RELATING TO MOTOR VEHICLES.

SB2010

THE SENATE

S.B. NO.

2010

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO MOTOR VEHICLES
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
The
legislature finds that too many motor vehicle drivers are threats to public
safety and create risks of injury or death.
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The legislature believes that impounding vehicles when drivers commit
certain traffic violations will greatly contribute to safer roads.

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Accordingly, the purpose of this Act is to
authorize the impoundment of a motor vehicle when:

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(1)
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The
driver is arrested or cited, if the arresting or citing officer has a valid
public safety concern; or

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(2)
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The
driver is convicted of, or judgment is found in favor of the State for, certain
traffic violations or repeated traffic violations.

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SECTION 2.
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Chapter 286, Hawaii Revised Statutes, is amended by adding a new section
to part I to be appropriately designated and to read as follows:

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"
�286-
�
Impoundment of motor vehicles involved in
certain traffic violations; exceptions.
�

(a)
�
Except as otherwise provided
in this section, in any court case in which a person is convicted of, or which
judgement is found for the State regarding, any alleged traffic violation
listed in section 291C- (a), the court may order the
impoundment of the motor vehicle for no more than thirty days at the registered
owner's expense.

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(b)
�

If the person is convicted of violating:

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(1)
�
Section
291E-61, by operating a vehicle under the influence of an intoxicant;

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(2)
�
Section
291E-61.5, by habitually operating a vehicle under the influence of an
intoxicant;

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(3)
�
Section
291E-62, by operating a vehicle after license and privilege have been suspended
or revoked for operating a vehicle under the influence of an intoxicant; or

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(4)
�
Section
291E-64, by operating a vehicle after consuming a measurable amount of alcohol as
a person under the under the age of twenty-one;

and the
person has two or more prior convictions in the previous five years for one or
more of the traffic violations listed in this subsection, the court may order
the impoundment of the motor vehicle for no more than ninety days at the
registered owner's expense.

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(c)
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In determining whether to order an impoundment pursuant to this section,
the court shall consider:

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(1)
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Public
safety as the top priority;

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(2)
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If
a motor vehicle was impounded pursuant to section‑291C- ,
whether further impoundment is necessary;

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(3)
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If
a third party is the registered owner of the vehicle, whether:

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(A)
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The person who committed the traffic violation operated the
vehicle without the third party's permission; and

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(B)
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The person who committed the traffic violation would likely
continue to have access to the vehicle; and

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(4)
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Whether
the interests of justice would be better served by not impounding the vehicle.

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(d)
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Notwithstanding subsections (a) to (c), if the person has had multiple
convictions for driving without a valid motor vehicle insurance policy within a
five-year period from any prior offense, section 431:10C-117(a)(6) shall apply.
"

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SECTION 3.
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Chapter 291C, Hawaii Revised Statutes, is amended by adding a new
section to part XV to be appropriately designated and to read as follows:

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"
�291C-
�
Motor vehicle towing and storage;
violations.
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(a)
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Except as provided in this section, a police
officer who cites or arrests the operator of a motor vehicle for a traffic
violation may have the motor vehicle towed to a private tow yard and impounded
at the registered owner's expense pursuant to section 291C-165.5(a) if the
officer has a valid public safety concern under subsection (b) and the operator
is alleged to have violated:

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(1)
�
Section
286-41, by operating an unregistered vehicle;

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(2)
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Section
286-102, by driving without a license;

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(3)
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Section
286-132, by driving while the person's license is suspended or revoked;

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(4)
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Section
291-2, by recklessly driving a vehicle;

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(5)
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Section
291C-12, by being involved in and failing to stop at, or return to the scene of,
a collision involving death or serious bodily injury;

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(6)
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Section
291C-12.5, by being involved in and failing to stop at, or return to a scene of,
a collision involving substantial bodily injury;

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(7)
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Section
291C-12.6, by being involved in and failing to stop at, or return to a scene of,
a collision involving bodily injury;

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(8)
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Section
291C-13, by being involved in and failing to stop at, or return to a scene of,
a collision involving damage to vehicle or property;

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(9)
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Section
291C-14, by failing to give information or render aid;

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(10)
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Section
291C-15, by failing to fulfill any duty upon striking an unattended vehicle or
other property;

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(11)
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Section
291C-16, by failing to provide immediate notice of a collision;

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(12)
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Section
291C-105, by excessively speeding; provided that the operator was previously
convicted of excessive speeding within
years of the current alleged violation;

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(13)
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Section
291E-61, by operating a vehicle under the influence of an intoxicant;

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(14)
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Section
291E-61.5, by habitually operating a vehicle under the influence of an
intoxicant;

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(15)
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Section
291E-62, by operating a vehicle after the person's license and privilege to
operate a vehicle have been suspended or revoked for operating a vehicle under
the influence of an intoxicant;

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(16)
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Section
291E-64, by operating a vehicle after consuming a measurable amount of alcohol as
a person under the under the age of twenty-one;

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(17)
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Section
431:10C-104, by operating a motor vehicle without a valid motor vehicle
insurance policy; or

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(18)
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Any jailable traffic violation not listed in this subsection;
provided that the operator was previously convicted of no fewer than
jailable traffic violatons within
years of the current alleged violation.

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(b)
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A police officer has a valid public safety concern for the purposes of subsection
(a) if the officer has reason to believe that, after the operator is cited or
released from custody, the operator is likely to attempt to operate the motor vehicle:

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(1)
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Under
the influence of an intoxicant; or

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(2)
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In
a manner that places others at significant risk of injury or death.

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(c)
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Notwithstanding subsections (a) and (b), a motor vehicle shall not be
towed or impounded pursuant to this section if:

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(1)
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The
registered owner or a passenger present in the vehicle when the operator is
arrested, or when a summons or citation is issued:

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(A)
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Has a valid driver's license;

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(B)
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Is willing legally able to operate the motor vehicle; and

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(C)
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Is not cited or arrested operator; or

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(2)
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The
motor vehicle is legally parked at a time and place where the likelihood of the
vehicle being subject to theft or vandalism is remote and traffic or public
safety is not impeded.

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(d)
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No county police department or police officer shall be responsible for protecting
a motor vehicle left on any public way after the motor vehicle's operator has
been arrested for a violation listed in subsection (a).

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(e)
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For the purposes of this section, "jailable traffic violation"
means any traffic crime or violation under this title or other applicable law that
is punishable by incarceration.
"

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SECTION
4
.
�
Section 291C-165.5, Hawaii Revised Statutes,
is amended to read as follows:

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"
�291C-165.5
�
Motor vehicle towing and storage; settlement;
disabled vehicles.
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(a)
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Notwithstanding any other provision of this
chapter, any vehicle identified for removal pursuant to any
state law or

county ordinance ordering
or authorizing the
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
]
that
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.

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(b)
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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.
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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.
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The notice shall state:

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(1)
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The maximum towing charges and fees
allowed by law;

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(2)
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The telephone number of the county
finance department that arranged for or authorized the tow; [
and
]

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(3)
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That
unless a longer term of
impoundment is required by court order,
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[
.
]
; and

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(4)
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That
the lien holder or registered owner may:

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(A)
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Recover possession of the vehicle by paying the towing and other
fees allowed by law and file a lawsuit for damages with any court of competent
jurisdiction as allowed by law; and

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(B)
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Demand an administrative hearing, before or after the person has
recovered possession of the vehicle pursuant to subparagraph (A), to determine
whether there was a sufficient factual and legal basis for removing the
vehicle.

Any towing
company engaged in towing pursuant to this section shall comply with the
requirements of section 291C-135.
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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.
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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.

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(c)
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Any person who violates any provision of this section shall be deemed to
have:

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(1)
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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

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(2)
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Furnished services without a license
within the meaning of section 487-13 and subject to penalties and remedies
under chapter 487.

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(d)
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The lien holder and the registered owner shall have ten days after
receipt of the notice provided pursuant to subsection (b) to request in writing,
from the county police department that caused the vehicle to be removed, an
administrative hearing pursuant to chapter 91.
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The administrative hearing shall be conducted for the sole purpose of
allowing the lien holder or registered owner of an impounded vehicle to contest
the basis given for the impoundment of the vehicle.
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The hearing shall be held within five working
days of the county police department's receipt of the written request.

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[
(c)
]
(e)
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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.

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[
(d)
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When
]
(f)
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Unless a longer term of impoundment is required
by court order, if
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.

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[
(e)
]
(g)
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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.
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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.
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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.
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The lien holder shall have first priority to the funds to the extent of
the lien holder's claim.
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If no claim is
made within the year allowed, the money shall escheat to the State.

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[
(f)
]
(h)
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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.

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[
(g)
]
(i)
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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
]
the
vehicle and the towing and storage expenses shall
be subject to the provisions of section 290-11(b).

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[
(h)
]
(j)
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This section shall not apply to a county that
has adopted ordinances regulating towing operations.
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This section shall not apply to automobile
clubs or towing companies operating under a contract with an automobile club,
insurer, or motor vehicle manufacturer.
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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."

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SECTION 5.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 6.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 7.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Motor
Vehicles; Drivers; Traffic; Public Safety; Impoundment

Description:

Authorizes
the impoundment of motor vehicles when certain traffic violations have been
alleged or committed.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.