§291C-165.5  Motor vehicle towing and
storage; settlement.  (a)  Notwithstanding any other provision of this
chapter, any vehicle identified for removal pursuant to any county ordinance
ordering removal of motor vehicles by any county police department for traffic
violations, including a vehicle which constitutes an obstruction or hazard to
traffic, may be towed away at the expense of the registered owner of the
vehicle, as provided by this section.



(b)  The towing company shall determine the
name of the lien holder and the registered owner of the vehicle from the
department of transportation or the county department of finance.  The lien
holder and the registered owner shall be notified by the towing company in
writing at the address on record with the department of transportation or with
the county department of finance by registered or certified mail of the
location of the vehicle, together with a description of the vehicle, within a
reasonable period not to exceed twenty days following the tow.  The notice
shall state:



(1)  The maximum towing charges and fees allowed by
law;



(2)  The telephone number of the county finance
department that arranged for or authorized the tow; and



(3)  That if the vehicle is not recovered within
thirty days after the mailing of the notice, the vehicle shall be deemed
abandoned and will be sold or disposed of as junk.



Any towing company engaged in towing pursuant to
this section shall comply with the requirements of section 291C-135.  When the
vehicle is recovered after the tow by the registered owner or lien holder, the
party recovering the vehicle shall pay the tow and storage charges which shall
not exceed the charges as provided by section 290-11(b) or the rates agreed
upon with the respective counties, whichever is lower, except that tow
operators may charge additional reasonable amounts for excavating vehicles from
off-road locations; provided that if the notice required by this section was
not sent within twenty days after the tow, neither the registered owner nor the
lien holder shall be required to pay the tow and storage charges.  No notice
shall be sent to a legal or registered owner or any person with any unrecorded
interest in the vehicle whose name or address cannot be determined.  A person,
including but not limited to the owner's or driver's insurer, who has been
charged in excess of the charges permitted under this section may sue for
damages sustained, and, if the judgment is for the plaintiff, the court shall
award the plaintiff a sum not to exceed the amount of these damages and
reasonable attorney's fees together with the cost of the suit.



(c)  When a vehicle is recovered by the owner
or lien holder before written notice is sent by registered or certified mail,
the towing company shall provide the owner or lien holder with a receipt
stating the maximum towing charges and fees allowed by law and the telephone
number of the county finance department that arranged for or authorized the
tow.



(d)  When a vehicle is not recovered within
thirty days after the mailing of the notice, it shall be deemed abandoned and
the owner of the towing company, or the owner of the towing company's
authorized representative, after one statewide public notice as required in
section 1-28.5, may negotiate a sale of the vehicle or dispose of it as junk.



(e)  The authorized seller of the vehicle shall
be entitled  to the proceeds of the sale to the extent that compensation is due
the authorized seller for services rendered in respect to the vehicle,
including reasonable and customary charges for towing, handling, storage, and
the cost of the notices and advertising required by this part.  Any remaining
balance shall be forwarded to the registered owner or lien holder of the
vehicle if the registered owner or lien holder is found.  If the registered
owner or lien holder cannot be found, the balance shall be deposited with the
director of finance of the State and shall be paid out to the registered owner
or lien holder of the vehicle if a proper claim is filed therefor within one
year from the execution of the sales agreement.  The lien holder shall have
first priority to the funds to the extent of the lien holder's claim.  If no
claim is made within the year allowed, the money shall escheat to the State.



(f)  The transfer of title and interest by sale
under this section is a transfer by operation of law; provided that if the
certificate of ownership or registration is unavailable, a bill of sale
executed by an authorized seller is satisfactory evidence authorizing the
transfer of the title or interest.



(g)  This section shall not apply to a county
that has adopted ordinances regulating towing operations. [L 1998, c 139, §1;
am L 1999, c 259, §2; am L 2000, c 260, §3; am L 2003, c 84, §5]



 



Cross References



 



  Other towing provisions:



Abandoned
vehicles, see chapter 290.



Airports, see
§261-17.6.



Schools and
libraries, see §302A-1152.



University of
Hawaii, see §304A-2602.