(a) After disqualifying a person, or suspending, revoking, canceling, or marking a medical certification status as not-certified for a commercial driver’s license or commercial learner’s permit, the examiner of drivers shall update all records to reflect that action within ten days. Any disqualification imposed in accordance with section 286-240(l) and transmitted by the Federal Motor Carrier Safety Administration shall become a part of the driving record. After suspending, revoking, or canceling a non-domiciled commercial driver’s license or commercial learner’s permit, the examiner of drivers shall notify the licensing authority of the state that issued the commercial driver’s license or commercial learner’s permit within ten days. The notification shall include information regarding any disqualification and the violation or violations that resulted in the disqualification, revocation, suspension, or cancellation.

Terms Used In Hawaii Revised Statutes 286-241

  • 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

  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(b) Beginning January 30, 2012, the examiner of drivers, within ten calendar days of the expiration of a commercial driver’s license driver’s medical certification status or the expiration or rescission of a medical variance, shall change the medical certification status of that driver to not-certified.
(c) Beginning January 30, 2012, within ten calendar days of receiving information from the Federal Motor Carrier Safety Administration regarding issuance or renewal of a medical variance for a driver, the examiner of drivers shall update the commercial driver’s license information system driver record to include the medical variance information provided by the Federal Motor Carrier Safety Administration.
(d) Beginning January 30, 2012, if a driver’s medical certification or medical variance expires or if the Federal Motor Carrier Safety Administration notifies the examiner of drivers that a driver’s medical variance was removed or rescinded, the examiner of drivers shall:

(1) Notify the commercial driver’s license holder of the holder’s not-certified medical certification status and that the commercial driver’s license privilege will be removed from the driver’s license unless the driver submits a current medical certificate or medical variance; and
(2) Initiate procedures for downgrading the license; provided that the commercial driver’s license downgrade shall be completed and recorded within sixty days of the driver’s medical certification status becoming not-certified to operate a commercial motor vehicle.
(e) Beginning January 30, 2014, if a driver fails to provide the examiner of drivers with the certification required by 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.

  Previous
Next  
 Part XIII Contents