Title 17, Motor And Other Vehicles

§288-3 Common carriers of passengers to be insured. It shall be unlawful for any motor vehicle common carrier of passengers to operate upon or use the public streets or highways of the several counties until it has filed with the treasurer or director of finance of the county in …

§288-4 Conditions of policy. The policy of insurance shall insure the common carrier named therein against loss from the liability imposed by law for damages arising out of the operation of the common carrier, the limits of which policy of insurance shall not be less than the sta…

§288-5 Bond in lieu of insurance, allowed when. In lieu of the policy of insurance, any common carrier who has exhausted all reasonable means of securing the foregoing insurance but has been refused the same, may deposit with the treasurer or director of finance a surety bond, pa…

§288-6 Bond prerequisite to license. No license shall be issued in any county under section 445-222 unless and until the applicant therefor deposits with the treasurer or director of finance of the county a policy of insurance or a bond as hereinabove described. [L 1941, c 186, §…

§288-7 Cancellation of insurance, revocation of license. The policy of insurance or bond shall be subject to cancellation only after ten days' written notice filed with the treasurer or director of finance of the county, or upon surrender of the license issued for the vehicle inv…

§288-8 Penalty. Any person who violates this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1941, c 186, §6; RL 1945, §7435; RL 1955, §160-147; HRS §288-8]

§289-1 Definitions. As used in this chapter: "Business" includes any activities engaged in by any person or organization or caused to be engaged in by the person or it for the object of gain, benefit, or advantage, either direct or indirect. "Catalytic converter" means a device t…

[§289-10] Payment for catalytic converter purchased by licensee; check; mailing. If a licensee purchases a catalytic converter, payment for the catalytic converter shall be made by check payable to the seller. At the time of sale of the catalytic converter, the seller shall prese…

§289-2 Unlicensed person not to engage in business. It shall be unlawful for any person or organization, not duly licensed under this chapter, to engage in the business of: (1) Purchasing or selling used motor vehicle parts or accessories; or (2) Engaging in the business of wreck…

§289-3 Application for a license. (a) Any person desiring to engage in any business described in section 289-2 shall file an application for a license therefor with the director of finance. The application for a license shall be made on the form prescribed by the director of fina…

§289-4 Issuance of license. The director of finance shall file each application received by the director of finance with the required fee and, when satisfied that the applicant, if an individual, or each of the partners or principal officers of the applicant, if a partnership or …

§289-5 Suspension and revocation of license. The director of finance shall suspend or revoke a license, upon notice and reasonable opportunity to be heard by the licensee, if the director of finance finds: (1) The license was fraudulently procured or erroneously issued; or (2) Th…

§289-6 Records to be kept. Every licensee shall keep a record, and maintain it for three years, in the form the director of finance prescribes, of the purchases, consignments, sales, and exchanges, moneys, commissions, or any other thing of value paid or agreed to be paid to any …

§289-7 Director of finance to maintain records. The director of finance shall promulgate, pursuant to chapter 91, the rules and regulations necessary for the carrying out of this chapter and also prescribe the forms for the applications, licenses, and other documents mentioned he…

§289-8 Penalties. (a) Whoever violates any of the provisions of this chapter or any lawful rule or regulation promulgated by the director of finance under authority of this chapter, for the violation of which no penalty is provided by law, shall be fined not less than $25 nor mor…

[§289-9] Statement required; catalytic converter. (a) Every licensee, before the purchase of a catalytic converter within the State, shall obtain a written statement signed by the seller certifying that the seller has the lawful right to sell and dispose of the catalytic converte…

[PART I. VEHICLES ABANDONED ON PUBLIC AND PRIVATE PROPERTY GENERALLY] §290-1 Disposition by counties of certain abandoned vehicles. (a) The counties shall cause vehicles that have been abandoned to be taken into custody within ten business days of abandonment. For the purposes of…

[§290-10] Disposition of unclaimed vehicle. Whenever a county ordinance authorizes the police or other agency designated by the mayor of the county to remove and store vehicles, a vehicle removed and stored under authority of such ordinance may be deemed to have been abandoned fo…

§290-11 Vehicles left unattended on private and public property; sale or disposition of abandoned vehicles. (a) 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 pro…

§290-12 Leaving abandoned or derelict vehicles. The registered owner of an abandoned vehicle, as defined in section 290-1, or a derelict vehicle, as defined in section 290-8, found on any roadway, alley, street, way, lane, trail, bridge, or highway or other public property or on …

[§290-13] Abandoned vehicles; prohibition on transfer; suspension, revocation, or prohibition of renewal of driver's license; notification. (a) The county director of finance shall deny issuance of a certificate of registration, in accordance with section 286-51, and prohibit com…

§290-2 Notice to owner. (a) Upon taking custody of any abandoned vehicle, a written notice shall immediately be sent by registered or certified mail to the legal and registered owner of the vehicle at the address on record at the vehicle licensing division. The notice shall conta…

PART II. VEHICLES ABANDONED ON BUSINESS PREMISES OF PERSONS ENGAGED IN MOTOR VEHICLE REPAIR BUSINESS [§290-21] Disposition of vehicles by persons in motor [vehicle] repair business. When any person abandons a motor vehicle upon the premises of a motor vehicle repair business, the…

[§290-22] When vehicle deemed abandoned. A motor vehicle shall be deemed to be abandoned upon satisfaction of the following conditions: (1) The service requested or required by a person whose vehicle is towed or brought to a motor vehicle repair business, such as towing and rende…

[§290-23] Sale or disposition of vehicle. When a vehicle is abandoned, the owner of the vehicle repair business, or the owner's authorized representative, after one public advertisement in a newspaper of general circulation in the State, may negotiate a sale of the vehicle or dis…

[§290-24] Disposition of proceeds. 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 of the vehicle, including reasonable and customary charges for towin…

[§290-25] Effect of transfer of title. 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 evide…

§290-3 Public auction. If the vehicle is not repossessed within the time limits provided in section 290-2, the vehicle may be disposed of by public auction, through oral tenders, or by sealed bids, after public advertisement has been made once in a newspaper of general circulatio…

§290-4 Repossession by person entitled. Any person entitled to the vehicle may repossess the same prior to the date of public auction upon payment of all towing, handling, storage, appraisal, advertising, and any other expenses incurred in connection with the vehicle. If the pers…

[PART III. GENERAL PROVISIONS] §290-41 Notice to police department. Before a vehicle is towed by any business engaged in towing vehicles, the owner of the towing business or the owner's designated representative shall notify the police department of the county by telephone to det…

[§290-42] Disposition of license plates. Whoever shall abandon a vehicle, or having attained custody of an abandoned vehicle, disposes of, or conveys it as junk shall remove and transmit any license plates on such vehicle to the county agency charged with carrying out the functio…

§290-45 Penalties. Whoever violates any of the provisions of this chapter or any lawful rule adopted by the director of finance under authority of this chapter, for the violation of which no penalty is provided by law, shall be fined not less than $150 nor more than $500. [L 1982…

[§290-46] Abandoned vehicles; repeat offender; penalty. A person who is the registered owner of a vehicle that was deemed abandoned or derelict pursuant to this chapter shall be subject to a fine for each vehicle as follows: (1) For the third violation, a fine of $750; and (2) Fo…

§290-5 Waiver of public auction requirements. The requirements of public auction may be waived when the value of any vehicle is less than $1,000 as determined by the director of finance or authorized representative or the vehicle is: (1) Missing major components or so materially …

§290-6 Effect of transfer of title. The transfer of title and interest by sale hereunder shall be considered a transfer by operation of law and shall be governed by provisions applicable thereto; provided that in the event the certificate of ownership or registration is unavailab…

§290-7 Disposition of proceeds. All proceeds from the sale of vehicles shall be deposited into the general fund of the county. The legal or registered owner is entitled to recover the excess of the proceeds from the sale over expenses, if the claim is filed with the county within…

§290‑8 Derelict vehicle. A vehicle shall be deemed a derelict vehicle by the administrative head of the county agency designated to carry out section 290-1, or by the executive director or a representative of the executive director of the Hawaii public housing authority in the ca…

[§290-9] Disposition of derelict vehicle. A derelict vehicle may be immediately disposed of or sold as junk without having to comply with the requirements of section 290-2 and 290-5. [L 1971, c 28, pt of §1]

PART I. OPERATION §291-1 [NEW] Definitions. As used in this part: "Intoxicating liquor" means the same as the term is defined in section 281-1. "Public street, road, or highway" includes the entire width, including berm or shoulder, of every road, alley, street, way, lane, trail,…

§291-10 Penalty. Any person violating any of the provisions of sections 291-8 and 291-9 shall be fined not less than $5 nor more than $150. [L 1917, c 69, §3; RL 1925, §4408; RL 1935, §6298; RL 1945, §11711; RL 1955, §311-17; HRS §291-10]

§291-11 Riders and passengers under seven years of age on motorcycles and motor scooters prohibited; penalty. (a) It shall be unlawful for any driver of a motorcycle or motor scooter to carry as a passenger or to permit to ride thereon any person under the age of seven years. (b)…

§291-11.5 Child passenger restraints. (a) Except as otherwise provided in this section, no person operating a motor vehicle on a public highway in the State shall transport a child under ten years of age except under the following circumstances: (1) If the child is under two year…

§291-11.6 Mandatory use of seat belts, when, penalty. (a) Except as otherwise provided by law, no person shall operate a motor vehicle upon any public highway unless the person is restrained by a seat belt assembly and all passengers in the front or back seat of the motor vehicle…

§291-12 Inattention to driving. Whoever operates any vehicle negligently as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both, and may be …

[§291-13] Traffic laws apply to persons driving mopeds. Every person driving a moped upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under this chapter except as to the special provisions of this pa…

§291-14 Pickup trucks; passenger restrictions. (a) No person shall stand in the bed or load-carrying area of any motor vehicle commonly known as a pickup truck while the vehicle is in operation. No operator of any pickup truck shall operate the vehicle with a passenger seated in …