REPORT TITLE:
MV Insurance


DESCRIPTION:
Repeals provisions relating motor vehicle insurance violations.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           936
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INSURANCE.
 


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

 1      SECTION 1.  Section 805-13, Hawaii Revised Statutes, is
 
 2 repealed.
 
 3      ["§805-13 Motor vehicle insurance violation.(a)  In all
 
 4 cases of citation for alleged violations of chapter 431:10C or
 
 5 section 286-116, the court shall hear and dispose of such actions
 
 6 expeditiously.  Such actions may be severed from any other
 
 7 proceedings to facilitate immediate disposition.  Continuance of
 
 8 proceedings on motor vehicle insurance violations may be allowed
 
 9 in the discretion of the court, only after the court has received
 
10 evidence that the required insurance on the motor vehicle
 
11 involved was in fact in force on the date of the citation, or
 
12 that the motor vehicle has been, or is ordered by the court to
 
13 be, impounded.
 
14      (b)  In all cases of citation for alleged violations of
 
15 chapter 431:10C or section 286-116 the court shall require the
 
16 appearance of the driver cited and the registered owner of the
 
17 motor vehicle.  If the registered owner is not the driver, the
 
18 registered owner shall be cited by service of the citation on the
 
19 driver who shall be deemed to be the owner's agent for purposes
 

 
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 1 of service and by naming the owner jointly with the driver in the
 
 2 citation.  Where the registered owner is a corporation or
 
 3 association, an officer or designated agent thereof shall be
 
 4 required to appear.  Where the registered owner is a partnership,
 
 5 a general partner thereof shall be required to appear.
 
 6      (c)  In the case of multiple violations the court shall, in
 
 7 addition to any other penalty, impose the following penalties:
 
 8      (1)  Imprisonment of not more than thirty days;
 
 9      (2)  Suspension or revocation of driver's license of the
 
10           driver and of the registered owner;
 
11      (3)  Suspension or revocation of the motor vehicle
 
12           registration plates of the vehicle involved;
 
13      (4)  Impoundment, or impoundment and sale, of the motor
 
14           vehicle for the costs of storage and other charges
 
15           incident to seizure of the vehicle; or any other cost
 
16           involved pursuant to section 431:10C-117; or
 
17      (5)  Any combination of such penalties.
 
18      The court shall impose any other sanction it finds necessary
 
19 to remove the vehicle or driver involved from the highways, and
 
20 to preclude the driver or registered owner from the continued
 
21 operation of any uninsured motor vehicle.
 
22      (d)  Upon subsequent hearing ordered by the court or upon
 
23 the driver's or registered owner's motion, the court may, in its
 

 
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                                     S.B. NO.           936
                                                        
                                                        

 
 1 discretion, terminate any judgment previously entered under
 
 2 subsection (c) upon finding that the registered owner and the
 
 3 driver, as applicable, have complied with chapter 287 with
 
 4 respect to any prior accident as evidenced by a form properly
 
 5 validated by a police department and:
 
 6      (1)  Complied with all requirements under chapter 431:10C as
 
 7           evidenced by a motor vehicle insurance identification
 
 8           card and the insurance policy issued by a licensed
 
 9           insurer; or
 
10      (2)  Complied with all requirements under chapter 431:10C as
 
11           evidenced by a certificate of self-insurance issued by
 
12           the insurance commissioner pursuant to section
 
13           431:10C-107(c).
 
14      (e)  The court may, in its discretion, maintain continuing
 
15 jurisdiction following any termination or judgment as provided in
 
16 subsection (d), to assure the continued compliance of the
 
17 registered owner or driver with chapter 286, 287, or 431:10C."]
 
18      SECTION 2.  Statutory material to be repealed is bracketed.  
 
19      SECTION 3.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:_________________________