REPORT TITLE:
Rental Vehicle 

DESCRIPTION:
Clarifies what damages and losses may be recovered in the event a
rental vehicle is damaged, and makes overcharging for these
damages and losses an unfair trade practice in violation of
section 480-2, HRS. (HB1912 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1912
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE MOTOR VEHICLE RENTAL INDUSTRY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 437D-15, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "437D-15  Unfair trade practices.  Each lessor, and each
 
 4 officer, employee, agent, and other representative thereof, is
 
 5 prohibited from engaging in any practice constituting a violation
 
 6 of chapter 480.  The following shall be per se violations of
 
 7 section 480-2:
 
 8      (1)  The making of any material statement [which] that has
 
 9           the tendency or capacity to mislead or deceive, either
 
10           orally or in writing, in connection with the rental of,
 
11           offer to rent, or advertisement to rent a vehicle;
 
12      (2)  The omission of any material statement [which] that has
 
13           the tendency or capacity to mislead or deceive, in
 
14           connection with the rental of, offer to rent, or
 
15           advertisement to rent a vehicle;
 
16      (3)  The making of any statement to the effect that the
 
17           purchase of a collision damage waiver is mandatory;
 
18      (4)  Any violation of sections 437D-5 through 437D-14, and
 
19           [[]section[]] 437D-17.5;
 

 
Page 2                                                     1912
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1      (5)  The charging by the lessor to a lessee of [more]:
 
 2           (A)  More than the cost of the parts and labor
 
 3                necessary to repair a damaged vehicle in
 
 4                accordance with [the] standard [practices]
 
 5                practice in the automobile repair industry in the
 
 6                community, if the vehicle is repaired; [and]
 
 7           (B)  More than the actual cash value of a vehicle if it
 
 8                is declared a total loss; or
 
 9           (C)  More than the diminution in value of a vehicle if
 
10                it is not repaired and not declared a total loss;
 
11      (6)  The making of any statement by the lessor to the effect
 
12           that the lessee is or will be confined to remain within
 
13           boundaries specified by the lessor unless payment or an
 
14           agreement relating to the payment of damages has been
 
15           made by the lessee[.];
 
16      (7)  The charging of a lessee more than a reasonable
 
17           estimate of the actual income lost for loss of use of a
 
18           vehicle; and
 
19      (8)  The charging of a lessee more than actual towing
 
20           charges."
 
21      SECTION 2.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 3.  This Act shall take effect upon its approval.