Report Title:

Traffic Infractions; Rental Motor Vehicles

Description:

Requires that the owner of a rental motor vehicle, upon notice that the rental motor vehicle has been involved in a violation, provide the court with the name and address of the lessee within 60 days of the mailing of the notice.

THE SENATE	S.B. NO.	1302
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to rental motor vehicles.

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

     SECTION 1.  Upon notice that a rental motor vehicle has been involved in a violation, the owner of the rental motor vehicle is currently required to provide a court of competent jurisdiction with the name and address of the lessee of the rental motor vehicle within forty-five days.

     The purpose of this Act is to:  (1) extend the period of time within which the owner must provide the lessee's name and address from forty-five days to sixty days; and (2) clarify that the period of time within which the owner must provide the lessee's name and address begins on the date of the mailing of the notice.

     SECTION 2.  Section 291D-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291D-3.5[]]  U-drive vehicles; traffic infractions.  Notwithstanding any other law to the contrary, except those pertaining to the care and maintenance of the vehicle, if the registered owner of record is the lessor of a rental or U-drive motor vehicle, as defined in section 286-2, pursuant to a written lease agreement, the lessee at the time of the issuance of the traffic infraction shall be responsible for such summons or citation; provided that the lessor shall be responsible for such summons or citation if the lessor does not provide the court having jurisdiction over the summons or citation the name and address of the lessee within [forty-five] sixty days after mailing of a notice to a lessor containing the date, time, and location of the violation and the license number of the vehicle; provided further that if requested by the lessor in writing within [forty-five] sixty days of the mailing of such notice of violation other than for parking citations, the administrative judge of the court having jurisdiction over the citation or summons shall waive the requirement of providing the name and address of the lessee by the lessor and impose an administrative fee of $5 per citation on the lessor, plus costs and fees not to exceed $10 in total per violation, notwithstanding section 607-4 or other sections of the law, county ordinance, or any rule to the contrary.  In the case of parking citations, the administrative judge of the court having jurisdiction over the citation or summons may waive the requirement of providing the name and address of the lessee by the lessor and impose an administrative fee of $5 per parking citation on the lessor, plus costs and fees not to exceed $10 in total per such violation, notwithstanding section 607-4 or other sections of the law, county ordinance, or any rule to the contrary."

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

     SECTION 4.  This Act shall take effect July 1, 2009.

INTRODUCED BY:

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