§286-44 Unlawful to possess certain motor vehicles, parts, etc.; forfeiture.

556 words·~3 min read·/hi/chapter-286/286-44

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It shall be unlawful for any person to possess a motor vehicle, a motor block, or any part thereof, knowing that the motor number, serial number, or manufacturer's number, placed on the same by the manufacturer for the purpose of identification, has been changed, altered, erased, or mutilated, for the purpose of changing the identity of the motor vehicle, motor, motor block, or any part thereof. All such motor vehicles, motor blocks, or parts from which the manufacturer's identification number has been removed, defaced, or altered shall be forfeited to the county where found and if not identified may be sold at public auction or destroyed. If identified, all persons having an interest in the motor vehicle, motor block, or part shall be notified, there shall be assigned a new registration number, and the motor vehicle, motor block, or part shall be returned to the owner entitled to possession.

(b)The chief of police of each county or officers of the county police who are permanently assigned to conduct vehicle theft investigations may immediately inspect, during normal business hours or whenever the dealer or dealer's agents or employees are otherwise present, any records required by chapter 286, 289, or 445 and any articles described in such records that the police reasonably believe are stolen goods, limited to the purpose of establishing rightful title or registration of vehicles or identifiable vehicle components in order to determine rightful ownership or possession, on the premises of:

(1)Any motor vehicle repair dealer required to be licensed under chapter 437B; or

(2)Any person licensed pursuant to sections 289-2 and 289-3 to engage in the business of purchasing or selling used motor vehicle parts or accessories, or wrecking, salvaging, or dismantling motor vehicles for the purpose of reselling the parts or accessories thereof.

As used in this section, "identifiable vehicle component" means any component of a motor vehicle, including motor block or part that can be distinguished from other similar components by a serial number or other unique distinguishing number, sign, or symbol. Whenever possible, inspections conducted pursuant to this subsection shall be conducted at a time and in a manner so as to minimize any interference with, or delay of, business operations. [L 1965, c 5, pt of §1b; Supp, §160-4.2; HRS §286-44; am L 1972, c 69, §1; am L 1998, c 98, §1; am L 2000, c 35, §1]

Case Notes

Trial court did not err in finding that trucks were contraband where there was substantial evidence to support court's finding that the VINs of the two trucks had been "changed, altered, erased, or mutilated, for the purpose of changing the identity of the motor vehicle", and defendant's possession of not one, but two trucks with altered VINs, when considered with defendant's bargain-basement purchases of two other trucks from which elements of identity were taken for the two other trucks, gave substantial support for the inference that defendant knew of the alterations and their purpose. 101 H. 422 (App.), 70 P.3d 648 (2003).

Where trial court failed to fulfill its statutory mandate under subsection

(a)that truck "be returned to the owner entitled to possession" by failing to determine whether truck was contraband under this section, judgment vacated. 101 H. 422 (App.), 70 P.3d 648 (2003).