Hawaii Revised Statutes 437. Motor Vehicle Industry Licensing Act

PART I. GENERAL PROVISIONS

• 437-1 Legislative Findings and Declaration.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-1 Legislative findings and declaration. The legislature finds that: (1) The...
• 437-1.1 Definitions.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-1.1 Definitions. As used in this chapter: "Attachment hardware" means the...
• 437-2 Licenses.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-2 Licenses. (a) No person shall engage in the business as...
• 437-2.5 Repealed.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-2.5 REPEALED. L 1996, c 264, §15.
• 437-3 Prohibited Acts for Dealer or Auction.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-3 Prohibited acts for dealer or auction. No dealer or auction...
• 437-3.5 Renumbered As §490:2-313.1 by L 1985, C 161, §1; Repealed by L 1992, C 314, §2. Cross References Motor Vehicle Express Warranty Enforcement (Lemon Law), See Chapter 481i.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-3.5 Renumbered as §490:2-313.1 by L 1985, c 161, §1; repealed...
• 437-3.6 Waivers Void.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. [§437-3.6] Waivers void. Any condition, stipulation, or provision in a franchise...
• 437-4 Advertising.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-4 Advertising. (a) Motor vehicle, availability of. No new or used...
• 437-4.5 Vehicle Bumper Impact Notice.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. [§437-4.5] Vehicle bumper impact notice. (a) Every manufacturer or distributor of...
• 437-5 Board.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-5 Board. A motor vehicle industry licensing board is created and...
• 437-6 Powers and Duties of the Board.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-6 Powers and duties of the board. In addition to any...
• 437-7 Application for Issuance or Renewal of License.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-7 Application for issuance or renewal of license. (a) Any person...
• 437-8 Repealed.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-8 REPEALED. L 1992, c 202, §183.
• 437-9 and 437-10 Repealed.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §§437-9 and 437-10 REPEALED. L 1969, c 263, §1(9).
• 437-11 Additional Requirements for Dealer's and Auction's License.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-11 Additional requirements for dealer's and auction's license. (a) Requirements to...
• 437-12 Legal Ownership Certificates.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-12 Legal ownership certificates. (a) Possession of or right to possess...
• 437-13 Disclosure of Dealer.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-13 Disclosure of dealer. Where a person licensed according to this...
• 437-14 Delivery of Contract Required.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-14 Delivery of contract required. In the event any person licensed...
• 437-15 Principals Held Responsible.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-15 Principals held responsible. Every holder of a license issued under...
• 437-16 Records to Be Kept.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-16 Records to be kept. Every motor vehicle dealer shall keep...
• 437-17 Repealed.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-17 REPEALED. L 1992, c 153, §7.
• 437-18 Bond of Broker.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-18 Bond of broker. (a) Each broker receiving a license shall...
• 437-19 and 437-20 Repealed.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §§437-19 and 437-20 REPEALED. L 1969, c 263, §1(9).
• 437-21 Repealed.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-21 REPEALED. L 1989, c 299, §1.
• 437-21.1 Bonds of Auctions.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-21.1 Bonds of auctions. The bond of an auction shall be...
• 437-22 Repealed.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-22 REPEALED. L 1992, c 202, §184.
• 437-23 Term of License.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-23 Term of license. (a) Expiration. All licenses issued pursuant to...
• 437-24 Licenses Terminate, When.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-24 Licenses terminate, when. (a) Any license issued pursuant to this...
• 437-25 Amended Licenses.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-25 Amended licenses. (a) Prior to entering the employ of a...
• 437-26 License Not Transferable; Other Requirements.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-26 License not transferable; other requirements. (a) Nontransferable. No license issued...
• 437-27 Change of Status, Notice.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-27 Change of status, notice. If the status of any licensee...
• 437-27.5 Requirements to Maintain License.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-27.5 Requirements to maintain license. A broker shall have and maintain...
• 437-28 Suspension; Revocation; Fine; Denial of Issuance or Renewal of a License.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-28 Suspension; revocation; fine; denial of issuance or renewal of a...
• 437-28.5 Procedures, Protections, Rights, and Remedies Made Available to Licensees.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-28.5 Procedures, protections, rights, and remedies made available to licensees. (a)...
• 437-29 Discretionary Powers of Board.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-29 Discretionary powers of board. (a) Where any applicant for a...
• 437-30 and 437-31 Repealed.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §§437-30 and 437-31 REPEALED. L 1992, c 202, §§185, 186.
• 437-31.5 New or Used Motor Vehicle Sales and Lease Contracts.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. [§437-31.5] New or used motor vehicle sales and lease contracts. Regardless...
• 437-32 Credit Sale Contracts; Agreements Concerning, Unlawful.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-32 Credit sale contracts; agreements concerning, unlawful. No person who is...
• 437-33 Coercion by Manufacturer or Distributor Unlawful.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-33 Coercion by manufacturer or distributor unlawful. No person, being a...
• 437-34 Credit Sale Contracts, When Purchase of Unlawful.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-34 Credit sale contracts, when purchase of unlawful. No person engaged...
• 437-35 Penalty.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-35 Penalty. Any person who violates any provision of this chapter...
• 437-35.5 Misdemeanor.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-35.5 Misdemeanor. Any person who is convicted of violating any provision...
• 437-36 Injunction; Damages.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-36 Injunction; damages. The motor vehicle industry licensing board or any...
• 437-37 Credit Sale Contract Violations; Penalty.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-37 Credit sale contract violations; penalty. Whoever violates any of the...
• 437-37.5 Cumulative Penalties.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. [§437-37.5] Cumulative penalties. Unless otherwise expressly provided, the remedies or penalties...
• 437-38 Repealed.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-38 REPEALED. L 1973, c 129, §1(i).
• 437-39 Enforcement.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-39 Enforcement. When necessary, the board may enforce this chapter, including...
• 437-40 Information in Applications, Confidential; Penalty for Divulging.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-40 Information in applications, confidential; penalty for divulging. The applications for...
• 437-41 Liberal Interpretation.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-41 Liberal interpretation. All provisions in this chapter shall be liberally...
• 437-42 Sections 445-171 and 445-172 Not to Apply.
  Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1. §437-42 Sections 445-171 and 445-172 not to apply. Sections 445-171 and...

Part II. Manufacturer, distributor, and dealer disputes

• 437-51 Dispute Resolution.
  (a) In any dispute among a manufacturer, distributor, or dealer on matters governed by this part, the manufacturer, distributor, or dealer may seek a...
• 437-52 Reciprocal Rights and Obligations Among Dealers, Manufacturers, and Distributors of Motor Vehicles.
  A manufacturer or distributor shall not: (1) Require any dealer in the State to enter into any agreement with the manufacturer or distributor or...
• 437-53 Sale, Assignment, or Transfer of Franchise to Qualified Purchaser.
  (a) A manufacturer or distributor shall not unreasonably withhold consent to the sale, assignment, or transfer of the franchise to a qualified purchaser capable of...
• 437-54 Transfer of Franchise to Successor Who is Not a Qualified Purchaser.
  (a) A manufacturer or distributor shall not refuse or fail to give effect, unless it has good cause, to the dealer's designated successor, whether designated...
• 437-55 Establishment or Relocation of Franchise Within Relevant Market Area.
  (a) When a manufacturer or distributor establishes or relocates a franchise within the relevant market area of an existing dealer with a franchise for...
• 437-56 Reimbursement for Parts.
  (a) In no event shall any manufacturer or distributor pay its dealers a markup on parts for warranty work that is less than that charged...
• 437-57 Warranty and Incentive Audits.
  (a) No manufacturer or distributor shall conduct a warranty or incentive audit on previously paid claims or chargeback any warranty or incentive payment previously made...
• 437-58 Cancellation or Failure to Renew Franchise Agreement.
  (a) A manufacturer or distributor shall give written notice to the dealer and the board of the manufacturer's intent to terminate, discontinue, cancel, or fail...

Last modified: October 27, 2016