(a) Any person who drives a commercial motor vehicle in the State without a valid commercial driver’s license or commercial learner’s permit, or while the person’s driving privileges are suspended, revoked, or canceled, or while disqualified from driving a commercial motor vehicle, shall be:

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Terms Used In Hawaii Revised Statutes 286-249

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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

  • Out-of-service order: means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to Section 386. See Hawaii Revised Statutes 286-231
(1) Disqualified from driving a commercial motor vehicle for a period of not less than one year and up to life;
(2) Fined not less than $500 but not more than $1,000; and
(3) Imprisoned not more than one year;

provided that the court shall have discretion to impose either a fine or imprisonment, or both.

(b) A driver who is convicted of violating an out-of-service order shall be fined no less than $2,500 nor more than $4,000 for a first conviction and no less than $5,000 nor more than $7,500 for a second or subsequent conviction, in addition to the driving disqualification of subsection (a)(1) and section 286-240(i) and (j).
(c) Any person convicted under or found in violation of section 286-242(a) shall be fined not more than $200.
(d) Notwithstanding subsection (a)(2), any person convicted under or found in violation of section 286-242(c) shall be fined not more than $500.

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