Report Title:

Motor Vehicles; Impoundment

Description:

Authorizes the counties with a population of not more than 500,000 to impound motor vehicles for motor vehicle and insurance violations. (SD1)

THE SENATE

S.B. NO.

2772

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE IMPOUNDMENT OF VEHICLES.

 

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

SECTION 1. The legislature finds that there is a need to address the problems created by uninsured motorists and drivers that fail to adhere to important safety-related requirements. The purpose of this Act is to authorize the director of finance or a police officer to impound a vehicle where there is a failure to comply with specified sections of chapter 286 or chapter 431:10C, Hawaii Revised Statutes.

SECTION 2. Section 286-25, Hawaii Revised Statutes, is amended to read as follows:

"§286-25 Operation of a vehicle without a certificate of inspection. (a) Whoever operates, permits the operation of, causes to be operated, or parks any vehicle on a public highway without a current official certificate of inspection, issued under section 286-26, shall be fined not more than $100[.], and the vehicle may be seized pursuant to subsection (b) in any county with a population of not more than five hundred thousand.

(b) In any county with a population of not more than five hundred thousand, if a person has been fined pursuant to subsection (a) three or more times for the same vehicle without obtaining a current official certificate of inspection, the vehicle may be seized no earlier than the twentieth day after the first fine by the director of finance or by any police officer, and held for a period of ten days, during which time the vehicle shall be subject to redemption by its owner by proving that a current official certificate of inspection has been obtained, and by paying the applicable fines, cost of storage, and other charges incident to the seizure of the vehicle. The director of finance, chief of police, or any police officer shall be deemed to have seized and taken possession of any vehicle, after having securely sealed it where located and posted a notice upon the vehicle, setting forth the fact that it has been seized for not having a current official certificate of inspection, as required under subsection (a), and warning all other persons from molesting the vehicle. Any person who molests or disturbs any vehicle that has been seized pursuant to this section shall be fined not more than $500.

(c) In any county with a population of not more than five hundred thousand, all vehicles seized and sealed shall remain at the place of seizure or at any other place that the director of finance may direct, at the expense and risk of the owner. If the owner of the vehicle fails to redeem it within ten days after seizure, the vehicle may be sold by the director of finance at public auction to the highest bidder for cash, after giving ten days public notice in accordance with section 1-28.5; provided that the requirements of public auction may be waived when the appraised value of any vehicle is less than $250 as determined by the director of finance or authorized representative, in which case the vehicle may be disposed of in the same manner as when a vehicle is put up for public auction and for which no bid is received. The amount realized at the sale, less the amount of the applicable fines, together with all costs incurred in giving public notice, storing, and selling the vehicle and all other charges incident to the seizure and sale, shall be paid to the owner of the vehicle. If no claim for the surplus is filed with the director of finance within sixty days from the date of the sale, the surplus shall be paid into the county treasury as a government realization and all claim to that sum shall thereafter be forever barred.

(d) In any county with a population of not more than five hundred thousand, any vehicle impounded pursuant to this section shall be released forthwith to the registered owner, without payment of the applicable fines, cost of storage, and other charges incident to the seizure of the vehicle, if the interests of justice so require."

SECTION 3. Section 286-102, Hawaii Revised Statutes, is amended to read as follows:

"§286-102 Licensing. (a) No person, except one exempted under section 286-105, one who holds an instruction permit under section 286-110, one who holds a commercial driver's license issued under section 286-239, or a commercial driver's license instruction permit issued under section 286-236, shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles.

(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers:

(1) Mopeds;

(2) Motorcycles and motor scooters;

(3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and vans having a gross vehicle weight rating of fifteen thousand pounds or less; and

(4) All of the motor vehicles in category (3) and trucks having a gross vehicle weight rating of fifteen thousand one through twenty-six thousand pounds.

A school bus or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181.

(c) No person shall receive a driver's license without surrendering to the examiner of drivers all valid driver's licenses in the person's possession. All licenses so surrendered shall be returned to the issuing authority, together with information that the person is licensed in this State; provided that with the exception of driver's licenses issued by any Canadian province, a foreign driver's license may be returned to the owner after being invalidated pursuant to issuance of a Hawaii license; and provided further that the examiner of drivers shall notify the authority that issued the foreign license that the license has been invalidated and returned because the owner is now licensed in this State. No person shall be permitted to hold more than one valid driver's license at any time.

(d) In addition to other qualifications and conditions by or pursuant to this part, the right of an individual to hold a motor vehicle operator's license or permit issued by the county is subject to the requirements of section 576D-13.

Upon receipt of certification from the child support enforcement agency pursuant to section 576D-13 that an obligor or individual who owns or operates a motor vehicle is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, the examiner of drivers shall suspend the license and right to operate motor vehicles and confiscate the license of the obligor. The examiner of drivers shall not reinstate an obligor's or individual's license until the child support enforcement agency, the office of child support hearings, or the family court issues an authorization that states the obligor or individual is in compliance with an order of support or has complied with a subpoena or warrant relating to a paternity or child support hearing.

(e) In any county with a population of not more than five hundred thousand, if a person fails to comply with subsection (a), the motor vehicle may be seized by the director of finance or by any police officer, and held for a period of ten days, during which time the motor vehicle shall be subject to redemption by its owner by paying the applicable cost of storage and other charges incident to the seizure of the motor vehicle, and, if the owner was the driver of the motor vehicle at the time of seizure, by also proving that a valid license to operate the motor vehicle has been obtained. The director of finance, chief of police, or any police officer shall be deemed to have seized and taken possession of any motor vehicle, after having securely sealed it where located and posted a notice upon the motor vehicle, setting forth the fact that it has been seized for operation by a driver not duly licensed under subsection (a), and warning all other persons from molesting the motor vehicle. Any person who molests or disturbs any motor vehicle that has been seized pursuant to this section shall be fined not more than $500.

(f) In any county with a population of not more than five hundred thousand, all motor vehicles seized and sealed shall remain at the place of seizure or at any other place that the director of finance may direct, at the expense and risk of the owner. If the owner of the motor vehicle fails to redeem it within ten days after seizure, the motor vehicle may be sold by the director of finance at public auction to the highest bidder for cash, after giving ten days public notice in accordance with section 1-28.5; provided that the requirements of public auction may be waived when the appraised value of any motor vehicle is less than $250 as determined by the director of finance or authorized representative, in which case the motor vehicle may be disposed of in the same manner as when a motor vehicle is put up for public auction and for which no bid is received. The amount realized at the sale, less the costs incurred in giving public notice, storing, and selling the motor vehicle and all other charges incident to the seizure and sale, shall be paid to the owner of the motor vehicle. If no claim for the surplus is filed with the director of finance within sixty days from the date of the sale, the surplus shall be paid into the county treasury as a government realization and all claim to that sum shall thereafter be forever barred.

(g) In any county with a population of not more than five hundred thousand, any motor vehicle impounded pursuant to this section shall be released to the registered owner, without payment of the applicable cost of storage and other charges incident to the seizure of the motor vehicle, if the interests of justice so require.

(h) The licensing authority may adopt rules pursuant to chapter 91 to implement and enforce the requirements of this section."

SECTION 4. Section 286-116, Hawaii Revised Statutes, is amended to read as follows:

"§286-116 License, insurance identification card, possession, exhibition. (a) Every licensee shall have a valid driver's license in the licensee's immediate possession at all times, and a valid motor vehicle or liability insurance identification card applicable to the motor vehicle operated as required under section 431:10C-107 and section 431:10G-106, when operating a motor vehicle, and shall display the same upon demand of a police officer. Every police officer or law enforcement officer when stopping a vehicle or inspecting a vehicle for any reason shall demand that the driver or owner display the driver's or owner's driver's license and insurance identification card. No person charged with violating this section shall be convicted if the person produces in court, or proves from the proper official or other records that the person was the holder of a driver's license or a motor vehicle or liability insurance identification card and policy conforming to article 10C and article 10G of chapter 431 or a certificate of self-insurance issued by the insurance commissioner pursuant to section 431:10C-107 and section 431:10G-103, theretofore issued to the person and valid at the time of the person's arrest.

(b) At any time a law enforcement officer finds a motor vehicle in operation by a driver not in possession of the motor vehicle or liability insurance identification card required under section 431:10C-107 and section 431:10G-106, the officer shall issue a citation with the earliest possible date for court appearance in every instance.

(c) In all instances in which a citation shall be issued under subsection (b), whenever the driver cited is not found to be the registered owner of the motor vehicle under operation, the citation shall also be issued to the driver as the owner's agent and to the registered owner of the motor vehicle. Whenever the registered owner of any motor vehicle permits any person to operate the registered owner's motor vehicle, the registered owner appoints, designates, and constitutes the driver the registered owner's agent for all purposes under this section and section 431:10C-107, section 431:10G-106, and section 805-13.

(d) The operation of any motor vehicle required to be licensed on a highway by a driver, whether or not licensed, who knows, or has reason to believe, that the motor vehicle is not insured in compliance with article 10C and article 10G of chapter 431, shall constitute a violation of this chapter.

(e) Any registered owner of any motor vehicle required to be licensed, who directly or indirectly permits the operation of such motor vehicle on any highway at any time the motor vehicle is not insured in compliance with article 10C and article 10G of chapter 431, shall be guilty of a violation of this chapter. The registered owner shall, in all cases, be presumed to know whether a motor vehicle is insured in compliance with article 10C and article 10G of chapter 431.

(f) In any county with a population of not more than five hundred thousand, notwithstanding any other law to the contrary, if a person fails to display a valid insurance identification card as required under subsection (a), the motor vehicle may be seized by the director of finance or by any police officer, and held for a period of ten days, during which time the motor vehicle shall be subject to redemption by its owner by paying the applicable cost of storage and other charges incident to the seizure of the motor vehicle, and by also showing a valid insurance identification card, as required under subsection (a). The director of finance, chief of police, or any police officer shall be deemed to have seized and taken possession of any motor vehicle, after having securely sealed it where located and posted a notice upon the motor vehicle, setting forth the fact that it has been seized for failure to display a valid insurance identification card as required under subsection (a), and warning all other persons from molesting the motor vehicle. Any person who molests or disturbs any motor vehicle that has been seized pursuant to this section shall be fined not more than $500.

(g) In any county with a population of not more than five hundred thousand, all motor vehicles seized and sealed shall remain at the place of seizure or at any other place that the director of finance may direct, at the expense and risk of the owner. If the owner of the motor vehicle fails to redeem it within ten days after seizure, the motor vehicle may be sold by the director of finance at public auction to the highest bidder for cash, after giving ten days public notice in accordance with section 1-28.5; provided that the requirements of public auction may be waived when the appraised value of any motor vehicle is less than $250 as determined by the director of finance or authorized representative, in which case the motor vehicle may be disposed of in the same manner as when a motor vehicle is put up for public auction and for which no bid is received. The amount realized at the sale, less the costs incurred in giving public notice, storing, and selling the motor vehicle and all other charges incident to the seizure and sale, shall be paid to the owner of the motor vehicle. If no claim for the surplus is filed with the director of finance within sixty days from the date of the sale, the surplus shall be paid into the county treasury as a government realization and all claim to that sum shall thereafter be forever barred.

(h) In any county with a population of not more than five hundred thousand, any motor vehicle impounded pursuant to this section shall be released to the registered owner, without payment of the applicable cost of storage and other charges incident to the seizure of the motor vehicle, if the interests of justice so require."

SECTION 5. Section 431:10C-104, Hawaii Revised Statutes, is amended to read as follows:

"§431:10C-104 Conditions of operation and registration of motor vehicles. (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] the motor vehicle is insured at all times under a motor vehicle insurance policy.

(b) Every owner of a motor vehicle used or operated at any time upon any public street, road, or highway of this State shall obtain a motor vehicle insurance policy upon [such] the vehicle which provides the coverage required by this article and shall maintain the motor vehicle insurance policy at all times for the entire motor vehicle registration period.

(c) Any person who violates the provisions of this section shall be subject to the provisions of section 431:10C-117(a).

(d) [The provisions of this] This article shall not apply to any vehicle owned by or registered in the name of any agency of the federal government, or to any antique motor vehicle as defined in section 249-1.

(e) In any county with a population of not more than five hundred thousand, notwithstanding any other law to the contrary, if a person fails to comply with subsection (a), the motor vehicle may be seized by the director of finance or by any police officer, and held for a period of ten days, during which time the motor vehicle shall be subject to redemption by its owner by paying the applicable cost of storage and other charges incident to the seizure of the motor vehicle, and by also proving that a valid motor vehicle insurance policy has been obtained. The director of finance, chief of police, or any police officer shall be deemed to have seized and taken possession of any motor vehicle, after having securely sealed it where located and posted a notice upon the motor vehicle, setting forth the fact that it has been seized for failure to have a valid motor vehicle insurance policy under subsection (a), and warning all other persons from molesting the motor vehicle. Any person who molests or disturbs any motor vehicle that has been seized pursuant to this section shall be fined not more than $500.

(f) In any county with a population of not more than five hundred thousand, all motor vehicles seized and sealed shall remain at the place of seizure or at any other place that the director of finance may direct, at the expense and risk of the owner. If the owner of the motor vehicle fails to redeem it within ten days after seizure, the motor vehicle may be sold by the director of finance at public auction to the highest bidder for cash, after giving ten days public notice in accordance with section 1-28.5; provided that the requirements of public auction may be waived when the appraised value of any motor vehicle is less than $250 as determined by the director of finance or authorized representative, in which case the motor vehicle may be disposed of in the same manner as when a motor vehicle is put up for public auction and for which no bid is received. The amount realized at the sale, less the costs incurred in giving public notice, storing, and selling the motor vehicle and all other charges incident to the seizure and sale, shall be paid to the owner of the motor vehicle. If no claim for the surplus is filed with the director of finance within sixty days from the date of the sale, the surplus shall be paid into the county treasury as a government realization and all claim to that sum shall thereafter be forever barred.

(g) In any county with a population of not more than five hundred thousand, any motor vehicle impounded pursuant to this section shall be released to the registered owner, without payment of the applicable cost of storage and other charges incident to the seizure of the motor vehicle, if the interests of justice so require."

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

SECTION 7. This Act shall take effect upon its approval.