USED MOTOR VEHICLE PARTS AND ACCESSORIES

HRS div. 1, tit. 17, ch. 289

in effect

HRS §289-1 Definitions

289-1. Definitions As used in this chapter: "Business" includes any activities engaged in by any person or organization or caused to be engaged in by the person or it for the object of gain, benefit, or advantage, either direct or indirect. "Director of finance" means the director of finance of each county. "Engaged in business", "engaging in business", and equivalent expressions mean commencing, conducting, or continuing in, holding oneself out by advertising, or any other means of being in a business, as well as liquidating a business when the liquidator thereof holds oneself out to be conducting the business. However, making or negotiating a casual or isolated sale or purchase is not engaging in business, but the sale or negotiation for the purchase by any person, during any period of one year, of more than three used motor vehicle parts or accessories (except as an incident to the established business of a licensed seller) shall be presumptive evidence that the person negotiating for, or effecting such sale or purchase is engaging in the business of selling or negotiating the purchase of used motor vehicle parts or accessories and that, if unlicensed pursuant to this chapter, the person negotiating for, or effecting such sale or purchase is violating section 289-2 of this chapter. "Motor vehicle" means every vehicle which is self-propelled. "Retail", "sale at retail", "retail sale", and equivalent expressions, mean the act or attempted act of selling a used motor vehicle part or accessory to a person for use as a consumer. "Sale", "selling", and equivalent expressions, mean the act or attempted act, either as principal or an agent or in any capacity whatsoever, of selling, bartering, exchanging, or otherwise disposing of, or negotiating, or offering, or attempting to negotiate, the sale, purchase, or exchange of, or any interest in, a used motor vehicle part or accessory. "Used motor vehicle part or accessory" means a motor vehicle part or motor vehicle accessory which has been the subject of prior sale at retail, either individually or attached to a motor vehicle as a component part or accessory thereof. "Wholesale", "sale at wholesale", "wholesale sale", and equivalent expressions mean any sale other than a retail sale. [L 1967, c 277, §2; HRS §289-1; gen ch 1985]

HRS §289-2 Unlicensed person not to engage in business

289-2. Unlicensed person not to engage in business It shall be unlawful for any person or organization, not duly licensed under this chapter, to engage in the business of: (1) Purchasing or selling used motor vehicle parts or accessories; or (2) Engaging in the business of wrecking, salvaging, or dismantling motor vehicles for the purpose of reselling the parts or accessories thereof. [L 1967, c 277, §3; HRS 289-2; am L 1984, c 276, §9]

HRS §289-3 Application for a license

289-3. Application for a license (a) Any person desiring to engage in any business described in section 289-2 shall file an application for a license therefor with the director of finance. The application for a license shall be made on the form prescribed by the director of finance and shall contain the following information: (1) Name of applicant and location of principal place of business; (2) The kind or nature of the business or businesses enumerated in section 289-2 which is to be conducted; (3) Name or style under which the business is to be conducted; (4) Name and address of each owner or partner, and, if a corporation, the names of the officers and directors; (5) Address of each place of business at which the business is to be conducted; (6) A statement showing whether or not the applicant has previously applied for a license under this chapter and the result of the application, and whether or not the applicant has ever been the holder of such a license which was revoked or suspended; (7) If the applicant is a corporation or copartnership, a statement showing whether or not any of the partners, employees, officers, or directors has been refused such a license, or has been the holder of such a license which was revoked or suspended. (b) Prior to the expiration of a license issued under this chapter, in lieu of an application for any renewal of a license as required herein, the director of finance may accept a verified certificate signed by the licensee showing that there has been no change, or no change with specified exceptions, since the last filing of an application in respect to: (1) Personnel of owners, partners, officers, or directors; (2) Location of offices, or principal place of business; and (3) That no proceeding is pending for the suspension or revocation of the licensee's existing license. (c) A fee of $10 shall accompany each application for a license. [L 1967, c 277, §4; HRS §289-3]

HRS §289-5 Suspension and revocation of license

289-5. Suspension and revocation of license The director of finance shall suspend or revoke a license, upon notice and reasonable opportunity to be heard by the licensee, if the director of finance finds: (1) The license was fraudulently procured or erroneously issued; or (2) The licensee or any partner or principal officer of the licensee, if a partnership or a corporation, has failed to comply with this chapter or the laws of the State relating to the registration of motor vehicles; or (3) The licensee has been guilty of a fraudulent act in connection with selling or otherwise dealing in a wrecked or rebuilt motor vehicle or in dealing in used motor vehicle parts or accessories; or (4) The licensee has been convicted of a felony or misdemeanor involving moral turpitude, and not pardoned; or (5) In case the licensee is a corporation, partnership, trust, or other business association, the director of finance may revoke or suspend the license in the event the director of finance finds that any officer, director, trustee, employee, or partner of the licensee has been guilty of any act or omission which would be cause for revoking or suspending a license issued to such officer, director, trustee, employee, or partner as an individual; or the director of finance's findings may be based on facts contained in the application, or any other information the director of finance may have, or both. [L 1967, c 277, §6; HRS §289-5; gen ch 1985]

HRS §289-6 Records to be kept

289-6. Records to be kept Every licensee shall keep a record, and maintain it for three years, in the form the director of finance prescribes, of the purchases, consignments, sales, and exchanges, moneys, commissions, or any other thing of value paid or agreed to be paid to any person for each wrecked, salvaged, or rebuilt motor vehicle, used motor vehicle part or accessory purchased, sold, consigned to be sold, or exchanged, and the records shall be at all times open to the inspection of the director of finance, or the director of finance's authorized representative, or any police officer. The records shall contain: (1) The name, address, and driver's license number of all persons from whom any wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle part or accessory is purchased or received, the date of their receipt or acquisition, and the consideration given; (2) The name and address of any person to whom any wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle part or accessory is sold, consigned to be sold, or otherwise exchanged, the consideration received therefor, and its date of disposition; (3) The name and address of any person who has received any money, commissions, or anything of value, or to whom the same is due and owing, in connection with the sale or purchase of any such motor vehicle, or used motor vehicle part or accessory; and (4) A description of every such motor vehicle, used motor vehicle part, or accessory, including the identifying number or numbers for each such motor vehicle or used motor vehicle part or accessory. [L 1967, c 277, §7; HRS §289-6; gen ch 1985]

HRS §289-7 Director of finance to maintain records

289-7. Director of finance to maintain records The director of finance shall promulgate, pursuant to chapter 91, the rules and regulations necessary for the carrying out of this chapter and also prescribe the forms for the applications, licenses, and other documents mentioned herein, and shall create and maintain in the director of finance's office an appropriate filing system to accommodate the records required to be filed with the director of finance by this chapter. [L 1967, c 277, §8; HRS §289-7; gen ch 1985]

HRS §289-8 Penalties

289-8. Penalties Whoever violates any of the provisions of this chapter or any lawful rule or regulation promulgated by the director of finance under authority of this chapter, for the violation of which no penalty is provided by law, shall be fined not less than $25 nor more than $500. [L 1967, c 277, §9; HRS §289-8]

HRS §289-9 Statement required; catalytic converter

289-9. Statement required; catalytic converter (a) Every licensee, before the purchase of a catalytic converter within the State, shall obtain a written statement signed by the seller certifying that the seller has the lawful right to sell and dispose of the catalytic converter. This statement shall also contain the: (1) Seller's name, business or residence address, and occupation; (2) Description, including serial numbers and other identifying marks, when practical, of every catalytic converter; (3) Amount paid to the seller; (4) Date, time, and place of the sale; and (5) License plate number of any vehicle used to deliver the property to the place of purchase. (b) The seller shall provide a copy of a receipt that describes, with particularity: (1) The exact item that is being offered for sale; (2) The name of the person who issued the receipt; (3) The date of sale of the item before the item's being offered to the licensee; and (4) The price, if any, of the item when obtained by the seller. (c) If a receipt is not available, the seller shall provide to the licensee a notarized declaration that describes with particularity: (1) The exact item that is being offered for sale; (2) The name of the person who sold or otherwise transferred the item to the seller; (3) The date of sale of the item; and (4) The price, if any, of the item when obtained by the seller. (d) If the seller does not provide a copy of the receipt or the notarized declaration as required by subsection (b) or (c), respectively, the licensee shall not purchase the catalytic converter, in whole or in part, and shall report the attempted sale to the applicable county police department. (e) Upon purchase of any catalytic converter, in whole or in part, the licensee shall take one or more separate photographs of each individual catalytic converter offered for sale. (f) The licensee shall require the seller to verify the seller's identity by presenting a valid photo identification card or driver's license issued by a federal or state government agency authorized to issue valid identification. The licensee shall: (1) Take a photograph of the seller; and (2) Make a photocopy of the photo identification card or driver's license of the seller. (g) The licensee shall keep at the licensee's place of business: (1) The signed written statement required by subsection (a); (2) The receipt or notarized declaration required by subsection (b) or (c); (3) Photographs required by subsection (e); and (4) The photograph of the seller and a photocopy of the seller's photo identification card or driver's license required by subsection (f), for a period of three years after the date of purchase. The statement, receipt or notarized declaration, photographs of each individual catalytic converter offered for sale, and photograph of the seller and photocopy of the seller's photo identification may be examined at any time by the director of finance, chief of police, attorney general, prosecuting attorney, or their designees. (h) Every licensee, when the licensee purchases a catalytic converter within the State, shall attach a tag to the catalytic converter that shall include the year, make, model, license plate number, and vehicle identification number of the vehicle from which the catalytic converter was removed and the name of the seller. The licensee shall report the purchase to the applicable county police department, the record of which shall be maintained in the police department's database. The licensee shall maintain possession of the purchased catalytic converter for a period of sixty days before selling, exchanging, recycling, or otherwise disposing of the catalytic converter. [L 2022, c 88, pt of §2]

HRS §289-10 Payment for catalytic converter purchased by licensee; check; mailing

289-10. Payment for catalytic converter purchased by licensee; check; mailing If a licensee purchases a catalytic converter, payment for the catalytic converter shall be made by check payable to the seller. At the time of sale of the catalytic converter, the seller shall present to the licensee a valid photo identification card or driver's license of the seller issued by a federal or state government agency authorized to issue valid identification. The check may be mailed to the address shown on the identification, or the licensee may arrange for the check to be picked up personally by the seller at the place of business of the licensee. [L 2022, c 88, pt of §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0289/HRS_0289-.htmFetched: 11/10/2026