§286-172  Furnishing of information.  (a) Subject to authorization granted by the chief justice with respect to thetraffic records of the violations bureaus of the district courts and of thecircuit courts, the director of transportation shall furnish informationcontained in the statewide traffic records system in response to:

(1)  Any request from a state, a political subdivisionof a state, or a federal department or agency, or any other authorized personpursuant to rules adopted by the director of transportation under chapter 91;

(2)  Any request from a person having a legitimatereason, as determined by the director, as provided under the rules adopted bythe director under paragraph (1), to obtain the information for verification ofvehicle owner­ship, traffic safety programs, or for research or statisticalreports;

(3)  Any request from a person required or authorizedby law to give written notice by mail to owners of vehicles; or

(4)  Any request from the energy resources coordinatorto track the number and type of vehicles in use and the effectiveness ofefforts to increase the efficiency and diversify the fuel needs of Hawaii'stransportation sector.

(b)  Any person requesting informationcontained in the statewide traffic records system under subsection (a)(2) shallfile an affidavit with the director stating the reasons for obtaining theinformation and making assurances that the information will be used only forsuch reasons, that individual identities will be properly protected, and thatthe information will not be used to compile a list of individuals for thepurposes of any commercial solicitation by mail or otherwise, or the collectionof delinquent accounts or any other purpose not allowed or provided for by therules.

(c)  The information provided to any personqualifying to receive information under subsection (a)(2) shall be provided fora fee and under such conditions as set by the director pursuant to rulesadopted by the director under chapter 91.  The director shall require the personreceiving the information to file with the director a corporate surety bond infavor of the State in the penal sum of not more than $70,000, conditioned uponthe full and faithful compliance of the person receiving the information withthe terms and conditions of the affidavit and the conditions set by thedirector.  Any person otherwise qualified to receive information undersubsection (a)(2) and who complies with the provisions of this section mayreceive all the information in the motor vehicle registration file if theperson either provides information to or performs recalls on behalf ofmanufacturers of motor vehicles as authorized by the federal government or asdeemed necessary by a manufacturer in order to protect the public health,safety, and welfare or to make a free correction of a manufacturing deficiency.

(d)  Any person receiving information pursuantto subsection (a)(2) or (3) shall hold harmless the State and any agencythereof from all claims for improper use or release of such information. [L1967, c 214, pt of §2; HRS §286-172; am L 1968, c 48, §2(e); am L Sp 1977 1st,c 20, §12; am L 1981, c 194, §2; am L 1983, c 154, §2; am L 1986, c 286, §1; amL 1998, c 234, §§3, 29; am L 1999, c 263, §3; am L 2000, c 240, §§3, 21; am L2001, c 55, §13; am L 2002, c 58, §2; am L 2009, c 156, §7]