Motor vehicle towing and storage; settlement; disabled vehicles
HRS §291C-165.5
in effect291C-165.5. Motor vehicle towing and storage; settlement; disabled vehicles
(a) Notwithstanding any other provision of this chapter, any vehicle identified for removal pursuant to any county ordinance ordering removal of motor vehicles by any county police department for traffic violations, or any vehicle involved in a motor vehicle accident that cannot be moved under its own power or is otherwise disabled, including a vehicle which constitutes an obstruction or hazard to traffic, may be towed away at the expense of the registered owner of the vehicle, as provided by this section.
(b) The towing company shall determine the
name of the lien holder and the last 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 last 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) 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 and any additional amount allowed by section 290-11(b) for
overturned vehicles; provided that if the notice required by this section was
not sent within twenty days after the tow, neither the last 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 last registered owner or any person with any
unrecorded interest in the vehicle whose name or address cannot be determined.
Any person who violates any provision of this section shall be deemed to have:
(1) Engaged in an unfair or deceptive act or practice
in the conduct of any trade or commerce within the meaning of section 480-2 and
subject to the penalties and remedies of chapter 480; and
(2) Furnished services without a license within the
meaning of section 487-13 and subject to penalties and remedies under chapter
487.
(c) When a vehicle is recovered by the owner
or lien holder before written notice is sent by registered or certified mail,
the towing company shall provide the owner or lien holder with a receipt
stating the maximum towing charges and fees allowed by law and the telephone
number of the county finance department that arranged for or authorized the
tow.
(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 statewide public notice as required in
section 1-28.5, may negotiate a sale of the vehicle or dispose of it as junk.
(e) The authorized seller of the vehicle shall
be entitled to the proceeds of the sale to the extent that compensation is due
to 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 registered owner or lien holder of the
vehicle if the registered owner or lien holder is found. If the registered owner
or lien holder cannot be found, the balance shall be deposited with the
director of finance of the State and shall be paid out to the registered owner
or lien holder of the vehicle if a proper claim is filed therefor within one
year from the execution of the sales agreement. The lien holder shall have
first priority to the funds to the extent of the lien holder's claim. If no
claim is made within the year allowed, the money shall escheat to the State.
(f) The transfer of title and interest by sale
under this section 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.
(g) In the event that a motor vehicle is
involved in an accident and cannot be moved under its own power or is otherwise
disabled and constitutes an obstruction or hazard to traffic, and the vehicle
has not been ordered to be towed by the applicable county police department,
the towing of such vehicle and the towing and storage expenses shall be subject
to the provisions of section 290-11(b).
(h) This section shall not apply to a county
that has adopted ordinances regulating towing operations. This section shall
not apply to automobile clubs or towing companies operating under a contract
with an automobile club, insurer, or motor vehicle manufacturer. For purposes
of this subsection, "automobile club" means a legal entity that, in
consideration of dues, assessments, or periodic payments of money, promises to
assist its members or subscribers in matters relating to motor travel or the
operation, use, or maintenance of a motor vehicle by supplying services that
may include but are not limited to towing services and emergency road service.
[L 1998, c 139, §1; am L 1999, c 259, §2; am L 2000, c 260, §3; am L 2003, c
84, §5; am L 2020, c 41, §3 and c 55, §1; am L 2024, c 60, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0165_0005.htmFetched: 11/10/2026