Hawaii Private Property Towing — HRS §290-11 Compliance Defense
Hawaii has unusually strict private-property towing requirements. Under HRS §290-11, private property tows require: (1) signage at every entrance and at least every 100 feet of frontage, (2) signs must state tow company name, 24-hour phone, rates, and that vehicles will be towed at owner's expense, (3) signs must be posted continuously for at least 24 hours before any tow. Tows that fail any element are unlawful. Hawaii also caps non-consent tow charges (Maui PUC Tariff and county ordinances). Statutory damages available.
Legal basis
HRS §290-11 (private property towing); HRS §286-204 (towing standards); HRS §480-2 (unfair practices); Honolulu ROH Chapter 15-13
Sample appeal wording
[TOWING_COMPANY]\nCC: Hawaii Office of Consumer Protection (DCCA)\n\nRe: Demand for Refund — Unlawful Tow under HRS §290-11\nDate: [DATE]\n\nDear Sir/Madam,\n\nOn [DATE] at [TIME], you towed my vehicle (plate [PLATE]) from [LOCATION]. The tow violated HRS §290-11 in the following respects:\n\n[Choose all applicable]\n☐ No signage was posted at the entrance to the property\n☐ Signage failed to state your company name and 24-hour phone number\n☐ Signage failed to state tow rates\n☐ Signage was spaced more than 100 feet apart along frontage\n☐ Signage was not posted for the required 24 hours before the tow\n☐ Tow charges exceeded county-allowed non-consent rates\n\nUnder HRS §290-11(g), failure to comply renders the tow unlawful and creates a private right of action. Under HRS §480-2 (Unfair Practices Act) and HRS §480-13, I am entitled to recover treble damages and attorney fees for any deceptive or unfair practice.\n\nDemand: Full refund of $[AMOUNT] within 14 days. Failure to comply will result in:\n1. Civil suit in District Court (Honolulu / Maui / Hawaii / Kauai)\n2. Complaint to Hawaii Office of Consumer Protection (cca.hawaii.gov)\n3. Complaint to Honolulu Department of Customer Services (if applicable)\n4. Better Business Bureau report\n\n[NAME]\n[CERTIFIED MAIL #]\n[PHONE / EMAIL]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- HRS §290-11
- HRS §480-2, §480-13
- Honolulu ROH Chapter 15-13
- Hawaii Office of Consumer Protection: cca.hawaii.gov/ocp