SB 3226: Law Enforcement; Driver's License; Motor Vehicle Registration; Motor Vehicle Insurance; Penalties; Reckless Driving

A BILL FOR AN ACT

relating to MOTOR VEHICLES.

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

     SECTION 1.  Section 286-61, Hawaii Revised Statutes, is amended to read as follows:

     "§286-61  Penalty.  (a)  Any person who violates sections 286-41, 286-42, 286-44.5 to 286-56.5, and 286-58 to 286-60 shall be fined not less than $5 nor more than $1,000; provided that any corporate owner of a motor vehicle who fails to register a motor vehicle as required by section 286-41(a) following a transfer of the vehicle between counties shall be fined $1,000 for each violation.

     (b)  Any person who violates section 286-43, 286-44, or 286-57 shall be fined not less than $5 and not more than $1,000 or imprisoned not more than one year, or both.

     (c)  In addition to the penalty described in subsection (a), the vehicle of any person who violates section 286-47 by not keeping a certificate of registration within the vehicle for which it is registered to be presented to a police officer upon request, shall be impounded by the applicable county agency at the expense of the vehicle owner.  A vehicle impounded in this manner shall remain in the possession of the county until a valid certificate of registration in the vehicle owner's name for the vehicle is presented and any costs related to the towing, storage, processing, and disposal of the vehicle are paid in full."

     SECTION 2.  Section 286-116, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  At any time a law enforcement officer finds a motor vehicle in operation by a driver not in possession of a valid driver's license and the motor vehicle or liability insurance identification card required under section 431:10C-107 and section 431:10G-106, the officer shall issue a citation with the earliest possible date for court appearance in every instance.  The vehicle of any person who is issued a citation pursuant to this subsection shall be impounded by the applicable county agency at the expense of the vehicle owner.  A vehicle impounded in this manner shall remain in the possession of the county until a valid driver's license in the person's name and the motor vehicle or liability insurance identification card required under section 431:10C-107 and section 431:10G-106 are presented and any costs related to the towing, storage, processing, and disposal of the vehicle are paid in full."

     SECTION 3.  Section 291-2, Hawaii Revised Statutes, is amended to read as follows:

     "§291-2  Reckless driving of vehicle or riding of animals; penalty.  (a)  Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both.

     (b)  The vehicle of any person issued a citation or arrested for reckless driving of vehicle shall be immediately impounded by the applicable county agency at the expense of the vehicle owner.  A vehicle impounded in this manner shall remain in the possession of the county until a valid driver's license in the person's name, the motor vehicle or liability insurance identification card required under section 431:10C-107 and section 431:10G-106, and a valid certificate of registration in the person's name for the vehicle are presented and any costs related to the towing, storage, processing, and disposal of the vehicle are paid in full; provided that the vehicle shall remain in the possession of the county for at least forty-eight hours from the time of impoundment."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Law Enforcement; Driver's License; Motor Vehicle Registration; Motor Vehicle Insurance; Penalties; Reckless Driving

Description:

Adds the penalty of vehicle impoundment to violations of reckless driving and for failure to present a valid driver's license, motor vehicle or liability insurance identification card, or certificate of registration.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.