§286-44  Unlawful to possess certain motorvehicles, parts, etc.; forfeiture.  (a)  It shall be unlawful for anyperson to possess a motor vehicle, a motor block, or any part thereof, knowingthat the motor number, serial number, or manufacturer's number, placed on thesame by the manufacturer for the purpose of identification, has been changed,altered, erased, or mutilated, for the purpose of changing the identity of themotor vehicle, motor, motor block, or any part thereof.  All such motorvehicles, motor blocks, or parts from which the manufacturer's identificationnumber has been removed, defaced, or altered shall be forfeited to the countywhere found and if not identified may be sold at public auction or destroyed. If identified, all persons having an interest in the motor vehicle, motorblock, or part shall be notified, there shall be assigned a new registrationnumber, and the motor vehicle, motor block, or part shall be returned to theowner entitled to possession.

(b)  The chief of police of each county orofficers of the county police who are permanently assigned to conduct vehicletheft investigations may immediately inspect, during normal business hours orwhenever the dealer or dealer's agents or employees are otherwise present, anyrecords required by chapter 286, 289, or 445 and any articles described in suchrecords that the police reasonably believe are stolen goods, limited to thepurpose of establishing rightful title or registration of vehicles oridentifiable vehicle components in order to determine rightful ownership orpossession, on the premises of:

(1)  Any motor vehicle repair dealer required to belicensed under chapter 437B; or

(2)  Any person licensed pursuant to sections 289-2and 289-3 to engage in the business of purchasing or selling used motor vehicleparts or accessories, or wrecking, salvaging, or dismantling motor vehicles forthe purpose of reselling the parts or accessories thereof.

As used in this section, "identifiablevehicle component" means any component of a motor vehicle, including motorblock or part that can be distinguished from other similar components by aserial number or other unique distinguishing number, sign, or symbol.  Wheneverpossible, inspections conducted pursuant to this subsection shall be conductedat a time and in a manner so as to minimize any interference with, or delay of,business operations. [L 1965, c 5, pt of §1b; Supp, §160-4.2; HRS §286-44; am L1972, c 69, §1; am L 1998, c 98, §1; am L 2000, c 35, §1]

 

Case Notes

 

  Trial court did not err in finding that trucks werecontraband where there was substantial evidence to support court's finding thatthe VINs of the two trucks had been "changed, altered, erased, ormutilated, for the purpose of changing the identity of the motor vehicle",and defendant's possession of not one, but two trucks with altered VINs, whenconsidered with defendant's bargain-basement purchases of two other trucks fromwhich elements of identity were taken for the two other trucks, gavesubstantial support for the inference that defendant knew of the alterationsand their purpose.  101 H. 422 (App.), 70 P.3d 648.

  Where trial court failed to fulfill its statutory mandateunder subsection (a) that truck "be returned to the owner entitled topossession" by failing to determine whether truck was contraband underthis section, judgment vacated.  101 H. 422 (App.), 70 P.3d 648.