Hawaii Revised Statutes 431:10c-115 Drivers Education Fund Underwriters Fee.

Cross References

Applicability of article to captive insurers, see §431:19-115.5.

Law Journals and Reviews

Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55.

Case Notes

Rent-a-car company's rental agreement provision, which attempted to shift primary responsibility for providing minimum insurance coverage to the renter's personal insurance policy, violated the public policy enumerated in this chapter. 88 H. 274, 965 P.2d 1274.

The owner of a vehicle has the primary obligation to provide minimum coverage for the owned vehicle and this obligation may not be avoided through a unilateral contract with a permissive user of the vehicle. 88 H. 274, 965 P.2d 1274.

When a defendant is charged with a violation of this article, §805-13 is the proper procedural statute for the district court, enforcement officers, and the prosecutor's office to follow. 86 H. 331 (App.), 949 P.2d 171.

As §1-1 does not establish the supremacy of the 1840 Constitution over the current state constitution, or somehow render the documents concurrent, whether chapter 431 violated the 1840 Constitution was immaterial for purposes of defendant's conviction. 90 H. 130 (App.), 976 P.2d 444.

§431:10C-115 Drivers education fund underwriters fee. (a) The commissioner shall assess and levy upon each insurer, and self-insurer, a drivers education fund underwriters fee of $3 a year on each motor vehicle insured by each insurer or self-insurer. This fee is due and payable on an annual basis by means and at a time to be determined by the commissioner.

(b) The commissioner shall deposit the fees into a special drivers education fund account.

(c) The commissioner shall allocate the fees deposited for each fiscal year in the following manner:

(1) $1 per registration to the commissioner to be expended for the operation of the drivers education program provided in section 286-128(d); and

(2) $2 per registration to the director of commerce and consumer affairs for:

(A) The drivers education program administered by the department of education for high school students; and

(B) The traffic safety education program established and administered by the department of education pursuant to section 302A-417.

(d) Motor vehicles insured under the joint underwriting plan shall be excluded from the drivers education fund assessment.

(e) The commissioner shall adopt rules in accordance with chapter 91 for the execution of this section and the distribution of this fund. [L 1987, c 347, pt of §2; am L 1989, c 208, §3; am L 1992, c 254, §3; am L 1993, c 280, §27; am L 1995, c 204, §2; am L 1996, c 89, §15 and c 243, §1; am L 1997, c 368, §6; am L 2000, c 24, §7; am L 2002, c 242, §1]

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Last modified: October 27, 2016