Bill Text: HI HB2753 | 2012 | Regular Session | Introduced
Bill Title: Motor Vehicle; Impound; Seizure; Insurance; Safety Check; License
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2012-01-27 - (H) Referred to TRN, JUD, FIN, referral sheet 9 [HB2753 Detail]
Download: Hawaii-2012-HB2753-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2753 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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).
(b) 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 a 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 tampering with the vehicle. Any person who tampers with or disturbs any vehicle that has been seized pursuant to this section shall be fined not more than $500.
(c) 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 the county where the vehicle was seized and by posting notices in at least three public places in the district where the vehicle was seized; 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 an authorized representative, in which case the vehicle may be disposed of in the same manner as when a motor vehicle is put up for public auction and 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) 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 2. 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 provisional license under section 286‑102.6, one who holds a commercial driver's license issued under section 286‑239, or one who holds 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 any vehicle that is not a commercial motor vehicle.
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) Before issuing a driver's license, the examiner of drivers shall complete a check of the applicant's driving record to determine whether the applicant is subject to any disqualification under section 286-240, or any license suspension, revocation, or cancellation under state law, and whether the applicant has a driver's license from more than one state or jurisdiction. The record check shall include but is not limited to the following:
(1) A check of the applicant's driving record as maintained by the applicant's state of licensure;
(2) A check with the commercial driver license information system;
(3) A check with the National Driver Register; and
(4) If the driver is renewing a commercial driver's license for the first time after September 30, 2002, a request for the applicant's complete driving record from all states where the applicant was previously licensed to drive any motor vehicle over the last ten years; provided that a notation is made on the driving record confirming the check has been made and the date it was done.
(e) 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.
(f) 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 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 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, as required under subsection (a), and warning all other persons from tampering with the vehicle. Any person who tampers with or disturbs any vehicle that has been seized pursuant to this section shall be fined not more than $500.
(g) 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 the county where the motor vehicle was seized and by posting notices in at least three public places in the district where the motor vehicle was seized; 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 an 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 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) Any vehicle impounded pursuant to this section shall be released forthwith 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.
(i) The licensing authority may adopt rules pursuant to chapter 91 to implement and enforce the requirements of this section."
SECTION 3. 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] sections
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] articles
10C and [article] 10G of chapter 431 or a certificate of self-insurance
issued by the insurance commissioner pursuant to [section] sections
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]
sections 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]
sections 805-13, 431:10C-107, [section] and 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] articles 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]
the motor vehicle on any highway at any time the motor vehicle is not
insured in compliance with [article] articles 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] articles 10C and [article]
10G of chapter 431.
(f) 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 tampering with the vehicle. Any person who tampers with or disturbs any motor vehicle that has been seized pursuant to this section shall be fined not more than $500.
(g) 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 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 the county where the motor vehicle was seized and by posting notices in at least three public places in the district where the vehicle was seized; 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 an authorized representative, in which case the vehicle may be disposed of in the same manner as when a motor vehicle is put up for public auction and no bid is received. The amount realized at the sale, less the 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 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) Any vehicle impounded pursuant to this section shall be released forthwith to the registered owner, without payment of the applicable cost of storage and other charges incident to the seizure of the vehicle, if the interests of justice so require."
SECTION 4. 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 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 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 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) 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 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 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, as required under subsection (a), and warning all other persons from tampering with the vehicle. Any person who tampers with or disturbs any vehicle that has been seized pursuant to this section shall be fined not more than $500.
(f) 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 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 the county where the motor vehicle was seized and by posting notices in at least three public places in the district where the motor vehicle was seized; 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 an authorized representative, in which case the vehicle may be disposed of in the same manner as when a motor vehicle is put up for public auction and 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) Any motor vehicle impounded pursuant to this section shall be released forthwith to the registered owner, without payment of the applicable cost of storage and other charges incident to the seizure of the vehicle, if the interests of justice so require."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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, 2013.
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INTRODUCED BY: |
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Report Title:
Motor Vehicle; Impound; Seizure; Insurance; Safety Check; License
Description:
Authorizes and sets forth procedures for impounding a motor vehicle after a person has been fined three or more times for operating a vehicle without a valid certificate of inspection, or for operating a vehicle without being duly licensed, without a valid insurance card, or without a valid insurance policy.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
