Note
Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1.
§437-1 Legislative findings and declaration. The legislature finds that:
(1) The manufacture, distribution, and sales of motor vehicles in the State vitally affects the general economy of the State and the public interest and public welfare;
(2) Manufacturers of motor vehicles without physical manufacturing facilities within the State and motor vehicle distributors doing business in the State through their control over, and relationships and transactions with their dealers, branches, and representatives; and
(3) The geographical location of Hawaii makes it necessary to ensure that motor vehicles, parts and dependable service are available within the State to protect and preserve the transportation system and the investments of its residents.
The legislature declares, on the basis of the foregoing findings, that it is necessary to regulate and to license motor vehicle manufacturers, distributors, dealers, salespersons, and auctions in the State in order to prevent frauds, impositions, and other abuses against its residents and to protect and preserve the economy and the transportation system of the State. In order to further this intent, the legislature finds that this chapter is remedial and shall apply to all franchise agreements existing as of the date of enactment, except to the extent that such application violates any provision of the state or federal constitutions. [L 1969, c 263, §1(2); gen ch 1993; am L 1996, c 264, §1; am L 2003, c 126, §2; am L 2010, c 164, §3]
Revision Note
Former §437-1 is renumbered §437-1.1.
Case Notes
In passing on necessity of convening three judge court, held that chapter raised substantial constitutional questions. 316 F. Supp. 803 (1970).
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
437. Motor Vehicle Industry Licensing Act
437-1 Legislative findings and declaration.
437-2.5 REPEALED. L 1996, c 264, §15.
437-3 Prohibited acts for dealer or auction.
437-6 Powers and duties of the board.
437-7 Application for issuance or renewal of license.
437-11 Additional requirements for dealer's and auction's license.
437-12 Legal ownership certificates.
437-14 Delivery of contract required.
437-15 Principals held responsible.
437-24 Licenses terminate, when.
437-26 License not transferable; other requirements.
437-27 Change of status, notice.
437-27.5 Requirements to maintain license.
437-28 Suspension; revocation; fine; denial of issuance or renewal of a license.
437-29 Discretionary powers of board.
437-31.5 New or used motor vehicle sales and lease contracts.
437-32 Credit sale contracts; agreements concerning, unlawful.
437-33 Coercion by manufacturer or distributor unlawful.
437-34 Credit sale contracts, when purchase of unlawful.
437-37 Credit sale contract violations; penalty.
437-37.5 Cumulative penalties.
437-40 Information in applications, confidential; penalty for divulging.
437-41 Liberal interpretation.
437-42 Sections 445-171 and 445-172 not to apply.
437-53 Sale, assignment, or transfer of franchise to qualified purchaser.
437-54 Transfer of franchise to successor who is not a qualified purchaser.
437-55 Establishment or relocation of franchise within relevant market area.
437-56 Reimbursement for parts.
437-57 Warranty and incentive audits.
437-58 Cancellation or failure to renew franchise agreement.