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     §286-48  Certificates of ownership of salvaged motor vehicles


Published: 2015

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     §286-48  Certificates of ownership of

salvaged motor vehicles.  (a)  Whenever a motor vehicle subject to

registration under this part is sold as salvage or conveyed to an insurance

company, in the ordinary course of business or as the result of a total loss

insurance settlement where the insurance company receives the certificates of

registration and ownership, the purchaser or, if an insurance company its

authorized agent, shall within ten days from the purchase, or the settlement of

the insurance loss, forward the motor vehicle's endorsed certificate of

ownership or other evidence of title, certificate of registration, license

plates, and an application for a salvage certificate as provided for in section

286-44.5, to the director of finance.  If the certificate of registration or

one or both license plates are lost, an affidavit, duly notarized and signed by

the party responsible for the compliance of this section stating that the party

has no knowledge of the location of the certificate of registration or the

license plates, shall be filed with the director of finance of the county

having jurisdiction over the vehicle.  In any event the certificate of

ownership or other evidence of title shall be forwarded to the director of

finance.

     (b)  Upon receipt of the certificate of

ownership, certificate of registration, license plates, and application for a

salvage certificate, the director of finance shall issue a salvage certificate

in the name of the purchaser or insurance company.

     (c)  Upon resale of the salvage vehicle, the

seller or, if the seller is an insurance company, its authorized agent shall

transfer the salvage certificate and issue a bill of sale to the purchaser

which shall be on a form prescribed by the director of finance.  The seller

shall notify the purchaser, in writing, of the requirements of this chapter

regarding the recertification of salvage vehicles.  The seller shall sell the

salvage vehicle only to a person licensed pursuant to chapter 437B, sections

289-4, or 445-232, or any person who executes an affidavit which states whether

or not the salvage vehicle would be used to construct a rebuilt vehicle as

defined in section 286-2 and that if the salvage vehicle is to be rebuilt, the

purchaser will register the rebuilt vehicle as required by this chapter.

     (d)  In the event the salvage vehicle is

rebuilt so as to be capable of again operating on the highways of this State,

the motor vehicle shall not be licensed for such operation, nor shall the

ownership thereof be transferred until there is submitted to the director of

finance:

     (1)  The prescribed bill of sale;

     (2)  An appropriate application for registration of

the rebuilt or restored motor vehicle along with the salvage certificate and a

certificate of inspection signed by the registered or certified motor vehicle

repair dealer who is bonded as required by section 437B-26, and who rebuilt the

vehicle, attesting that the original recognized vehicle manufacturer's

established repair procedures or specifications and allowable tolerances for the

particular model and year were utilized and adhered to; and

     (3)  Any other document and fee required by the

director of finance.

The counties may, by ordinance, establish the fee to

be charged for the inspection of rebuilt motor vehicles.

     (e)  Whenever a certificate of registration and

certificate of ownership is issued for a motor vehicle with respect to which a

salvage certificate has been previously issued, the new certificates shall

conform to the requirements of section 286-47 and:

     (1)  Bear the words "Rebuilt Vehicle"; and

     (2)  Appear in such a manner as to distinguish them

from the certificate of registration and certificate of ownership for motor

vehicles other than rebuilt or restored motor vehicles.

     (f)  In the event a total loss insurance settlement

between an insurance company and its insured or a claimant for property damage

caused by its insured results in the retention of the salvage vehicle by the

insured or claimant, as the case may be, then in such event, the insurance

company or its authorized agent shall notify, within ten days from the date of

settlement, the director of finance of such retention by its insured or

claimant, as the case may be, and shall notify its insured, or claimant as the

case may be, in writing, of the requirements of this chapter regarding the

recertification of salvage vehicles.  The notification shall be on a form

prescribed by the director of finance. [L 1967, c 178, §2; HRS §286-48; am L

1969, c 194, §1; am L 1984, c 276, §7; gen ch 1985; am L 1986, c 74, §2; am L

1987, c 51, §1; am L 1988, c 315, §1]