SB207

Report Title:

Interisland Vehicle Transfer Requirements

Description:

Amends legal requirements for the interisland transfer of vehicles.

THE SENATE	S.B. NO.	207
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO INTERISLAND VEHICLE TRANSFERS.

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

SECTION 1. Section 286-57, Hawaii Revised Statutes, is amended to read as follows:

"§286-57 Unlawful removal of motor vehicles from State. It shall be unlawful for any person to remove, attempt to remove, cause to be removed, or assist in so doing, any motor vehicle registered pursuant to this part from the State to any other place away from the State, unless the person is the legal owner thereof or unless the written authorization of the legal owner thereof to the removal has first been obtained.

No person owning or having control of any vessel, airplane, or other means of transportation, and no agent or employee of such person, shall transport any such vehicle from the State to any other place away from the State, or accept the same for the transportation, or deliver any bill of lading, order, or other written instrument authorizing the transportation, unless the person requesting the transportation (1) produces a certificate of ownership and a current certificate of registration showing that the person is the legal owner of the vehicle or (2) produces, if the person is not the legal owner thereof, a current certificate of registration showing that the person is the registered owner of the vehicle and, in addition thereto, the written consent of the legal owner thereof to the transportation.

No person owning or having control of any vessel, airplane, or other means of transportation, and no agent or employee of such person, shall transport any used vehicle [~~between the counties or~~] from the State to any other place away from the State, unless, in addition to any other requirements, such person records by physical inspection the vehicle identification number (VIN) of such vehicle and maintains a record of the transporting of the vehicle along with the description and vehicle identification number (VIN) for a period of not less than three years.

Records maintained as required above, and all other records and receipts relating to the exportation of vehicles shall be available for inspection by the federal, state, or county police agencies during normal business hours."

SECTION 2. Section 286-271, Hawaii Revised Statutes, is amended to read as follows:

"§286-271 Interisland shipping of vehicles; proof required. (a) Except as provided in subsection (b), a legal owner of a vehicle shall not ship that vehicle interisland in this State unless the legal owner first presents to the carrier the legal owner's current certificate of registration showing that the person is the registered owner of the vehicle, identification, and proof of motor vehicle insurance. If the registered owner of the vehicle is not the legal owner of the vehicle, the registered owner must present to the carrier, the registered owner's current certificate of registration, identification, [~~the written consent of the legal owner thereof to the transportation,~~] and proof of motor vehicle insurance. Duplicate copies of the current registration and proof of motor vehicle insurance shall be acceptable for commercial vehicles as defined in section 286-47(3)(C). An authorized agent of the legal or registered owner may ship the vehicle by presenting[~~, in addition to the required documents,~~] the current certificate of registration, identification, proof of motor vehicle insurance, and a notarized letter from the registered or legal owner authorizing the shipment. For an unrecorded owner pending a lawful transfer, a certificate of ownership signed by the previous owner may be substituted for the current certificate of registration for a vehicle purchased within thirty days of shipping. A facsimile of proof of motor vehicle insurance from an insurance company may be accepted for a vehicle purchased within thirty days of shipping. Presentation of proof of motor vehicle insurance shall not be required for:

(1) Unlicensed propelled vehicles that are not intended for on-road use;

(2) New unregistered vehicles shipped with a bill of lading; or

(3) Vehicles owned by the federal, state, or county government.

(b) A legal owner of a damaged vehicle shall not ship that vehicle interisland in this State for repair, disposal, or salvage unless the legal owner first presents to the carrier the legal owner's current certificate of registration showing that the person is the registered owner of the vehicle or a car dealer's license. For an unrecorded owner pending a lawful transfer, a certificate of ownership signed by the previous owner may be acceptable for a vehicle purchased within thirty days of shipping. A registered owner of the vehicle who is not the legal owner of the vehicle must present a current certificate of registration [~~and a written consent of the legal owner thereof to the transportation or a car dealer's license~~].

(d) The carrier shall record by physical inspection the vehicle identification number (VIN) of the vehicle and maintain a record of the transporting of the vehicle along with the description of the vehicle for a period of not less than three years.

[~~(d)~~] (e) This section shall not apply to licensed dealers who periodically ship in quantities of ten vehicles or more, or whose primary business is the auction of insurance salvage vehicles.

(f) The records maintained as required by this section and all other records and receipts relating to the transportation of vehicles shall be available for inspection by the federal, state, and county law enforcement agencies, and financial institutions during normal business hours."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________