Panel advances bill allowing DOT/police to impound long-unregistered vehicles after AG raises due-process concerns

The House Committee on Transportation on Feb. 17 passed HB 2027, an omnibus transportation bill that, among other things, would authorize DOT and county police departments to impound vehicles with registrations expired three years or more and dispose of vehicles whose registrations have been expired five years or more under specified conditions.

Deputy Attorney General Michael Moria testified with caution, telling the committee the bill raised constitutional and procedural issues with impoundment and seizure. Moria recommended eliminating an unnecessary distinction between ‘‘empowering’’ vehicles and ‘‘seizure’’ in the draft and instead adopting impoundment and towing procedures already established in Hawaii Revised Statutes, including HRS 290-11 and related subsections. He said those statutes provide processes for notice, towing/stowage charges, recovery by owners and disposition of unclaimed vehicles, which help address due-process concerns. “Impounding and the subsequent towing of vehicles done pursuant to HRS 290-11 addresses the constitutional issues of adequate and proper notice, due process, and the government taking private property,” Moria said.

Committee members thanked the Attorney General’s office for suggested paths forward and incorporated recommended edits into the committee action. The bill also would expand authority to impound vehicles driving on the shoulder in non-exempt circumstances, create reporting requirements to the legislature and increase certain fines; committee discussion included requests for DOT to provide data and clarification on current enforcement authority and data collection.

What’s next: HB 2027 passed with amendments incorporating AG recommendations. The committee requested follow-up data from DOT on enforcement processes and the current universe of expired registrations.