286-172. Furnishing of information
(a) Subject to authorization granted by the chief justice with respect to the traffic records of the violations bureaus of the district courts and of the circuit courts, the director of transportation shall furnish information contained in the statewide traffic records system in response to:
(1) Any request from a state, a political subdivision
of a state, or a federal department or agency, or any other authorized person
pursuant to rules adopted by the director of transportation under chapter 91;
(2) Any request from a person having a legitimate
reason, as determined by the director, as provided under the rules adopted by
the director under paragraph (1), to obtain the information for verification of
vehicle ownership, traffic safety programs, or for research or statistical
reports;
(3) Any request from a person required or authorized
by law to give written notice by mail to owners of vehicles; or
(4) Any request from the chief
energy officer of the Hawaii state energy office to track the number and
type of vehicles in use and the effectiveness of efforts to increase the
efficiency and diversify the fuel needs of Hawaii's transportation sector.
(b) Any person requesting information
contained in the statewide traffic records system under subsection (a)(2) shall
file an affidavit with the director stating the reasons for obtaining the
information and making assurances that the information will be used only for
such reasons, that individual identities will be properly protected, and that
the information will not be used to compile a list of individuals for the
purposes of any commercial solicitation by mail or otherwise, or the collection
of delinquent accounts or any other purpose not allowed or provided for by the
rules.
(c) The information provided to any person
qualifying to receive information under subsection (a)(2) shall be provided for
a fee and under such conditions as set by the director pursuant to rules
adopted by the director under chapter 91. The director shall require the
person receiving the information to file with the director a corporate surety
bond in favor of the State in the penal sum of not more than $70,000,
conditioned upon the full and faithful compliance of the person receiving the
information with the terms and conditions of the affidavit and the conditions
set by the director. Any person otherwise qualified to receive information
under subsection (a)(2) and who complies with the provisions of this section
may receive all the information in the motor vehicle registration file if the
person either provides information to or performs recalls on behalf of
manufacturers of motor vehicles as authorized by the federal government or as
deemed necessary by a manufacturer in order to protect the public health,
safety, and welfare or to make a free correction of a manufacturing deficiency.
(d) Any person receiving information pursuant
to subsection (a)(2) or (3) shall hold harmless the State and any agency
thereof from all claims for improper use or release of such information.
[L
1967, c 214, pt of §2; HRS §286-172; am L 1968, c 48, §2(e); am L Sp 1977 1st,
c 20, §12; am L 1981, c 194, §2; am L 1983, c 154, §2; am L 1986, c 286, §1; am
L 1998, c 234, §§3, 29; am L 1999, c 263, §3; am L 2000, c 240, §§3, 21; am L
2001, c 55, §13; am L 2002, c 58, §2; am L 2009, c 156, §7; am L 2019, c 122, §3]
