Bill Text: HI HB1978 | 2010 | Regular Session | Amended
Bill Title: Motor Vehicle Towing; Hours of Operation; Insurance
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2010-05-19 - (S) Act 122, 5/19/2010 (Gov. Msg. No. 580). [HB1978 Detail]
Download: Hawaii-2010-HB1978-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1978 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO TOWING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 290-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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. 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. If the vehicle is in the process of being hooked up or is hooked up to the tow truck and the owner appears on the scene, the towing company shall unhook the vehicle and shall not charge any fee to the owner of the vehicle. In the case of a difficult hookup, meaning an above or below ground hookup in a multilevel facility, a towing surcharge of $30 shall be applicable;
(2) Determine the name of the legal owner and the registered owner of the vehicle from the department of transportation or the county department of finance. The legal owner and the 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 owners have not been so notified, then the owner may recover the owner's car from the towing company without paying tow or storage fees; provided that the notice need not be sent to a legal or 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 or registered owner five days after the mailing. A person, including but not limited to the owner's or driver's insurer, who has been charged in excess of the charges permitted under this section may sue for damages sustained and, if the judgment is for the plaintiff, the court shall award the plaintiff a sum not to exceed the amount of the damages and reasonable attorney's fees together with the cost of suit;
(3) Provide, when a vehicle is recovered by the owner before written notice is sent by registered or certified mail, the 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
(4) Accommodate payment by [the owner] a
registered owner, legal owner, insurer, or a designated representative for
charges under paragraph (1) by cash [and by either], credit card,
debit card, insurance company check, commercial check, or automated teller
machine located on the premises."
SECTION 2. Section 290-11, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Notwithstanding any law or ordinance
to the contrary, including subsection (g), and section 46-20.5, any towing
company engaged in towing in a county with a population greater than five
hundred thousand [shall not be entitled to any overtime charge under
subsection (b)(1) if] shall offer towing services to consumers [are
not offered] twenty-four hours per day every day of the week[; provided
that a towing company shall file their hours of operation with the police
department in a county with a population greater than five hundred thousand.],
which services shall include the release of vehicles kept in storage to a
registered owner, legal owner, insurer, or a designated representative.
Payment of fees for towing services and storage of the vehicle may be made in
cash or by debit card, credit card, insurance company check, or commercial
check issued by a licensed towing company dispatched by the registered or legal
owner or insurer."
SECTION 3. Section 291C-135, Hawaii Revised Statutes, is amended to read as follows:
"§291C-135 Tow trucks; signage and insurance requirements. Notwithstanding any other law to the contrary, the registered owner or lessee of a tow truck shall:
(1) Permanently affix on each door of the truck a sign with the name and telephone number of the tow business. The letters and numbers used in the sign shall be no less than two inches in height; and
(2) Maintain insurance [coverage sufficient] in
the following amounts:
(A) Bodily injury of not less than $500,000;
(B) Property damage of not less than $200,000; and
(C) On-hook coverage of not less than $175,000; or
(D) A combined single limit of liability of not less than $1,000,000,
to protect owners of towed vehicles in the event
of vehicle loss or damage due to towing[.] or bodily injury in the
course of towing. If a tow operator fails to comply with the insurance
requirements of this section, no charges, including storage charges, may be
collected by the tow operator as a result of the tow or as a condition of the
release of the towed vehicle. Any person, including the registered owner, lien
holder, or insurer of the vehicle, who has been injured by the tow operator's
failure to comply with this section is entitled to sue for damages sustained.
If a judgment is obtained by the plaintiff, the court shall award the plaintiff
a sum of not less than $1,000 or threefold damages sustained by the plaintiff,
whichever sum is greater, and reasonable attorney's fees and costs.
This section shall not apply to a county that has adopted ordinances regulating towing operations."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2011.
Report Title:
Motor Vehicle Towing; Hours of Operation; Insurance
Description:
Requires towing companies to be in operation twenty-four hours per day, 7 days a week in a county with a population greater than 500,000 persons. Requires tow companies open for twenty-four hours to offer services that include the release of vehicles in storage. Requires tow operators to maintain, at minimum, $500,000 bodily injury coverage, $200,000 property damage insurance, $175,000 on-hook coverage insurance, or a combined single limit of liability insurance coverage of $1,000,000. Specifies means of payment of towing fees. Effective 1/1/2011. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
