Haw. Code R. § 19-143-6 - Driver qualifications

(a) To meet department qualifications no person shall be permitted to operate a school bus unless such person holds a valid driver's license of appropriate class pursuant to section 286-102, HRS and a valid motor carrier medical examination certificate as required by chapter 19-141, motor carrier safety regulations. The driver license and medical certificate shall be carried by the driver on school bus trips and shall be presented on demand by the police or any state or county official authorized by the director. For the purposes of eligibility, the department or its designated agent shall deny a school bus driver operating privilege if an applicant:

(1) noes not hold a valid driver's license of appropriate class;

(2) Has been convicted of any of the following felonies within the last five years, or misdemeanors during the last three years:

(A) Driving while under the influence of intoxicating liquor or drugs;

(B) Negligent homicide;

(C) Careless driving;

(D) Use, sale, or possession of narcotics or dangerous drugs; or

(E) Any felony not specified in this section.

(3) Has been convicted of any sexual abuse of a child.

(4) Has had his driving privilege suspended or revoked for cause involving unsafe operation of a motor vehicle;

(5) Has had three moving violations or bail forfeitures within a twelve-month period;

(6) Has not been certified by a licensed doctor of medicine or osteopathy as meeting the requirements of chapter 19-141, motor carrier safety regulations.

(7) Has not attained the age of 21 years.

(8) Has not obtained a negative biannual tuberculosis X-ray or skin test or a certification of the absence of infectious tuberculosis from the state department of health or a state licensed physician.

(9) Has less than one year of driving experience.

(b) The department may suspend, revoke, deny, cite or place on probation for any good or just cause the operation of any school bus carrier or driver operating privileges for any violation of the law or this chapter.

(c) Any applicant whose application has been denied, suspended, or revoked by the department may within ten calendar days after receiving the notice of denial, suspension, or revocation appeal the decision to the director. The appeal shall be in writing stating reasons why the applicant's operating privilege should not be denied, suspended, or revoked. Upon such request, the director shall respond to the appeal in writing within thirty calendar days. Failure to appeal within ten calendar days after receiving notice of denial, suspension, or revocation of the applicant's operating privilege shall be deemed the waiver of right to appeal.

(d) Any person aggrieved by the decision of the department may appeal that decision to the director. The director may hold hearings on the appeal in accordance with chapter 91, Hawaii Revised Statutes.

Notes

Haw. Code R. § 19-143-6

[Eff APR 27 1989] (Auth: HRS § 266-181) (Imp: HRS §§ 286-181)