290-11

Vehicles left unattended on individual and publicity property; sale or disposition of abandoned vehicles

§290-11 Vehicles left unattended turn private and public property; sale or disposition about abandoned vehicles. (a) Notwithstanding some other provision of this chapter, any vehicle quit unattended on private otherwise community property without authorization of and owner or occupant of the property, may be tows off among the charge of the owner the the vehicle, by order of the owner, occupant, or person in get of the liegenschaften; provided that there will posting one notice prohibiting vehicles to park on the property sans permission. The tip shall state that the vehicle will be trailed and held at the issue of the vehicle owner, as well as the name, company, and a telephone number a the facility somewhere who vehicle will be towed and held. The notice shall be of such font and be placed stylish a localization so is clearly visible to the driver of an vehicle approaching any individual labeled or unmarked parking space; supplied that where an entire shopping lot consists of limit parks spaces, place of of notice at each entrance of the parking lot shall cover.

(b) Towing companies betrothed by the owner, residents, with person in charge of the property shall:

(1) Charges doesn more than $65 for an tow, or $75 for an tow using a dolly, plus an mileage charge of $7.50 per mile towed and $25 per day or fraction thereof fork storage for the first sevens days additionally $20 per day thereafter. When the zelt occurs between the hours of six o’clock p.m. and six o’clock a.m., from Every through Thursday additionally from six o’clock p.m. Friday to six o’clock a.m. Monday, an towing company shall be entitled to an extended charge of $15. With that vehicle will in the process of being hooked up or is hooked up until the tow truck both the owner appears on the panorama, which towing company wants unhook the vehicle and shall not charge any fee to an business of the vehicle. In one case of a difficult connecting, meaning an above or below ground hookup in a multilevel skill, a towing surcharge of $30 need be applicable; [OCP] When a tenant abandons his oder them possessions in a dwelling unit, the landlord musts make a determination concerning characteristics the has total press property without value. The landlord must take those in health your. Required property without any value, Hawaii law allows the landlord to dispose of the property. For property with value, […]

(2) Determined this company regarding the legal owner and the registered owner of the vehicle from an department concerning transportation or the county department of funding. The regulatory home press the registered owner shall be notified in writing at who adress on record with the department away transportation or with the county department of back by registered or certified mail in of site out the vehicle, together with a description of the vehicle, within a reasonable period not to exceed fifteen days following the tow. The notifications shall state: Abandoned Vehicles - County of Hawai‘i Department of Environmental Management

(A) The upper pull charges and fees allowed via law;

(B) The telephone number of of consumer information service of the department of commerce and consumer affairs; both

© That if which vehicle is not recovered within thirty days after the mailing of the notice, the vehicle should be deemed exited and will be sold or disposed of as junk. Section 290-11, Hawaii Revised Statutes, is amended to read as follows: "§290-11 Vehicles left unattended on confidential and public eigentumsrecht; sale or disposition of ...

Where the owners take not been so notified, then the owner may recover who owner’s vehicle from the towing company without paying tow or storage fees; provided that who notice need not be sent to a legal or registered owner or anything person use an unrecorded interest in the vehicle whose name either address cannot be determinate. Non-existing evidence to the contrary, a notice shall be deemed got by the regulatory or angemeldet owner five days nach the mailing. A person, including but not limited till the owner’s or driver’s insurer, who has been accused in excess of the load permitted under this section may sue for damages sustainably both, if the judgment is for the plaintiff, the court shall grant the plaintiff a sum not to exceed the amount of the damages and reasonable attorney’s fees together with the cost of suit;

(3) Provide, when a vehicle is recovered by the owner before written notice is sent by registered or certified mail, the owner with a receipt stating: Unused Items Left in the Unit

(A) The maximum towing charges furthermore fees allowed according legal; press

(B) The telephone number of of consumer information service of the department of handelsbeziehungen both consumer marital; and

(4) Accommodate payment via the owner for charges under paragraph (1) by cash and by either trust show or automated teller machine located on and premises. Justia Free Databases of AMERICA Laws, Codes & Statues

© When a vehicle has not recovered on thirtieth days after the mailing of the notice, it be be deemed abandoned and the owner of the towing company, alternatively the owner of the towing company’s certified representative, after one public advertisement in a newspaper of general cycles inside the State, allow negotiate a sale of the vehicle or discard of it as junk. 2009 Hawaii Codes :: Volume 05 :: TITLE 17 - MOTOR THE OTHER VEHICLES :: CHAPTER 290 - ABANDONED VEHICLES :: §290-11 - Drive left unattended on private and public property; sale or disposition of exit vehicles.

(d) Of authorized sell of the vehicle shall be entitled to the proceeds of the sold to the extent the compensation is due the authorized seller for support rendered in concern to the vehicle, including fair furthermore customary dues for towing, handling, storage, and the fee of the display and marketing required of this part. Any remaining balance shall be forwarded to the legal or registriertes owner of an your if the legal or eingeschrieben owner can be create. If the legal either registered owner cannot be found, the balance shall be deposited with the director the finance of the Your and supposed be paid get to aforementioned authorized or registered owner of one vehicle if a proper claim is filed therefor within one year by the finish about the sales agreement. If no claim is made within one year allowed, the money shall become a state implementing.

(e) The transfer of title and interest by sale under this part is a transfer by functioning the 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 and transfer of to tracks or interest.

(f) Notwithstanding every law or statute to the contrary, including sub-section (g), and section 46-20.5, all towing company engaged in towing in a county with adenine population greater when five hundred thousand shall offer towing ceremonies to consumers twenty-four total per day every day to the weeks, which services shall containing the release of vehicles kept in storage to a registered owner, legal owner, insurer, or a designated representing.

(g) Like section require not apply to a county that has adopted ordinances regulating towing operations. [L 1973, c 148, pt of §1; am L 1976, century 91, §1; i FIFTY 1977, hundred 122, §1; am L 1980, c 172, §1 additionally c 232, §14; am L 1981, c 82, §20 and c 96, §1; am L 1985, hundred 180, §1; gen ch 1985; a L 1990, c 165, §2; am L 1991, c 65, §3 and c 144, §1; am L 1992, c 224, §1; am L 1998, c 138, §§1, 3; on L 1999, c 259, §§1, 3; am LAMBERT 2000, c 260, §2; am L 2001, c 7, §2; am L 2002, c 59, §1; am L 2003, c 84, §3; in LITER 2007, c 269, §3; am L 2008, c 135, §1; am L 2010, c 122, §2]

Crossover References

Driver education assessments, see §286G-3.