Report Title:

Uninsured Motorists

Description:

Requires seizure of certificate of registration and impoundment of motor vehicle when citation is issued for uninsured motor vehicle; clarifies that proof of motor vehicle insurance is necessary for renewal of registration; makes appropriations to the counties. (SD1)

THE SENATE

S.B. NO.

2375

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

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. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291-   Driving an uninsured motor vehicle; revocation of registration; impoundment. (a) Upon discovering, or upon being informed by the insurer of the cancellation if required by law, that a motor vehicle is not insured under chapter 431, article 10C, the appropriate county police department shall issue a citation for violation of section 431:10C-104. The officer issuing the citation shall immediately take possession of the certificate of registration of the motor vehicle.

(b) Upon issuance of a citation under subsection (a), the officer shall summarily take possession of and impound the motor vehicle. The registered owner of the impounded motor vehicle shall be liable for all towing and storage fees. The motor vehicle shall be returned to the registered owner in accordance with section 805-13."

SECTION 2. Section 286-41, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Notwithstanding any other law to the contrary, the director of finance of the county in which the application for registration is sought shall [not] require proof of insurance as a condition to satisfy the requirements of this part[.] for a renewal of a registration. This subsection shall not apply [only] to the initial registration of any motor vehicle."

SECTION 3. Section 431:10C-104, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in section 431:10C-105, no person shall operate or use a motor vehicle upon any public street, road, or highway of this State at any time unless such motor vehicle is insured at all times under a motor vehicle insurance policy. Proof of a valid and current insurance policy shall be a condition precedent to renewal of a motor vehicle registration under section 431:10C-104."

SECTION 4. Section 805-13, Hawaii Revised Statutes, is amended to read as follows:

"§805-13 Motor vehicle insurance violation. (a) In all cases of citation for alleged violations of chapter [431:10C] 431, article 10C or section 286-116, the court shall hear and dispose of such actions expeditiously. Such actions may be severed from any other proceedings to facilitate immediate disposition. Continuance of proceedings on motor vehicle insurance violations may be allowed in the discretion of the court, only after the court has received evidence that the required insurance on the motor vehicle involved was, in fact, in force on the date of the citation[,] or that the motor vehicle has been, or is ordered by the court to be, impounded.

(b) In all cases of citation for alleged violations of chapter [431:10C] 431, article 10C or section 286-116, the court shall require the appearance of the driver cited and the registered owner of the motor vehicle. If the registered owner is not the driver, the registered owner shall be cited by service of the citation on the driver who shall be deemed to be the owner's agent for purposes of service and by naming the owner jointly with the driver in the citation. Where the registered owner is a corporation or association, an officer or designated agent thereof shall be required to appear. Where the registered owner is a partnership, a general partner thereof shall be required to appear.

(c) In the case of multiple violations the court [shall], in addition to any other penalty, shall impose the following penalties:

(1) Imprisonment of not more than thirty days;

(2) Suspension or revocation of driver's license of the driver and of the registered owner;

(3) Suspension or revocation of the motor vehicle registration plates of the vehicle involved;

(4) Impoundment, or impoundment and sale, of the motor vehicle for the costs of storage and other charges incident to seizure of the vehicle; or any other cost involved pursuant to section 431:10C-117; or

(5) Any combination of such penalties.

The court shall impose any other sanction it finds necessary to remove the vehicle or driver involved from the highways[,] and to preclude the driver or registered owner from the continued operation of any uninsured motor vehicle.

(d) Upon subsequent hearing ordered by the court or upon the driver's or registered owner's motion, the court [may], in its discretion, may terminate any judgment previously entered under subsection (c) upon finding that the registered owner and the driver, as applicable, have complied with chapter 287 with respect to any prior accident, as evidenced by a form properly validated by a police department and:

(1) Complied with all requirements under chapter [431:10C] 431, article 10C as evidenced by a motor vehicle insurance identification card and the insurance policy issued by a licensed insurer; or

(2) Complied with all requirements under chapter [431:10C] 431, article 10C as evidenced by a certificate of self-insurance issued by the insurance commissioner pursuant to section 431:10C-107(d).

(e) The court [may], in its discretion, may maintain continuing jurisdiction following any termination or judgment as provided in subsection (d), to [assure] ensure the continued compliance of the registered owner or driver with chapter 286, 287, or [431:10C.] 431, article 10C.

(f) Unless the motor vehicle is stolen, the court shall return the motor vehicle impounded under section 291- to the registered owner upon the registered owner showing proof of a current motor vehicle registration in this State and a current motor vehicle insurance policy under chapter 431, article 10C and the payment of any applicable fine.

Release of a stolen motor vehicle to the registered owner shall be in accordance with law enforcement procedures."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the following sums:

City and County of Honolulu $          

County of Maui $          

County of Kauai $          

County of Hawaii $          

or so much thereof as may be necessary for fiscal year 2004-2005, to comply with this Act.

The sums appropriated to each county shall be expended by that county for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2004.