§291C-165.5 Motor vehicle towing and storage; settlement; disabled vehicles. (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, or any vehicle involved in a motor vehicle accident that cannot be moved under its own power or is otherwise disabled, 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 last 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 last 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 last 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 last registered owner or any person with any unrecorded interest in the vehicle whose name or address cannot be determined. Any person who violates any provision of this section shall be deemed to have:
(1) Engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2 and subject to the penalties and remedies of chapter 480; and
(2) Furnished services without a license within the meaning of section 487-13 and subject to penalties and remedies under chapter 487.
(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 to 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) In the event that a motor vehicle is involved in an accident and cannot be moved under its own power or is otherwise disabled and constitutes an obstruction or hazard to traffic, and the vehicle has not been ordered to be towed by the applicable county police department, the towing of such vehicle and the towing and storage expenses shall be subject to the provisions of section 290-11(b).
(h) This section shall not apply to a county that has adopted ordinances regulating towing operations. This section shall not apply to automobile clubs or towing companies operating under a contract with an automobile club, insurer, or motor vehicle manufacturer. For purposes of this subsection, "automobile club" means a legal entity that, in consideration of dues, assessments, or periodic payments of money, promises to assist its members or subscribers in matters relating to motor travel or the operation, use, or maintenance of a motor vehicle by supplying services that may include but are not limited to towing services and emergency road service. [L 1998, c 139, §1; am L 1999, c 259, §2; am L 2000, c 260, §3; am L 2003, c 84, §5; am L 2020, c 41, §3 and c 55, §1]
Cross References
Other towing provisions:
Abandoned vehicles, see chapter 290.
Airports, see §261-17.6.
Schools and libraries, see §302A-1152.
Towing by consent; payment, see §291C-136.
University of Hawaii, see §304A-2602.
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
291C-2 Trauma system surcharge.
291C-3 State and county safe routes to school programs; coordinators; grants; reports.
291C-4 Safe routes to school program special fund; establishment.
291C-5 Safe routes to school program surcharge.
291C-11 Provisions of part apply throughout State.
291C-12 Collisions involving death or serious bodily injury.
291C-12.5 Collisions involving substantial bodily injury.
291C-12.6 Collisions involving bodily injury.
291C-13 Collisions involving damage to vehicle or property.
291C-14 Duty to give information and render aid.
291C-15 Duty upon striking unattended vehicle or other property.
291C-16 Immediate notice of collision.
291C-17 Written reports of accidents.
291C-20 Disclosure of traffic collision reports.
291C-21 Provisions of parts III to XIV refer to vehicles upon the highways; exceptions.
291C-23 Obedience to police officers.
291C-24 Persons riding animals or driving animal-drawn vehicles.
291C-25 Persons working on highways; exceptions.
291C-26 Authorized emergency vehicles.
291C-27 Emergency vehicle stopped for emergencies; duty of approaching vehicle.
291C-31 Obedience to and required traffic-control devices.
291C-32 Traffic-control signal legend.
291C-33 Pedestrian-control signals.
291C-35 Lane-direction-control signals.
291C-36 Display of unauthorized signs, signals, or markings.
291C-37 Interference with official traffic-control devices or railroad signs or signals.
291C-38 Longitudinal traffic lane markings.
291C-39 Traffic control devices; uniform standards and specifications.
291C-41 Drive on right side of roadway; exceptions.
291C-42 Passing vehicles proceeding in opposite directions.
291C-43 Overtaking a vehicle or bicycle on the left.
291C-44 When overtaking on the right is permitted.
291C-45 Limitations on overtaking on the left.
291C-46 Further limitation on driving on left of center of roadway.
291C-48 One-way roadways and rotary traffic islands.
291C-49 Driving on roadways laned for traffic.
291C-50 Following too closely.
291C-51 Driving on divided highways.
291C-53 Restrictions on use of controlled-access roadway or highway.
291C-61 Vehicle approaching or entering intersection.
291C-63 Vehicle entering stop or yield intersection.
291C-64 Vehicle entering highway from private road or driveway.
291C-65 Operation of vehicles on approach of authorized emergency vehicles.
291C-71 Pedestrian obedience to traffic-control devices and traffic regulations.
291C-72 Pedestrians' right-of-way in crosswalks.
291C-73 Crossing at other than crosswalks.
291C-74 Drivers to exercise due care.
291C-75 Pedestrians to use right half of crosswalks.
291C-76 Pedestrians on roadways.
291C-77 Pedestrians soliciting rides, business, or attention of motorist.
291C-78 Driving through safety zone prohibited.
291C-79 Pedestrians' right-of-way on sidewalks.
291C-81 Required position and method of turning at intersections.
291C-82 Turning so as to proceed in the opposite direction.
291C-83 Starting parked vehicle.
291C-84 Turning movements and required signals.
291C-85 Signals by hand and arm or signal lamps.
291C-86 Method of giving hand-and-arm signals.
291C-91 Obedience to signal indicating approach of train.
291C-92 All vehicles must stop at certain railroad grade crossings.
291C-93 Certain vehicles must stop at all railroad crossings.
291C-94 Emerging from alley, driveway, or building.
291C-95 Overtaking and passing school bus.
291C-102 Noncompliance with speed limit prohibited.
291C-104 Speeding in a school zone or construction area
291C-106 Speed limit for Daniel K. Inouye highway.
291C-107 Speed limits; factors to consider.
291C-111 Noncompliance with stopping, standing, or parking requirements.
291C-111.5 State highway enforcement program; establishment; annual reports.
291C-113 Ordinances regulating use of vehicles for purposes of human habitation.
291C-114 Parking on sidewalks.
291C-115 Wheel boots prohibited.
291C-121 Unattended motor vehicle.
291C-121.5 Leaving a child unattended in a motor vehicle.
291C-122 Limitations on backing.
291C-123 Driving or parking upon bikeway; parking penalty.
291C-124 Obstruction to driver's view or driving mechanism.
291C-125 Opening and closing vehicle doors.
291C-126 Riding in house trailers.
291C-128 Following emergency vehicle prohibited.
291C-130 Slow moving vehicle emblem required; penalty.
291C-130.5 Dangerous wheels; prohibited.
291C-131 Spilling loads on highways; penalties.
291C-132 Littering from vehicles.
291C-133 Waste material falling from motor vehicles.
291C-134 Neighborhood electric vehicles; speed; restrictions.
291C-134.5 Electric personal assistive mobility devices; restrictions.
291C-135 Tow trucks; signage and insurance requirements.
291C-136 Towing by consent; payment.
291C-137 Mobile electronic devices.
291C-138 Waipio valley access; required four-wheel drive vehicle use.
291C-139 Electric foot scooters.
291C-141 Effect of regulations.
291C-142 Traffic laws apply to persons riding bicycles.
291C-143.5 Low-speed electric bicycles; operator age.
291C-144 Clinging to vehicles.
291C-145 Riding on roadways and bikeways.
291C-147 Lamps and other equipment on bicycles.
291C-148 Driving upon sidewalk.
291C-151 Traffic laws apply to persons operating motorcycles.
291C-152 Riding on motorcycles.
291C-153 Operating motorcycles on roadways laned for traffic.
291C-154 Clinging to other vehicles.
291C-155 Footrests and handlebars.
291C-161 Penalties; photo red light imaging detector system fines.
291C-162 Provisions uniform throughout State.
291C-164 Procedure upon arrest.
291C-165.5 Motor vehicle towing and storage; settlement; disabled vehicles.
291C-167 Summons or citation on illegally parked vehicle.
291C-169 When complaint to be issued.
291C-170 Revocation or suspension of license.
291C-171 Disposition of fines and forfeitures.
291C-171.5 Collection of fines and costs.
291C-172 Refusal to provide identification.
291C-192 Effect of violations; vicarious responsibility; jurisdiction.
291C-193 Traffic laws apply to persons driving mopeds.
291C-194 Driver's license required.
291C-196 Driving mopeds on roadways.
291C-197 Driving mopeds on bicycle lanes and paths.
291C-198 Speed restrictions on mopeds.
291C-199 Clinging to vehicles, bicycles, etc.
291C-200 Use of lamps on mopeds.
291C-201 Renting or selling mopeds.
291C-202 Moped equipment requirements and inspection.
291C-203 Certification of compliance.
291C-204 Defacing serial numbers, etc., of mopeds.
291C-205 Unlawful to possess certain mopeds and moped parts.
291C-206 Modifying moped motor; violation.
291C-207 Moped liability insurance; coverage for damage by rented or leased moped.
291C-221.5 High occupancy vehicle lanes; emergencies.
291C-222 Designation of high occupancy vehicle lane.
291C-222.5 School buses; zipper lanes.
291C-223 Summons or citation for illegal use of high occupancy vehicle lane.
291C-224 Registered owner's responsibility for a summons or citation.
291C-225 Failure to comply with summons or citation.