicle: (1) During any period in which the driver has a driver's license or permit suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; (2) During any period in which the driver has more than one driver's license; (3) During any period in which the driver, or the commercial motor vehicle the driver is driving, or the motor carrier operation, is subject to an out-of-service order; or (4) In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings. (c) Any employer who violates subsection (a) or (b)(1) or (2) shall for a first conviction be fined not more than $100; for conviction of a second offense committed within one year after the date of the prior conviction, the employer shall be fined not more than $300; for conviction of a third or subsequent offense committed within two years after the date of the second conviction, the employer shall be fined not more than $1,000. (d) Any employer who is convicted of a violation of subsection (b)(3) shall be subject to a fine of not less than $2,750 nor more than $25,000. (e) Any employer who is convicted of a violation of subsection (b)(4) shall be subject to a civil penalty of not more than $10,000. [L 1989, c 320, pt of §2; am L 1990, c 342, §16; am L 1992, c 93, §1; am L 1993, c 268, §5; am L 1996, c 135, §3; am L 2002, c 70, §1; am L 2004, c 103, §4; am L 2009, c 46, §1]

HRS §286-235 Commercial driver's license required

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 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) No person shall drive a commercial motor vehicle in violation of an out-of-service order. [L 1989, c 320, pt of §2; am L 1990, c 342, §6; am L 2009, c 46, §2]

HRS §286-235.5 Persons exempt from licensure

286-235.5. Persons exempt from licensure The following persons shall be exempt from licensure under this part: (1) Individuals who operate commercial motor vehicles for military purposes. This exception is limited to active-duty military personnel, members of the military reserves, members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), and active-duty United States Coast Guard personnel. This exception is not applicable to United States reserve technicians; and (2) Federal, state, and county firefighters, and law enforcement officers who drive federal, state, or county fire trucks, including fire pumpers, aerial ladder trucks, and elevated platform trucks, or authorized emergency vehicles; provided that they are trained by the federal, state, or county government and the commercial motor vehicles are equipped with audible and visual signals and are not subject to normal traffic regulation. For purposes of this paragraph, "authorized emergency vehicle" shall have the same meaning as in section 291C-1. [L 1990, c 342, pt of §3; am L 1996, c 16, §1; am L 2002, c 29, §1; am L 2006, c 130, §3]

HRS §286-236 Commercial driver's license qualification standards

286-236. Commercial driver's license qualification standards (a) No person shall be issued a commercial driver's license unless that person meets the qualification standards of Title 49 Code of Federal Regulations, Part 391, Subparts B and E, has passed a knowledge and driving skills test for driving a commercial motor vehicle that complies with minimum federal standards established by federal regulation enumerated in Title 49 Code of Federal Regulations, Part 383, Subparts G and H, is domiciled in this State as defined in Title 49 Code of Federal Regulations, Part 383.5, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Public Law 99-570, Title XII, in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed by the director and administered by the respective county examiner of drivers. As of January 30, 2012, the examiner of drivers shall verify that the medical certification status of a driver who self-certified according to Title 49 Code of Federal Regulations section 383.71(a)(1)(ii)(A), non-excepted interstate, is certified. If a driver submits a current medical examiner's certificate, the examiner of drivers shall date-stamp the certificate and post all required information to the commercial driver's license information system pursuant to Title 49 Code of Federal Regulations section 383.73(a)(5) and in accordance with Title 49 Code of Federal Regulations section 383.73(j). A person who is not physically qualified to drive under Title 49 Code of Federal Regulations section 391.41(b)(1), (2), or (3) and who is otherwise qualified to drive a motor vehicle may be granted an intrastate waiver by the director. The process for granting intrastate waivers shall be the same as that for interstate waivers in Title 49 Code of Federal Regulations section 391.49, except that the intrastate waiver requests shall be submitted to the director; provided that the director shall adopt rules under chapter 91 to establish a screening process, including approval by a licensed physician, for granting an intrastate waiver to persons who are not physically qualified under Title 49 Code of Federal Regulations section 391.41(b)(3). (b) Pursuant to chapter 91, the director may authorize a third party examiner to administer the driving skills test specified in this section, provided: (1) The test is the same as that administered by the respective county examiners of drivers; and (2) The third party examiner has entered into an agreement with the State which complies with requirements of 49 Code of Federal Regulations, Section 383.75. (c) The examiner of drivers may waive the driving skills test specified in this section for a commercial driver's license applicant who meets the requirements of 49 Code of Federal Regulations Section 383.77 or 383.123(b). (d) A commercial driver's license or commercial driver's instruction permit, including a provisional or temporary license or permit, shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked, or canceled in any state; or while the person holds a driver's license issued by any other state unless the person first surrenders that license. (e) A commercial driver's instruction permit may be issued to an individual who holds a valid driver's license, meets the qualification standards of 49 Code of Federal Regulations, Part 391, Subparts B and E, and has passed the written tests required for the desired class of a commercial driver's license. (f) The commercial driver's instruction permit shall not be valid for a period in excess of one year. When driving a commercial motor vehicle, the holder of a commercial driver's instruction permit shall be accompanied by a person licensed to operate that category of commercial motor vehicle. The licensed person shall occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. The permit may be reissued after the applicant requalifies meeting the requirements of subsection (e). (g) The examiner of drivers may waive the knowledge and skills tests specified in this section for any person who is at least twenty-one years of age and who possesses a valid commercial driver's license issued by any state of the United States, Mexico, or a province of Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial driver's licenses. To retain a hazardous materials endorsement, the applicant shall pass the knowledge test for a hazardous materials endorsement and be determined by the federal Transportation Security Administration not to pose a security risk warranting denial of the endorsement. [L 1989, c 320, pt of §2; am L 1990, c 342, §7; am L 1995, c 114, §§1, 2; am L 2003, c 18, §1, c 32, §1, and c 46, §1; am L 2004, c 103, §5; am L 2006, c 130, §4; am L 2011, c 121, §2]

HRS §286-236.5 Renumbered

286-236.5. Renumbered as §286-102.3.

HRS §286-238 Application for commercial driver's license.

286-238. Application for commercial driver's license. (a) The application for a commercial driver's license or commercial driver's instruction permit shall include the following with respect to the applicant: (1) The full name and current mailing, residential, and business addresses; (2) A physical description including sex and height; (3) Date of birth; (4) Social security number; (5) Signature; (6) Color photograph; (7) Certifications including those required by 49 Code of Federal Regulations, §383.71(a), except that this certification applies to both intrastate and interstate drivers; (8) 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 (9) 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 49 Code of Federal Regulations Part 383.5. (b) When a licensee's name, mailing, business, or residence address is changed, a notification of the change shall be given as provided in section 286-116.5. (c) No person who has been domiciled in this State for thirty days or more may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction. [L 1989, c 320, pt of §2; am L 1990, c 342, §8; am L 2003, c 46, §2; am L 2004, c 103, §6]

HRS §286-238.5 Hazardous materials endorsement.

286-238.5. Hazardous materials endorsement. The examiner of drivers shall not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver's license to any individual unless the federal Transportation Security Administration has determined that the individual does not pose a security risk warranting denial of the endorsement. [L 2006, c 130, §1]

HRS §286-239 Commercial driver's license

286-239. Commercial driver's license (a) Commercial driver's licenses may be issued with the following categories: (1) Category A – Any combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more; provided that the gross vehicle weight rating of the vehicles being towed is in excess of ten thousand pounds; (2) Category B – Any single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, or any such vehicle towing a vehicle not in excess of ten thousand pounds; and (3) Category C – Any single vehicle or combination of vehicles that meets neither the definition of category A nor that of category B, but that is either: (A) Designed to transport sixteen or more passengers, including the driver; or (B) Used in the transportation of hazardous materials which requires the vehicle to comply with title 49 Code of Federal Regulations part 172, subpart F. (b) Commercial drivers' licenses may be issued with any one or more of the following endorsements and restrictions: (1) "H" – Authorizes the driver to drive a vehicle transporting hazardous materials; (2) "L" – Restricts the driver to vehicles not equipped with air brakes; (3) "T" – Authorizes driving double and triple trailers; (4) "P" – Authorizes driving vehicles carrying passengers; (5) "N" – Authorizes driving tank vehicles; (6) "X" – Represents a combination of hazardous materials and tank vehicle endorsements; (7) "S" – Authorizes driving school buses; (8) "V" – Indicates there is information about a medical variance on the commercial driver's license information system driver record; (9) "K" – Restricts the driver from operating in interstate commerce as defined in title 49 Code of Federal Regulations section 390.5; (10) "Z" – Restricts the driver to vehicles not equipped with full air brakes; (11) "E" – Restricts the driver to vehicles not equipped with any manual transmission; (12) "O" – Restricts the driver to non-tractor trailer commercial motor vehicles; (13) "M" – Restricts the driver from operating a class A passenger vehicle; and (14) "N" – Restricts the driver from operating a class A and B passenger vehicle. (c) The holder of a valid commercial driver's license may drive all vehicles in the category for which the license is issued, and all lesser categories of vehicles except motorcycles and except vehicles which require an endorsement, unless the proper endorsement appears on the license. (d) Before issuing a commercial driver's license, the examiner of drivers shall complete a check of the applicant's driving record to determine whether the applicant is subject to any disqualification under section 286-240, or any license suspension, revocation, or cancellation under state law, and whether the applicant has a driver's license from more than one state or jurisdiction. The record check shall be made no earlier than twenty-four hours prior to the initial issuance or transfer and no sooner than ten days before renewals and upgrades of a commercial driver's license. The record check shall include but is not limited to the following: (1) A check of the applicant's driving record as maintained by the applicant's state of licensure; (2) A check with the commercial driver's license information system; (3) A check with the National Driver Register; and (4) A request for the applicant's complete driving record from all states where the applicant was previously licensed to drive any motor vehicle over the last ten years. This check is only required for drivers renewing a commercial driver's license for the first time after September 30, 2002; provided that a notation is made on the driver's record confirming the check has been made and the date it was done. (e) Within ten days after issuing a commercial driver's license, the examiner of drivers, in the following situations, shall provide the operator of the commercial driver's license information system with all information obtained by the examiner that is necessary to identify the licensee: (1) The issuance of each commercial driver's license; (2) The notation of any changes in driver identification information; and (3) The notation of any changes to the driver's driving record relating to the transfer of a commercial driver's license from one state to another. (f) Commercial driver's licenses shall expire as follows: (1) An initial or renewed commercial driver's license with a hazardous materials endorsement shall expire no later than five years from its date of issuance, except if the licensee is seventy-two years of age or older. The expiration date of a commercial driver's license with a hazardous materials endorsement shall be the same expiration date as the hazardous materials endorsement. If the licensee is seventy-two years of age or older, the initial or renewed commercial driver's license with a hazardous materials endorsement shall not exceed two years; and (2) All other initial commercial driver's licenses shall be valid for not more than an eight-year period, expiring on the driver's birthday. All other renewed licenses shall be valid for not more than an eight-year period from the expiration date of the previous valid license. With the exception of a commercial driver's license with a hazardous materials endorsement, the commercial driver's license shall expire on the next birthday of the licensee occurring not more than eight years after the date of issuance of the license unless sooner revoked, suspended, or canceled; provided that, unless sooner revoked, suspended, or canceled, the license shall expire on the second birthday of the licensee following the issuance of the license if at that time the licensee is seventy-two years of age or older. (g) When applying for renewal of a commercial driver's license, the applicant shall complete the required application form and provide updated information and required certifications. If the applicant desires to retain a hazardous materials endorsement, the knowledge test for a hazardous materials endorsement shall also be taken and passed by the applicant. The examiner of drivers shall complete a check of the applicant's driving record as required under subsection (d). [L 1989, c 320, pt of §2; am L 1990, c 342, §9; am L 1995, c 114, §3; am L 1998, c 93, §2; am L 2003, c 15, §1; am L 2004, c 103, §7; am L 2006, c 23, §1 and c 130, §5; am L 2010, c 83, §1; am L 2011, c 121, §3; am L 2013, c 114, §9; am L 2014, c 72, §4]

HRS §286-239.5 Reactivation of expired commercial driver's license; fees; road test waived

286-239.5. Reactivation of expired commercial driver's license; fees; road test waived (a) Unless revoked or suspended, and except as provided in subsection (b), any commercial driver's license that has expired under section 286-239 may be reactivated by the licensee in accordance with the requirements and procedures set forth for the renewal of commercial drivers' licenses under section 286-239(h). No person seeking reactivation of an expired commercial driver's license under this subsection shall be required to undergo reexamination of the person's driving skills under section 286-236. The examiner of drivers shall require the holder of an expired commercial driver's license to pay a reactivation fee of $5 for each thirty-day period, or fraction thereof, that has elapsed after a ninety-day grace period. (b) Any commercial driver's license not reactivated under subsection (a) within one year of the indicated date of expiration shall be invalid. The examiner of drivers shall examine an applicant whose commercial driver's license has been declared invalid under this subsection in accordance with the licensing procedures established under sections 286-236, 286-238, and 286-239. [L 1998, c 93, §1]

HRS §286-240 Disqualification, cancellation, and downgrade

286-240. Disqualification, cancellation, and downgrade (a) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of: (1) Driving a motor vehicle under the influence of alcohol, a controlled substance, or any drug that impairs driving ability; (2) Driving a commercial motor vehicle while the alcohol concentration of the driver's blood is 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood; (3) Refusing to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle as required under sections 286-243 and 291E-11; (4) Using a motor vehicle in the commission of any felony; (5) Leaving the scene of an accident involving the motor vehicle driven by the person; (6) Unlawful transportation, possession, or use of a controlled substance while on duty; (7) Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is otherwise disqualified from operating a commercial motor vehicle; or (8) Causing a fatality through the operation of a commercial motor vehicle, including through the commission of the crimes of manslaughter and negligent homicide in any degree. (b) The examiner of drivers shall disqualify any person for a period of not less than three years for any conviction of a violation of any offense listed in subsection (a) that is committed while a hazardous material required to be placarded under Title 49 Code of Federal Regulations, Part 172, Subpart F, is being transported. (c) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for life if the person is convicted two or more times for any of the offenses listed in subsection (a). (d) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any felony involving the manufacturing, distributing, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance. (e) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of not less than sixty days if the person is convicted of two serious traffic violations, or one hundred twenty days if the person is convicted of three serious traffic violations; provided that the violations are committed in a commercial motor vehicle and arise from separate incidents occurring within a three-year period. The one hundred twenty-day disqualification period required for a third conviction within three years of a serious traffic violation, as defined in section 286-231, shall be in addition to any other previously imposed period of disqualification. The disqualification periods specified in this subsection shall also apply to offenses committed while operating a noncommercial motor vehicle only if the conviction for the offense results in the revocation, cancellation, or suspension of the driver's license. (f) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle or from resubmitting an application for a period of not less than sixty days if the examiner of drivers finds that a commercial driver's license holder or applicant for a commercial driver's license has falsified information or failed to report or disclose required information either before or after issuance of a commercial driver's license. (g) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of not less than one hundred eighty days and not more than one year for a first violation, for at least two years and not more than five years for a second violation, and at least three years and not more than five years for a third or subsequent violation of a driver or vehicle out-of-service order committed in a commercial motor vehicle transporting non-hazardous materials arising from separate incidents occurring within a ten-year period. (h) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of not less than one hundred eighty days and not more than two years for a first violation and for at least three years and not more than five years for any subsequent violation of a driver or vehicle out-of-service order committed in a commercial motor vehicle transporting hazardous materials required to be placarded under Title 49 Code of Federal Regulations, Part 172, Subpart F, or designed to transport sixteen or more occupants including the driver; provided that each violation arises from separate incidents occurring within a ten-year period. (i) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of not less than sixty days if the person is convicted of a first violation, not less than one hundred twenty days if the person is convicted of a second violation during any three-year period, and not less than one year if the person is convicted of a third or subsequent violation during any three-year period of a federal, state, or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing: (1) For all drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train; (2) For all drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear; (3) For all drivers who are always required to stop, failing to stop before driving onto the crossing; (4) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping; (5) For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; or (6) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance. (j) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle if the driver's driving is determined to constitute an imminent hazard, as defined in section 286-231 and in accordance with the provisions of Title 49 Code of Federal Regulations section 383.52. (k) Beginning January 30, 2014, if a driver fails to provide the examiner of drivers with the certification required under Title 49 Code of Federal Regulations section 383.71(a)(1)(ii) or a current medical examiner's certificate if the driver self-certifies according to Title 49 Code of Federal Regulations section 383.71(a)(1)(ii)(A) that the driver is operating in non-excepted interstate commerce as required by Title 49 Code of Federal Regulations section 383.71(h), the examiner of drivers shall mark the commercial driver's license information system driver record as not-certified and initiate a commercial driver's license downgrade. [L 1989, c 320, pt of §2; am L 1990, c 342, §10; am L 1995, c 114, §4; am L 2002, c 70, §2; am L 2004, c 103, §8; am L 2006, c 130, §6; am L 2010, c 15, §1; am L 2011, c 67, §2 and c 121, §4]

HRS §286-241 Notification of disqualification, suspension,

286-241. Notification of disqualification, suspension, revocation, cancellation, marking medical certification status as not-certified, or downgrading of commercial driver's licenses or permits. (a) After disqualifying a person, or suspending, revoking, canceling, or marking a medical certification status as not-certified for a commercial driver's license or permit, the examiner of drivers shall update all records to reflect that action within ten days. Any disqualification imposed in accordance with section 286-240(j) and transmitted by the Federal Motor Carrier Safety Administration shall become a part of the driving record. After suspending, revoking, or canceling a nonresident commercial driver's license or permit, the examiner of drivers shall notify the licensing authority of the state that issued the commercial driver's license within ten days. The notification shall include information regarding any disqualification and the violation or violations that resulted in the disqualification, revocation, suspension, or cancellation. (b) Beginning January 30, 2012, the examiner of drivers, within ten calendar days of the expiration of a commercial driver's license driver's medical certification status or the expiration or rescission of a medical variance, shall change the medical certification status of that driver to not-certified. (c) Beginning January 30, 2012, within ten calendar days of receiving information from the Federal Motor Carrier Safety Administration regarding issuance or renewal of a medical variance for a driver, the examiner of drivers shall update the commercial driver's license information system driver record to include the medical variance information provided by the Federal Motor Carrier Safety Administration. (d) Beginning January 30, 2012, if a driver's medical certification or medical variance expires or if the Federal Motor Carrier Safety Administration notifies the examiner of drivers that a driver's medical variance was removed or rescinded, the examiner of drivers shall: (1) Notify the commercial driver's license holder of the holder's not-certified medical certification status and that the commercial driver's license privilege will be removed from the driver's license unless the driver submits a current medical certificate or medical variance; and (2) Initiate procedures for downgrading the license; provided that the commercial driver's license downgrade shall be completed and recorded within sixty days of the driver's medical certification status becoming not-certified to operate a commercial motor vehicle. (e) Beginning January 30, 2014, if a driver fails to provide the examiner of drivers with the certification required by Title 49 Code of Federal Regulations section 383.71(a)(1)(ii) or a current medical examiner's certificate if the driver self‑certifies according to Title 49 Code of Federal Regulations section 383.71(a)(1)(ii)(A) that the driver is operating in non‑excepted interstate commerce as required by Title 49 Code of Federal Regulations section 383.71(h) the examiner of drivers shall mark the commercial driver's license information system driver record as not-certified and initiate a commercial driver's license downgrade. [L 1989, c 320, pt of §2; am L 1990, c 342, §14; am L 1995, c 114, §5; am L 2004, c 103, §9; am L 2006, c 130, §7; am L 2011, c 121, §5]

HRS §286-241.4 Authority of examiner of drivers to suspend, revoke,

286-241.4. Authority of examiner of drivers to suspend, revoke, cancel, mark the medical certification status as not-certified, or downgrade commercial driver's license or permit. (a) The examiner of drivers may suspend, revoke, cancel, mark the medical certification status as not-certified, or downgrade any commercial driver's license or permit without a hearing when the examiner of drivers has probable cause to believe that the licensee is disqualified under section 286‑240. (b) The examiner of drivers shall deny or suspend any commercial driver's license pursuant to the terms of [section] 576D-13 when the examiner of drivers receives certification from the child support enforcement agency that the licensee is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Both the licensee and the licensee's employer shall be notified of the suspension. (c) Upon suspension, revocation, or cancellation of the commercial driver's license or permit, the driver's license or permit shall be surrendered to the examiner of drivers by the licensee or permittee. (d) Unless otherwise provided by law, the licensing authority shall reinstate, renew, or approve the license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court. [L 1990, c 342, pt of §3; am L 1995, c 114, §6; am L 1997, c 293, §13; am L 2009, c 46, §3; am L 2011, c 121, §6]

HRS §286-241.5 Notification and hearing

286-241.5. Notification and hearing When the examiner of drivers suspends, revokes, or cancels a commercial driver's license or permit under section 286-241.4(a), the examiner of drivers shall immediately notify the licensee and afford the licensee an opportunity for a hearing. [L 1990, c 342, pt of §3; am L 1997, c 293, §14]

HRS §286-241.6 Appeal to circuit court

286-241.6. Appeal to circuit court Any suspension, revocation, or cancellation of a commercial driver's license under section 286-241.4 may be appealed to the circuit court in which the applicant or licensee resides by filing a notice of appeal in that court within thirty days after being notified of the suspension, revocation, or cancellation. The appeal shall not operate as a stay to the order or decision appealed from. The appeal shall be subject to procedures and rules as may be prescribed by the court and the decision of the court shall be final except as otherwise provided in chapter 91. [L 1990, c 342, pt of §3]

HRS §286-242 Commercial drivers prohibited from operating with any alcohol in their body

286-242. Commercial drivers prohibited from operating with any alcohol in their body (a) Notwithstanding any other provision of this chapter, a person may not drive a commercial motor vehicle while having any alcohol in that person's body. (b) A person who drives a commercial motor vehicle with an alcohol concentration of 0.01 or more grams of alcohol per two hundred ten liters of breath or with 0.01 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood or who refuses to take a test as provided by section 286-243 shall be issued a twenty-four-hour out-of-service order. The driver shall also be placed out-of-service for twenty-four hours if the results of a blood test are not immediately available. (c) It is unlawful for any person with an alcohol concentration of 0.04 or more grams of alcohol per two hundred ten liters of breath or with 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood to drive a "commercial motor vehicle", as defined in section 286-2. Any person who violates this provision shall be subject to the penalties as provided in section 286-249. [L 1989, c 320, pt of §2; am L 1990, c 342, §11; am L 1995, c 114, §7; am L 2006, c 130, §8; am L 2011, c 67, §3]

HRS §286-243 Implied consent requirements for commercial motor vehicle drivers

286-243. Implied consent requirements for commercial motor vehicle drivers (a) A person who drives a commercial motor vehicle within this State is deemed to have given consent to submit to a test or tests, approved by the director of health, of that person's blood or breath for the purpose of determining that person's alcohol concentration or the presence of controlled substances, or both. (b) A test or tests may be administered at the direction of a law enforcement officer who, after lawfully stopping or detaining the commercial motor vehicle driver, has probable cause to believe that the driver was driving a commercial motor vehicle while having in the person's body alcohol, a controlled substance, or any drug which impairs driving. (c) A person requested to submit to a test as provided in subsection (a) shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in: (1) The officer immediately issuing a twenty-four hour out-of-service order under section 286-242; and (2) The person being disqualified from operating a commercial motor vehicle for at least a one-year period under section 286-240. (d) If the driver refuses testing, or submits to a test that indicates an alcohol concentration of 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood, the law enforcement officer shall submit an affidavit to a district judge of the circuit in which the driver was stopped or detained stating that the test was authorized pursuant to subsection (a) and that the driver refused to submit to testing, or submitted to a test that indicates an alcohol concentration of 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood. (e) A hearing to determine the truth and correctness of an affidavit of a law enforcement officer submitted under subsection (d) shall be scheduled to commence before a district judge within twenty days after the affidavit is filed or as soon thereafter as is practicable. The State shall be represented at the hearing by the prosecuting attorney of the county in which the alleged violation occurred. The district judge shall hear and determine: (1) Whether the law enforcement officer who stopped or detained the driver had probable cause to believe that the driver had been either driving or in actual physical control of a commercial motor vehicle, while having any alcohol in the driver's body; (2) Whether the driver was lawfully stopped or detained; (3) Whether the law enforcement officer informed the driver of the sanctions of section 286-240; (4) Whether the driver submitted to a test or tests of the driver's breath or blood or refused to be tested; and (5) If the driver submitted to a test or tests, whether the driver's alcohol concentration was 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood. The amount of alcohol found in the driver's blood within three hours after the time of the alleged violation as shown by chemical analysis or other analytical techniques of the defendant's blood or breath shall be competent evidence that the defendant was under the influence of intoxicating liquor at the time of the alleged violation. Nothing in this section shall be construed as limiting the introduction of relevant evidence of a person's blood alcohol content obtained more than three hours after an alleged violation; provided that the evidence is offered in compliance with the Hawaii rules of evidence. If the judge finds the statements contained in the affidavit are true, the judge shall disqualify the driver from driving a commercial motor vehicle as provided by section 286-240. [L 1989, c 320, pt of §2; am L 1990, c 342, §12; am L 1993, c 268, §7; am L 2011, c 67, §4]

HRS §286-244 Notification of traffic convictions

286-244. Notification of traffic convictions (a) Whenever a person who holds a commercial driver's license from another state is convicted of a violation of any state or county law relating to motor vehicle traffic control, other than a parking violation, in any type of vehicle, the examiner of drivers shall notify the licensing entity in the state where the driver is licensed of this conviction within the time period specified in subsection (c). (b) Whenever a person who does not hold a commercial driver's license but is licensed to drive by another state is convicted of a violation in a commercial motor vehicle of any state or county law relating to motor vehicle traffic control, other than a parking violation, the examiner of drivers shall notify the licensing entity in the state where the driver is licensed of this conviction within the time period specified in subsection (c). (c) The notification of a traffic violation conviction shall be made within thirty days of the conviction. Beginning on September 30, 2008, the notification shall be made within ten days of the conviction. [L 1989, c 320, pt of §2; am L 1990, c 342, §13; am L 2004, c 103, §10]

HRS §286-245 Driving record information to be recorded and furnished

286-245. Driving record information to be recorded and furnished (a) Whenever a person is convicted of a moving traffic violation based on a statute, ordinance, or rule, fails to appear for a hearing, trial, or other court or administrative proceeding on the moving traffic violation, or fails to pay a fine or court cost ordered for a moving violation, the state judiciary shall forward to the examiner of drivers the record of the conviction. The record of conviction shall include whether the offender was operating a commercial motor vehicle at the time of the offense, whether the offender was transporting hazardous materials requiring placarding under title 49 Code of Federal Regulations part 172, subpart F, the citation date, the conviction date, the citation number, the court in which the conviction occurred, and the offenses for which the person has been convicted. No record of conviction transmitted and maintained in the statewide traffic records system shall be used for purposes other than the licensing of drivers, including any record of: (1) Driving a motor vehicle under the influence of alcohol, a controlled substance, or any drug that impairs driving ability; (2) Driving a commercial motor vehicle while the alcohol concentration of the driver's blood is 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood; (3) Refusing to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle as required under sections 286-243 and 291E-11; (4) Using a motor vehicle in the commission of any felony; (5) Leaving the scene of an accident involving the motor vehicle driven by the person; (6) Unlawful transportation, possession, or use of a controlled substance while on duty; (7) Driving a commercial motor vehicle if, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial learner's permit or commercial driver's license has been revoked, suspended, or canceled, or the driver has been otherwise disqualified from operating a commercial motor vehicle; or (8) Causing a fatality through the operation of a commercial motor vehicle, including in the commission of the crimes of manslaughter and negligent homicide in any degree. (b) Within ten days of an in-state conviction and within ten days of the receipt of notice of an out-of-state conviction, the examiner of drivers shall record and maintain as part of the driver's record: (1) All convictions, disqualifications, and other licensing actions for violations in this State and out-of-state, of any law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle, by a holder of a commercial learner's permit or a commercial driver's license; and (2) All convictions, disqualifications, and other licensing actions for violations in this State and out-of-state, of any law relating to motor vehicle traffic control, other than a parking violation, committed while the driver was operating a commercial motor vehicle and was required to have a commercial learner's permit or commercial driver's license. (c) No commercial learner's permit or commercial driver's license driver's conviction for any violation in any type of motor vehicle of a state or local traffic control law, except a parking violation, shall be expunged or subject to deferred imposition of judgment nor shall an individual be allowed to enter into a diversion program that would prevent the conviction from appearing on the driver's driving record, whether the driver was convicted for an offense committed in this State or another state. (d) The state judiciary and the examiner of drivers shall make available to the greatest extent possible information from any driver's record required for enforcement of this section to the users designated in subsection (f) or their authorized agent, within ten days of: (1) Receiving the conviction or disqualification information from another state; or (2) Receiving the conviction information for a violation occurring in this State. (e) All convictions, disqualifications, and other licensing actions for violations shall be retained on each driver's record for at least three years or longer if required under title 49 Code of Federal Regulations section 384.231(d). (f) Only the following users or their authorized agents may obtain a driver's record: (1) States may receive all information regarding any driver's record; (2) The Secretary of Transportation may receive all information regarding any driver's record; (3) A driver may receive only information related to that driver's record; and (4) A motor carrier employer or prospective motor carrier employer may receive all information regarding an employee driver's driving record, or the driving record of a prospective employee driver; provided that the request is made by the driver. (g) The traffic and emergency period violations bureaus of the district courts, upon request, shall furnish users designated in subsection (f) with a certified driver record listing all convictions, disqualifications, and licensing actions in this State and notification of any action received from other states that are recorded and maintained by the examiner of drivers. The traffic and emergency period violations bureaus shall collect a fee for requests by users designated in subsection (f)(3) and (4), not to exceed $9, of which $5 shall be deposited into the general fund, $2 shall be deposited into the judiciary computer system special fund, and $2 shall be deposited into the highway fund. (h) Beginning January 30, 2012, the examiner of drivers shall: (1) Post on the commercial driver's license information system and maintain as part of the driver's record the driver's self-certification of type of driving under title 49 Code of Federal Regulations section 383.71(a)(1)(ii); (2) Retain for at least three years after the date of issuance the original or a copy of the medical certificate of any driver required to provide documentation of physical qualification; (3) Post within ten calendar days the information from the medical examiner's certificate to the commercial driver's license information system driver record, including: (A) The medical examiner's name; (B) The medical examiner's telephone number; (C) The date of issuance of the medical examiner's certificate; (D) The medical examiner's license number and the state that issued it; (E) The medical examiner's number issued by the national registry of medical examiners as required under title 49 United States Code section 31149(d); (F) The driver's medical certification status as certified or not-certified; (G) The expiration date of the medical examiner's certificate; (H) The existence of any medical variance on the medical certificate, such as an exemption or skill performance evaluation; (I) Any restrictions including corrective lenses, hearing aids, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and (J) The date the medical examiner's certificate information was posted to the commercial driver's license information system driver record; and (4) Record the commercial driver's license downgrade within sixty days of the driver's medical certification status becoming not-certified to operate a commercial driver's license. [L 1989, c 320, pt of §2; am L 1990, c 342, §15; am L 1993, c 268, §8; am L 1995, c 114, §8; am L 2004, c 103, §11; am L 2006, c 130, §9; am L 2011, c 121, §7; am L 2013, c 114, §15; am L 2021, c 185, §17]

HRS §286-246 Authority to make rules

286-246. Authority to make rules The director may adopt rules under chapter 91 necessary to carry out this part. L 1989, c 320, pt of §2; am L 1990, c 342, §16

HRS §286-247 Authority to enter agreements

286-247. Authority to enter agreements The director may enter into or make agreements, arrangements, or declarations to carry out the purposes of this part. L 1989, c 320, pt of §2; am L 1990, c 342, §16

HRS §286-248 Reciprocity

286-248. Reciprocity Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's license issued by any state, Mexico, or province or territory of Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses, if the person's driver's license is not suspended, revoked, or canceled; and if the person is not disqualified from driving a commercial motor vehicle, or subject to an out-of-service order. [L 1989, c 320, pt of §2; am L 1990, c 342, §16; am L 1993, c 268, §9]

HRS §286-249 Penalty

286-249. Penalty (a) Any person who drives a commercial motor vehicle in the State without a valid commercial driver's license or permit, or while the person's driving privileges are suspended, revoked, or canceled, or while disqualified from driving a commercial motor vehicle, shall be: (1) Disqualified from driving a commercial motor vehicle for a period of not less than one year and up to life; (2) Fined not less than $500 but not more than $1,000; and (3) Imprisoned not more than one year; provided that the court shall have discretion to impose either a fine or imprisonment, or both. (b) A driver who is convicted of violating an out-of-service order shall be fined not less than $2,500 nor more than $4,000 for a first conviction and not less than $5,000 nor more than $7,500 for a second or subsequent conviction, in addition to the driving disqualification of subsection (a)(1) and section 286-240(g) and (h). (c) Any person convicted under or found in violation of section 286-242(a) shall be fined not more than $200. (d) Notwithstanding subsection (a)(2), any person convicted under or found in violation of section 286-242(c) shall be fined not more than $500. [L 1990, c 342, pt of §3; am L 1995, c 114, §9; am L 2004, c 103, §12; am L 2009, c 46, §4]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0286/HRS_0286-.htmFetched: 11/10/2026