Report Title:

Vehicles; Key Replacement; Regulation

Description:

Prohibits the replacement of motor vehicle keys unless the vehicle registration and customer identification have been verified.

HOUSE OF REPRESENTATIVES

H.B. NO.

2534

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MOTOR VEHICLES.

 

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

SECTION 1. Section 437B-1, Hawaii Revised Statutes, is amended by amending the definition of "repair of motor vehicles" to read as follows:

""Repair of motor vehicles" means all maintenance of and modifications and repairs to motor vehicles, including the rebuilding or restoring of rebuilt vehicles as defined in section 286-2, and the replacement of motor vehicle keys using only the vehicle identification number, but excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing oil and air filters, and other minor services, which the board by rule determines may be performed by persons without the skills and knowledge required of motor vehicle mechanics and helpers. No service shall be designated as minor, for purposes of this section, if the board finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation."

SECTION 2. Section 437B-11, Hawaii Revised Statutes, is amended to read as follows:

"§437B-11 Prohibited practices. In addition to any other grounds for disciplinary action authorized by law, the following acts or omissions related to the repair of motor vehicles shall be grounds for invoking the enforcement procedures of section 437B-12:

(1) Making or authorizing in any manner or by any means whatever any statement written or oral which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading;

(2) Causing or allowing a customer to sign any work order that does not state the repairs requested by the customer or the automobile's odometer reading at the time of repair;

(3) Failing or refusing to give to a customer a copy of any document requiring the customer's signature, as soon as the customer signs the document;

(4) Any other conduct that constitutes fraud;

(5) Conduct constituting gross negligence;

(6) Failure to comply with this chapter or rules adopted pursuant to it;

(7) Any wilful departure from or disregard of accepted practices or professional standards;

(8) Making false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of a motor vehicle;

(9) Having repair work subcontracted without the knowledge or consent of the customer unless the motor vehicle repair dealer, mechanic, or apprentice demonstrates that the customer could not reasonably have been notified;

(10) Conducting the business of motor vehicle repair in a place other than stated on the license except that mobile repair facilities may be permitted if the license so indicates;

(11) Rebuilding or restoring of rebuilt vehicles as defined in section 286-2 in such a manner that it does not conform to the original vehicle manufacturer's established repair procedures or specifications and allowable tolerances for the particular model and year;

(12) Subcontracting, recommending, or referring motor vehicle repair work to, or in any way assisting, a motor vehicle repair dealer or mechanic whose license or certification is not in full compliance with this chapter;

(13) Failure to directly supervise a motor vehicle mechanic apprentice/trainee or motor vehicle mechanic helper;

(14) Servicing mobile air conditioners without using refrigerant recovery and recycling equipment that is certified by Underwriters Laboratories, Incorporated or was in use by the motor vehicle repair industry prior to December 31, 1989;

(15) Performing service on any motor vehicle or mobile air conditioner after January 1, 1994, without successful completion of an appropriate training course in the recovery and recycling of CFC and HCFC refrigerants, which included instruction in the proper use of refrigerant recovery and recycling equipment that is certified by Underwriters Laboratories, Incorporated; [and]

(16) Violating chapter 342C[.]; and

(17) Replacing motor vehicle keys by using only the motor vehicle identification number unless the motor vehicle registration and the identification of the customer have been verified."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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