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



(b)  The chief of police of each county or
officers of the county police who are permanently assigned to conduct vehicle
theft investigations may immediately inspect, during normal business hours or
whenever the dealer or dealer's agents or employees are otherwise present, any
records required by chapter 286, 289, or 445 and any articles described in such
records that the police reasonably believe are stolen goods, limited to the
purpose of establishing rightful title or registration of vehicles or
identifiable vehicle components in order to determine rightful ownership or
possession, on the premises of:



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



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



As used in this section, "identifiable
vehicle component" means any component of a motor vehicle, including motor
block or part that can be distinguished from other similar components by a
serial number or other unique distinguishing number, sign, or symbol.  Whenever
possible, inspections conducted pursuant to this subsection shall be conducted
at 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 L
1972, 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 were
contraband where there was substantial evidence to support court's finding that
the VINs of the two trucks had been "changed, altered, erased, or
mutilated, for the purpose of changing the identity of the motor vehicle",
and defendant's possession of not one, but two trucks with altered VINs, when
considered with defendant's bargain-basement purchases of two other trucks from
which elements of identity were taken for the two other trucks, gave
substantial support for the inference that defendant knew of the alterations
and their purpose.  101 H. 422 (App.), 70 P.3d 648.



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