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2022 Hawaii Revised Statutes
Title 25. Professions and Occupations
437D. Motor Vehicle Rental Industry
- 437D-1 Short title.
- 437D-2 Scope.
- 437D-3 Definitions.
- 437D-4 Rental agreements; delivery to director.
- 437D-5 Rental agreements; damage waivers.
- 437D-5.5 Offers or sales of collision insurance by lessors or limited line motor vehicle rental company producers. (a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or sale of collision insurance by lessors or limited line motor vehicle rental company producers. (b) For purposes of this chapter, collision insurance means coverage to pay a specified amount to or on behalf of the lessee for claims by the lessor relating to loss of or damage to the rented vehicle. The definitions of collision insurance and damage waiver stated in this chapter shall apply only to this chapter. No definition of insurance in this chapter or in any other statute shall be deemed to include damage waiver as defined in this chapter. [L 2002, c 235, §2; am L 2009, c 148, §4]
- 437D-6 Additional mandatory charges prohibited.
- 437D-7 Rate disclosure requirements; advertising.
- 437D-8 Rate disclosure requirements; oral or written statements.
- 437D-8.4 License and registration fees.
- 437D-8.5 Commissions. (a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfair or deceptive act or practice as provided in section 480-2. (b) As used in this section: "Commission for selling damage waivers" includes any compensation, bonus, award, or remuneration that corresponds directly to the amount of sales of damage waivers. "Commission for selling damage waivers" does not include any compensation, bonus, award, or remuneration to an employee that corresponds to the overall gross receipts of a sales location, where sales of damage waivers are one of many factors contributing to overall gross receipts. "Sales location" means any location at which the employee worked or had oversight responsibility during the applicable compensation period. [L 1990, c 209, pt of §1; am L 1991, c 227, §1; am L 2003, c 155, §2; am L 2009, c 148, §7]
- 437D-8.6 Damage waiver statistics.
- 437D-9 Posting requirements.
- 437D-10 Pamphleting requirements.
- 437D-11 Acknowledgment by lessee.
- 437D-12 Deposit or advance charge prohibited; payment for damages to rental motor vehicle.
- 437D-13 Notice and posting required concerning motor vehicle laws.
- 437D-14 Fuel charges.
- 437D-15 Unfair trade practices.
- 437D-16 Application of insurance laws.
- 437D-17 Exceptions to posting requirements.
- 437D-17.5 Rental agreements; unpaid traffic infractions. Pursuant to section 291D-3.5, or other sections of the law and except for summons, citations, or violations relating to the care and maintenance of a rental motor vehicle, the lessor, as the registered owner of the rental motor vehicle, may be responsible for fines, costs, penalties, fees, or other charges related to traffic infractions of a motor vehicle while being leased or rented to a lessee. The lessor may adopt a policy of charging the lessee the actual amount paid for the traffic infractions to the court or other state government agency or county government plus an administrative fee not to exceed out-of-pocket expenses documented by receipts plus up to four hours of work multiplied by Hawaii's prevailing minimum wage relating to research of files and communications with the court, county government or governmental agencies and lessee; provided that every rental agreement of a lessor adopting the policy must disclose, at a minimum, in plain language and in at least ten-point bold typeface print: (1) The maximum estimated amount of the administrative fee to be charged; and (2) Language encouraging the lessee to pay directly to the court, county government or other appropriate government agency the applicable fines, costs, monetary assessments, penalties, fees, surcharges, or other charges. [L 1993, c 247, §1; am L 2007, c 85, §11]
- 437D-18 Power and duties of the director.
- 437D-19 Civil penalties.
Note
Rental car companies; annual audit by a third party certified public accountant, beginning March 1, 2019. L 2017, c 137, 5.
Cross References
Lease-purchase agreements for personal property, see chapter 481M.
Motor vehicle lease disclosure act, see chapter 481L.
Terminal rental adjustment clause, see 286-52.4.
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