§437-1.1  Definitions.  As used in this
chapter:



"Attachment hardware" means the
components and associated fasteners that directly attach the bumper to the
chassis frame.



"Auction" means any person engaged in
the business of selling only motor vehicles by means of bidding at a public or
private sale, but excludes an auctioneer and any person referred to in
paragraph (1), (2), (4), or (5) in the definition of dealer, or any person
auctioning motor vehicles incidental to an auction of other assets, when the
auctioneer or person acts in the respective capacity described in this section.



"Board" means the motor vehicle
industry licensing board created by this chapter.



"Business" includes any activities
regularly engaged in by any person or regularly caused to be engaged in by the
person for the object of gain, benefit, or advantage, either direct or
indirect.



"Consumer" means any person who
purchases, other than for purposes of resale, a motor vehicle for personal,
family, household, or business use, any person to whom such motor vehicle is
transferred for the same purposes during the duration of an express warranty
applicable to such motor vehicle, and any other person entitled by the terms of
such warranty to enforce the obligations of the warranty.



"Credit sale contract" is defined as
provided for in section 476-1.



"Dealer" includes "auction"
as defined in this section or any person not expressly excluded by this chapter
who sells three or more vehicles within a calendar year, or who is engaged in
the business of selling, soliciting, offering, or attempting to negotiate
sales, purchases, or exchanges of motor vehicles or any interest therein,
including options to purchase motor vehicles.  The term "dealer"
excludes a person who sells or purchases motor vehicles in the capacity of:



(1)  A receiver, trustee, personal representative,
guardian, or any other person appointed by or acting under a judgment or order
of any court;



(2)  A public officer while performing official
duties;



(3)  A holder of an auction license issued under this
chapter when acting within the scope of the license;



(4)  An insurance company, finance company, bank, or
other financial institution selling or offering for sale motor vehicles
repossessed or foreclosed by it under the terms of a credit sale contract or
security agreement;



(5)  A person not engaged in the business of selling
or purchasing motor vehicles when acquiring or disposing of motor vehicles for
the person's own personal, family, or business use; provided that the vehicles
are acquired or disposed of for the person's use in good faith and not for the
purpose of evading any provision of this chapter;



(6)  A consumer consultant who is not engaged in the
business of selling, soliciting, offering, or attempting to negotiate sales or
exchanges of motor vehicles or any interest therein for any dealer, and who for
a fee provides specialized information and expertise in motor vehicle sales
transactions to consumers wishing to purchase or lease motor vehicles.  The
consumer consultant shall register and pay a fee to the board prior to offering
consultant services; or



(7)  A Hawaii bank or its affiliate selling or
offering for sale motor vehicles surrendered or redelivered to it under the
terms of a lease, or sold by it pursuant to a purchase option contained in a
lease.



"Distributor" means any person,
resident, or nonresident, including a manufacturer, who in whole or in part
imports, offers for sale, sells, or distributes new motor vehicles to dealers.



"Distributor branch".  DELETED.



"Distributor representative". 
DELETED.



"Factory branch".  DELETED.



"Factory representative".  DELETED.



"Franchise" means any contract or
agreement between a dealer and a manufacturer or distributor that authorizes
the dealer to engage in the business of selling or purchasing any particular
make or makes of new motor vehicles or parts therefor manufactured or
distributed by such manufacturer or distributor.



"Impact speed" means the maximum
speed of impact tested upon the bumper of the vehicle pursuant to Sections
581.6 and 581.7 of Part 581 of Title 49 of the Code of Federal Regulations.



"Manufacturer" means any person,
resident or nonresident, who is engaged in the business of manufacturing or
assembling new motor vehicles.



"Minor damage to the bumper and attachment
hardware" means damage that can be repaired with the use of common repair
materials and without replacing any parts.  In addition, not later than thirty
minutes after completion of each pendulum or barrier impact test, the bumper face
bar shall have no permanent deviation greater than three-quarters of one inch
from its original contour and position relative to the vehicle frame and no
permanent deviation greater than three-eighths of one inch from its original
contour on areas of contact with the barrier face or impact ridge of the
pendulum test device, measured from a straight line connecting the bumper
contours adjoining the contact area.



"Motor vehicle" includes any vehicle,
motor vehicle, or truck, as defined in sections 249-1 and 249-2, except for
tractors, trailers, and amphibious vehicles.



"New motor vehicle" means a motor
vehicle which (1) has not previously been sold to any person except a
distributor, wholesaler, or dealer for resale, except where the vehicle has not
left the dealer's possession after the sale to a consumer, (2) has not
previously been registered or titled in the name of a consumer except where the
vehicle has not left the dealer's possession after the sale to a consumer, and
(3) has not been driven more than five hundred miles; provided that where a
sale, registration, entitlement, or transfer of title of a motor vehicle, or
the accrual of mileage thereon, is primarily for the purpose of evading this
provision, the motor vehicle shall be deemed a new motor vehicle for the
purposes of this chapter.



"New motor vehicle dealer" means a
dealer who engages in the business of selling at wholesale or retail, or both,
new motor vehicles or new and used motor vehicles.



"No damage" means that, when a
passenger vehicle is subjected to impact testing conducted pursuant to the
conditions and test procedures of Sections 581.6 and 581.7 of Part 581 of Title
49 of the Code of Federal Regulations, the vehicle sustains no damage to the
body and safety systems.



"Passenger vehicle" includes any
vehicle, motor vehicle, or truck designed for carrying twelve persons or fewer
and subject to impact testing conducted pursuant to Part 581 of Title 49 of the
Code of Federal Regulations.



"Premises" or "licensed
premises" means the premises in connection with which a license has been,
or is proposed to be, issued, including branch locations.  The term
"premises" or "licensed premises" is substituted for the
term "place of business" wherever found in this chapter.



"Retail", "sale at retail",
"retail sale", and equivalent expressions, mean the act or attempted
act of selling a motor vehicle to a person for use as a consumer.



"Sale", "selling", and
equivalent expressions, mean the act or attempted act, either as principal or
an agent or in any capacity whatsoever, of selling, bartering, exchanging, or
otherwise disposing of, or negotiating, or offering, or attempting to negotiate
the sale, purchase, or exchange of, or interest in, a motor vehicle, including
an option to purchase a motor vehicle.



"Salesperson" means any person who
for gain or compensation of any kind, directly or indirectly, by any form of
agreement or arrangement, sells, solicits, offers for sale, exchanges, or
otherwise deals in, motor vehicles or any interest therein on behalf of any
motor vehicle dealer.



"Treasurer" means the director of
finance of each county.



"Used motor vehicle" means a motor
vehicle other than a new motor vehicle.



"Used motor vehicle dealer" means a
dealer who engages in the business of selling at wholesale or retail, or both,
only used motor vehicles.



"Wholesale" or "sale at
wholesale" or "wholesale sale" and equivalent expressions, mean
any sale other than a retail sale. [L 1939, c 258, §1; am L 1941, c 315, pt of
§1; RL 1945, §7361; am L 1949, c 163, §1 and c 168, §1; am L 1951, c 90, pt of
§1; RL 1955, §160-160; am L 1957, c 302, §1(1); am L 1959, c 243, §1(1); am L
1961, c 59, §1(1); am L 1963, c 199, §1a; am L 1965, c 114, §1; HRS §437-1; ren
§437-1.1; am L 1969, c 263, §1(3); am L 1976, c 200, pt of §1; am L 1979, c
182, §1; am L 1980, c 232, §23; am L 1984, c 164, §2; am L 1985, c 68, §12 and
c 254, §1; am L 1992, c 109, §§2, 3, c 153, §1, and c 202, §25; am L 1996, c
264, §2; am L 1997, c 85, §1 and c 312, §1; am L 2003, c 67, §§1, 2 and c 126,
§§3, 12]