Hawaii Revised Statutes 291D-3.5 – U-drive vehicles; traffic infractions
Terms Used In Hawaii Revised Statutes 291D-3.5
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Summons: Another word for subpoena used by the criminal justice system.
- Traffic infraction: means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter. See Hawaii Revised Statutes 291D-2
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 § 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 days after a notice 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 days 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.