Bill Text: HI HB2162 | 2020 | Regular Session | Introduced
Bill Title: Relating To Towing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2020-07-10 - Transmitted to Governor. [HB2162 Detail]
Download: Hawaii-2020-HB2162-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2162 |
THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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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. The legislature finds that predatory towing is a combination of generally unethical practices used by some towing companies to maximize their income. These practices include using spotters to get cars towed almost as soon as they are parked; charging excessive fees for towing or storage; or making private side deals with owners of stores or parking lots to maximize towing income. The legislature further finds that any of these practices can result in unfair and excessive charges for the vehicle owner. The legislature thus finds that it needs to protect consumers from predatory towing practices by augmenting statutes to include:
(1) Adding definitions to provide clarification of existing statutes governing towing;
(2) Requiring tow and storage companies to accept credit cards; and
(3) Adopting penalties consistent with unfair practices per section 480-13, Hawaii Revised Statutes.
SECTION 2. Section 290-11, Hawaii Revised Statutes, is amended to read as follows:
"§290-11
Vehicles left unattended on private and public property; sale or
disposition of abandoned vehicles. (a)
As used in this section:
"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 person renting the vehicle
pursuant to chapter 437D, and 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
section 290-11(b); a vehicle otherwise parked in compliance with the notice
required by section 290-11(b) 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
is not a vehicle parked without authorization; or, a vehicle otherwise parked
in compliance with the notice required by section 290-11(b) 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
anywhere or in the vehicle and the placard, permit, or written authorization is
visible from the outside of the vehicle is not a vehicle parked without
authorization.
[(a)]
(b) Notwithstanding any other
provision of this chapter, any vehicle left unattended on private or public
property without authorization of the owner or occupant of the property, may be
towed away at the expense of the vehicle owner [of the vehicle],
by order of the owner, occupant, or person in charge of the property; provided
that there is posted a notice prohibiting vehicles to park on the property
without authorization. The notice shall clearly
state, in not less than two-inch high, light reflective letters on a contrasting
background, [state] that the vehicle parked without authorization
will be towed and held at the expense of the vehicle owner, as well as the
name, address, and a telephone number of the facility where the vehicle will be
towed and held. The notice shall be of
such size and be placed in a location that is clearly visible to the driver of
a vehicle approaching any individual marked or unmarked parking space; provided
that where an entire parking lot consists of restricted parking spaces,
placement of the notice at each entrance of the parking lot shall suffice.
[(b)]
(c) 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 be applicable. 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;] Said charges listed in this paragraph
are the only allowable charges tow companies are authorized to charge vehicle owners;
(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 appears on the scene, release the vehicle to the
vehicle owner 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;
[(2)] (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. 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] legal owner and the registered
owner have not been [so] notified[, then the owner] pursuant
to this paragraph, the vehicle may [recover the owner's car] be recovered
by the vehicle owner from the towing company without paying tow or storage
fees[; provided that the]. 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)] (4) Provide, when a vehicle is recovered by the vehicle
owner [before written notice is sent by registered or certified mail,]
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
[(4)] (5) Accommodate payment by the vehicle owner
for charges under paragraph (1) by cash and by [either] credit card [or
automated teller machine located on the premises].
[(c)]
(d) When 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 public advertisement in a
newspaper of general circulation in the State, may negotiate a sale of the
vehicle or dispose of it as junk.
[(d)]
(e) The authorized seller of the
vehicle shall be entitled to the proceeds of the sale to the extent that
compensation is due 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. Any remaining balance
shall be forwarded to the legal or last registered
owner of the vehicle if the legal or last registered owner can be
found. If the legal or last registered owner cannot be found at
the address on record at the department of transportation or the county department
of finance, the balance shall be deposited with the [director of finance
of the] State's Unclaimed Property Program administered by the department
of budget and finance and shall be paid out to the legal or last registered
owner of the vehicle if a proper claim is filed therefor within one year from
the execution of the sales agreement.
If no claim is made within the year allowed, the money shall become a
state realization.
[(e)]
(f) The transfer of title and
interest by sale under this part 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.] the provisions of section 286-52(f) are
complied with.
[(f)] (g) Notwithstanding any law or ordinance to the
contrary, including subsection [(g)] (i) and section 46-20.5, any
towing company engaged in towing in a county with a population greater than
five hundred thousand shall offer towing services to consumers twenty-four
hours per day every day of the week[, which]. The towing services shall include the
release of vehicles kept in storage to a [registered owner, legal owner,
insurer,] vehicle owner or a designated representative.
(h) Any person who violates any provision of this section
shall be deemed to have 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 penalties under section 480.
[(g)]
(i) This section shall not apply
to a county that has adopted ordinances regulating towing operations."
SECTION 3. Section 291C-165.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The towing company shall determine the name of the lien holder and the registered owner of the vehicle from the department of transportation or the county department of finance. 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. The notice shall state:
(1) The maximum towing charges and fees allowed by law;
(2) The telephone number of the county finance department that arranged for or authorized the tow; and
(3) 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.
Any towing company engaged in towing pursuant to
this section shall comply with the requirements of section 291C-135. When the vehicle is recovered after the tow
by the 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; provided that if the
notice required by this section was not sent within twenty days after the tow,
neither the registered owner nor the lien holder shall be required to pay the
tow and storage charges. No notice shall
be sent to a legal or registered owner or any person with any unrecorded
interest in the vehicle whose name or address cannot be determined. [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 these damages and reasonable attorney's fees together with
the cost of the suit.] Any person who violates any provision of this section
shall be deemed to have 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 of section 480-13."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Predatory Towing; Definitions
Description:
Clarifies meaning of existing statute relating to towing of abandoned vehicles by adding definitions; requires tow and storage companies to accept credit cards; includes penalties consistent with unfair practices per Section , Hawaii Revised Statutes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.