(a) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than one year if convicted of a first violation of:

Terms Used In Hawaii Revised Statutes 286-240

  • 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

  • Fatality: means the death of a person as a result of a motor vehicle accident. See Hawaii Revised Statutes 286-231
  • Fraud: Intentional deception resulting in injury to another.
  • Imminent hazard: means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of such death, illness, injury, or endangerment. See Hawaii Revised Statutes 286-231
  • Noncommercial motor vehicle: means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle (CMV)" under § 286-2. See Hawaii Revised Statutes 286-231
  • Out-of-service order: means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to Section 386. 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

(1) Driving a motor vehicle under the influence of alcohol, a controlled substance, or any drug that impairs driving ability;
(2) Driving a commercial motor vehicle while the alcohol concentration of the driver’s blood is 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood;
(3) Refusing to submit to a test to determine the driver’s alcohol concentration while driving a motor vehicle as required under sections 286-243 and 291E-11;
(4) Using a motor vehicle in the commission of any felony;
(5) Leaving the scene of an accident involving the motor vehicle driven by the person;
(6) Unlawful transportation, possession, or use of a controlled substance while on duty;
(7) Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver’s commercial driver’s license or commercial learner’s permit is revoked, suspended, or canceled, or the driver is otherwise disqualified from operating a commercial motor vehicle; or
(8) Causing a fatality through the operation of a commercial motor vehicle, including through the commission of the crimes of manslaughter and negligent homicide in any degree.
(b) The examiner of drivers shall disqualify any person for a period of no less than three years for any conviction of a violation of any offense listed in subsection (a) that is committed while a hazardous material required to be placarded under title Title 49 of the Code of Federal Regulations, Part 172, subpart F, is being transported.
(c) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for life if the person is convicted two or more times for any of the offenses listed in subsection (a).
(d) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any felony involving the manufacturing, distributing, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(e) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than sixty days if the person is convicted of two serious traffic violations, or one hundred twenty days if the person is convicted of three serious traffic violations; provided that the violations are committed in a commercial motor vehicle and arise from separate incidents occurring within a three-year period. The one hundred twenty-day disqualification period required for a third conviction within three years of a serious traffic violation, as defined in section 286-231, shall be in addition to any other previously imposed period of disqualification. The disqualification periods specified in this subsection shall also apply to offenses committed while operating a noncommercial motor vehicle only if the conviction for the offense results in the revocation, cancellation, or suspension of the driver’s license.
(f) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle or from resubmitting an application for a period of no less than sixty days if the examiner of drivers finds that a commercial driver’s license or a commercial learner’s permit holder or applicant for a commercial driver’s license or commercial learner’s permit has falsified information or failed to report or disclose required information either before or after issuance of a commercial driver’s license or a commercial learner’s permit.
(g)If the examiner of drivers receives credible information that a commercial driver’s license or commercial learner’s permit holder is suspected, but has not been convicted, of fraud related to the issuance of the commercial driver’s license or commercial learner’s permit, the examiner of drivers shall require the driver to re-take the skills or knowledge tests, or both. Within thirty days of receiving notification from the examiner of drivers that re-testing is necessary, the affected commercial driver’s license or commercial learner’s permit holder shall make an appointment or otherwise schedule to take the next available test:

(1) If the commercial driver’s license or commercial learner’s permit holder fails to make an appointment within thirty days, the examiner of drivers shall disqualify the commercial driver’s license or commercial learner’s permit indefinitely until the applicant reapplies; or
(2) If the driver fails either the knowledge or skills test or does not take the test, the examiner of drivers shall disqualify the commercial driver’s license or commercial learner’s permit indefinitely until the applicant reapplies. Once a commercial driver’s license or commercial learner’s permit holder’s commercial driver’s license or commercial learner’s permit has been disqualified, the driver or learner shall reapply for a commercial driver’s license or commercial learner’s permit under state procedures applicable to all commercial driver’s license or commercial learner’s permit applicants.
(h) The examiner of drivers shall invalidate the commercial driver’s license or commercial learner’s permit of a person who has been convicted of fraud relating to the issuance of that commercial driver’s license or commercial learner’s permit, as well as the application of a person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained commercial driver’s license or commercial learner’s permit for a period of no less than one year.
(i) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than one hundred eighty days and no more than one year for a first violation, for at least two years and no more than five years for a second violation, and at least three years and no more than five years for a third or subsequent violation of a driver or vehicle out-of-service order committed in a commercial motor vehicle transporting non-hazardous materials arising from separate incidents occurring within a ten-year period.
(j) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than one hundred eighty days and no more than two years for a first violation and for at least three years and no more than five years for any subsequent violation of a driver or vehicle out-of-service order committed in a commercial motor vehicle transporting hazardous materials required to be placarded under title Title 49 of the Code of Federal Regulations, Part 172, subpart F, or designed to transport sixteen or more occupants including the driver; provided that each violation arises from separate incidents occurring within a ten-year period.
(k) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than sixty days if the person is convicted of a first violation, no less than one hundred twenty days if the person is convicted of a second violation during any three-year period, and no less than one year if the person is convicted of a third or subsequent violation during any three-year period of a federal, state, or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing:

(1) For all drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
(2) For all drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
(3) For all drivers who are always required to stop, failing to stop before driving onto the crossing;
(4) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
(5) For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
(6) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
(l) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle if the driver’s driving is determined to constitute an imminent hazard, as defined in section 286-231 and in accordance with the provisions of title 49 C.F.R. § 383.52.
(m) Beginning January 30, 2014, if a driver fails to provide the examiner of drivers with the certification required under title 49 C.F.R. § 383.71(b)(1) or a current medical examiner’s certificate if the driver self-certifies according to title 49 C.F.R. § 383.71(b)(1)(i) that the driver is operating in non-excepted interstate commerce as required by title 49 C.F.R. § 383.71(h), the examiner of drivers shall mark the commercial driver’s license information system driver record as not-certified and initiate a commercial driver’s license downgrade.
(n) The examiner of drivers shall permanently disqualify any person from driving a commercial motor vehicle for life without the possibility of reinstatement, if the person uses a commercial motor vehicle in the commission of any felony involving severe forms of trafficking in persons.
(o) As used in this section:

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Severe forms of trafficking in persons” means either sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform the act has not attained eighteen years of age; or the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

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