Question: Who has the legal right to authorize a car to be towed from a city street marked with a tow-away sign? How large should the sign be? Sec. 15-13.9 of the Revised Ordinances of Honolulu authorizes police or employees of the Department of Customer Services to tow cars from tow zones.
Can a tow company tow a car without that authorization? When my friend picked up her towed car, the company said there wasn’t any citation. The car was towed from the street with a small tow-away sign that few people see or (many) apparently ignore. The car was found by calling the police, who gave the tow company’s address. The company was not Leeward Auto Wreckers, which has the city’s towing contract.
Answer: The additional information you provided was telling, namely that the car was parked on a street near Ala Moana Center.
Several streets around Ala Moana Center, including Kona Street, are private, and cars don’t have to be cited by police to be towed. However, signs should say where the vehicle will be taken.
If the vehicle was towed because of a police-directed violation, it should have been cited, Leeward Auto Wreckers notified, then towed to the closest storage yard, said Dennis Kamimura, administrator of the city Motor Vehicle and Licensing Division.
Section 290-11 of the Hawaii Revised Statutes says any vehicle left unattended on private or public property without authorization of the owner or occupant may be towed “by order of the owner, occupant or person in charge of the property.”
The caveat is that there has to be a notice posted to that effect. The sign should say that the vehicle will be towed and held at the owner’s expense, giving the name, address and telephone number of the facility where the vehicle will be taken.
The law also says the sign has to be of a size and in a location “that is clearly visible to the driver of a vehicle approaching any individual marked or unmarked parking space” or at the entrance of a parking lot.
Question: I drive an electric vehicle. Almost every time I visit the Kailua Longs, which has two “EV only” parking spots alongside an EV charger in the parking garage, at least one spot is occupied by a nonelectric vehicle. It is almost impossible for me to charge my car in these spots. Is there any enforcement of EV-only parking spots?
Answer: The Honolulu Police Department won’t begin citing people who park nonelectric vehicles in spaces reserved for electric vehicles until July 1.
As we reported in January (is.gd/ps90Vr), Section 291-72 of the Hawaii Revised Statutes says that beginning Jan. 1, 2012, anyone parked illegally in a space marked for electric vehicles “shall receive a warning.”
Beginning July 1, 2013, people doing so would be guilty of a “traffic infraction” and face fines of $50 to $100, plus court costs.
MAHALO
To Mark Takaki of Waianae. During a visit in May, I lost my wallet and handbag at the Aloha Stadium Swap Meet. I assumed they were stolen. Five months later I received a handwritten letter from Mark.
My immediate reaction was happiness followed by concern that this was a scam. I finally called Mark, who explained that his daughter, Piper, had found my bag at the swap meet and was very concerned about finding the owner. Mark and Piper tried to locate me from information in the bag. That proved difficult since my address on my driver’s license was outdated. Every effort led to a dead end until, five months later, Mark found a possible address and sent me the letter. I thanked Mark but was still skeptical. Six days later I received a package with my wallet, handbag and all the contents, including driver’s license, credit cards and $312 cash. I am forever grateful for the kindness of a complete stranger. Not because I wanted the things back, but because someone chose to do the right thing.
Thank you, Mark, especially for being a role model for your daughter. — Denise Loo, San Ramon, Calif.
