§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. 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(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) 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. 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 prior to obtaining a commercial
learner's permit. [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]
