Gavin Howe
If you're looking to confirm towing laws in Hawaii, there are a few key organizations and resources to be aware of. Firstly, the Honolulu Police Department (HPD) plays a significant role in enforcing towing laws and can provide information on legal procedures. Additionally, the Hawaii Revised Statutes (HRS) contain detailed provisions regarding towing, including Sections 290-11 and 15A-5.6. The Department of Customer Services handles complaints related to towing disputes, and the State Office of Consumer Protection is responsible for addressing issues concerning overcharging and unauthorized towing. Understanding your rights and the applicable laws can help prevent exploitation and ensure fair practices in the towing industry.
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What You'll Learn
Towing abandoned vehicles
If you want to confirm towing laws in Hawaii, you can call the Honolulu Police Department at (808) 961-2227.
If you want to tow an abandoned vehicle from your property in Hawaii, you must first determine the owner of the vehicle and ask them to move it. If you cannot find the owner, you can report the vehicle to the County Abandoned Vehicle Coordinator under the local police. You will need to provide the following information:
- The exact location of the vehicle and possible landmarks
- The type, colour, and brand of the vehicle
- The license plate number
- A description of the vehicle's condition, e.g., whether it still has wheels
- The number of days, weeks, or months it has been in the vicinity
The police will then locate the vehicle and attach a notice advising the owner to remove the vehicle within 24 hours. If the vehicle is not removed within 72 hours, a request for a tow will be made.
According to Section 290-11 of the Hawaii Revised Statutes, the owner or occupant of a property must post a sign stating that unauthorized parking is not allowed and that violators will be towed away. The sign must be large and conspicuous, and it must state where the vehicle will be towed.
The maximum amount that can be charged for towing an unattended vehicle is $65, or $75 for a tow using a dolly. Towing companies may also charge a mileage fee of $7.50 per mile and $25 per day for storage for the first seven days, and $20 per day thereafter. Overtime charges of $15 may apply for tows occurring between 6 pm and 6 am from Monday to Friday, and an additional surcharge of $30 may be added for difficult hookups.
If your vehicle has been towed, the towing company is required by law to accept payment by cash, credit, or debit card. If you believe you have been overcharged, you may file a complaint with the State Office of Consumer Protection by calling 587-4272.
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Disputing towing charges
If you believe you have been overcharged for towing in Hawaii, you can take steps to dispute the charges. Firstly, it is important to understand the applicable laws and your rights. Hawaii has specific laws governing towing charges, and you should review these to determine if you have a valid dispute.
According to Hawaii Revised Statute §290-11(b)(1), state law limits how much tow companies can charge. The base fee is $65 per tow, with additional charges of $7.50 per mile, $75 for a dolly, $25 for each of the first seven days of storage, and $20 for each subsequent day. There may also be an overtime fee of $15 for tows during specific periods, and a surcharge of $30 for a difficult hookup in a multilevel facility.
If your vehicle is hooked up but has not been removed from the scene (within 50ft), the tow truck driver is required by law to unhook your vehicle without charging any fees. Additionally, towing companies must accept payment by cash, credit, or debit card, and provide a printed price list detailing daily storage fees and other charges before providing their services.
If you believe you have been overcharged or treated unfairly, you can take the following steps to dispute the charges:
- Contact the Towing Company: Start by reaching out to the towing company directly and explaining your concerns. They may have policies in place for handling customer disputes, and this could be the quickest way to resolve the issue.
- File a Complaint with the State Office of Consumer Protection: If the issue is not resolved with the towing company, you can file a complaint with the State Office of Consumer Protection. You can call them at (808) 587-4272 or file a complaint online at https://web2.dcca.hawaii.gov/ocpcomplaint/. Provide as much information as possible, including a copy of your towing receipt and an itemized list of the charges.
- Pursue a Civil Remedy: If the dispute is not resolved through the above channels, you may need to seek a civil remedy. This could involve taking legal action against the towing company to recover any excess charges or damages incurred.
It is important to act promptly when disputing towing charges, as there may be time limits for filing complaints or taking legal action. Additionally, keep detailed records of all interactions with the towing company and any relevant documentation, as these will be important if you need to pursue further action.
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Towing into police custody
If you want to confirm towing laws in Hawaii, you can try contacting the Honolulu Police Department, the Hawaii Department of Customer Services, or the State Office of Consumer Protection.
If a vehicle is towed into police custody and it requires the expenditure of city funds, the investigating officer must assess the situation to determine if removal is warranted. If removal is deemed necessary, the officer must obtain the concurrence of their immediate superior and then complete the appropriate police reports and a To/From report to the Finance Division. The towing company's invoice should be attached to the To/From report, which should include the following information:
- The name of the owner or occupant of the vehicle
- A description of the vehicle
- The location of the vehicle
- The maximum charges allowed by law
- A warning that if the car is not picked up within thirty days, it will be considered abandoned and may be sold or junked
Under Section 15A-5.6, Revised Ordinances of Honolulu 2021 (ROH), a vehicle may be towed when its alarm system has been activated for at least ten minutes. Additionally, Section 290-11 of the Hawaii Revised Statutes (HRS) requires the owner or occupant of a property to post a sign stating that unauthorized parking is not allowed and that violators will be towed. The sign must be large and conspicuous, and it must also state where the vehicle will be towed.
The maximum amount that can be charged for towing an unattended vehicle is $65, or $75 if a dolly is used. The towing company may also charge a mileage fee of $7.50 per mile and a daily storage fee of $25 for the first seven days, decreasing to $20 per day thereafter. Overtime charges of $15 may apply for towing between 6 pm and 6 am from Monday to Friday, and all day Saturday and Sunday. A towing surcharge of $30 is applicable for difficult hookups, such as those in multilevel facilities.
It is important to note that all contracted tow companies on Oahu are required to accept payment by credit card, debit card, or cash, and to remain available 24 hours a day, every day. If a dispute arises regarding payment or other issues with the tow, the vehicle owner may call the Department of Customer Services to pursue a complaint with the city.
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Choosing a towing company
If you want to know more about towing laws in Hawaii, you can call the State Office of Consumer Protection at 587-4272.
Customer Service: When you are stranded on the road, the last thing you need is a rude or unhelpful attitude from the towing company. Choose a company that is easy to work with and has a positive outlook towards its clients.
Services Offered: Towing companies offer different types of services, so it is important to research in advance to know what services are provided by the company.
Cost: Understand the cost structure of the towing company, including the price per mile and the hook-up fee. Be aware of additional charges for holidays, off-road towing, interstate towing, etc. Compare prices with other towing services in your area before making a decision.
Reliability and Availability: Opt for a towing company that provides 24/7 roadside assistance all year round. Ensure they have enough trucks to cater to multiple incidents at once.
Reputation: Research the company by reading reviews on sites like Google, Yellowpages, or Angieslist. Talk to your family, friends, and neighbours to get unbiased opinions. Remember that a positive track record is more important than the time the company has been in business.
Insurance and License: Choose a towing company that is fully insured and has all the necessary state certifications to operate legally. Ensure their trucks are in good condition and have passed annual inspections.
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Towing dispute resolution
If your vehicle has been towed in Hawaii, there are several steps you can take to resolve any disputes that may arise. Firstly, it is important to understand the scenarios in which your car can be towed:
- Your car is parked on private property without the property owner's authorization.
- You parked illegally on public property.
- Your car was involved in an accident, is disabled, and poses a traffic hazard.
- You requested a private tow.
In the event of a dispute, you should first verify whether the towing company has followed the relevant procedures and regulations. For instance, Hawaii Revised Statute §290-11(b)(1) limits the amount tow companies can charge to $65 per tow, $7.50 per mile, $75 for a dolly, $25 for the first seven days of storage, and $20 for each subsequent day. Tow companies may also charge a $15 overtime fee for tows during specific periods and a $30 surcharge for difficult hookups. Additionally, contracted tow companies are required to accept payment by credit card, debit card, or cash, and they must release your vehicle without charge if you arrive on the scene before it is towed.
If you believe you have been overcharged or encounter issues recovering your vehicle, you can file a complaint with the State Office of Consumer Protection. This can be done online at https://web2.dcca.hawaii.gov/ocpcomplaint/ or by calling (808) 587-4272 to speak with an intake specialist. When filing a complaint, it is recommended to provide as much information as possible, including a copy of the towing receipt with an itemized list of charges. Alternatively, you can call the Honolulu Police Department, as they may be able to assist in ensuring that tow companies follow the law.
It is important to note that failure or refusal to pay towing charges is considered a civil matter between the vehicle owner and the tow company. If you wish to pursue legal action, you should seek a civil remedy.
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Frequently asked questions
You can call the Honolulu Police Department (HPD) or the Hawaii Armed Services Police to confirm towing laws in Hawaii.
If your car is being towed without your consent, you can try to resolve the issue by:
- Asking the tow truck driver to unhook your vehicle, as they are required to do so without charging any fees if you arrive on the scene.
- Jumping into your vehicle, as it is illegal to tow a vehicle with someone inside.
- Calling the HPD, as they can enforce the law and make the tow truck driver follow the rules.
If you believe your car was towed illegally or you were overcharged, you can take the following steps:
- File a complaint with the State Office of Consumer Protection by calling (808) 587-4272 or filing a complaint online at https://web2.dcca.hawaii.gov/ocpcomplaint/.
- Contact a local attorney or your attorney general for assistance.
Yes, in Hawaii, there are laws that require proper signage in private parking areas to warn drivers that their vehicles may be towed. These signs must be large and conspicuous, stating that unauthorized parking is not allowed and providing information about where the vehicle will be towed.
In Hawaii, all contracted tow companies are required by law to accept payment by credit card, debit card, or cash. If a tow truck driver refuses to accept your card payment, you can call the Department of Customer Services to file a complaint.
