HB 1163: Department of Transportation; Non-Domiciled Commercial Driver's Licenses and Non-Domiciled Commercial Learner's Permits; Federal Motor Carrier Safety Administration

A BILL FOR AN ACT

RELATING TO COMMERCIAL DRIVERS LICENSING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 286-236, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person shall be issued a commercial driver's license unless that person:

     (1)  Meets the qualification standards of title 49 Code of Federal Regulations, part 391, subparts B and E;

     (2)  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;

     (3)  [Has Hawaii as the state of domicile as defined in title 49 Code of Federal Regulations section 383.5;] Provides to the State proof of citizenship or lawful permanent residency as specified in table 1 to title 49 Code of Federal Regulations, section 383.71, as amended October 14, 2021, or obtains a non‑domiciled commercial learner's permit or non‑domiciled commercial driver's license as provided in title 49 Code of Federal Regulations, section 383.71(f), that shall be issued as a non-domiciled commercial learner's permit or non-domiciled commercial driver's license; and

     (4)  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(b)(1)(i), 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(b)(5) and in accordance with title 49 Code of Federal Regulations section 383.73(o).  A person who is not physically qualified to drive under title 49 Code of Federal Regulations section 391.41(b)(1) or (2) 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; provided that the intrastate waiver requests shall be submitted to the director."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Department of Transportation; Non-Domiciled Commercial Driver's Licenses and Non-Domiciled Commercial Learner's Permits; Federal Motor Carrier Safety Administration

Description:

Amends requirements to commercial driver's license qualification standards to meet current federal regulations to allow the State to issue a non-domiciled commercial learner's permit and non‑domiciled commercial driver's license for applicants who are unable to provide proof of citizenship or lawful permanent residency.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO COMMERCIAL DRIVERS LICENSING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 286-236, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person shall be issued a commercial driver's license unless that person:

     (1)  Meets the qualification standards of title 49 Code of Federal Regulations, part 391, subparts B and E;

     (2)  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;

     (3)  [Has Hawaii as the state of domicile as defined in title 49 Code of Federal Regulations section 383.5;] Provides to the State proof of citizenship or lawful permanent residency as specified in table 1 to title 49 Code of Federal Regulations, section 383.71, as amended October 14, 2021, or obtains a non‑domiciled commercial learner's permit or non‑domiciled commercial driver's license as provided in title 49 Code of Federal Regulations, section 383.71(f), that shall be issued as a non-domiciled commercial learner's permit or non-domiciled commercial driver's license; and

     (4)  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(b)(1)(i), 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(b)(5) and in accordance with title 49 Code of Federal Regulations section 383.73(o).  A person who is not physically qualified to drive under title 49 Code of Federal Regulations section 391.41(b)(1) or (2) 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; provided that the intrastate waiver requests shall be submitted to the director."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Transportation; Non-Domiciled Commercial Driver's Licenses and Non-Domiciled Commercial Learner's Permits; Federal Motor Carrier Safety Administration

Description:

Amends requirements to commercial driver's license qualification standards to meet current federal regulations to allow the State to issue a non-domiciled commercial learner's permit and non‑domiciled commercial driver's license for applicants who are unable to provide proof of citizenship or lawful permanent residency.  Effective 7/1/3000.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO COMMERCIAL DRIVERS LICENSING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 286-236, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person shall be issued a commercial driver's license unless that person:

     (1)  Meets the qualification standards of title 49 Code of Federal Regulations, part 391, subparts B and E;

     (2)  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;

     (3)  [Is domiciled in the State as defined in title 49 Code of Federal Regulations, part 383.5;] Provides to the State proof of citizenship or lawful permanent residency as specified in table 1 to title 49 Code of Federal Regulations, section 383.71, as amended October 14, 2021, or obtains a non-domiciled commercial learner's permit or non-domiciled commercial driver's license as provided in title 49 Code of Federal Regulations, section 383.71(f), that shall be issued as a non-domiciled commercial learner's permit or non-domiciled commercial driver's license; and

     (4)  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(b)(1)(i), 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(b)(5) and in accordance with title 49 Code of Federal Regulations section 383.73(o).  A person who is not physically qualified to drive under title 49 Code of Federal Regulations section 391.41(b)(1) or (2) 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; provided that the intrastate waiver requests shall be submitted to the director."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Transportation; Non-Domiciled Commercial Driver's Licenses and Non-Domiciled Commercial Learner's Permits; Federal Motor Carrier Safety Administration

Description:

Amends requirements to commercial driver's license qualification standards to meet current federal regulations to allow the State to issue a non-domiciled commercial learner's permit and non-domiciled commercial driver's license for applicants who are unable to provide proof of citizenship or lawful permanent residency.  Effective 7/1/3000.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO COMMERCIAL DRIVERS LICENSING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 286-236, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person shall be issued a commercial driver's license unless that person:

     (1)  Meets the qualification standards of title 49 Code of Federal Regulations, part 391, subparts B and E;

     (2)  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;

     (3)  [Is domiciled in the State as defined in title 49 Code of Federal Regulations, part 383.5;] Provides to the State proof of citizenship or lawful permanent residency as specified in table 1 to title 49 Code of Federal Regulations, section 383.71, as amended October 14, 2021, or obtains a non-domiciled commercial learner's permit or non-domiciled commercial driver's license as provided in title 49 Code of Federal Regulations, section 383.71(f), that shall be issued as a limited-term commercial learner's permit and limited-term commercial driver's license; and

     (4)  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(b)(1)(i), 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(b)(5) and in accordance with title 49 Code of Federal Regulations section 383.73(o).  A person who is not physically qualified to drive under title 49 Code of Federal Regulations section 391.41(b)(1) or (2) 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; provided that the intrastate waiver requests shall be submitted to the director."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Transportation; Limited-Term Non-Domiciled Commercial Driver's Licenses and Non-Domiciled Commercial Learner's Permits; Federal Motor Carrier Safety Administration

Description:

Amends requirements to commercial driver's license qualification standards to meet current federal regulations to allow the State to issue a limited-term non-domiciled commercial learner's permit and non-domiciled commercial driver's license for applicants who are unable to provide proof of citizenship or lawful permanent residency.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO COMMERCIAL DRIVERS LICENSING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 286-236, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "§286-236  Commercial driver's license qualification standards.  (a)  No person shall be issued a commercial driver's license unless that person:

     (1)  Meets the qualification standards of title 49 Code of Federal Regulations, part 391, subparts B and E;

     (2)  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;

     (3)  [Is domiciled in the State as defined in title 49 Code of Federal Regulations, part 383.5;] Provides to the State proof of citizenship or lawful permanent residency as specified in Table 1 to title 49 Code of Federal Regulations, section 383.71, as amended October 14, 2021, or obtains a non-domiciled commercial learner's permit or non-domiciled commercial driver's license as provided in title 49 Code of Federal Regulations, section 383.71(f), that shall be issued as a limited-term commercial learner's permit and limited-term commercial driver's license; and

     (4)  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(b)(1)(i), 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(b)(5) and in accordance with title 49 Code of Federal Regulations section 383.73(o).  A person who is not physically qualified to drive under title 49 Code of Federal Regulations section 391.41(b)(1) or (2) 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; provided that the intrastate waiver requests shall be submitted to the director.

     (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 from the date that the applicant passes the general and all required endorsement knowledge tests; provided that, if the applicant is not required to take a knowledge test, the period shall start when the permit is issued.  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 before obtaining a commercial learner's permit.  Beginning February 7, 2022, except for a driver holding a valid commercial driver's license or commercial learner's permit that was obtained before February 7, 2022, every applicant shall complete the entry-level driver training requirements as specified in title 49 Code of Federal Regulations part 380, subpart F, and be verified with the Federal Motor Carrier Safety Administration Training Provider Registry before taking the skills test for a class A or class B commercial driver's license, passenger endorsement, or school bus endorsement, and before taking the knowledge test for a hazardous materials endorsement.

     (h)  Beginning November 18, 2024, the examiner of drivers shall not issue, renew, transfer, or upgrade a commercial driver's license; renew the hazardous materiala endorsement; or issue, renew, or upgrade a commercial learner's permit; if the results of a query to the Federal Motor Carrier Safety Administration's Drug and Alcohol Clearinghouse is that the driver is prohibited from operating a commercial motor vehicle."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Department of Transportation; Limited-Term Non-Domiciled Commercial Driver's Licenses and Non-Domiciled Commercial Learner's Permits; Federal Motor Carrier Safety Administration

Description:

Amends section 286-236, HRS, to meet current federal regulations to allow the State to issue a limited-term non-domiciled commercial learner's permit and non-domiciled commercial driver's license for applicants who are unable to provide proof of citizenship or lawful permanent residency.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1005-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1163

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 1163, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL DRIVERS LICENSING,"

begs leave to report as follows:

     The purpose of this measure is to authorize the issuance of a limited-term non-domiciled commercial learner's permit and limited-term commercial driver's license for applicants who are unable to provide proof of citizenship or lawful permanent residency status.

     Your Committee received testimony in support of this measure from the Department of Transportation.  Your Committee received testimony in opposition to this measure from one individual.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1163, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  702

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1163

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 1163 entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL DRIVERS LICENSING,"

begs leave to report as follows:

     The purpose of this measure is to authorize the issuance of a limited-term non-domiciled commercial learner's permit and limited-term commercial driver's license for applicants who are unable to provide proof of citizenship or lawful permanent residency status.  

     Your Committee received testimony in support of this measure from the Department of Transportation.  Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that in 2024, the Federal Motor Carrier Safety Administration notified the State that it was not compliant with licensing requirements by issuing full-term commercial learner's permits and commercial driver's licenses to applicants who are citizens of the Freely Associated States.  This measure allows the State to comply with Federal Motor Carrier Safety Administration licensing requirements as well as allow other foreign citizens who are unable to provide proof of citizenship or lawful permanent residency the opportunity to obtain a limited-term commercial learner's permit and commercial driver's license in Hawaii.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1163, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1163, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Transportation,