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

Terms Used In Hawaii Revised Statutes 437D-17.5

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Lessee: means any person obtaining the use of a rental motor vehicle from a lessor for a period of six months or less under the terms of a rental agreement. See Hawaii Revised Statutes 437D-3
  • Lessor: means any person in the business of providing rental motor vehicles to the public. See Hawaii Revised Statutes 437D-3
  • Plain language: means language written or spoken in a clear and coherent manner using words with common and everyday meanings. See Hawaii Revised Statutes 437D-3
  • Rental agreement: means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee. See Hawaii Revised Statutes 437D-3
  • Summons: Another word for subpoena used by the criminal justice system.
  • vehicle: means a motor vehicle as defined in § 286-2, which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less. See Hawaii Revised Statutes 437D-3
(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.

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