Kokua Line
Kokua Line
Voluntary tows
not covered by
state towing fee capsMotorists, be warned.
Although there is a state law (Hawaii Revised Statutes 290-11) that sets maximum towing and car storage fees, that law only covers involuntary tows -- vehicles removed from public streets by order of police or off private property.
After a Kokua Line item on Feb. 12 explaining those fees, Mike Kitagawa, owner of Kitagawa Chevron Towing on Maui, called to say people also should know that there is no law setting maximum fees for "consensual" or voluntary towing and the attendant storage fees.
That's significant to him, because he says he mainly does consensual tows, often involving stolen vehicles, but is now involved in a dispute over whether he should have charged fees tied to nonconsensual towing.
Jo Ann Uchida, complaints officer for the state Regulated Industries and Complaints Office, confirmed that voluntary tows are "not regulated. Essentially, you hire a person and you can shop around (for the best rates), so there is no need to regulate consensual tows."
HRS 290-11 sets towing and storage fees for involuntary tows, as from private property where there are signs warning of possible tows, or police-authorized tows, she said.
However, there are no fee guidelines for consensual tows.
"If it's a voluntary tow, you definitely need to check how much they are going to charge you (up front)," Uchida said.
But she also noted, "Although two people can contract and come to an agreement over the amount that can be towed, there are legal issues if the amount of the tow is so outrageous there is no real justification for the amount being charged."
Meanwhile, complicating the issue of tow fees is when it may not be clear-cut whether a tow was consensual or ordered by police, said Stephen Levins, acting director of the state Office of Consumer Protection.
"You have to look at the facts to determine whether it is (consensual) or not," he said. His office investigates complaints about towing fees. Call 587-3222.
"Obviously, if your car stalls out on the side of the road and you call a tow truck operator, that's a non-police tow," he said. But if it's involved in an accident and may be blocking traffic and a police officer says "'you've got to move your car,' that means it could be a police (authorized) tow."
Brian Kunishige, of Oahu Auto Service, which has one of the City and County of Honolulu's towing contracts, said it's a matter of tow operators being able to charge enough to cover their expenses.
On Oahu, even though operators like him are bound by state-set fees for non-consensual tows on public property, he says he can make up for it in volume. (He says he also does consensual tows, such as a customer involved in an accident in Waipahu requesting a tow to his Waimanalo facility. "That becomes a private tow (and) we don't follow statutes at that time.")
On the neighbor islands, however, none of the counties has a contract with private tow companies to tow vehicles from public property because the volume is not considered significant.
Unless it is a clear-cut case of involuntary towing, such as a trespassing, neighbor island companies, "as far as I know, they've been charging according to what they need to charge to stay in business," Kunishige said. "In order for them to stay alive, they need to make a little bit more per tow in order to cover costs."
Although "there has been some concern raised by industry members and some regulatory agencies have looked at it," there is no bill before the current state Legislature to regulate the rates for voluntary tows, Uchida said.
However, Kunishige said that, on the mainland, where counties have tried to set prices on consensual tows, tow associations "have taken it to court and won." Essentially, the operators are allowed "to charge accordingly to cover costs and make a reasonable profit," he said.
Meanwhile, tow companies again are lobbying legislators to increase storage fees from $15 a day for the first seven days to $25 a day, and from $10 a day thereafter to $20 a day for non-consensual tows.
Kunishige says with land costs going up and with so much square footage needed for storage, plus increasing insurance costs, "$15 is not enough." Consequently, for consensual tows, the storage fees also are higher than that set by law.
Mahalo
Belatedly to Wes, of Wes's Keolu Shell Station in Kailua, who really helped me out late one night. I thought I locked my keys in my car, and it was too late to get a rental car or find a tow truck so I called the local gas station. They told me to call Wes, who came out, even though he was closing for the night. It was a tough job but he helped me get into my car. But when we got into the car, the keys weren't there! I started to panic. I was an hour from home and it was 11:30 at night. But Wes offered to drive me home all the way to the other side of the island! He also only charged me a minimal fee even though he could have charged me more because it was not a standard job for him at all. After all that, I found my keys on the bathroom counter. -- Sandy Z.
Auwe
To the driver of the white van owned by a painting company, who was driving recklessly about 5 p.m. Tuesday, Feb. 19, in the University area. You cut in front of a lot of drivers and could have caused an accident. Your driving reflects on the company. -- No Name
Got a question or complaint?
Call 529-4773, fax 529-4750, or write to Kokua Line,
Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu 96813. As many as possible will be answered.
Email to kokualine@starbulletin.com