Report Title:
Parking Citations; Motor Vehicle Registration
Description:
Clarifies that: (1) responsibility for unpaid parking fines rests with the registered owner of the motor vehicle incurring the parking citation at the time of the violation; (2) unpaid parking fines do not prevent the transfer of the motor vehicle's registration and title; and (3) certain restrictions on the operation of mopeds applies to two-wheeled mopeds. Effective 7/1/2096. (SB2065 HD1)
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THE SENATE |
S.B. NO. |
2065 |
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TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLE REGISTRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-195, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291C-195[]] Driving of mopeds. (a) No person less than fifteen years of age shall drive a moped.
(b) No person shall drive a two–wheeled moped except while sitting astride the seat, facing forward, with one leg on each side of the moped.
(c) No person shall drive a two-wheeled moped which is carrying any other person nor shall any person other than the driver ride upon a two-wheeled moped."
SECTION 2. Section 291D-7, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (b) and (c) to read:
"(b) When a denying answer is received, the court shall proceed as follows:
(1) In the case of a traffic infraction that does not involve parking where the person requests a hearing to contest the infraction, the court shall notify the person in writing of the date, time, and place of hearing to contest the notice of traffic infraction. The notice of hearing shall be sent to the address stated in the answer, or if none is given, to the address stated on the notice of traffic infraction. The notification also shall advise the person that, if the person fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, that the total amount specified in the default judgment must be paid within thirty days from notice of default, and, if it is not paid, that the court shall take action as provided in section 291D-10;
(2) In the case of a traffic infraction that involves parking, the court shall notify the person or registered owner or owners in writing of the date, time, and place of hearing to contest the notice of traffic infraction. The notice of hearing shall be sent to the address stated in the denying answer or, if none is given, to the address at which the vehicle is registered. The notification also shall advise the person that, if the person fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, that the total amount specified in the default judgment shall be paid within thirty days from notice of default, and, if it is not paid, that the court shall take action as provided in section 291D-10; provided that payment of the total amount shall be the responsibility of the registered owner of the motor vehicle incurring the parking violation at the time the violation was incurred; and
(3) When a denying answer is accompanied by a written statement of the grounds on which the person contests the notice of the traffic infraction, the court shall proceed as provided in section 291D-8(a) and shall notify the person of its decision, including the total amount assessed by mailing it within thirty days of the postmarked date of the answer to the address provided by the person in the answer, or if none is given, to the address given when the notice of traffic infraction was issued or, in the case of parking violations, to the address stated in the denying answer or, if none is given, to the address at which the vehicle is registered. The decision also shall advise the person, if it is determined that the infraction was committed, that the person has the right, within thirty days, to request a trial and shall specify the procedures for doing so. The notice of decision shall also notify the person, if an amount is assessed by the court for fines, fees, surcharges, costs, or monetary assessments, that if the person does not request a trial, the total amount assessed shall be paid within thirty days. The notice shall warn the person that if the total amount is not paid within thirty days, the court shall take action as provided in section 291D-10[.]; provided that in the case of a traffic infraction involving parking, payment of the total amount shall be the responsibility of the registered owner of the motor vehicle incurring the parking violation at the time the violation was incurred.
(c) When an answer admitting commission of the infraction but seeking to explain mitigating circumstances is received, the court shall proceed as follows:
(1) In the case of a traffic infraction which does not involve parking where the person requests a hearing to explain mitigating circumstances, the court shall notify the person in writing of the date, time, and place of hearing to explain mitigating circumstances. The notice of hearing shall be sent to the address stated in the answer, or if none is given, to the address stated on the notice of traffic infraction. The notification also shall advise the person that, if the person fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, that the total amount stated in the default judgment shall be paid within thirty days from notice of default, and, if it is not paid, that the court shall take action as provided in section 291D-10;
(2) In the case of a traffic infraction which involves parking, the court shall notify the person in writing of the date, time, and place of the hearing. The notice shall be sent to the address at which the vehicle is registered. The notice of hearing on mitigating circumstances shall advise the person that the court shall enter judgment for the State and the hearing shall be limited to an explanation of the mitigating circumstances. The notice of hearing also shall state that if the person fails to appear at the hearing, the total amount specified in the default judgment shall be paid within thirty days of the scheduled hearing. The notice of hearing shall warn the person that if the total amount is not paid within thirty days, the court shall take action as provided in section 291D-10; provided that payment of the total amount shall be the responsibility of the registered owner of the motor vehicle incurring the parking violation at the time the violation was incurred; and
(3) If a written explanation is included with an answer admitting commission of the infraction, the court shall enter judgment for the State and, after reviewing the explanation, determine the total amount of the fines, fees, surcharges, costs, or monetary assessments to be assessed, if any. The court shall then notify the person of the total amount to be paid for the infraction, if any. There shall be no appeal from the order. If the court assesses an amount for fines, fees, surcharges, costs, or monetary assessments, the court shall also notify the person that the total amount shall be paid within thirty days of the postmarked date of the decision. The notice also shall warn the person that if the total amount is not paid within thirty days, the court shall take action as provided in section 291D-10[.]; provided that in the case of a traffic infraction involving parking, payment of the total amount shall be the responsibility of the registered owner of the motor vehicle incurring the parking violation at the time the violation was incurred."
2. By amending subsection (e) to read:
"(e) Whenever judgment by default in favor of the State is entered, the court shall mail a notice of entry of judgment of default to the address provided by the person when the notice of traffic infraction was issued or, in the case of parking violations, to the address stated in the answer, if any, or the address at which the vehicle is registered. The notice shall advise the person that the total amount specified in the default judgment shall be paid within thirty days and shall explain the procedure for setting aside a default judgment. The notice shall also warn the person that if the total amount is not paid within thirty days, the court shall take action as provided in section 291D-10[.]; provided that payment of the total amount shall be the responsibility of the registered owner of the motor vehicle incurring the parking violation at the time the violation was incurred. Judgment by default for the State entered pursuant to this chapter may be set aside pending final disposition of the traffic infraction upon written application of the person and posting of an appearance bond equal to the amount of the total amount specified in the default judgment and any other assessment imposed pursuant to section 291D-9. The application shall show good cause or excusable neglect for the person's failure to take action necessary to prevent entry of judgment by default. Upon receipt of the application, the court shall take action to remove the restriction placed on the person's driver's license or the person's motor vehicle's registration and title imposed pursuant to section 291D-10. Thereafter, the court shall determine whether good cause or excusable neglect exists for the person's failure to take action necessary to prevent entry of judgment by default. If so, the notice of traffic infraction shall be disposed of pursuant to this chapter. If not, the appearance bond shall be forfeited and the notice of traffic infraction shall be finally disposed. In either case, the court, within thirty days, shall determine the existence of good cause or excusable neglect and notify the person of its decision in writing."
SECTION 3. Section 291D-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In all cases where the registered owner of a motor vehicle to which a notice of traffic infraction has been issued fails to pay the total amount of fines, fees, surcharges, costs, or monetary assessments that have been ordered, the court shall cause an entry to be made in the motor vehicle's record so as to prevent issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle until the outstanding amount is paid or the notice of traffic infraction is otherwise disposed of pursuant to this chapter[.]; provided that if the traffic infraction involves an unpaid parking violation under section 291D-7, this subsection shall not prevent transfer of title to the motor vehicle to another person, in which case the clerk of the court shall issue a clearance to effectuate the registration and transfer of title; and provided further that in no event shall a clearance:
(1) Absolve the registered owner of the motor vehicle at the time the parking violation was incurred from paying the fine;
(2) Prevent any subsequent issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle; or
(3) Otherwise encumber the title of that motor vehicle."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2096.