Report Title:

Traffic Infractions; Parking; Rental Cars

Description:

Requires owner/lessor of leased vehicle cited for parking violation to provide to court having jurisdiction, within 60 days, name, address, and driver's license number provided by lessee. Requires court to impose $5 fee on lessor, in lieu of holding lessor responsible for citation, where lessor does not provide the information within 45 days. Appropriates funds. (HB2218 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2218

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TRAFFIC INFRACTIONS.

 

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

SECTION 1. Section 291C-168.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-168.5[]] Liability of lessee for parking citation. Notwithstanding any other law to the contrary, if the registered owner of record is the lessor of a rental or U-drive motor vehicle, as defined in section 286-2, pursuant to a written lease agreement, the lessee at the time of the issuance of the parking citation shall be responsible for such summons or citation; provided, however, [said] that:

(1) The lessor shall be responsible for [such summons or citation] the notice of traffic infraction involving parking if the lessor does not provide the court having jurisdiction over the [summons or citation] notice of traffic infraction involving parking the name [and], address, and driver's license number [of the] provided by the lessee to the lessor within forty-five days after a notice containing the date, time, and location of the violation and the license number of the vehicle is sent to the lessor; [provided further that the] and

(2) The administrative judge of the court having jurisdiction over the [citation or summons may] notice of traffic infraction involving parking shall waive the requirement of providing the name and address of the lessee by the lessor and, in lieu of holding the lessor responsible for the notice of traffic infraction involving parking, impose an administrative fee of [five dollars] $5 per citation on the lessor[.] if the lessor fails to provide the name, address, and driver's license number of the lessee provided by the lessee to the lessor within forty-five days following receipt of notification of the notice of traffic infraction involving parking.

For the purposes of this section, "notice of traffic infraction involving parking" means a notice sent to a lessor notifying the lessor of a default judgment issued by a court due to the lessee's failure to pay appropriate fines, court costs, and fees."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2004-2005 for additional staff, equipment, and supplies necessary to carry out the purposes of this Act.

The sum appropriated shall be expended by the Judiciary.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2005.