Bill Text: HI HB2491 | 2024 | Regular Session | Amended
Bill Title: Relating To Commercial Driver's Licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-04-22 - Received notice of House agreement and passage on Final Reading (Hse. Com. No. 782). [HB2491 Detail]
Download: Hawaii-2024-HB2491-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2491 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO COMMERCIAL DRIVER'S LICENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. Section 286-234, Hawaii Revised Statutes, is amended to read as follows:
"§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 motor carrier operation, is subject to an out-of-service order;
(4) During any period in which the driver does not have a current commercial learner's permit or commercial driver's license or does not have the proper class, restrictions, and endorsements; or
(5) 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] no 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] no more than $300; and
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]
no 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.] a
civil penalty of no less than $6,974 or more than $38,612.
(e)
Any employer who is convicted of a violation of subsection (b)(4) shall
be subject to a civil penalty of [not] no more than $10,000.
(f) Any employer who is convicted of a violation of subsection (b)(5) shall be subject to a civil penalty of no more than $20,017."
SECTION 3. Section 286-249, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) A driver who is
convicted of violating an out-of-service order shall be [fined no less than
$2,500 nor more than $4,000 for a first conviction and no less than $5,000 nor
more than $7,500 for a second or subsequent conviction,] subject to a
civil penalty of no less than $3,861 for a first conviction and no less than
$7,723 for a second or subsequent conviction, in addition to the driving
disqualification of subsection (a)(1) and section 286-240(i) and (j)."
SECTION 4. This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
SECTION 5. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Commercial Driver's Licenses Violations; Federal Penalties; Federal Motor Carrier Safety Regulations
Description:
Amends existing state law to adopt federal penalties for commercial driver's license violations. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
