REPORT TITLE:
Vehicle Transfer


DESCRIPTION:
Deletes the requirement that a letter authorizing shipment from
the registered or legal owner of a vehicle be notarized; requires
that any written consent and authorization be provided by the
legal owner within four hours of a request by the registered
owner.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2727
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO INTERISLAND VEHICLE TRANSFERS.
 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 286-271, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "286-271  Interisland shipping of vehicles; proof required.
 
 4 (a)  Except as provided in subsection (b), a legal owner of a
 
 5 vehicle shall not ship that vehicle interisland in this State
 
 6 unless the legal owner first presents to the carrier the legal
 
 7 owner's current certificate of registration showing that the
 
 8 person is the registered owner of the vehicle, identification,
 
 9 and proof of motor vehicle insurance.
 
10      If the registered owner of the vehicle is not the legal
 
11 owner of the vehicle, the registered owner [must] shall present
 
12 to the carrier, the registered owner's current certificate of
 
13 registration, identification, the written consent of the legal
 
14 owner thereof to the transportation, and proof of motor vehicle
 
15 insurance.  Duplicate copies of the current registration and
 
16 proof of motor vehicle insurance shall be acceptable for
 
17 commercial vehicles as defined in section 286-47(3)(C).
 
18      An authorized agent of the legal or registered owner may
 
19 ship the vehicle by presenting, in addition to the required
 

 
Page 2                                                     2727
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1 documents, a [notarized] letter from the registered or legal
 
 2 owner authorizing the shipment.  For an unrecorded owner pending
 
 3 a lawful transfer, a certificate of ownership signed by the
 
 4 previous owner may be substituted for the current certificate of
 
 5 registration for a vehicle purchased within thirty days of
 
 6 shipping.  A  facsimile of proof of motor vehicle insurance from
 
 7 an insurance company may be accepted for a vehicle purchased
 
 8 within thirty days of shipping.  Presentation of proof of motor
 
 9 vehicle insurance shall not be required for:
 
10      (1)  Unlicensed propelled vehicles that are not intended for
 
11           on-road use;
 
12      (2)  New unregistered vehicles shipped with a bill of
 
13           lading; or
 
14      (3)  Vehicles owned by the federal, state, or county
 
15           government.
 
16      (b)  A legal owner of a damaged vehicle shall not ship that
 
17 vehicle interisland in this State for repair, disposal, or
 
18 salvage unless the legal owner first presents to the carrier the
 
19 legal owner's current certificate of registration showing that
 
20 the person is the registered owner of the vehicle or a car
 
21 dealer's license.  For an unrecorded owner pending a lawful
 
22 transfer, a certificate of ownership signed by the previous owner
 
23 may be acceptable for a vehicle purchased within thirty days of
 

 
Page 3                                                     2727
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1 shipping.  A registered owner of the vehicle who is not the legal
 
 2 owner of the vehicle must present a current certificate of
 
 3 registration and a written consent of the legal owner thereof to
 
 4 the transportation or a car dealer's license.
 
 5      (c)  Any written consent or authorization required under
 
 6 subsections (a) and (b) shall be provided by the legal owner of
 
 7 the vehicle within a reasonable time, not to exceed four hours,
 
 8 after a request for the consent or authorization has been
 
 9 received from the registered owner of the vehicle.
 
10      [(c)] (d)  Any legal or registered owner who violates this
 
11 section shall be fined not more than $100.
 
12      [(d)] (e)  This section shall not apply to licensed dealers
 
13 who periodically ship in quantities of ten vehicles or more, or
 
14 whose primary business is the auction of insurance salvage
 
15 vehicles."
 
16      SECTION 2.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 3.  This Act shall take effect on July 1, 2010;
 
19 provided that on July 1, 2003, section 1 of this Act shall be
 
20 repealed and section 286-271, Hawaii Revised Statutes, shall be
 
21 reenacted in the form in which it read on the day before approval
 
22 of this Act.