Report Title:
Traffic Infractions; Rental Motor Vehicles
Description:
Requires that the owner of a rental motor vehicle, upon notice that the rental motor vehicle has been involved in a traffic incident resulting in a violation, provide the court with the name and address of the lessee within 60, rather than 45, days of the mailing of the notice; requires the court to mail a copy of the summons or violation to the owner. (HB869 HD1)
HOUSE OF REPRESENTATIVES |
H.B. NO. |
869 |
TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RENTAL MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Upon notice that a rental motor vehicle has been involved in a traffic incident from which a violation results, the owner of the rental motor vehicle shall be responsible for the violation unless it provides a court of competent jurisdiction with the name and address of the lessee of the rental motor vehicle within forty-five days.
The purpose of this Act is to clarify and extend the notice provision by:
(1) Requiring the court to mail a copy of the summons or violation to the rental motor vehicle owner;
(2) Extending the period of time within which the owner must provide the lessee's name and address from forty-five days to sixty days; and
(3) Clarifying that the period of time within which the owner must provide the lessee's name and address begins on the date of the mailing of the notice.
SECTION 2. Section 291D-3.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291D-3.5[]]
U-drive vehicles; traffic infractions. Notwithstanding any other law to
the contrary, except those pertaining to the care and maintenance of the
vehicle, if the registered owner of record is the lessor of a rental or U-drive
motor vehicle, as defined in section 286-2, pursuant to a written lease
agreement, the lessee at the time of the issuance of the traffic infraction
shall be responsible for [such] the summons or citation; provided
that the lessor shall be responsible for [such] the summons or
citation if the court mails a copy of the summons or citation to the lessor within
sixty days of the issuance of the summons or citation and if the lessor
does not provide the court having jurisdiction over the summons or citation the
name and address of the lessee within [forty-five] sixty days
after the mailing of a notice to the lessor containing the date,
time, and location of the violation and the license number of the vehicle;
provided further that if requested by the lessor in writing within [forty-five]
sixty days of [such] the mailing of the notice of
violation other than for parking citations, the administrative judge of the
court having jurisdiction over the citation or summons shall waive the requirement
of providing the name and address of the lessee by the lessor and impose an
administrative fee of $5 per citation on the lessor, plus costs and fees not to
exceed $10 in total per violation, notwithstanding section 607-4 or other [sections
of the] law, county ordinance, or [any] rule to the contrary. In
the case of parking citations, the administrative judge of the court having
jurisdiction over the citation or summons may waive the requirement of
providing the name and address of the lessee by the lessor and impose an
administrative fee of $5 per parking citation on the lessor, plus costs and
fees not to exceed $10 in total per [such] violation, notwithstanding
section 607-4 or other [sections of the] law, county ordinance, or [any]
rule to the contrary."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect July 1, 2046.