Report Title:
Commercial Driver Licenses
Description:
Conforms certain penalties to federal regulations; imposes penalties for operating a commercial motor vehicle with alcohol concentration of 0.04 per cent or more.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
485 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-234, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
(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 [$11,000] $25,000."
SECTION 2. Section 286-241.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"§286-241.4 Authority of examiner of
drivers to suspend, revoke, or cancel commercial driver's license or permit.
(a) The examiner of drivers may suspend, revoke, [or cancel] cancel,
or disqualify 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[(c) through (h)]."
SECTION 3. Section 286-249, Hawaii Revised Statutes, is amended to read as follows:
"§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 [$1,100 nor more than
$2,750] $2,500 for the first conviction and not less than $5,000 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 found in violation of section 286-242(a) shall be fined not more than $200.
(d) Any person found in violation of section 286-242(c) shall be fined not more than $500."
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.
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INTRODUCED BY: |
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