Hawaii § 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 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 no 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 no more than $300; and for conviction of a third or subsequent offense committed within two years after the date of the second conviction, the employer shall be fined no more than $1,000. (d) Any employer who is convicted of a violation of subsection (b)(3) shall be subject to a civil penalty of no less than $6,974 or more than $38,612. (e) Any employer who is convicted of a violation of subsection (b)(4) shall be subject to a civil penalty of no more than $10,000. (f) Any employer who is convicted of a violation of subsection (b)(5) shall be subject to a civil penalty of no more than $20,017. [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; am L 2024, c 135, §2] Previous Vol05_Ch0261-0319 Next