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Kokua Line

By June Watanabe

Tuesday, February 12, 2002


Tow companies allowed
to collect unhooking fee

Question: I would like to know the policies and procedures of towing companies. If your car has been "hooked up" but not yet towed, is the owner of the vehicle required to pay a fee to unhook this vehicle? Does the tow truck driver have the discretion to impose this fee, or is it a requirement? Is this fee a fixed rate, or is this also left to the discretion of the tow truck driver?

Answer: State law sets towing fees, whether for companies who have a county contract to tow vehicles off public streets or those towing vehicles off private property.

In July, towing fees were increased by $5, while the mileage fee was increased to $6.50 from $5.

Under Hawaii Revised Statutes 290-11, it says, "If the vehicle is in the process of being hooked up to the tow truck and the owner appears on the scene before the vehicle has been moved by the tow truck, the towing company shall be entitled to an unhooking fee of not more than $50."

If the owner is unwilling or unable to pay the unhooking fee, the vehicle may be towed.

The law says towing companies are "entitled" to the maximum fees set, which would appear to leave room for discretion if a company wanted to charge a lower fee for some reason.

But Brian Kunishige, president of Oahu Auto Service, said he doesn't know of anyone who would not collect the maximum unhooking fee.

His company is among those with a city contract to tow cars off public streets. But in addition to responding to police calls, he responds to calls about trespassing on private property, including shopping centers, apartment buildings and private businesses.

"We need to collect the (unhooking) fee to cover traveling time and the cost of payroll and equipment," Kunishige said. But $50 is not even enough to cover costs, he said. The cost of operations "has gone up; it's been climbing."

Meanwhile, state law also says tow companies cannot charge more than $55 for a tow, or $65 for a tow using a dolly, plus a mileage charge of $6.50 per mile towed and $15 per day or fraction thereof for storage for the first seven days and $10 a day thereafter.

On top of that, if the tow occurs between 6 p.m. and 6 a.m. Monday through Thursday, or from 6 p.m. Friday to 6 a.m. Monday, the towing company "shall be entitled" to an overtime charge of $15.

Mahalo

I was at Longs Manoa recently looking for a bunch of stuff including fishing line. I couldn't find the fishing stuff, so I asked a guy stocking shelves. He (Floyd) was happy to help, took me over to where the fishing stuff was, but no line. He asked me what kind I needed, when and how much. I said I needed 30 or 40 test, but only a little bit, like two yards, for a pottery class. Before I even get to when, he says, "Come by tomorrow, I'll leave it at customer service for you. I'm a fisherman, and I have tons of line at home." I thought that was really nice of him. It might have cost Longs the $2 or whatever it would have been for a tiny spool of fishing line, but it sure has won them a happy customer. -- Steph





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