Report Title:

Motor Vehicles; Removal and Shipping

Description:

Exempts motor vehicle rental companies that periodically ship 10 or more vehicles between the islands or from the State from the requirements for removing and shipping vehicles.

THE SENATE

S.B. NO.

676

TWENTY-SECOND LEGISLATURE, 2003

 

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. The legislature finds that motor vehicle rental companies doing business in Hawaii typically remove or ship ten or more vehicles between the islands and from the State on a regular basis. The purpose of this Act is to ease the current restrictions and requirements for shipping and removing vehicles that are imposed on those motor vehicle rental companies.

SECTION 2. Section 286-57, Hawaii Revised Statutes, is amended to read as follows:

"§286-57 Unlawful removal of motor vehicles from State. (a) It shall be unlawful for any person to remove, attempt to remove, cause to be removed, or assist in so doing, any motor vehicle registered pursuant to this part from the State to any other place away from the State, unless the person is the legal owner [thereof] of the vehicle or [unless the] has first obtained written authorization [of] from the legal owner [thereof to the removal has first been obtained.] of the vehicle.

(b) No person owning or having control of any vessel, airplane, or other means of transportation, and no agent or employee of [such] the person, shall transport any [such] vehicle from the State to any other place away from the State, or accept [the same] any vehicle for the transportation, or deliver any bill of lading, order, or other written instrument authorizing the transportation, unless the person requesting the transportation:

(1) [produces] Produces a certificate of ownership and a current certificate of registration showing that the person is the legal owner of the vehicle; or

(2) [produces,] Produces, if the person is not the legal owner [thereof,] of the vehicle, a current certificate of registration showing that the person is the registered owner of the vehicle and, in addition [thereto], obtains the written consent of the legal owner [thereof] of the vehicle to the transportation.

(c) No person owning or having control of any vessel, airplane, or other means of transportation, and no agent or employee of [such] the person, shall transport any used vehicle between the counties or from the State to any other place away from the State, unless, in addition to any other requirements, [such] the person records by physical inspection the vehicle identification number (VIN) of [such] the vehicle and maintains a record of the transporting of the vehicle along with the description and vehicle identification number (VIN) for a period of not less than three years.

(d) This section shall not apply to any motor vehicle rental company as defined in section 431:9A-141 that periodically ships in quantities of ten vehicles or more.

(e) Records maintained as required above, and all other records and receipts relating to the exportation of vehicles shall be available for inspection by the federal, state, or county police agencies during normal business hours."

SECTION 3. Section 286-271, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) This section shall not apply to [licensed]:

(1) Any motor vehicle rental company as defined in section 431:9A-141 that periodically ships in quantities of ten vehicles or more; or

(2) Licensed dealers who periodically ship in quantities of ten vehicles or more, or whose primary business is the auction of insurance salvage vehicles."

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

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________