reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-202.8 Mudguards; protective devices.

§286-202.8 Mudguards; protective devices.
(a)
A commercial motor vehicle shall not be operated on the public highways unless the vehicle is equipped with fenders, covers, or other devices, including flaps or splash aprons, to minimize the spray or splash of water or mud to the rear of the vehicle.
(b) Violation of this section shall be subject to a fine of $50, notwithstanding section 286-206. [L 2005, c 134, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-203 Enforcement.

§286-203 Enforcement.
For purposes of the enforcement of this part, the director of transportation shall have any powers of enforcement as may be necessary to implement this part. The director may delegate the enforcement of this part to county executive officers. For the purpose of the safety, welfare, and health of the general public, and the safe transportation of hazardous materials and waste on any public highway, and the enforcement of this part and of all rules adopted pursuant to this part, the director, persons appointed by the director, and the county executive officers to whom powers of enforcement are delegated may:
(1) Inspect lands, buildings, freight, and equipment of motor carriers;
(2) Stop and inspect freight and equipment of motor carriers and the military on any public highway; and
(3) Inspect shipping papers and hazardous waste manifests of motor carriers and persons subject to this part.
Every state and county officer charged with enforcement of laws and ordinances shall assist in the enforcement of this part and of all rules adopted pursuant to this part and issue citations for violations as appropriate. [L Sp 1977 1st, c 20, pt of §1; gen ch 1985; am L 1986, c 299, §1; am L 2020, c 70, §31]
Cross References
Transportation of hazardous materials, see § §286-221 to 286-227.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-204 Accounts, records, and reports.

§286-204 Accounts, records, and reports.
(a) The director may require annual, periodic, or special reports from all motor carriers, prescribe the manner and form in which the reports shall be made, and require from the carriers specific and full, true, and correct answers to all questions which the director may deem necessary for the safety regulation of motor carrier vehicles.
(b) The director may prescribe the forms of any and all records and memoranda to be maintained by motor carriers as related to safety of motor carrier operations. The director or the director's duly authorized representative shall at all reasonable times and places have access to and authority, under the director's or representative's order, to inspect and examine any and all equipment of motor carriers and shall have authority to inspect and copy any and all books, records, memoranda, and other documents as are related to the safety of motor carrier operations.
(c) Each motor carrier operating vehicles in the State shall keep all records and reports required by this section at an office or place of business located within the State. [L Sp 1977 1st, c 20, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-204.5 Vehicle identification card.

§286-204.5 Vehicle identification card.
(a) A motor carrier shall file with the director a form prescribed by the director containing a description of the commercial motor vehicle registered to the motor carrier. There shall be one form per vehicle. The form shall be filed when:
(1) The original application for a safety clearance is filed with the director;
(2) A new commercial motor vehicle is placed in service;
(3) A commercial motor vehicle is withdrawn from service; and
(4) New state license plates are issued for a commercial motor vehicle; provided that the form shall be filed not more than five days, including weekends and holidays, after the issuance of the plates.
(b) Upon the filing under subsection (a), the director shall issue a motor vehicle identification card for that commercial motor vehicle. The card shall contain information sufficient to identify the owner of the vehicle and other information deemed necessary by the director.
(c) A motor carrier shall inform the director, by filing a form prescribed by the director, of when a commercial motor vehicle registered to the motor carrier is disposed of, transferred, sold, or otherwise taken out of service by that carrier. The motor carrier shall surrender the vehicle identification card to the director with the filing of the form by affixing the card thereto. [L 2005, c 134, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-205 Reports as evidence.

§286-205 Reports as evidence.
Any report by any motor carrier of any accident occurring in the course of its operation, made pursuant to any requirement of the director or any other lawful authority, and any report by the director or any police department of any such vehicle accident, may be admitted as evidence in any suit or action for damages growing out of any matter mentioned in the report or investigation. [L Sp 1977 1st, c 20, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-206 Penalty.

§286-206 Penalty.
Unless indicated otherwise, any motor carrier or any agent, employee, or representative thereof, who wilfully and knowingly fails, neglects or refuses to perform any act required by this part or by rules adopted by the director under this part shall be fined not more than $2,000 for each separate offense. Each date of violation shall constitute a separate offense. An action to impose or collect the penalty provided in this section shall be considered a civil action. [L Sp 1977 1st, c 20, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-207 Exemptions, certain vehicles.

§286-207 Exemptions, certain vehicles.
This part shall not apply to the following vehicles, if such vehicles are in compliance with safety ordinances and rules of the county in which they operate and other applicable state safety laws and rules:
(1) Trucks, truck-trailers, trailers, or other nonpassenger carrying equipment having a gross vehicle weight rating of 10,000 pounds or less, except vehicles used in transporting material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. section 5103 and transported in a quantity requiring placarding under 49 C.F.R., subtitle B, chapter I, subchapter C;
(2) Taxicabs as described in section 271-5(3)(B);
(3) Passenger carrying vehicles used by employees solely for their own transportation to, from, and during work;
(4) Passenger carrying vehicles with a gross vehicle weight of 10,000 pounds or less used in car or van pools to transport less than sixteen individuals for the movement of passengers to and from work;
(5) A passenger carrying vehicle used for the transportation, without compensation, of persons for personal, recreational, or entertainment purposes;
(6) A passenger carrying vehicle with a gross vehicle weight rating of 10,000 pounds or less used solely for the transportation, without compensation, of the vehicle owner, the vehicle owner's family or guests; and
(7) A passenger carrying vehicle with a gross vehicle weight rating of 10,000 pounds or less used for the transportation, without compensation, of persons for the furtherance of their physical or mental rehabilitation or for social welfare activities. [L Sp 1977 1st, c 20, pt of §1; am L 1979, c 119, §3; gen ch 1985; am L 2010, c 14, §1; am L 2014, c 142, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-209 Safety inspection of motor carrier vehicles.

§286-209 Safety inspection of motor carrier vehicles.
(a) Motor carrier vehicles, including but not limited to trucks, truck-tractors, semitrailers, trailers, or pole trailers, having a gross vehicle weight rating of more than ten thousand pounds, motor carrier vehicles having a gross vehicle weight rating of ten thousand pounds or less which transport passengers in the furtherance of a commercial enterprise, including car rental transport vehicles, and motor carrier vehicles used in transporting material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. section 5103 and transported in a quantity requiring placarding under 49 C.F.R., subtitle B, chapter I, subchapter C, shall be inspected and certified annually.
(b) The director shall adopt rules pursuant to chapter 91 for motor carrier vehicle safety inspections, the issuance of certificates of safety inspection, the affixing of motor carrier vehicle safety inspection decals, and the acceptance of certificates of safety inspection issued in other jurisdictions.
(c) The director shall collect a fee of $1.50 for each motor carrier vehicle safety inspection decal issued by motor carrier vehicle inspection stations. All moneys collected shall be paid into the state highway fund.
(d) A fee of no more than $12 shall be charged by a motor carrier inspection station for each safety inspection performed.
(e) For the purposes of this section, "car rental transport vehicles" means motor carrier vehicles used to transport customers to or from car rental sites. [L Sp 1977 1st, c 20, pt of §1; am L 1985, c 246, §1 and c 274, §1; am L 2002, c 138, §2; am L 2005, c 3, §1; am L 2007, c 43, §1; am L 2010, c 14, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-210 Operation of a motor carrier vehicle without a safety inspection decal.

§286-210 Operation of a motor carrier vehicle without a safety inspection decal.
Whoever operates, permits the operation of, causes to be operated, or parks any motor carrier vehicle on a public highway without a current motor carrier vehicle safety inspection decal, issued under section 286-209, shall be fined $100 for each day of the violation. [L Sp 1977 1st, c 20, pt of §1; am L 1993, c 214, §9]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-211 Permits to operate official inspection stations.

§286-211 Permits to operate official inspection stations.
(a) The director shall issue permits for and furnish instructions and all forms to official inspection stations. The stations shall operate pursuant to standards established by the director.
(b) Application for an official inspection station permit shall be made upon an official form and shall be granted only when the director is satisfied that the station is properly equipped and has competent personnel to make the required inspections. Before issuing a permit, the director shall require the applicant to file proof that the applicant has, in effect, a liability insurance policy, issued to the applicant by an insurance company, authorized to do business in the State, insuring against the liability of the applicant and any of the applicant's employees, in minimum amounts as follows: comprehensive public liability insurance in the amount of $10,000 for one person and $20,000 for one accident and comprehensive property damage insurance of $5,000, provided that the director may, by rules and regulations, set higher limits; provided that the proof of insurance need not be filed by an applicant who inspects only vehicles owned by the applicant; and provided further that the proof of insurance need not be filed by instrumentalities of the United States.
(c) A permit for an official inspection station shall not be assigned or transferred or used at any location other than that designated by the director and every permit shall be posted in a conspicuous place at the location so designated. [L Sp 1977 1st, c 20, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-212 Suspension or revocation of permits.

§286-212 Suspension or revocation of permits.
The director shall supervise and cause inspections to be made of official inspection stations and shall suspend or revoke and require the surrender of the permit issued to a station which the director finds is not properly conducting inspections. The director shall maintain and post at the department lists of all stations holding permits and those whose permits have been suspended or revoked. [L Sp 1977 1st, c 20, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-213 Improper representation as official inspection station.

§286-213 Improper representation as official inspection station.
Any person who in any manner represents that the business operated at any location is an official inspection station without a permit issued by the director under section 286-211, or any person other than a person operating an inspection station under a permit granted by the director who issues a certificate of inspection shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L Sp 1977 1st, c 20, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-214 False certificates.

§286-214 False certificates.
Any person who makes, issues, or knowingly uses any imitation or counterfeit of an official certificate of inspection, or any person who displays or causes or permits to be displayed upon any vehicle any certificate of inspection knowing the same to be issued for another vehicle or issued without an inspection having been made or issued without authority as provided herein shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L Sp 1977 1st, c 20, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-215 Fees and charges.

§286-215 Fees and charges.
The director shall establish fair and reasonable fees for applications for approval of plans and specifications for construction or modification of a motor vehicle or class of motor vehicles in Hawaii which will at any time be operated upon the highways as provided in section 286-202(12). [L Sp 1977 1st, c 20, pt of §1; am L 1978, c 159, §5]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-216 Fines, fees and charges.

§286-216 Fines, fees and charges.
All moneys collected under this part shall be paid into the state highway fund and shall be expended for the purpose of this part. [L Sp 1977 1st, c 20, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-221 Definitions.

Note
Part heading amended by L 1996, c 134, §1; am L 2000, c 86, §1.
Cross References
Environmental response law, see chapter 128D.
Hazardous waste management, see chapter 342J.
§286-221 Definitions.
As used in this part, unless the context otherwise requires:
"Hazardous material" means a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, infectious substances, medical wastes, marine pollutants, elevated temperature materials, and materials that meet the defining criteria for hazard classes and divisions in Title 49, Code of Federal Regulations, Part 173.
"Hazardous materials incident" means an occurrence or likely occurrence or potential of a spill, release, leakage, dumping, or loss of control of a hazardous material during the course of transportation in commerce including loading, unloading, or temporary storage.
"Hazardous substance" means any material, including its mixtures and solutions, defined under Title 49, Code of Federal Regulations, Part 171.
"Hazardous waste" means any material designated in Title 40, Code of Federal Regulations, Part 261 and which are subject to the hazardous waste manifest requirements of Title 40, Code of Federal Regulations, Part 262.
"Infectious substance" means a viable microorganism, or its toxin, which causes or may cause disease in humans and animals, or which is further described as an infectious substance in Title 49, Code of Federal Regulations, Part 173.
"Medical waste" means for transportation purposes, shipments of medical waste material generated in the diagnosis, treatment, or immunization of human beings and animals, in research pertaining thereto, in the production or testing of biologicals, or which are further described as regulated medical waste in Title 49, Code of Federal Regulations, Part 173. [L 1989, c 185, pt of §2; am L 1996, c 134, §2; am L 2000, c 86, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-222 General powers.

§286-222 General powers.
(a) The department of transportation may regulate the transportation of hazardous materials by motor carrier in commerce.
(b) The department shall annually adopt the hazardous material regulations established by the United States Department of Transportation and published in Title 49, Code of Federal Regulations, Parts 107, 171 to 173, inclusive, and Parts 177, 178, and 180. All other rules adopted by the State and political subdivisions thereof shall be consistent therewith.
(c) Any hazardous material which meets the federal and state criteria of a hazardous material must be handled and transported according to the appropriate requirements of the federal hazardous materials regulations and the additional requirements in this part. [L 1989, c 185, pt of §2; am L 1996, c 134, §3; am L 2000, c 86, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-223 Scope.

§286-223 Scope.
(a) The federal rules establish minimum standards and must be complied with when transporting a hazardous material by motor carrier in commerce.
(b) Transport shall be deemed to include any operation incidental to the whole course of carriage by motor carrier from shippers point of origin to final destination, including storage incidental to transportation while under active shipping papers and prior to the hazardous material reaching the ultimate consignee.
(c) No person shall transport any hazardous material outside the confines of the person's facility or other location of storage or use, or offer or deliver any hazardous materials to a motor carrier for transportation in commerce, nor shall any motor carrier accept any hazardous materials for transport, without compliance with the applicable requirements of the hazardous material rules adopted by the department, including those relating to packaging of hazardous materials, marking and labeling of packages, preparation and carriage of shipping papers or manifests, handling, loading, and unloading packages, placarding of the transporting vehicle, training of employees, inspection of motor carrier vehicles, and motor carrier accident and hazardous materials incident reporting.
(d) No person in the course of transportation in commerce, shall spill, dump, deposit, or cause the release of a hazardous material upon a public highway, street, or the surrounding or connecting property, including but not limited to, storm drains, gutters, harbors, waterways, canals, lakes, and ocean shorelines, without immediately taking action to stop the spread of the material or remove the same or cause the same to be removed. If such person fails to comply with this subsection, the governmental agency responsible for the maintenance of the highway, street, or property on which the material was deposited may remove such materials and collect, by civil action, if necessary, the actual cost of the removal operation and repair of damage to the affected facility or property from the person responsible as stated in this subsection. [L 1989, c 185, pt of §2; am L 1996, c 134, §4; am L 2000, c 86, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-224 Inspections.

§286-224 Inspections.
(a) Any shipment or transport of hazardous materials by motor vehicle in commerce of which vehicle placarding or a shipping paper or manifest is required by the hazardous materials regulations adopted by the State, is subject to inspection by persons appointed by the director of transportation to enforce the safe transportation of hazardous materials in commerce and by those state and county officers charged with the enforcement of laws and ordinances adopted pursuant to this part.
(b) All carriers and persons that use a highway or street to transport hazardous materials in commerce shall afford the director of transportation, persons designated by the director, and those persons designated by the county executive officers, reasonable opportunity to enter and inspect freight containers, and motor vehicles, to review and document deficiencies on shipping papers and manifests, and to inspect other places incidental to the transshipment of hazardous materials by motor carrier vehicles. [L 1989, c 185, pt of §2; am L 1996, c 134, §5; am L 2000, c 86, §5]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-225 Hazardous materials incident reporting.

§286-225 Hazardous materials incident reporting.
(a) Any employee of the motor carrier, the driver, handlers, and loaders, and any employees of state and county governments shall report hazardous materials incidents as follows:
(1) Upon becoming aware of or observing the potential or actual spill, leakage, or loss of control of a hazardous material, shall immediately, or as soon as possible, notify the nearest police or fire department and make a report of the situation. This incident reporting requirement does not relieve a carrier or shipper of the responsibility to notify the United States Department of Transportation, state department of health, or local emergency planning committee of certain hazardous materials incidents.
(2) Whenever an infectious substance shipment is lost, stolen, or suspected or known to be leaking from its containment packaging, shall immediately, or as soon as possible, notify the state department of health, and the Centers for Disease Control [and Prevention] in Atlanta, Georgia, and make a report of the situation.
(3) Spillage or loss of control of a regulated medical waste shipment in commerce shall be reported immediately, or as soon as possible to the state department of health.
(b) Whenever possible, the incident report should include:
(1) The name and telephone number of the person calling in the report;
(2) The name of the carrier;
(3) Type of vehicle involved;
(4) Injuries or fatalities connected with the incident, if any;
(5) The location and time of the incident;
(6) The duration of a chemical release into the environment, if known;
(7) A description of hazards involved to include the chemical name or identity of any substance released;
(8) Hazardous materials classification, markings, and information on labels and placards affixed on packages, containers or vehicles; and
(9) Emergency actions taken including evacuation to minimize hazardous effects to public health, safety, and property.
(c) A copy of any written notification required under Title 49, Code of Federal Regulations, Part 171 shall be provided to the state director of transportation. [L 1989, c 185, pt of §2; am L 1996, c 134, §6; am L 2000, c 86, §6]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-226 Routes.

§286-226 Routes.
The intrastate shipment of explosives of any quantity that would require placarding of the transporting motor vehicle by the rules adopted pursuant to this part, shall not take place without first giving the police department and the fire department of the county in which the explosives are to be transported a forty-eight hour minimum advance notice. This advance notice shall be in writing and indicate the quantity and type of explosive material being shipped, the date and time of the shipment, and the route over which the explosive shipment will travel. This provision does not apply to the military during the period of an emergency or disaster proclaimed by the President, the governor, or a county mayor. [L 1989, c 185, pt of §2; am L 2014, c 111, §11]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-227 Penalty.

§286-227 Penalty.
(a) Any person who violates this part or any rule adopted pursuant to this part shall be subject to a civil penalty of not more than $10,000 for each violation. Each day the violation continues shall constitute a separate offense. An action to impose or collect the penalty provided in this section shall be considered a civil action.
(b) Any person who wilfully violates this part shall be subject to a criminal penalty of not more than $25,000 for each violation, imprisonment for a term not to exceed five years, or both. [L 1989, c 185, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-232 Limitation on number of driver's licenses.

§286-232 Limitation on number of driver's licenses.
No person who drives a commercial motor vehicle may have more than one driver's license. [L 1989, c 320, pt of §2; am L 1990, c 342, §16; am L 1993, c 268, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-233 Notification requirements.

§286-233 Notification requirements.
(a) Any driver of a commercial motor vehicle holding a commercial driver's license or a commercial learner's permit issued by this State who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state, or federal, provincial, territorial, or municipal laws of Canada or Mexico, other than parking violations, in any type of motor vehicle, shall notify the examiner of drivers in the manner specified by the director within thirty days of the date of conviction. Any driver of a commercial motor vehicle holding a commercial driver's license or a commercial learner's permit issued by this State, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, or federal, provincial, territorial, or municipal laws of Canada or Mexico, other than parking violations, in any type of motor vehicle, shall notify the person's current employer in writing of the conviction within thirty days of the date of conviction.
(b) Each commercial driver whose driver's license or permit is suspended, revoked, or canceled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify the person's current employer of the suspension, revocation, or cancellation before the end of the business day following the day the driver received notice of the suspension, revocation, cancellation, or disqualification.
(c) The written notice to the examiner of drivers and current employer as required by subsection (a) shall contain the following information:
(1) Driver's full name;
(2) Driver's license number;
(3) Date of conviction;
(4) Each specific criminal or other offense, or serious traffic violation of state or local law relating to motor vehicle traffic control, of which the person was convicted, and any suspension, revocation, or cancellation of driving privileges which resulted from that conviction;
(5) Indication whether the violation was in a commercial motor vehicle;
(6) Location of offense; and
(7) Driver's signature.
(d) Each person who drives a commercial motor vehicle and applies for employment as a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
(1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) The dates between which the applicant drove for each employer; and
(3) The reason for leaving each employer.
The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. [L 1989, c 320, pt of §2; am L 1990, c 342, §5; am L 1993, c 268, §4; am L 2013, c 114, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-234 Employer responsibilities.

§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 the 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 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 more than $300; 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 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.
(e) Any employer who is convicted of a violation of subsection (b)(4) shall be subject to a civil penalty of not more than $10,000. [L 1989, c 320, pt of §2; am L 1990, c 342, §16; am L 1992, c 93, §1; am L 1993, c 268, §5; am L 1996, c 135, §3; am L 2002, c 70, §1; am L 2004, c 103, §4; am L 2009, c 46, §1; am L 2013, c 114, §5]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-235 Commercial driver's license required.

§286-235 Commercial driver's license required.
(a) No person shall drive a commercial motor vehicle unless the person holds a valid commercial driver's license and valid applicable endorsements and restrictions for the vehicle the person is driving, except when driving under a commercial learner's permit and accompanied by the holder of a valid commercial driver's license for the vehicle being driven.
(b) No person shall operate a commercial motor vehicle without a commercial driver's license in such person's possession.
(c) No person shall drive a commercial motor vehicle while the person's driver's license or permit is suspended, revoked, or canceled, or while subject to a disqualification.
(d) No person shall drive a commercial motor vehicle in violation of an out-of-service order. [L 1989, c 320, pt of §2; am L 1990, c 342, §6; am L 2009, c 46, §2; am L 2012, c 311, §3; am L 2013, c 114, §6]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-235.5 Persons exempt from licensure.

§286-235.5 Persons exempt from licensure.
The following persons shall be exempt from licensure under this part:
(1) Individuals who operate commercial motor vehicles for military purposes. This exception is limited to active-duty military personnel, members of the military reserves, members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), and active-duty United States Coast Guard personnel. This exception is not applicable to United States reserve technicians; and
(2) Federal, state, and county firefighters, and law enforcement officers who drive federal, state, or county fire trucks, including fire pumpers, aerial ladder trucks, and elevated platform trucks, or authorized emergency vehicles; provided that they are trained by the federal, state, or county government and the commercial motor vehicles are equipped with audible and visual signals and are not subject to normal traffic regulation. For purposes of this paragraph, "authorized emergency vehicle" shall have the same meaning as in section 291C-1. [L 1990, c 342, pt of §3; am L 1996, c 16, §1; am L 2002, c 29, §1; am L 2006, c 130, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-238 Application for commercial driver's license or commercial learner's permit.

§286-238 Application for commercial driver's license or commercial learner's permit.
(a) The application for a commercial driver's license or commercial learner's permit shall include the following with respect to the applicant:
(1) Certifications including those required by title 49 Code of Federal Regulations section 383.71(a), except that this certification applies to both intrastate and interstate drivers;
(2) The names of all states where the applicant has previously been licensed to drive any type of motor vehicle during the previous ten years; and
(3) Any other information required by section 286-111.
The applicant shall produce proof of residency to show the applicant's state of domicile as defined in title 49 Code of Federal Regulations section 383.5.
(b) When a licensee's name, mailing, business, or residence address is changed, a notification of the change shall be given as provided in section 286-116.5.
(c) No person who has been domiciled in this State for thirty days or more may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction. [L 1989, c 320, pt of §2; am L 1990, c 342, §8; am L 2003, c 46, §2; am L 2004, c 103, §6; am L 2013, c 114, §8; am L 2014, c 72, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-239.5 Reactivation of expired commercial driver's license; fees; road test waived.

§286-239.5 Reactivation of expired commercial driver's license; fees; road test waived.
(a) Unless revoked or suspended, and except as provided in subsection (b), any commercial driver's license that has expired under section 286-239 or rules adopted pursuant to section 286-246 may be reactivated by the licensee in accordance with the requirements and procedures set forth for the renewal of commercial drivers' licenses under section 286-239(g). No person seeking reactivation of an expired commercial driver's license under this subsection shall be required to undergo reexamination of the person's driving skills under section 286-236. The examiner of drivers shall require the holder of an expired commercial driver's license to pay a reactivation fee of $5 for each thirty-day period, or fraction thereof, that has elapsed after a ninety-day grace period.
(b) Any commercial driver's license not reactivated under subsection (a) within one year of the indicated date of expiration shall be invalid. The examiner of drivers shall examine an applicant whose commercial driver's license has been declared invalid under this subsection in accordance with the licensing procedures established under sections 286-236 and 286-239. [L 1998, c 93, §1; am L 2014, c 72, §5]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 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.

§286-241.4 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.
(a) The examiner of drivers may suspend, revoke, cancel, mark the medical certification status as not-certified, or downgrade any commercial driver's license or commercial learner's permit without a hearing when the examiner of drivers has probable cause to believe that the licensee or permittee is disqualified under section 286-240.
(b) The examiner of drivers shall deny or suspend any commercial driver's license or commercial learner's permit pursuant to the terms of section 576D-13 when the examiner of drivers receives certification from the child support enforcement agency that the licensee or permittee is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Both the licensee or permittee and the licensee's or permittee's employer shall be notified of the denial or suspension.
(c) Upon suspension, revocation, or cancellation of the commercial driver's license or commercial learner's permit, the driver's license or learner's permit shall be surrendered to the examiner of drivers by the licensee or permittee.
(d) Unless otherwise provided by law, the licensing authority shall reinstate, renew, or approve the license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court. [L 1990, c 342, pt of §3; am L 1995, c 114, §6; am L 1997, c 293, §13; am L 2009, c 46, §3; am L 2011, c 121, §6; am L 2013, c 114, §12]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-241.5 Notification and hearing.

§286-241.5 Notification and hearing.
When the examiner of drivers suspends, revokes, or cancels a commercial driver's license or a commercial learner's permit under section 286-241.4(a), the examiner of drivers shall immediately notify the licensee or permittee and afford the licensee or permittee an opportunity for a hearing. [L 1990, c 342, pt of §3; am L 1997, c 293, §14; am L 2013, c 114, §13]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-241.6 Appeal to circuit court.

§286-241.6 Appeal to circuit court.
Any suspension, revocation, or cancellation of a commercial driver's license under section 286-241.4 may be appealed to the circuit court in which the applicant or licensee resides by filing a notice of appeal in that court within thirty days after being notified of the suspension, revocation, or cancellation. The appeal shall not operate as a stay to the order or decision appealed from. The appeal shall be subject to procedures and rules as may be prescribed by the court and the decision of the court shall be final except as otherwise provided in chapter 91. [L 1990, c 342, pt of §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-242 Commercial drivers prohibited from operating with any alcohol in their body.

§286-242 Commercial drivers prohibited from operating with any alcohol in their body.
(a) Notwithstanding any other provision of this chapter, a person may not drive a commercial motor vehicle while having any alcohol in that person's body.
(b) A person who drives a commercial motor vehicle with an alcohol concentration of 0.01 or more grams of alcohol per two hundred ten liters of breath or with 0.01 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood or who refuses to take a test as provided by section 286-243 shall be issued a twenty-four-hour out-of-service order. The driver shall also be placed out-of-service for twenty-four hours if the results of a blood test are not immediately available.
(c) It is unlawful for any person with an alcohol concentration of 0.04 or more grams of alcohol per two hundred ten liters of breath or with 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood to drive a "commercial motor vehicle", as defined in section 286-2. Any person who violates this provision shall be subject to the penalties as provided in section 286-249. [L 1989, c 320, pt of §2; am L 1990, c 342, §11; am L 1995, c 114, §7; am L 2006, c 130, §8; am L 2011, c 67, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-244 Notification of traffic convictions.

§286-244 Notification of traffic convictions.
(a) Whenever a person who holds a commercial driver's license or a commercial learner's permit from another state is convicted of a violation of any state or county law relating to motor vehicle traffic control, other than a parking violation, in any type of vehicle, the examiner of drivers shall notify the licensing or permitting entity in the state where the driver is licensed or permitted of this conviction within the time period specified in subsection (c).
(b) Whenever a person who does not hold a commercial driver's license or a commercial learner's permit but is licensed to drive by another state is convicted of a violation in a commercial motor vehicle of any state or county law relating to motor vehicle traffic control, other than a parking violation, the examiner of drivers shall notify the licensing entity in the state where the driver is licensed of this conviction within the time period specified in subsection (c).
(c) The notification of a traffic violation conviction shall be made within thirty days of the conviction. Beginning on September 30, 2008, the notification shall be made within ten days of the conviction. [L 1989, c 320, pt of §2; am L 1990, c 342, §13; am L 2004, c 103, §10; am L 2013, c 114, §14]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-248 Reciprocity.

§286-248 Reciprocity.
Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's license or a non-domiciled commercial learner's permit issued by any state, Mexico, or province or territory of Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses, for training purposes, and is accompanied by the holder of a valid commercial driver's license for the vehicle being driven, if the person's driver's license or commercial learner's permit is not suspended, revoked, or canceled; and if the person is not disqualified from driving a commercial motor vehicle, or subject to an out-of-service order. [L 1989, c 320, pt of §2; am L 1990, c 342, §16; am L 1993, c 268, §9; am L 2013, c 114, §16]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-249 Penalty.

§286-249 Penalty.
(a) Any person who drives a commercial motor vehicle in the State without a valid commercial driver's license or commercial learner's 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 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, in addition to the driving disqualification of subsection (a)(1) and section 286-240(i) and (j).
(c) Any person convicted under or found in violation of section 286-242(a) shall be fined not more than $200.
(d) Notwithstanding subsection (a)(2), any person convicted under or found in violation of section 286-242(c) shall be fined not more than $500. [L 1990, c 342, pt of §3; am L 1995, c 114, §9; am L 2004, c 103, §12; am L 2009, c 46, §4; am L 2013, c 114, §17; am L 2023, c 25, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-301 Issuance of identification card or temporary card.

Note
L 2012, c 310, §10 provides:
"SECTION 10. To provide for the transition to issuance of civil identification cards by the examiner of drivers, all valid and unexpired civil identification cards issued by the department of the attorney general up to and including December 31, 2012, shall remain valid for all purposes until their stated expiration date."
Revision Note
This part was enacted as subpart B to part VI but was renumbered as part XVI pursuant to §23G-15.
Throughout this part, "part" substituted for "subpart" and "part VI and this part" substituted for "part" pursuant to §23G-15.
§286-301 Issuance of identification card or temporary card.
(a) To obtain an identification card from the examiner of drivers, an individual shall complete an application pursuant to section 286-303.
(b) The examiner of drivers, upon receipt of the application by any individual who is a resident or a temporary resident of this State, shall issue an identification card to that individual upon receipt of any appropriate fee established pursuant to section 286-309.
(c) The identification card shall be similar in size, shape, and design to a driver's license, but shall not entitle the individual to whom it is issued to operate a motor vehicle.
(d) The issuance of an identification card pursuant to this section shall not place upon the State of Hawaii or any agency any liability for the misuse or the acceptance of the identification card as valid identification, which shall be left entirely to the discretion of any individual to whom such card is presented. [L 2012, c 310, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-301.5 Non-compliant identification cards.

§286-301.5 Non-compliant identification cards.
(a) Every person who submits an application for an identification card that is unable to appear in person before the examiner of drivers to be photographed or present new source documents in person at least every sixteen years shall be issued a non-compliant identification card that is uniquely identified as not being in compliance with the REAL ID Act of 2005. The applicant shall authorize to the examiner of drivers a person who has power of attorney of the applicant who shall present satisfactory proof to the examiner of drivers of the applicant's identity, date of birth, social security number, legal presence, primary care provider certificate, and residency in the State.
(b) Every application under this section shall be made upon the form and in the manner required by section 286-303 and shall be accompanied by the fee established for compliant identification cards pursuant to section 286-309.
(c) Every non-compliant identification card issued pursuant to this section shall on its face and in a machine readable zone bear the phrase, "Not acceptable for official federal purposes", and be of a unique design or color indication that clearly distinguishes the card from the State's compliant identification cards. If the United States Department of Homeland Security determines that non-compliant identification cards issued pursuant to this section do not satisfy the requirements of title 6 Code of Federal Regulations section 37.71, the examiner of drivers, under the direction of the department of transportation, shall modify the non-compliant identification cards issued pursuant to this section only to the extent necessary to satisfy the requirements of the federal law.
(d) Every non-compliant identification card shall expire in accordance with section 286-306.
(e) A non-compliant identification card may be renewed or replaced in accordance with section 286-306.
(f) The director shall adopt rules in accordance with chapter 91 to implement this section. [L 2019, c 233, §2]