reglab/housing_qa huggingface dataset:
HI Rev Stat § 290-2 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-2 Notice to owner.

  §290-2 Notice to owner. (a) Upon taking custody of any abandoned vehicle, a written notice shall immediately be sent by registered or certified mail to the legal and registered owner of the vehicle at the address on record at the vehicle licensing division. The notice shall contain a brief description of the vehicle, the location of custody, and intended disposition of the vehicle if not repossessed within ten days after the mailing of the notice, or in the case where the address of the registered owner on record at the vehicle licensing division is an out-of-state address, within twenty business days after the mailing of the notice. A notice need not be sent to a legal or registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined. Absent evidence to the contrary, a notice shall be deemed received by the legal or registered owner five days after the mailing.  (b) The county agency designated by the mayor to carry out the functions and requirements of section 290-1 and this section shall adopt rules pursuant to chapter 91 regarding notification of vehicle owners.  (c) For purposes of this section, "business days" shall exclude Saturdays, Sundays, and state holidays. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-2; am L 1989, c 158, §3; am L 1991, c 65, §2; am L 2011, c 122, §1; am L 2018, c 48, §3]
HI Rev Stat § 290-3 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-3 Public auction.

  §290-3 Public auction. If the vehicle is not repossessed within the time limits provided in section 290-2, the vehicle may be disposed of by public auction, through oral tenders, or by sealed bids, after public advertisement has been made once in a newspaper of general circulation; provided that the public auction shall not be held less than five days after the publication has been made. Where no bid is received, the vehicle may be either sold by negotiation, disposed of or sold as junk, or donated to any governmental agency. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-3; am L 2018, c 48, §4]
HI Rev Stat § 290-4 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-4 Repossession by person entitled.

 §290-4 Repossession by person entitled. Any person entitled to the vehicle may repossess the same prior to the date of public auction upon payment of all towing, handling, storage, appraisal, advertising, and any other expenses incurred in connection with the vehicle. If the person claiming the vehicle is not the legal or registered owner, the person may repossess the vehicle upon paying the foregoing expenses and posting adequate security not to exceed the value of the vehicle. The security, if not forfeited, shall be returned two years from receipt. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-4; gen ch 1985]
HI Rev Stat § 290-5 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-5 Waiver of public auction requirements.

  §290-5 Waiver of public auction requirements. The requirements of public auction may be waived when the value of any vehicle is less than $1,000 as determined by the director of finance or authorized representative or the vehicle is:  (1) Missing major components or so materially damaged as to render the vehicle inoperable; and  (2) The registration period has expired for the vehicle. In that event, the vehicle, after public advertisement has been made pursuant to section 1-28.5, may be disposed of in the same manner as when a vehicle is put up for public auction and for which no bid is received. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-5; am L 1989, c 158, §4; am L 2006, c 62, §1; am L 2007, c 8, §1]
HI Rev Stat § 290-6 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-6 Effect of transfer of title.

 §290-6 Effect of transfer of title. The transfer of title and interest by sale hereunder shall be considered a transfer by operation of law and shall be governed by provisions applicable thereto; provided that in the event the certificate of ownership or registration is unavailable, the bill of sale executed by the authorized county officer is satisfactory evidence authorizing the transfer of such title or interest. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-6]
HI Rev Stat § 290-7 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-7 Disposition of proceeds.

 §290-7 Disposition of proceeds. All proceeds from the sale of vehicles shall be deposited into the general fund of the county. The legal or registered owner is entitled to recover the excess of the proceeds from the sale over expenses, if the claim is filed with the county within one year from the execution of the sales agreement. The registered owner shall receive priority of payment to the extent of the registered owner's lien on the vehicle. The county may file a claim within the same period against the legal or registered owner or person with an unrecorded interest for the deficiencies between the sale proceeds and expenses. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-7; gen ch 1985] Cross References  Highway beautification and disposal of abandoned or derelict vehicles revolving fund, see §286-51(b).
HI Rev Stat § 290-8 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-8 Derelict vehicle.

  §290-8 Derelict vehicle. A vehicle shall be deemed a derelict vehicle by the administrative head of the county agency designated to carry out section 290-1, or by the executive director or a representative of the executive director of the Hawaii public housing authority in the case of a vehicle that has been abandoned on property owned, managed, or administered by the authority, if a part has been removed or material damage to the vehicle has rendered the vehicle inoperable and one of the following conditions exists:  (1) The vehicle is registered for the current registration period and the registered and legal owners no longer reside at the addresses on record with the county director of finance;  (2) The vehicle has been registered for the current or previous registration period and the registered and legal owners disclaim ownership, or a notice of transfer has been submitted by the registered and legal owners and recorded with the director of finance and the new owner has not transferred the title or registration into the new owner's name within thirty days of release;  (3) The vehicle identification number and license plates have been removed so as to nullify efforts to locate or identify the current registered and legal owners;  (4) The vehicle has not been registered for the previous twelve month period; or  (5) The vehicle registration records of the county director of finance contain no record that the vehicle has ever been registered in the county. Prior to authorizing the removal of a derelict vehicle, the administrative head of the county agency designated to carry out section 290-1 or the executive director or a representative of the executive director of the Hawaii public housing authority in the case of vehicles that have been abandoned on property owned, managed, or operated by the authority, shall notify the county chief of police only if the vehicle is reported stolen or otherwise needed for police investigation. [L 1971, c 28, pt of §1; am L 1983, c 96, §1; am L 1985, c 21, §1; am L 1987, c 77, §1; am L 1992, c 238, §2; am L 1996, c 58, §1; am L 1997, c 350, §14; am L 2005, c 196, §26(a); am L 2006, c 147, §2 and c 180, §16; am L 2018, c 48, §5] Case Notes  Plaintiff asserted that this section and §290-9 were unconstitutional and that the municipality was subject to liability under 42 U.S.C. §1983 on the grounds that an ordinance implemented the sections and therefore constituted an official policy statement by the municipality; no basis found for imposing liability on the municipality under 42 U.S.C. §1983. 333 F. Supp. 2d 942 (2004).  This section and §290-9 are not facially unconstitutional except for condition (6) set forth in this section, which allows for the immediate disposition, without notice, of derelict cars older than ten years and unconstitutionally violates the requirements of due process. 333 F. Supp. 2d 942 (2004).
HI Rev Stat § 290-9 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-9 Disposition of derelict vehicle.

  §290-9 Disposition of derelict vehicle. A derelict vehicle may be immediately disposed of or sold as junk without having to comply with the requirements of section 290-2 and 290-5. [L 1971, c 28, pt of §1] Case Notes  Plaintiff asserted that §290-8 and this section were unconstitutional and that the municipality was subject to liability under 42 U.S.C. §1983 on the grounds that an ordinance implemented the sections and therefore constituted an official policy statement by the municipality; no basis found for imposing liability on the municipality under 42 U.S.C. §1983. 333 F. Supp. 2d 942 (2004).  Section 290-8 and this section are not facially unconstitutional except for condition (6) set forth in §290-8, which allows for the immediate disposition, without notice, of derelict cars older than ten years and unconstitutionally violates the requirements of due process. 333 F. Supp. 2d 942 (2004).
HI Rev Stat § 290-10 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-10 Disposition of unclaimed vehicle.

  §290-10 Disposition of unclaimed vehicle. Whenever a county ordinance authorizes the police or other agency designated by the mayor of the county to remove and store vehicles, a vehicle removed and stored under authority of such ordinance may be deemed to have been abandoned for the purposes of this chapter if not claimed within twenty-four hours by a person entitled to possession. Such vehicle may be disposed of in accordance with this chapter for the disposition of abandoned vehicles. [L 1971, c 28, pt of §1]
HI Rev Stat § 290-12 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-12 Leaving abandoned or derelict vehicles.

 §290-12 Leaving abandoned or derelict vehicles. The registered owner of an abandoned vehicle, as defined in section 290-1, or a derelict vehicle, as defined in section 290-8, found on any roadway, alley, street, way, lane, trail, bridge, or highway or other public property or on private property without authorization of the owner or occupant shall be fined not more than $1,000; provided that the registered owner shall not be fined if the abandoned or derelict vehicle has been stolen or taken from the registered owner without permission or authorization. [L 1973, c 148, pt of §1; am L 1984, c 175, §1; am L 1985, c 52, §1; am L 1986, c 31, §1; am L 1993, c 214, §11]
HI Rev Stat § 290-21 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-21 Disposition of vehicles by persons in motor vehicle repair business.

 [ §290-21] Disposition of vehicles by persons in motor vehicle repair business. When any person abandons a motor vehicle upon the premises of a motor vehicle repair business, the owner of the business or the owner's authorized representative may sell or dispose of the vehicle in accord with this part. [L 1969, c 178, pt of §1; gen ch 1985]
HI Rev Stat § 290-22 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-22 When vehicle deemed abandoned.

  §290-22 When vehicle deemed abandoned. A motor vehicle shall be deemed to be abandoned upon satisfaction of the following conditions:  (1) The service requested or required by a person whose vehicle is towed or brought to a motor vehicle repair business, such as towing and rendering estimates of the cost of repairs has been performed; and  (2) No authorization is given to perform any further service respecting the vehicle but the vehicle is left on the repair business premises; and  (3) The owner of the repair business or the owner's authorized representative has given notice by registered or certified mail to the legal and registered owner of the motor vehicle at the addresses on record in the vehicle licensing division stating that, if the vehicle is not repossessed within thirty days after the mailing of the notice, it will be sold or disposed of as junk. The notice also shall contain a description of the vehicle and its location. The notice need not be sent to a legal or registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined; and  (4) The vehicle is not repossessed within the above mentioned thirty-day period. [L 1969, c 178, pt of §1; gen ch 1985]
HI Rev Stat § 290-23 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-23 Sale or disposition of vehicle.

  §290-23 Sale or disposition of vehicle. When a vehicle is abandoned, the owner of the vehicle repair business, or the owner's authorized representative, after one public advertisement in a newspaper of general circulation in the State, may negotiate a sale of the vehicle or dispose of it as junk. [L 1969, c 178, pt of §1; gen ch 1985]
HI Rev Stat § 290-24 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-24 Disposition of proceeds.

  §290-24 Disposition of proceeds. The authorized seller of the vehicle shall be entitled to the proceeds of the sale to the extent that compensation is due the authorized seller for services rendered in respect of the vehicle, including reasonable and customary charges for towing, handling, storage, and the cost of the notices and advertising required by this part. Any remaining balance shall be forwarded to the legal or registered owner of the vehicle if the legal or registered owner can be found. If the legal or registered owner cannot be found, the balance shall be deposited with the director of finance of the State and shall be paid out to the legal or registered owner of the vehicle if a proper claim is filed therefor within one year from the execution of the sales agreement. If no claim is made within the year allowed, the money shall become a state realization. [L 1969, c 178, pt of §1; gen ch 1985]
HI Rev Stat § 290-25 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-25 Effect of transfer of title.

  §290-25 Effect of transfer of title. The transfer of title and interest by sale under this part is a transfer by operation of law; provided that if the certificate of ownership or registration is unavailable, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest. [L 1969, c 178, pt of §1]
HI Rev Stat § 290-41 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-41 Notice to police department.

  §290-41 Notice to police department. Before a vehicle is towed by any business engaged in towing vehicles, the owner of the towing business or the owner's designated representative shall notify the police department of the county by telephone to determine if the police department of the county has any investigative interest in that vehicle, describing the vehicle, the place from which it is to be towed, and such other information as the police department requires to be furnished. If the vehicle is towed and not claimed within forty-eight hours from the time the vehicle is towed, a written notification, containing the same information, shall immediately be sent to the police department by the owner of the business or the owner's designated representative. [L 1971, c 119, §2; am L 1982, c 36, §1; gen ch 1985]
HI Rev Stat § 290-42 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-42 Disposition of license plates.

  §290-42 Disposition of license plates. Whoever shall abandon a vehicle, or having attained custody of an abandoned vehicle, disposes of, or conveys it as junk shall remove and transmit any license plates on such vehicle to the county agency charged with carrying out the functions and requirements of this chapter. The county agency receiving the license plates shall provide for the destruction of the plates. Violation of this section shall be a misdemeanor. [L 1973, c 147, §2]
HI Rev Stat § 290-45 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|290. Abandoned Vehicles|290-45 Penalties.

 §290-45 Penalties. Whoever violates any of the provisions of this chapter or any lawful rule adopted by the director of finance under authority of this chapter, for the violation of which no penalty is provided by law, shall be fined not less than $150 nor more than $500. [L 1982, c 91, §1; am L 1985, c 52, §2]
HI Rev Stat § 291-1 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|291. Traffic Violations|291-1 NEW Definitions.

Law Journals and Reviews Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).  §291-1 NEW Definitions. As used in this part:  "Intoxicating liquor" means the same as the term is defined in section 281-1.  "Public street, road, or highway" includes the entire width, including berm or shoulder, of every road, alley, street, way, lane, trail, highway, bikeway, bridge, when any part thereof is open for use by the public, including any bicycle lane, bicycle path, bikeway, controlled-access highway, laned roadway, roadway, or street, as defined in section 291C-1, and any public highway, as defined in section 264-1.  "Scenic lookout" includes any area within or adjoining a public street, road, or highway which is intended for use by motorists as a stopping or parking area attendant to the enjoyment of the surrounding scenery or a view. [L 1986, c 171, §2; am L 2002, c 16, §14]
HI Rev Stat § 291-3 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|291. Traffic Violations|291-3 REPEALED.

 §291-3 REPEALED. L 1971, c 150, §3.
HI Rev Stat § 291-3.1 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|291. Traffic Violations|291-3.1 Consuming or possessing intoxicating liquor while operating motor vehicle or moped.

  §291-3.1 Consuming or possessing intoxicating liquor while operating motor vehicle or moped. (a) No person shall consume any intoxicating liquor while operating a motor vehicle or moped upon any public street, road, or highway.  (b) No person shall possess, while operating a motor vehicle or moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.  (c) Any person violating this section shall be fined not more than $2,000 or imprisoned not more than thirty days, or both. [L 1981, c 152, pt of §1; am L 1986, c 171, §3; am L 1987, c 33, §7; am L 1998, c 287, §3; am L 2000, c 62, §1]
HI Rev Stat § 291-3.2 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|291. Traffic Violations|291-3.2 Consuming or possessing intoxicating liquor while a passenger in a motor vehicle.

  §291-3.2 Consuming or possessing intoxicating liquor while a passenger in a motor vehicle. (a) No person shall consume any intoxicating liquor while a passenger in any motor vehicle or on any moped upon any public street, road, or highway.  (b) No person shall possess, while a passenger in a motor vehicle or on a moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.  (c) Any person violating this section shall be guilty of a petty misdemeanor. [L 1981, c 152, pt of §1; am L 1986, c 171, §4; am L 1987, c 33, §8; am L 2000, c 62, §2]
HI Rev Stat § 291-3.3 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|291. Traffic Violations|291-3.3 Storage of opened container containing intoxicating liquor or consumption at scenic lookout.

 §291-3.3 Storage of opened container containing intoxicating liquor or consumption at scenic lookout. (a) No person shall keep in a motor vehicle, or on a moped when such vehicle or moped is upon any public street, road, or highway or at any scenic lookout, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed or fully removed, unless such container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers.  (b) No person shall consume any intoxicating liquor at any scenic lookout.  (c) Subsection (a) shall not apply to a recreational or other vehicle not having a separate trunk compartment.  (d) Any person violating this section shall be guilty of a violation. [L 1981, c 152, pt of §1; am L 1986, c 171, §5; am L 1987, c 33, §9; am L 2000, c 62, §3] Case Notes  Based on the clear language of subsection (b) and §287-3(a), and because subsection (b) does not describe a "moving violation" which arises from the "operation of a motor vehicle", the district court disregarded the statutory requirements and abused its discretion in determining that a violation of subsection (b) was properly included as part of defendant's traffic abstract. 123 H. 293 (App.), 233 P.3d 713 (2010).  Where there was nothing in the record to base a conclusion that defendant intentionally relinquished any right to challenge an improper listing of a subsection (b) violation on defendant's abstract, and there was nothing to suggest the traffic abstract was contemplated or should have been contemplated before defendant admitted to the violation, or that defendant had actual or constructive knowledge that defendant's admission could lead to the violation appearing on defendant's abstract, the district court abused its discretion in concluding that defendant waived defendant's defenses or rights related to the abstract. 123 H. 293 (App.), 233 P.3d 713 (2010).
HI Rev Stat § 291-3.4 (2021)
2021 Hawaii Revised Statutes|Title 17. Motor and Other Vehicles|291. Traffic Violations|291-3.4 Exceptions; consumption or possession of intoxicating liquor while a passenger in a motor vehicle, storage of opened container containing intoxicating liquor.

  §291-3.4 Exceptions; consumption or possession of intoxicating liquor while a passenger in a motor vehicle, storage of opened container containing intoxicating liquor. Sections 291-3.2 and 291-3.3 shall not apply to a motor vehicle for hire which has been issued a certificate of public convenience or necessity, 1-7 passenger classification by the public utilities commission so long as the motor vehicle has a barrier between the driver and the passengers sufficient to prevent intoxicating liquor from being passed between them and only the passengers behind the barrier consume the intoxicating liquor. [L 1985, c 89, §1]