Hawaii Revised Statutes
437D. Motor Vehicle Rental Industry
437D-3 Definitions.

§437D-3 Definitions. As used in this chapter:
"Advertisement" means any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. "Advertisement" does not include telephonic communications.
"Damage waiver" means any contract or contractual provision, whether separate from or a part of a rental agreement, whereby the lessor agrees, for a charge, to waive any or all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement.
"Director" means the director of commerce and consumer affairs.
"Lessee" means any person obtaining the use of a rental motor vehicle from a lessor for a period of six months or less under the terms of a rental agreement.
"Lessor" means any person in the business of providing rental motor vehicles to the public.
"Plain language" means language written or spoken in a clear and coherent manner using words with common and everyday meanings.
"Rental agreement" means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee.
"Rental cost" means the daily or periodic rate charged for the use of the rental motor vehicle, but does not include optional or refueling charges.
"Rental motor vehicle" or "vehicle" means a motor vehicle as defined in section 286-2, which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less.
"Vehicle license recovery fees" includes motor vehicle weight taxes under section 249-2; fees connected with the registration of specially constructed, reconstructed, or rebuilt vehicles, special interest vehicles, or imported vehicles as referenced in section 286-41(c); license plate and emblem fees under section 249-7(b); inspection fees as referenced in section 286-26; highway beautification fees as referenced in section 286-51(b)(1); and any use tax under chapter 238. [L 1988, c 251, pt of §2; am L 2009, c 148, §1; am L 2017, c 137, §2]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 25. Professions and Occupations

437D. Motor Vehicle Rental Industry

437D-1 Short title.

437D-2 Scope.

437D-3 Definitions.

437D-4 Rental agreements; delivery to director.

437D-5 Rental agreements; damage waivers.

437D-5.5 Offers or sales of collision insurance by lessors or limited line motor vehicle rental company producers. (a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or...

437D-6 Additional mandatory charges prohibited.

437D-7 Rate disclosure requirements; advertising.

437D-8 Rate disclosure requirements; oral or written statements.

437D-8.4 License and registration fees.

437D-8.5 Commissions. (a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfai...

437D-8.6 Damage waiver statistics.

437D-9 Posting requirements.

437D-10 Pamphleting requirements.

437D-11 Acknowledgment by lessee.

437D-12 Deposit or advance charge prohibited; payment for damages to rental motor vehicle.

437D-13 Notice and posting required concerning motor vehicle laws.

437D-14 Fuel charges.

437D-15 Unfair trade practices.

437D-16 Application of insurance laws.

437D-17 Exceptions to posting requirements.

437D-17.5 Rental agreements; unpaid traffic infractions. Pursuant to section 291D-3.5, or other sections of the law and except for summons, citations, or violations relating to the care and maintenance of a rental motor vehicle, the lessor, as the re...

437D-18 Power and duties of the director.

437D-19 Civil penalties.