§286-271 - Interisland shipping of vehicles; proof required.

[PART
XV.] INTERISLAND SHIPPING OF VEHICLES

§286-271 Interisland shipping of vehicles;
proof required. (a) Except as provided in subsection (b), a legal owner
of a vehicle shall not ship that vehicle interisland in this State unless the
legal owner first presents to the carrier the legal owner's current certificate
of registration showing that the person is the registered owner of the vehicle,
identification, and proof of motor vehicle insurance. If the registered owner
of the vehicle is not the legal owner of the vehicle, the registered owner
shall present to the carrier, the registered owner's current certificate of
registration, identification, and proof of motor vehicle insurance. Duplicate
copies of the current registration and proof of motor vehicle insurance shall
be acceptable for commercial vehicles as defined in section 286-47(3)(C). An
authorized agent of the legal or registered owner may ship the vehicle by
presenting the current certificate of registration, identification, proof of
motor vehicle insurance, and a notarized letter from the registered or legal
owner authorizing the shipment. For an unrecorded owner pending a lawful
transfer, a certificate of ownership signed by the previous owner may be
submitted for the current certificate of registration for a vehicle purchased
within thirty days of shipping. A facsimile of proof of motor vehicle
insurance from an insurance company may be accepted for a vehicle purchased
within thirty days of shipping. Presentation of proof of motor vehicle
insurance shall not be required for:

(1) Unlicensed propelled vehicles that are not
intended for on-road use;

(2) New unregistered vehicles shipped with a bill of
lading; or

(3) Vehicles owned by the federal, state, or county
government.

(b) A legal owner of a damaged vehicle shall
not ship that vehicle interisland in this State for repair, disposal, or
salvage unless the legal owner first presents to the carrier the legal owner's
current certificate of registration showing that the person is the registered
owner of the vehicle or a car dealer's license. For an unrecorded owner
pending a lawful transfer, a certificate of ownership signed by the previous
owner may be acceptable for a vehicle purchased within thirty days of
shipping. A registered owner of the vehicle who is not the legal owner of the
vehicle must present a current certificate of registration.

(d) The carrier shall record by physical inspection
the vehicle identification number (VIN) of the vehicle and maintain a record of
the transporting of the vehicle along with the description of the vehicle for a
period of not less than three years.

(e) This section shall not apply to:

(1) Any motor vehicle rental company as defined in
section 431:9A-141 that periodically ships in quantities of ten vehicles or
more;

(2) Licensed dealers who periodically ship in
quantities of ten vehicles or more, or whose primary business is the auction of
insurance salvage vehicles;

(3) Except for a lessee of a rental motor vehicle
under paragraph (4), drivers of vehicles transported by any water carrier
authorized by the public utilities commission to transport vehicles
interisland; provided that the driver presents identification, a current
certificate of registration for the vehicle, and proof of motor vehicle
insurance. The interisland water carrier shall keep a record of transporting
the vehicle by recording the vehicle identification number and retaining the
information for three years after the date of travel; or

(4) A lessee of a rental motor vehicle; provided
that:

(A) The rental motor vehicle is transported by
any water carrier authorized by the public utilities commission to transport
vehicles interisland;

(B) The water carrier has a written agreement
with the owner of the rental motor vehicle; and

For purposes of this subsection,
"lessee" and "rental motor vehicle" have the same meanings
as those terms are defined in section 437D-3.

(f) The records maintained as required by this
section and all other records and receipts relating to the transportation of
vehicles shall be available for inspection by the federal, state, or county law
enforcement agencies, and financial institutions during normal business hours.
[L 1994, c 170, §1; am L 1995, c 128, §2; am L 1997, c 251, §9; am L 1998, c
95, §2; am L 2002, c 23, §1; am L 2003, c 26, §3; am L 2008, c 66, §1; am L
2009, c 47, §2]