Bill Text: HI SB16 | 2015 | Regular Session | Amended
Bill Title: Towing; Vehicle Owner; Hooked Up; Scene; Towing Company
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2015-03-25 - The committee(s) on CPC recommend(s) that the measure be deferred. [SB16 Detail]
Download: Hawaii-2015-SB16-Amended.html
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THE SENATE |
S.B. NO. |
16 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TOWING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that section 290-11, Hawaii Revised Statutes, was enacted in 1973 to address the towing of vehicles left unattended on private and public property. Since then, section 290-11, Hawaii Revised Statutes, has been amended twenty-one times. The amendments have changed the amount of allowable fees, signage and notification requirements, and other important issues related to towing vehicles.
In 2007, the legislature took notice of complaints regarding "unhooking" fees, and Act 269, Session Laws of Hawaii 2007, eliminated such fees "when an owner appears on the scene to recover a vehicle".
The legislature further finds that section 290-11, Hawaii Revised Statutes, uses multiple terms for "owner", resulting in confusion as to who may recover a vehicle that is hooked up or has been towed to a tow company's yard.
The purpose of this Act is to provide a definition section to section 290-11, Hawaii Revised Statutes, to address questions of vehicle ownership and normalize the usage of the term "vehicle owner" in order to enable permissive users and renters to avail themselves of the protections envisioned by the legislature when Act 269, Session Laws of Hawaii 2007, became enacted.
SECTION 2. Section 290-11, Hawaii Revised Statutes, is amended to read as follows:
"§290-11 Vehicles left unattended on private and public property; sale or disposition of abandoned vehicles. (a) For the purposes of this section:
"Hooked up" means attached to the tow truck and securely fastened by means of clamps, ropes, straps, cargo nets, or other suitable mechanical device to prevent the vehicle from dropping off of the tow truck or from shifting in any manner.
"Scene" refers to the following from which a vehicle is being towed:
(1) A parking stall on a public street or in a public or private parking lot;
(2) A particular spot on any property; or
(3) A spot curbside on a street in the case of a vehicle blocking a driveway, including partially;
For purposes of a tow truck hooking up a vehicle, the "scene" includes a radius of four feet around the vehicle being towed unless the vehicle is hooked up on a public street under paragraph (1) or curbside under paragraph (3).
"Vehicle owner" means the legal or registered owner of the vehicle, a person renting the vehicle pursuant to chapter 437D, or any person in possession of the key or remote keyless ignition system to the vehicle.
[(a)] (b) Notwithstanding any
other provision of this chapter, any vehicle left unattended on private or
public property without authorization of the owner or occupant of the property,
may be towed away at the expense of the [owner of the vehicle,] vehicle
owner, by order of the owner, occupant, or person in charge of the
property; provided that there is posted a notice prohibiting vehicles to park
on the property without authorization. The notice shall state that the vehicle
will be towed and held at the expense of the vehicle owner, as well as the
name, address, and a telephone number of the facility where the vehicle will be
towed and held. The notice shall be of such size and be placed in a location
that is clearly visible to the driver of a vehicle approaching any individual
marked or unmarked parking space; provided that where an entire parking lot
consists of restricted parking spaces, placement of the notice at each entrance
of the parking lot shall suffice.
[(b)] (c) Towing companies
engaged by the owner, occupant, or person in charge of the property shall:
(1) Charge not more than $65 for a tow, or $75 for a
tow using a dolly, plus a mileage charge of $7.50 per mile towed and $25 per
day or fraction thereof for storage for the first seven days and $20 per day
thereafter. In the case of a difficult hookup, meaning an above or below
ground hookup in a multilevel facility, a towing surcharge of $30 shall be
applicable. When the tow occurs between the hours of six o'clock p.m. and
six o'clock a.m., from Monday through Thursday and from six o'clock p.m. Friday
to six o'clock a.m. Monday, the towing company shall be entitled to an overtime
charge of $15. If the vehicle is in the process of being hooked up or is
hooked up to the tow truck and the vehicle owner appears on the scene,
the towing company shall [unhook] release the vehicle to the
vehicle owner and shall not charge any fee to the vehicle owner [of
the vehicle. In the case of a difficult hookup, meaning an above or
below ground hookup in a multilevel facility, a towing surcharge of $30 shall
be applicable]; provided that a date and time stamped photograph of the
hooked up vehicle at the scene, showing the license plate of the vehicle, shall
be evidence that the vehicle is hooked up as defined in this section;
(2) Determine the name of the [legal owner and the
registered owner of the] vehicle owner from the department of
transportation or the county department of finance. The [legal owner and
the registered] vehicle owner shall be notified in writing at the
address on record with the department of transportation or with the county
department of finance by registered or certified mail of the location of the
vehicle, together with a description of the vehicle, within a reasonable period
not to exceed fifteen days following the tow. The notice shall state:
(A) The maximum towing charges and fees allowed by law;
(B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and
(C) That if the vehicle is not recovered within thirty days after the mailing of the notice, the vehicle shall be deemed abandoned and will be sold or disposed of as junk.
Where the [owners have] vehicle owner
has not been so notified, then the vehicle owner may recover the [owner's
car] vehicle from the towing company without paying any tow
or storage fees; provided that the notice need not be sent to a legal or
registered owner or any person with an unrecorded interest in the vehicle whose
name or address cannot be determined. Absent evidence to the contrary, a
notice shall be deemed received by the [legal or registered] vehicle
owner five days after the mailing. [A] Any person, including but
not limited to the vehicle owner's or driver's insurer, who has been
charged in excess of the charges permitted under this section may sue for
damages sustained and, if the judgment is for the plaintiff, the court shall
award the plaintiff a sum not to exceed the amount of the damages and
reasonable attorney's fees together with the cost of suit;
(3) Provide, when a vehicle is recovered by the vehicle owner before written notice is sent by registered or certified mail, the vehicle owner with a receipt stating:
(A) The maximum towing charges and fees allowed by law; and
(B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and
(4) Accommodate payment by the vehicle owner for charges under paragraph (1) by cash and by either credit card or automated teller machine located on the premises.
[(c)] (d) When a vehicle is not
recovered within thirty days after the mailing of the notice, it shall be
deemed abandoned and the owner of the towing company, or the owner of the
towing company's authorized representative, after one public advertisement in a
newspaper of general circulation in the State, may negotiate a sale of the
vehicle or dispose of it as junk.
[(d)] (e) The authorized seller
of the vehicle shall be entitled to the proceeds of the sale to the extent that
compensation is due the authorized seller for services rendered in respect to
the vehicle, including reasonable and customary charges for towing, handling,
storage, and the cost of the notices and advertising required by this part.
Any remaining balance shall be forwarded to the [legal or registered] vehicle
owner [of the vehicle] if the [legal or registered] vehicle
owner can be found. If the [legal or registered] vehicle owner
cannot be found, the balance shall be deposited with the director of finance of
the State and shall be paid out to the [legal or registered] vehicle
owner [of the vehicle] if a proper claim is filed therefor within one
year from the execution of the sales agreement. If no claim is made within the
year allowed, the money shall become a state realization.
[(e)] (f) The transfer of title
and interest by sale under this part is a transfer by operation of law;
provided that if the certificate of ownership or registration is unavailable, a
bill of sale executed by an authorized seller is satisfactory evidence
authorizing the transfer of the title or interest.
[(f)] (g) Notwithstanding any
law or ordinance to the contrary, including subsection [(g),] (h)
and section 46-20.5, any towing company engaged in towing in a county with a
population greater than five hundred thousand shall offer towing services to
consumers twenty-four hours per day every day of the week, which services shall
include the release of vehicles kept in storage to a registered owner, legal
owner, insurer, or a designated representative.
[(g)] (h) This section shall not
apply to a county that has adopted ordinances regulating towing
operations."
SECTION 3. Section 291C-165.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The towing company shall determine the name of the lien holder and the registered owner of the vehicle from the department of transportation or the county department of finance. The lien holder and the registered owner shall be notified by the towing company in writing at the address on record with the department of transportation or with the county department of finance by registered or certified mail of the location of the vehicle, together with a description of the vehicle, within a reasonable period not to exceed twenty days following the tow. The notice shall state:
(1) The maximum towing charges and fees allowed by law;
(2) The telephone number of the county finance department that arranged for or authorized the tow; and
(3) That if the vehicle is not recovered within thirty days after the mailing of the notice, the vehicle shall be deemed abandoned and will be sold or disposed of as junk.
Any towing company engaged in towing pursuant to
this section shall comply with the requirements of section 291C-135. When the
vehicle is recovered after the tow by the registered owner or lien holder, the
party recovering the vehicle shall pay the tow and storage charges which shall
not exceed the charges as provided by section [290-11(b)] 290-11(c)
or the rates agreed upon with the respective counties, whichever is lower,
except that tow operators may charge additional reasonable amounts for
excavating vehicles from off-road locations; provided that if the notice
required by this section was not sent within twenty days after the tow, neither
the registered owner nor the lien holder shall be required to pay the tow and
storage charges. No notice shall be sent to a legal or registered owner or any
person with any unrecorded interest in the vehicle whose name or address cannot
be determined. A person, including but not limited to the owner's or driver's
insurer, who has been charged in excess of the charges permitted under this
section may sue for damages sustained, and, if the judgment is for the
plaintiff, the court shall award the plaintiff a sum not to exceed the amount
of these damages and reasonable attorney's fees together with the cost of the
suit."
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.
Report Title:
Towing; Vehicle Owner; Hooked Up; Scene
Description:
Establishes definitions of "hooked up", "scene", and "vehicle owner" to clarify when a vehicle must be released by a towing company. Establishes date and time stamped photo as proof of vehicle being hooked up. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
