Ā§291C-165.5Ā  Motor vehicle towing andstorage; settlement.Ā  (a)Ā  Notwithstanding any other provision of thischapter, any vehicle identified for removal pursuant to any county ordinanceordering removal of motor vehicles by any county police department for trafficviolations, including a vehicle which constitutes an obstruction or hazard totraffic, may be towed away at the expense of the registered owner of thevehicle, as provided by this section.

(b)Ā  The towing company shall determine thename of the lien holder and the registered owner of the vehicle from thedepartment of transportation or the county department of finance.Ā  The lienholder and the registered owner shall be notified by the towing company inwriting at the address on record with the department of transportation or withthe county department of finance by registered or certified mail of thelocation of the vehicle, together with a description of the vehicle, within areasonable period not to exceed twenty days following the tow.Ā  The noticeshall state:

(1)Ā  The maximum towing charges and fees allowed bylaw;

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

(3)Ā  That if the vehicle is not recovered withinthirty days after the mailing of the notice, the vehicle shall be deemedabandoned and will be sold or disposed of as junk.

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

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

(d)Ā  When a vehicle is not recovered withinthirty days after the mailing of the notice, it shall be deemed abandoned andthe owner of the towing company, or the owner of the towing company'sauthorized representative, after one statewide public notice as required insection 1-28.5, may negotiate a sale of the vehicle or dispose of it as junk.

(e)Ā  The authorized seller of the vehicle shallbe entitledĀ  to the proceeds of the sale to the extent that compensation is duethe authorized seller for services rendered in respect to the vehicle,including reasonable and customary charges for towing, handling, storage, andthe cost of the notices and advertising required by this part.Ā  Any remainingbalance shall be forwarded to the registered owner or lien holder of thevehicle if the registered owner or lien holder is found.Ā  If the registeredowner or lien holder cannot be found, the balance shall be deposited with thedirector of finance of the State and shall be paid out to the registered owneror lien holder of the vehicle if a proper claim is filed therefor within oneyear from the execution of the sales agreement.Ā  The lien holder shall havefirst priority to the funds to the extent of the lien holder's claim.Ā  If noclaim is made within the year allowed, the money shall escheat to the State.

(f)Ā  The transfer of title and interest by saleunder this section is a transfer by operation of law; provided that if thecertificate of ownership or registration is unavailable, a bill of saleexecuted by an authorized seller is satisfactory evidence authorizing thetransfer of the title or interest.

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

 

Cross References

 

Ā  Other towing provisions:

Abandonedvehicles, see chapter 290.

Airports, seeĀ§261-17.6.

Schools andlibraries, see Ā§302A-1152.

University ofHawaii, see Ā§304A-2602.