Law Journals and Reviews
Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).
§286-238.2 Commercial learner's permit. (a) A commercial learner's permit shall be tamperproof; be marked with the words "commercial learner's permit" or "CLP" displayed prominently; include a statement that it is not valid for driving a commercial motor vehicle unless presented with the underlying commercial driver's license or non-commercial driver's license; and shall include but not be limited to the following with respect to the licensee:
(1) The full name and current mailing, residential, and business addresses;
(2) A physical description including sex and height;
(3) Date of birth;
(4) Signature;
(5) The date of issuance and the date of expiration of the permit; and
(6) The driver's state license number.
The commercial learner's permit shall not contain a photograph, digitized image, or other visual representation of the driver.
(b) A commercial learner's permit may be issued for the following vehicle categories:
(1) Category A – Any combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more; provided that the gross vehicle weight rating of the vehicles being towed is in excess of ten thousand pounds;
(2) Category B – Any single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, or any such vehicle towing a vehicle not in excess of ten thousand pounds; and
(3) Category C – Any single vehicle or combination of vehicles that meets neither the definition of category A nor that of category B, but that is either:
(A) Designed to transport sixteen or more passengers; or
(B) Used in the transportation of hazardous materials that require the vehicle to comply with title 49 Code of Federal Regulations, part 172, subpart F.
(c) A commercial learner's permit may be issued with any one or more of the following endorsements and restrictions:
(1) "P" – Authorizes driving passenger carrying vehicles; a commercial learner's permit holder with a "P" endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver's license holder accompanying the commercial learner's permit holder; this endorsement is vehicle class specific;
(2) "N" – Authorizes driving tank vehicles; a commercial learner's permit holder with an "N" endorsement may only operate with an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of all residue;
(3) "S" – Authorizes driving school buses; a commercial learner's permit holder with an "S" endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver's license holder accompanying the commercial learner's permit holder; this endorsement is vehicle class specific;
(4) "P" – Restricts the driver from carrying passengers other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver's license holder accompanying the commercial learner's permit holder; or
(5) "X" – Restricts the driver from carrying cargo in a commercial motor vehicle tank and prohibits operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue.
(d) If the commercial learner's permit is a non-domiciled commercial learner's permit, it must contain the prominent statement that the permit is a "non-domiciled commercial learner's permit", or "non-domiciled CLP", as appropriate; the word "non-domiciled" shall be conspicuously and unmistakably displayed, but may be noncontiguous with the words "commercial learner's permit", or "CLP".
(e) Before issuing a commercial learner's permit, the examiner of drivers shall complete a check of the applicant's driving record as provided in section 286-239(d) or (g). [L 2013, c 114, §1; am L 2014, c 72, §3]
Section: Previous 286-234 286-235 286-235.5 286-236 286-236.5 286-237 286-238 286-238.2 286-238.5 286-239 286-239.5 286-240 286-241 286-241.4 286-241.5 NextLast modified: October 27, 2016