Hawaii Revised Statutes Division 1. Government § 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.


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