Hawaii Revised Statutes
286. Highway Safety
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:
(1) Meets the qualification standards of title 49 Code of Federal Regulations, part 391, subparts B and E;
(2) 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;
(3) Is domiciled in this State as defined in title 49 Code of Federal Regulations, part 383.5; and
(4) 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. The test examiners shall communicate with the applicant only in English during the skills test. 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. 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). 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. 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.
(b) 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).
(c) 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.
(d) 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.
(e) 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. 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. The licensed person shall occupy the seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. 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). 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.
(f) 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. 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. 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. 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.
(g) Every applicant shall successfully complete the commercial driver's license general knowledge test before being issued a commercial learner's permit. 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. Beginning February 7, 2022, except for a driver holding a valid commercial learner's permit or commercial driver's license 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. [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; am L 2013, c 114, §7; am L 2014, c 72, §1; am L 2020, c 67, §1 and c 70, §32; am L 2021, c 123, §2]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 17. Motor and Other Vehicles

286. Highway Safety

286-1 Short title.

286-2 Definitions.

286-3 Powers and duties of the governor.

286-4 REPEALED.

286-4.1 Medical advisory board.

286-5 State highway safety council.

286-6 County traffic or highway safety councils.

286-7 County highway safety programs.

286-7.5 Vision Zero.

286-8 Rules and regulations.

286-9 Facilities for physically handicapped persons.

286-10 Arrest or citation.

286-11 REPEALED.

286-12 All-terrain vehicle; utility-terrain vehicle; permitted use.

286-16 Powers and duties.

286-17 Enforcement.

286-18 Rules.

286-21 Vehicles and mopeds without required equipment or in unsafe condition.

286-22 Inspection by officers of the police department.

286-23 Responsibility for compliance.

286-24 Registered owner's responsibility; registration plates as prima facie evidence as to the fault of the registered owner.

286-25 Operation of a vehicle or moped without a certificate of inspection.

286-26 Certificates of inspection.

286-26.5 Special interest vehicles.

286-27 Permits to operate official inspection stations.

286-28 Fines.

286-29 Improper representation as official inspection station.

286-30 False certificates.

286-31 Vehicle inspector; certification; renewal.

286-41 Application for registration; full faith and credit to current certificates; this part not applicable to certain equipment.

286-42 County finance director's duties.

286-43 Defacing serial numbers, etc., of motor vehicles.

286-44 Unlawful to possess certain motor vehicles, parts, etc.; forfeiture.

286-44.5 Salvage certificate.

286-45 Records of county finance director.

286-46 Tax lien and encumbrance record.

286-47 Certificate of registration; certificate of ownership; containers.

286-47.2 Certificate of trailer registration.

286-47.5 Notice of change of address or name; penalty.

286-48 Certificates of ownership of salvaged motor vehicles.

286-49 Registration of vehicles under two or more names.

286-50 Registration of vehicle located outside State; correction of errors; fee for correcting errors.

286-51 Registration, expense.

286-51.5 Junking of nonrepairable vehicle.

286-52 Procedure when title of vehicle transferred; delivery of certificate mandatory.

286-52.4 Terminal rental adjustment clause; vehicle leases.

286-52.5 Procedure when registration of a trailer transferred.

286-53 Dealers in new motor vehicles.

286-53.1 Boat dealers; trailers without plates.

286-53.5 Permanent registration of fleet vehicles.

286-53.6 Fleet vehicles, fees.

286-54 Out-of-state vehicle permit.

286-55 Certificates lost or mutilated.

286-56 Official cars.

286-56.5 Special license plates for consul or official representative of foreign or territorial government.

286-57 Unlawful removal of motor vehicles from State.

286-58 Appeal from finance director's decision.

286-59 Appeal; procedure.

286-60 Rules of procedure; costs; appeal.

286-61 Penalty.

286-62 Special license plates authorized.

286-63 Shape, size and color of plates; how affixed.

286-64 Regulation plates to be surrendered.

286-65 Surrender, transfer, and disposal of special plates.

286-66 Director in charge.

286-67 Fees.

286-68 Interpretation of part.

286-69 Penalty.

286-71 Autocycles.

286-81 Motorcycle, motor scooter, moped, etc.; protective devices.

286-81.5 Leased or rented moped or motor scooter; flag required.

286-82 Penalty.

286-83 Sales of motor vehicle equipment; approval and identification required; prohibitions on use.

286-84 Revocation of approval.

286-85 Reconstructed vehicles, approval required.

286-86 Counterfeit air bags.

286-91 to 286-97 REPEALED.

286-101 Designation of examiner of drivers.

286-101.5 Reciprocal licensing privileges.

286-102 Licensing.

286-102.3 Commercial drivers under the age of twenty-one.

286-102.5 Military Selective Service Act; Selective Service System registration.

286-102.6 Provisional license for persons under the age of eighteen. (a) A person may be granted a provisional license to drive passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and...

286-103 Restrictions on driver's license; rules and regulations.

286-104 Which persons shall not be licensed.

286-104.5 Limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permits.

286-105 What persons are exempt from license

286-106 Expiration of licenses.

286-106.5 Expiration of licenses; out-of-country active duty military personnel and dependents.

286-107 License renewals; procedures and requirements.

286-107.5 Reactivation of expired license; fees; road test waived. (a) Unless revoked or suspended, and except as provided in subsection (b), all drivers' licenses expired under section 286-106 may be reactivated by the licensee in accordance with th...

286-108 Examination of applicants.

286-108.4 Driver education and behind-the-wheel driver training program.

286-108.5 REPEALED.

286-109 General provision governing the issuance of licenses.

286-109.4 Designation of advance health-care directive.

286-109.5 Designation of anatomical gift.

286-109.6 Limited access to driver's license anatomical gift data.

286-109.7 Organ and tissue education fee.

286-110 Instruction permits.

286-111 Application for license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit; fees.

286-111.5 Voter registration. (a) A qualified applicant for a new or renewed motor vehicle driver's license shall automatically be registered to vote with the clerk of the appropriate county upon completion of the driver's license application and app...

286-112 Application of minors; liability of parents or guardian.

286-113 Release from liability.

286-114 Revocation of license, provisional license, or instruction permit upon death of person signing minor's application.

286-115 REPEALED.

286-116 License, insurance identification card, possession, exhibition.

286-116.5 Notice of change of address or name; penalty.

286-117 Duplicate permits, provisional licenses, and licenses.

286-118 Records to be kept by the examiner of drivers.

286-118.5 License revoked for operating a vehicle under the influence of an intoxicant; eligibility for license renewal.

286-119 Authority of examiner of drivers to suspend or revoke licenses.

286-120 Authority of examiner of drivers to cancel licenses.

286-121 Suspending or revoking privileges of nonresident and reporting convictions, suspensions, and revocations.

286-122 Suspension of a license; surrender.

286-123 Record of conviction forwarded to examiner of drivers.

286-124 Mandatory revocation of license by a court.

286-125 Discretionary revocation or suspension of license by a court.

286-126 Period of suspension or revocation.

286-127 REPEALED.

286-128 Evaluation of nonresident driving privileges; reports of outside convictions; reports of convictions by courts-martial or United States commissioners.

286-129 Appeal to circuit court.

286-130 No operation under foreign license during revocation or suspension in this State.

286-131 Unlawful use of license.

286-132 Driving while license suspended or revoked.

286-133 Unlawful to permit unauthorized person to drive.

286-134 Employing unlicensed driver.

286-135 Renting motor vehicle to another.

286-136 Penalty.

286-137 District courts to keep records.

286-138 Prohibiting "fixing" of tickets and providing penalties therefor; nolle prosequi by prosecuting attorney only by motion and approval of court.

286-139 Preferred insurance rate.

286-140 REPEALED.

286-151 to 286-163 REPEALED.

286-171 Statewide traffic records system.

286-172 Furnishing of information.

286-181 Pupil transportation safety.

286-191 REPEALED.

286-201 Definitions.

286-202 General duties and powers of the director.

286-202.5 Driver improvement program.

286-202.6 Marking of motor carrier vehicles.

286-202.8 Mudguards; protective devices.

286-203 Enforcement.

286-204 Accounts, records, and reports.

286-204.5 Vehicle identification card.

286-205 Reports as evidence.

286-206 Penalty.

286-207 Exemptions, certain vehicles.

286-208 Exemptions, vehicles used by farmers.

286-209 Safety inspection of motor carrier vehicles.

286-210 Operation of a motor carrier vehicle without a safety inspection decal.

286-211 Permits to operate official inspection stations.

286-212 Suspension or revocation of permits.

286-213 Improper representation as official inspection station.

286-214 False certificates.

286-215 Fees and charges.

286-216 Fines, fees and charges.

286-221 Definitions.

286-222 General powers.

286-223 Scope.

286-224 Inspections.

286-225 Hazardous materials incident reporting.

286-226 Routes.

286-227 Penalty.

286-231 Definitions.

286-232 Limitation on number of driver's licenses.

286-233 Notification requirements.

286-234 Employer responsibilities.

286-235 Commercial driver's license required.

286-235.5 Persons exempt from licensure.

286-236 Commercial driver's license qualification standards.

286-236.5 Renumbered as §286-102.3.

286-237 REPEALED.

286-238 Application for commercial driver's license or commercial learner's permit.

286-238.2 Commercial learner's permit. (a) A commercial learner's permit shall be tamperproof; be marked with the words "commercial learner's permit" or "CLP" displayed prominently; include a statement that it is not valid for driving a commercial mo...

286-238.5 REPEALED.

286-239 Commercial driver's license.

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

286-240 Disqualification, cancellation, and downgrade.

286-241 Notification of disqualification, suspension, revocation, cancellation, marking medical certification status as not-certified, or downgrading of commercial driver's licenses or permits.

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.

286-241.5 Notification and hearing.

286-241.6 Appeal to circuit court.

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

286-243 Implied consent requirements for commercial motor vehicle drivers.

286-244 Notification of traffic convictions.

286-245 Driving record information to be recorded and furnished.

286-246 Authority to make rules.

286-247 Authority to enter agreements.

286-248 Reciprocity.

286-249 Penalty.

286-251 to 286-266 REPEALED.

286-271 Interisland shipping of vehicles; proof required.

286-301 Issuance of identification card or temporary card.

286-301.5 Non-compliant identification cards.

286-302 Oaths and investigations.

286-303 Application for identification card.

286-303.5 Voter registration. (a) A qualified applicant for a new, renewal, or duplicate identification card shall automatically be registered to vote with the clerk of the appropriate county upon completion of an application for identification card...

286-304 Procedure

286-305 Contents and characteristics; form.

286-306 Expiration; renewal; replacement.

286-307 Identification cards not to be altered; duties of holder; lost certificates.

286-308 Correction or alteration of records and identification cards in cases of error or subsequent changes concerning names, citizenship, description, etc.

286-309 Rules.

286-310 Forms.

286-311 Custody and use of records; confidential information.

286-312 Civil identification card fee special fund.

286-313 Reimbursement to counties.