Hawaii 2022 Regular Session

Hawaii House Bill HB1154 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1154 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to towing. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1154
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1154
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to towing.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that state law requires tow truck operators to unhook a vehicle if the owner of the vehicle appears on the scene while the car is being towed. The legislature also finds that according to the Hawaii Census Bureau, Hawaii residents own an average of two vehicles per household and that the number of people per household in Hawaii exceeds three people per household. Thus, it is common for vehicles to be shared between multiple drivers who may not be the legal owners of the vehicle. The legislature further finds that due to the high cost of living in Hawaii, many residents do not have savings available to cover unexpected costs, including the cost of retrieving a towed vehicle. Pursuant to state law the tow itself is $65. There is an additional charge of $7.50 per mile and a storage charge of $20-$25 per day. A twenty-eight-mile tow would cost a minimum of $295 dollars. Many Hawaii residents do not have the savings to cover a towing cost and would experience financial hardship as a result. The legislature further finds that state law does not address situations in which a vehicle is being towed and an authorized driver, who is not the owner, appears on the scene. The legislature believes that these authorized drivers should also be allowed to avoid the expense of a vehicle tow. The legislature further finds a recent study ranked Hawaii as having the nation's second-largest homeless population. An unexpected emergency like paying for vehicle towing charges could be a detrimental setback to a resident with no savings and could even contribute to lack of ability to pay rent or a mortgage. To avoid creating unnecessary misfortune, the purpose of this bill is to require towing companies to release a vehicle to an authorized driver who appears on the scene at the time the vehicle is being hooked up to be towed. SECTION 2. Section 290-11, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) Towing companies engaged by the owner, occupant, or person in charge of the property shall: (1) Charge not more than $65 for a tow, or $75 for a tow using a dolly, plus a mileage charge of $7.50 per mile towed and $25 per day or fraction thereof for storage for the first seven days and $20 per day thereafter. In the case of a difficult hookup, a towing surcharge of $30 shall apply. When the tow occurs between the hours of six o'clock p.m. and six o'clock a.m., from Monday through Thursday and from six o'clock p.m. Friday to six o'clock a.m. Monday, the towing company shall be entitled to an overtime charge of $15. The charges listed in this paragraph shall be the only charges tow companies are authorized to charge vehicle owners. For purposes of this paragraph, "difficult hookup" shall mean an above or below ground hookup in a multilevel facility; (2) If the vehicle is in the process of being hooked up, meaning up to the point when the tow truck is driving away, and the vehicle owner or authorized driver appears on the scene, the tow company shall release the vehicle to the vehicle owner or authorized driver at a location that ensures the safety of all persons and property involved, regardless of whether the release occurs on the scene or if the vehicle must be removed from the scene to be safely released; provided that no fee will be charged to the vehicle owner or authorized driver under this paragraph; (3) Determine the name of the legal owner and the last registered owner of the vehicle from the department of transportation or the county department of finance[.] following towing of the vehicle. The legal owner and the last registered owner shall be notified 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 fifteen days following the tow. The notice shall state: (A) The maximum towing charges and fees allowed by law; (B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and (C) 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. Where the legal owner and the last registered owner have not been notified pursuant to this paragraph, the vehicle may be recovered by the vehicle owner from the towing company without paying tow or storage fees. The notice need not be sent to a legal owner or last registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined. Absent evidence to the contrary, a notice shall be deemed received by the legal owner or last registered owner five days after the mailing; (4) Provide, when a vehicle is recovered by the vehicle owner the vehicle owner with a receipt stating: (A) The maximum towing charges and fees allowed by law; and (B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and (5) Accommodate payment by the vehicle owner for charges under paragraph (1) by cash, credit card, or debit card." 2. By amending subsection (i) to read: "(i) As used in this section: "Authorized driver" means a licensed driver who has received oral or written consent from the vehicle owner to operate the vehicle without the vehicle owner present. "Hooked up" means completely and securely attached and fastened to the tow truck by means of clamps, couplings, straps, tow bars, and other mechanical devices that are specifically designed to prevent the vehicle from dropping off or detaching from the tow truck in any way or otherwise shifting in any manner. "Scene" means the location of the vehicle while it is in the process of being hooked up, or the location where it was hooked up, and anywhere within a fifty foot radius of that location. "Vehicle owner" means any person, other than the towing company, who has possession of or any other interest in the vehicle, including but not limited to the legal or last registered owner of the vehicle, the insurance company insuring the vehicle, the person renting the vehicle pursuant to chapter 437D or any other law authorizing a person to operate the vehicle, or any person in possession of the key or remote keyless ignition system device to the vehicle. "Vehicle parked without authorization" means any vehicle left unattended on private or public property that is not parked in compliance with the notice required by subsection (a). "Vehicle parked without authorization" shall not include: (1) A vehicle otherwise parked in compliance with the notice required by subsection (a) where the vehicle owner has prepaid for parking and placed a payment receipt, placard, or permit anywhere on or in the vehicle and the payment receipt, placard, or permit is visible from outside the vehicle; or (2) A vehicle otherwise parked in compliance with the notice required by subsection (a) where the vehicle owner has received authorization from an owner, occupant, or person in charge of the property and placed the placard, permit, or written authorization, if any, anywhere on or in the vehicle and the placard, permit, or written authorization is visible from the outside of the vehicle." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that state law requires tow truck operators to unhook a vehicle if the owner of the vehicle appears on the scene while the car is being towed. The legislature also finds that according to the Hawaii Census Bureau, Hawaii residents own an average of two vehicles per household and that the number of people per household in Hawaii exceeds three people per household. Thus, it is common for vehicles to be shared between multiple drivers who may not be the legal owners of the vehicle.
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51	51	The legislature further finds that due to the high cost of living in Hawaii, many residents do not have savings available to cover unexpected costs, including the cost of retrieving a towed vehicle. Pursuant to state law the tow itself is $65. There is an additional charge of $7.50 per mile and a storage charge of $20-$25 per day. A twenty-eight-mile tow would cost a minimum of $295 dollars. Many Hawaii residents do not have the savings to cover a towing cost and would experience financial hardship as a result.
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53	53	The legislature further finds that state law does not address situations in which a vehicle is being towed and an authorized driver, who is not the owner, appears on the scene. The legislature believes that these authorized drivers should also be allowed to avoid the expense of a vehicle tow.
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55	55	The legislature further finds a recent study ranked Hawaii as having the nation's second-largest homeless population. An unexpected emergency like paying for vehicle towing charges could be a detrimental setback to a resident with no savings and could even contribute to lack of ability to pay rent or a mortgage. To avoid creating unnecessary misfortune, the purpose of this bill is to require towing companies to release a vehicle to an authorized driver who appears on the scene at the time the vehicle is being hooked up to be towed.
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57	57	SECTION 2. Section 290-11, Hawaii Revised Statutes, is amended as follows:
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59	59	1. By amending subsection (b) to read:
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61	61	"(b) Towing companies engaged by the owner, occupant, or person in charge of the property shall:
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63	63	(1) Charge not more than $65 for a tow, or $75 for a tow using a dolly, plus a mileage charge of $7.50 per mile towed and $25 per day or fraction thereof for storage for the first seven days and $20 per day thereafter. In the case of a difficult hookup, a towing surcharge of $30 shall apply. When the tow occurs between the hours of six o'clock p.m. and six o'clock a.m., from Monday through Thursday and from six o'clock p.m. Friday to six o'clock a.m. Monday, the towing company shall be entitled to an overtime charge of $15. The charges listed in this paragraph shall be the only charges tow companies are authorized to charge vehicle owners. For purposes of this paragraph, "difficult hookup" shall mean an above or below ground hookup in a multilevel facility;
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65	65	(2) If the vehicle is in the process of being hooked up, meaning up to the point when the tow truck is driving away, and the vehicle owner or authorized driver appears on the scene, the tow company shall release the vehicle to the vehicle owner or authorized driver at a location that ensures the safety of all persons and property involved, regardless of whether the release occurs on the scene or if the vehicle must be removed from the scene to be safely released; provided that no fee will be charged to the vehicle owner or authorized driver under this paragraph;
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67	67	(3) Determine the name of the legal owner and the last registered owner of the vehicle from the department of transportation or the county department of finance[.] following towing of the vehicle. The legal owner and the last registered owner shall be notified 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 fifteen days following the tow. The notice shall state:
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69	69	(A) The maximum towing charges and fees allowed by law;
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71	71	(B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and
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73	73	(C) 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.
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75	75	Where the legal owner and the last registered owner have not been notified pursuant to this paragraph, the vehicle may be recovered by the vehicle owner from the towing company without paying tow or storage fees. The notice need not be sent to a legal owner or last registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined. Absent evidence to the contrary, a notice shall be deemed received by the legal owner or last registered owner five days after the mailing;
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77	77	(4) Provide, when a vehicle is recovered by the vehicle owner the vehicle owner with a receipt stating:
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79	79	(A) The maximum towing charges and fees allowed by law; and
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81	81	(B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and
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83	83	(5) Accommodate payment by the vehicle owner for charges under paragraph (1) by cash, credit card, or debit card."
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85	85	2. By amending subsection (i) to read:
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87	87	"(i) As used in this section:
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89	89	"Authorized driver" means a licensed driver who has received oral or written consent from the vehicle owner to operate the vehicle without the vehicle owner present.
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91	91	"Hooked up" means completely and securely attached and fastened to the tow truck by means of clamps, couplings, straps, tow bars, and other mechanical devices that are specifically designed to prevent the vehicle from dropping off or detaching from the tow truck in any way or otherwise shifting in any manner.
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93	93	"Scene" means the location of the vehicle while it is in the process of being hooked up, or the location where it was hooked up, and anywhere within a fifty foot radius of that location.
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95	95	"Vehicle owner" means any person, other than the towing company, who has possession of or any other interest in the vehicle, including but not limited to the legal or last registered owner of the vehicle, the insurance company insuring the vehicle, the person renting the vehicle pursuant to chapter 437D or any other law authorizing a person to operate the vehicle, or any person in possession of the key or remote keyless ignition system device to the vehicle.
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97	97	"Vehicle parked without authorization" means any vehicle left unattended on private or public property that is not parked in compliance with the notice required by subsection (a). "Vehicle parked without authorization" shall not include:
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99	99	(1) A vehicle otherwise parked in compliance with the notice required by subsection (a) where the vehicle owner has prepaid for parking and placed a payment receipt, placard, or permit anywhere on or in the vehicle and the payment receipt, placard, or permit is visible from outside the vehicle; or
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101	101	(2) A vehicle otherwise parked in compliance with the notice required by subsection (a) where the vehicle owner has received authorization from an owner, occupant, or person in charge of the property and placed the placard, permit, or written authorization, if any, anywhere on or in the vehicle and the placard, permit, or written authorization is visible from the outside of the vehicle."
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103	103	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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105	105	SECTION 4. This Act shall take effect upon its approval.
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109	109	INTRODUCED BY: _____________________________
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111	111	INTRODUCED BY:
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119	119	Report Title: Towing; Authorized Drivers Description: Requires towing companies to release vehicles, without a fee, to an authorized driver if the authorized driver appears at the scene of the towing. Defines "authorized driver." The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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125	125	Report Title:
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127	127	Towing; Authorized Drivers
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131	131	Description:
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133	133	Requires towing companies to release vehicles, without a fee, to an authorized driver if the authorized driver appears at the scene of the towing. Defines "authorized driver."
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141	141	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.