Bill Text: HI HB405 | 2019 | Regular Session | Introduced
Bill Title: Relating To Motor Vehicle Towing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-02-08 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Cabanilla Arakawa, Nakamura, Thielen excused (3). [HB405 Detail]
Download: Hawaii-2019-HB405-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
405 |
THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLE TOWING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XII to be appropriately designated and to read as follows:
"§291C- Towing for an accident; written estimate;
permissible charges. (a) In the event that a motor vehicle is disabled
due to an accident and the motor vehicle owner or operator is present at the
time of the tow, the towing company or the owner or operator of the tow truck
shall provide a written and itemized estimate of all costs for services that
are to be performed prior to the motor vehicle being attached to the tow
truck. The estimate shall have the
following information:
(1) Name, physical
address, telephone number, and motor carrier permit number of the towing
company;
(2) License plate
of the tow truck performing the tow;
(3) Written notice
advising the owner or operator that the tow truck is not operating as a police-dispatched
tow;
(4) First and last
name of the tow truck operator and, if different, first and last name of the
person from the towing company giving the estimate;
(5) Descriptions
and costs for all services, including but not limited to charges for labor,
specialty equipment, mileage from the scene of the accident to the storage lot
or a repair facility, accident scene clean-up, and storage fees expressed as a
twenty-four-hour rate; and
(6) The difference
between rates and costs being charged by the towing company compared to:
(A) The
contract rate for police-dispatched tows for that county; or
(B) In
the absence of a contract rate for police-dispatched tows in the county, the
charges identified in section 290-11(b).
The written estimate shall be signed by the motor
vehicle owner or operator and a copy of the written estimate shall be given to
the signee.
(b) Charges for all services shall not exceed the
contract rate for police-dispatched tows when:
(1) No written
estimate is provided as required by subsection (a); or
(2) The owner or
operator of the motor vehicle is not present when the motor vehicle is towed
from the motor vehicle accident scene.
(c) A towing company that charges a rate more
than is authorized by this section shall not be entitled to collect any charges
for any services and shall release the vehicle upon request to the owner or
operator without charge for any services.
(d) This section shall not apply to towing
companies operating under a contract with a police department."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on August 1, 2019.
INTRODUCED BY: |
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Report Title:
Motor Vehicles; Towing; Written Estimate
Description:
Requires a tow truck company not operating under a police department contract to provide a written estimate for services prior to the attachment of a motor vehicle to the tow truck when towing a motor vehicle from an accident. Specifies the fees that may be charged for services.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.