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SB1482
THE SENATE
S.B. NO.
1482
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO COMMERCIAL DRIVERS LICENSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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Section
286-236, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:
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�286-236
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Commercial driver's license qualification
standards.
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(a)
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No person shall be issued a commercial
driver's license unless that person:
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(1)
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Meets
the qualification standards of title 49 Code of Federal Regulations, part 391,
subparts B and E;
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(2)
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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;
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(3)
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[
Is domiciled in the
State as defined in title 49 Code of Federal Regulations, part 383.5;
]
Provides
to the State proof of citizenship or lawful permanent residency as specified in
Table 1 to title 49 Code of Federal Regulations, section 383.71, as amended
October 14, 2021, or obtains a non-domiciled commercial learner
'
s permit or non-domiciled commercial driver
'
s license as provided in title 49 Code of Federal Regulations,
section 383.71(f), that shall be issued as a limited-term commercial learner
'
s permit and limited-term commercial driver
'
s license;
and
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(4)
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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.
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The test examiners
shall communicate with the applicant only in English during the skills test.
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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(b)(1)(i), non-excepted interstate, is certified.
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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(b)(5) and in accordance with title 49 Code of Federal
Regulations section 383.73(o).
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A person
who is not physically qualified to drive under title 49 Code of Federal
Regulations section 391.41(b)(1) or (2) and who is otherwise qualified to drive
a motor vehicle may be granted an intrastate waiver by the director.
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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; provided that the intrastate waiver requests shall
be submitted to the director.
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(b)
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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 title 49 Code of Federal Regulations
section 383.77 or 383.123(b).
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(c)
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A commercial driver's license or commercial
learner's 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.
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(d)
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A commercial learner's permit may be issued to
an individual who holds a valid driver's license, is at least eighteen years of
age, meets the qualification standards of title 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.
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(e)
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The commercial learner's permit shall not be
valid for a period in excess of one hundred eighty days from the date that the
applicant passes the general and all required endorsement knowledge tests;
provided that, if the applicant is not required to take a knowledge test, the
period shall start when the permit is issued.
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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.
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The licensed person shall occupy the seat
beside the individual for the purpose of giving instruction in driving the
commercial motor vehicle.
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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).
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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.
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(f)
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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.
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The examiner of drivers shall accept the test
scores of a Hawaii commercial learner's permit holder who completes training in
another state in the United States and is tested in compliance with federal
motor carrier safety regulations by that state in association with the
training.
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The testing state shall
electronically transmit in a secure manner the skills test results directly to
the examiner of drivers, and if the applicant passed, and meets all other
requirements, a Hawaii commercial driver's license shall be issued.
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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.
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(g)
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Every applicant shall successfully complete
the commercial driver's license general knowledge test before being issued a
commercial learner's permit.
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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 before
obtaining a commercial learner's permit.
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Beginning February 7, 2022, except for a
driver holding a valid commercial driver's license or commercial learner's
permit that was obtained before 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 before
taking the skills test for a class A or class B commercial driver's license,
passenger endorsement, or school bus endorsement, and before taking the
knowledge test for a hazardous materials endorsement.
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(h)
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Beginning November 18, 2024, the examiner of drivers shall not issue,
renew, transfer, or upgrade a commercial driver's license; renew the hazardous
materiala endorsement; or issue, renew, or upgrade a commercial learner's
permit; if the results of a query to the Federal Motor Carrier Safety
Administration's Drug and Alcohol Clearinghouse is that the driver is
prohibited from operating a commercial motor vehicle."
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SECTION 2.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Department of Transportation; Limited-Term Non-Domiciled Commercial
Driver's Licenses and Non-Domiciled Commercial Learner's Permits; Federal Motor
Carrier Safety Administration
Description:
Amends section 286-236, HRS, to meet current federal
regulations to allow the State to issue a limited-term non-domiciled commercial
learner's permit and non-domiciled commercial driver's license for applicants
who are unable to provide proof of citizenship or lawful permanent residency.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.