Law Journals and Reviews
Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).
§286-239 Commercial driver's license. (a) Commercial driver's licenses may be issued with the following 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, including the driver; or
(B) Used in the transportation of hazardous materials which requires the vehicle to comply with title 49 Code of Federal Regulations part 172, subpart F.
(b) Commercial drivers' licenses may be issued with any one or more of the following endorsements and restrictions:
(1) "H" – Authorizes the driver to drive a vehicle transporting hazardous materials;
(2) "L" – Restricts the driver to vehicles not equipped with air brakes;
(3) "T" – Authorizes driving double and triple trailers;
(4) "P" – Authorizes driving vehicles carrying passengers;
(5) "N" – Authorizes driving tank vehicles;
(6) "X" – Represents a combination of hazardous materials and tank vehicle endorsements;
(7) "S" – Authorizes driving school buses;
(8) "V" – Indicates there is information about a medical variance on the commercial driver's license information system driver record;
(9) "K" - Restricts the driver from operating in interstate commerce as defined in title 49 Code of Federal Regulations section 390.5;
(10) "Z" - Restricts the driver to vehicles not equipped with full air brakes;
(11) "E" - Restricts the driver to vehicles not equipped with any manual transmission;
(12) "O" - Restricts the driver to non-tractor trailer commercial motor vehicles;
(13) "M" – Restricts the driver from operating a class A passenger vehicle; and
(14) "N" – Restricts the driver from operating a class A and B passenger vehicle.
(c) The holder of a valid commercial driver's license may drive all vehicles in the category for which the license is issued, and all lesser categories of vehicles except motorcycles and except vehicles which require an endorsement, unless the proper endorsement appears on the license.
(d) Before issuing a commercial driver's license, the examiner of drivers shall complete a check of the applicant's driving record to determine whether the applicant is subject to any disqualification under section 286-240, or any license suspension, revocation, or cancellation under state law, and whether the applicant has a driver's license from more than one state or jurisdiction. The record check shall be made no earlier than twenty-four hours prior to the initial issuance or transfer and no sooner than ten days before renewals and upgrades of a commercial driver's license. The record check shall include but is not limited to the following:
(1) A check of the applicant's driving record as maintained by the applicant's state of licensure;
(2) A check with the commercial driver's license information system;
(3) A check with the National Driver Register; and
(4) A request for the applicant's complete driving record from all states where the applicant was previously licensed to drive any motor vehicle over the last ten years. This check is only required for drivers renewing a commercial driver's license for the first time after September 30, 2002; provided that a notation is made on the driver's record confirming the check has been made and the date it was done.
(e) Within ten days after issuing a commercial driver's license, the examiner of drivers, in the following situations, shall provide the operator of the commercial driver's license information system with all information obtained by the examiner that is necessary to identify the licensee:
(1) The issuance of each commercial driver's license;
(2) The notation of any changes in driver identification information; and
(3) The notation of any changes to the driver's driving record relating to the transfer of a commercial driver's license from one state to another.
(f) Commercial driver's licenses shall expire as follows:
(1) An initial or renewed commercial driver's license with a hazardous materials endorsement shall expire no later than five years from its date of issuance, except if the licensee is seventy-two years of age or older. The expiration date of a commercial driver's license with a hazardous materials endorsement shall be the same expiration date as the hazardous materials endorsement. If the licensee is seventy-two years of age or older, the initial or renewed commercial driver's license with a hazardous materials endorsement shall not exceed two years; and
(2) All other initial commercial driver's licenses shall be valid for not more than an eight-year period, expiring on the driver's birthday. All other renewed licenses shall be valid for not more than an eight-year period from the expiration date of the previous valid license. With the exception of a commercial driver's license with a hazardous materials endorsement, the commercial driver's license shall expire on the next birthday of the licensee occurring not more than eight years after the date of issuance of the license unless sooner revoked, suspended, or canceled; provided that, unless sooner revoked, suspended, or canceled, the license shall expire on the second birthday of the licensee following the issuance of the license if at that time the licensee is seventy-two years of age or older.
(g) When applying for renewal of a commercial driver's license, the applicant shall complete the required application form and provide updated information and required certifications. If the applicant desires to retain a hazardous materials endorsement, the knowledge test for a hazardous materials endorsement shall also be taken and passed by the applicant. The examiner of drivers shall complete a check of the applicant's driving record as required under subsection (d). [L 1989, c 320, pt of §2; am L 1990, c 342, §9; am L 1995, c 114, §3; am L 1998, c 93, §2; am L 2003, c 15, §1; am L 2004, c 103, §7; am L 2006, c 23, §1 and c 130, §5; am L 2010, c 83, §1; am L 2011, c 121, §3; am L 2013, c 114, §9; am L 2014, c 72, §4]
Section: Previous 286-235.5 286-236 286-236.5 286-237 286-238 286-238.2 286-238.5 286-239 286-239.5 286-240 286-241 286-241.4 286-241.5 286-241.6 286-242 NextLast modified: October 27, 2016