2019 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]
