Bill Text: HI SB2920 | 2012 | Regular Session | Introduced
Bill Title: Towing; Insurance Requirements; Consensual Tow Provider
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2012-01-27 - (S) Referred to TIA, CPN. [SB2920 Detail]
Download: Hawaii-2012-SB2920-Introduced.html
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THE SENATE |
S.B. NO. |
2920 |
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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 TOWING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-135, Hawaii Revised Statutes, is amended to read as follows:
"§291C-135 Tow trucks; signage and insurance requirements. Notwithstanding any other law to the contrary, the registered owner or lessee of a tow truck shall:
(1) Permanently affix on each door of the truck a sign with the name and telephone number of the tow business. The letters and numbers used in the sign shall be no less than two inches in height; and
(2) Maintain insurance in the following amounts:
(A) Bodily injury of not less than $500,000;
(B) Property damage of not less than $200,000; and
(C) On-hook coverage of not less than $175,000; or
(D) A combined single limit of liability of
not less than $1,000,000[,];
to protect owners of towed vehicles in the event
of vehicle loss or damage due to towing or bodily injury in the course of
towing[.]; provided that a registered owner or lessee of a tow truck
that only performs towing when requested by the owner or driver of a vehicle
shall not be required to comply with subparagraphs (A) through (D), but shall
maintain insurance coverage sufficient to protect owners of towed vehicles in
the event of vehicle loss or damage due to towing or bodily injury in the
course of towing. If a tow operator fails to comply with the insurance
requirements of this section, no charges, including storage charges, may be
collected by the tow operator as a result of the tow or as a condition of the
release of the towed vehicle. Any person, including the registered owner, lien
holder, or insurer of the vehicle, who has been injured by the tow operator's
failure to comply with this section is entitled to sue for damages sustained.
If a judgment is obtained by the plaintiff, the court shall award the plaintiff
a sum of not less than $1,000 or threefold damages sustained by the plaintiff,
whichever sum is greater, and reasonable attorney's fees and costs.
This section shall not apply to a county that has adopted ordinances regulating towing operations."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Towing; Insurance Requirements; Consensual Tow Provider
Description:
Exempts the owner or lessee of a tow truck that only provides consensual towing from mandatory insurance minimums.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
