Police duties and vehicle towing for traffic violations

(a) It shall be the duty of the officers of the police department and such officers as are assigned by the chief of police to enforce all street traffic laws of this County and all of the State vehicle laws applicable to street traffic in this County. (b) Any police officer citing or arresting any driver for the following traffic violations may have the motor vehicle towed to a private tow yard at the registered owner’s expense pursuant to Hawai‘i Revised Statutes (“HRS”) 291C-165.5(a): (1) Driving without a license pursuant to HRS 286-102; (2) Driving while license is suspended or revoked pursuant to HRS 286-132; (3) Operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-61; (4) Habitually operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-61.5; VEHICLES AND TRAFFIC § 24-12 (5) Operating a vehicle after license and privilege has been suspended or revoked for operating a vehicle under the influence of an intoxicant pursuant to HRS 291E-62; (6) Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one pursuant to HRS 291E-64; or (7) Fraudulent use plates, tags, or emblems pursuant to HRS 249-11. (c) Pursuant to HRS section 291C-165.5(b), tow companies shall give notice to the registered owners and lien holders for vehicles towed under this section. (d) Pursuant to HRS section 291C-165.5(b), any motor vehicle not recovered within thirty days of the notice being mailed for any violation of section (b) above, shall be deemed abandoned and may be sold or disposed of as junk. (e) Community caretaking considerations: Vehicles are not to be towed and/or impounded under the authority of this section under any of the following circumstances: (1) The vehicle is parked on private property on which the registered owner or operator is legally residing, or the property owner does not object to the vehicle being left in the parked location; (2) The registered owner and/or a passenger present in the vehicle at the time of the stop has a valid driver’s license and are willing and legally able to drive the vehicle at the time after the stop; or (3) The vehicle is legally parked at a time and place where the likelihood of it being subject to theft and/or vandalism is remote and traffic or public safety is not impeded. (f) The police department is not responsible to protect any vehicle left on any road or property after the driver has been arrested for a violation as provided in subsection (b).