(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.

Terms Used In Hawaii Revised Statutes 286-233

  • Conviction: A judgement of guilt against a criminal defendant.
  • Disqualification: means any of the following three actions:

    (1) The suspension, revocation, or cancellation of a commercial driver's license by the state or jurisdiction of issuance;

    (2) Any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations); or

    (3) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under Title 49, Code of Federal Regulations Part 391. See Hawaii Revised Statutes 286-231

  • Employer: means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle. See Hawaii Revised Statutes 286-231
  • Serious traffic violation: means conviction of any of the following offenses when operating a commercial motor vehicle, except for weight, defect, and parking violations:

    (1) Excessive speeding involving any single offense for any speed of fifteen miles per hour or more above the posted speed limit;

    (2) Reckless driving or driving a commercial motor vehicle in disregard of the safety of persons or property, including but not limited to offenses of driving a commercial motor vehicle in wilful or wanton disregard for the safety of persons or property;

    (3) Improper or erratic traffic lane changes;

    (4) Following a vehicle ahead too closely;

    (5) A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal traffic accident;

    (6) Driving a commercial motor vehicle without obtaining a commercial learner's permit or a commercial driver's license;

    (7) Driving a commercial motor vehicle without a commercial learner's permit or a commercial driver's license in the driver's possession; provided that this paragraph shall not apply to a citation issued under, or an offense disposed of pursuant to section 286-116(a) or a substantially similar provision of law in another state;

    (8) Driving a commercial motor vehicle without the proper class or endorsements of commercial driver's license or commercial learner's permit for the specific vehicle group being operated or for the passengers or type of cargo being transported;

    (9) Texting while driving in violation of a state or county law or ordinance; or

    (10) Using a mobile electronic device in violation of a state or a county law or ordinance. See Hawaii Revised Statutes 286-231

(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.

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