Sections
Part I General Provisions 437-1 – 437-42
Part II Manufacturer, Distributor, and Dealer Disputes 437-51 – 437-58

Terms Used In Hawaii Revised Statutes > Chapter 437

  • Attachment hardware: means the components and associated fasteners that directly attach the bumper to the chassis frame. See Hawaii Revised Statutes 437-1.1
  • Auction: means any person engaged in the business of selling only motor vehicles by means of bidding at a public or private sale, but excludes an auctioneer and any person referred to in paragraph (1), (2), (4), or (5) in the definition of ["dealer"], or any person auctioning motor vehicles incidental to an auction of other assets, when the auctioneer or person acts in the respective capacity described in this section. See Hawaii Revised Statutes 437-1.1
  • Board: means the motor vehicle industry licensing board created by this chapter. See Hawaii Revised Statutes 437-1.1
  • Business: includes any activities regularly engaged in by any person or regularly caused to be engaged in by the person for the object of gain, benefit, or advantage, either direct or indirect. See Hawaii Revised Statutes 437-1.1
  • Consumer: means any person who purchases, other than for purposes of resale, a motor vehicle for personal, family, household, or business use, any person to whom such motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Hawaii Revised Statutes 437-1.1
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 54-17
  • Dealer: includes "auction" as defined in this section or any person or entity not expressly excluded by this chapter who sells three or more vehicles within a calendar year, or who is engaged in the business of selling, soliciting, offering, or attempting to negotiate sales, purchases, or exchanges of motor vehicles or any interest therein, including options to purchase motor vehicles. See Hawaii Revised Statutes 437-1.1
  • Distributor: means any person, resident, or nonresident, including a manufacturer, who in whole or in part imports, offers for sale, sells, or distributes new motor vehicles to dealers. See Hawaii Revised Statutes 437-1.1
  • franchise agreement: means any contract or agreement between a dealer and a manufacturer or distributor that authorizes the dealer to engage in the business of selling or purchasing any particular make or makes of new motor vehicles or motor vehicle parts manufactured or distributed by the manufacturer or distributor, or that establishes rights or obligations, or both, relating to the dealer's new motor vehicle operation, including agreements relating to dealership facilities or site control. See Hawaii Revised Statutes 437-1.1
  • Impact speed: means the maximum speed of impact tested upon the bumper of the vehicle pursuant to sections 581. See Hawaii Revised Statutes 437-1.1
  • licensed premises: means the premises in connection with which a license has been, or is proposed to be, issued, including branch locations. See Hawaii Revised Statutes 437-1.1
  • Manufacturer: means any person, resident or nonresident, who is engaged in the business of manufacturing or assembling new motor vehicles. See Hawaii Revised Statutes 437-1.1
  • Member: means an individual who is covered by a mutual benefit society. See Hawaii Revised Statutes 432:1-406
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 54-15
  • Motor vehicle: includes any vehicle, motor vehicle, or truck, as defined in sections 249-1 and 249-2, except for tractors, trailers, and amphibious vehicles. See Hawaii Revised Statutes 437-1.1
  • New motor vehicle: means a motor vehicle which (1) has not previously been sold to any person except a distributor, wholesaler, or dealer for resale, except where the vehicle has not left the dealer's possession after the sale to a consumer, (2) has not previously been registered or titled in the name of a consumer except where the vehicle has not left the dealer's possession after the sale to a consumer, and (3) has not been driven more than five hundred miles; provided that where a sale, registration, entitlement, or transfer of title of a motor vehicle, or the accrual of mileage thereon, is primarily for the purpose of evading this provision, the motor vehicle shall be deemed a new motor vehicle for the purposes of this chapter. See Hawaii Revised Statutes 437-1.1
  • New motor vehicle dealer: means a dealer who engages in the business of selling, at wholesale or retail, new motor vehicles or new and used motor vehicles. See Hawaii Revised Statutes 437-1.1
  • No damage: means that, when a passenger vehicle is subjected to impact testing conducted pursuant to the conditions and test procedures of sections 581. See Hawaii Revised Statutes 437-1.1
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 54-16
  • Relevant market area: means the following:

         (1)  In a county with a population of less than five hundred thousand persons according to the most recent data of the United States Census Bureau or the data of the department of business, economic development, and tourism, the relevant market area shall be the county in which the dealer is located; or

         (2)  In a county with a population of more than five hundred thousand persons according to the most recent data of the United States Census Bureau or the data of the department of business, economic development, and tourism, the relevant market area shall be within a radius of six miles from the dealership location. See Hawaii Revised Statutes 437-1.1

  • Salesperson: means any person who for gain or compensation of any kind, directly or indirectly, by any form of agreement or arrangement, sells, solicits, offers for sale, exchanges, or otherwise deals in, motor vehicles or any interest therein on behalf of any motor vehicle dealer. See Hawaii Revised Statutes 437-1.1
  • Society: means mutual benefit society. See Hawaii Revised Statutes 432:1-406
  • State: includes any state, territory, or possession, of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. See Hawaii Revised Statutes 437-56
  • Summons: includes a subpoena ad testificandum and subpoena duces tecum, order, or other notice requiring the appearance of a witness. See Hawaii Revised Statutes 437-56
  • telecommunications: means the offering of transmission between or among points specified by a user, of information of the user's choosing, including voice, data, image, graphics, and video without change in the form or content of the information, as sent and received, by means of electromagnetic transmission, or other similarly capable means of transmission, with or without benefit of any closed transmission medium, and does not include cable service as defined in section 440G-3. See Hawaii Revised Statutes 431:19-208
  • Treasurer: means the director of finance of each county. See Hawaii Revised Statutes 437-1.1
  • Used motor vehicle: means a motor vehicle other than a new motor vehicle. See Hawaii Revised Statutes 437-1.1
  • Used motor vehicle dealer: means a dealer who engages in the business of selling at wholesale or retail, or both, only used motor vehicles. See Hawaii Revised Statutes 437-1.1
  • Witness: includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Hawaii Revised Statutes 437-56