My Little Letter Writing Campaigns About Predatory Towing

Flickr.com Photo by Russell, A Victim Of
Predatory Towing In Hawaii

Hawaii's newspaper published my letter to the editor! (click here) SO COOL! Sometimes, truthfully, I don't even go back to check and find out if all the letters I'm firing off are getting published.

In regard to Hawaii: my father was at the attack on Pearl Harbor, and the "island paradise" is a place I've always wanted to visit. I would like to sit under a palm tree and read "From Here To Eternity."

But, hey, I wouldn't want to get my rental car towed, and have somebody at the impound lot turn me upside down and shake the coinage out of my pockets. I wouldn't want to take that long, dreary walk out to "Sand Island" where Edge Towing has set up shop, apparently to maximize its allowable mileage revenue, according to more than one witness.

I'm convinced predatory towing has taken root in Hawaii, based on things I'm turning up in my blog research. BEWARE if you plan to vacation in Hawaii.

(Do not click "Read More")

Predatory Towing And Non-Consensual Tire Baldness On The Island Paradise Of Hawaii

Flickr.com photo, above, and another one below

Here's yet another example of a predatory towing horror story to hit the Flickr.com website, where participants post their personal photos...

A guy named Russell not only got taken to the cleaners by Edge Towing in the same manner as another poster on this blog, click here, but Russell says the "shmoe" towing the vehicle dragged it in such a way to damage the tire, seen above.

Hawaii depends heavily on tourism revenue for its economy, and people who have predatory towing experiences frequently vow to NEVER COME BACK to tourist spots where they endured such victimization. How has Hawaii allowed Edge Towing to begin damaging the reputation of the state as a fun tourist spot?

Towing Laws In The State Of Hawaii

Flickr.com Photo

With a little more digging, I was able to turn up the particular non-consent towing law in Hawaii, which is HRS 290-11, click here for a link.

The law has some major strengths and some fatal weaknesses...

...and, in my opinion, here they are:

STRENGTH: Caps charges at $65 for a tow, $75 with a dolly, plus caps mileage and storage fees.

WEAKNESS: The law doesn't account for a situation where a towing company sets up shop on distant "Sand Island," possibly for the purpose of maximizing mileage fees. There needs to be a "mileage cap."

STRENGTH: Mandatory free drop after hooking if vehicle owner arrives on the scene. No doubt the law's biggest strength, and a model for other states, cities and counties to follow. (It does have an exception for hookups in an above or below ground, multilevel facility, which is still only a $30 drop fee)

WEAKNESS: No penalty outlined for violating this section of the law.

STRENGTH: Fifteen days after being towed, the legal owner and registered owner shall be notified in writing by registered or certified mail. Hey, at least some kind of written notification is required.

WEAKNESS: Fifteen days? Are you KIDDING me? If people don't come and fetch their car after 3 days, there is clearly a problem. Furthermore, this law is more archaic every day. Notification by phone and email should be required, too.

STRENGTH: Judgment and lawyer fees for excess charges. Not bad.

WEAKNESS: Who is going to hire a lawyer over a few hundred bucks in towing overcharges? The law should mandate much more severe fines and penalties.

STRENGTH: Before disposing of a vehicle after 30 days, notice is required in a newspaper of general circulation in the state. You can call this a strength because SOMETHING is required, but, come on!

WEAKNESS: Legal notice in a NEWSPAPER? Increasingly, this is an utterly archaic form of communication. All legal notices should be published on the internet.

STRENGTH: Towing companies must "accommodate payment" by cash, credit card OR (note the word "or") automated teller machine located on the premises.

WEAKNESS: Yeah, I'm sure they'll be raking in some major fees off that automated teller machine. This is a huge loophole for abuse.

STRENGTH: There is an opportunity for counties to adopt their own ordinances regulating towing operations.

WEAKNESS: What is going to make the counties do THAT except numerous abuses by towing companies?

WEAKNESS, WEAKNESS, WEAKNESS: The law does not require towing data to be electronically accessible to owners, police, towing companies, insurance companies, and all others with a stake in the fate of the vehicle. Instead, it relies on archaic notification mechanisms like CERTIFIED LETTERS and notification in (how quaint!) the legal notices of a newspaper. This law needs to be reformed before predatory towing cuts deeply into Hawaii's all-important tourism industry.

Predatory Towing On The Island Paradise Of Hawaii

Flickr.com Photo

In Hawaii, according to state law as related in this recent "legal advice" article, click here, towing companies can only charge $65 for a tow, or $75 for a tow involving a dolly. They are allowed to charge $7.50 per mile. So you have to wonder how, exactly, a guy who got towed "just around the corner" on Cooke Street paid $145 cash!

I'll bet that...

...he's wondering the same thing.

Here are some other aspects of the law I want to highlight, with credit to the article:

* Storage rates are capped at $25 per day, or a fraction thereof, for the first 7 days, and $20 per day after that.

* Mandatory free drop! If you reach your car while the tower is hooking up the vehicle, he must unhook it, without charge. This is something ALL STATES AND CITIES SHOULD ADOPT and I'm sure glad I've found Hawaii as an example that can be cited.

Why is Hawaii like this? I'm guessing Hawaii is very conscious of its tourist industry, and knows a bad experience means somebody won't be coming back to spend their money. If only other cities and states could be this bright.

* The towing companies must provide a receive stating the maximum towing charges allowed by law, and the telephone number of a consumer information service. All I can say is...wow!

* Towing companies must make payment convenient by cash, credit card or automated teller machine located on the premises. Requiring only cash payments is against the law.

Online Comments Provide Substantive Info

It's hard work mining streams of online comments for any kind of worthwhile info; so often online comments degenerate into stupid and pointless discussions about race, religion, and the superiority of red versus blue. But, in this case, some good information actually turned up, pretty and gleaming, in the bottom of my gold-mining pan.

It seems there is a company called ACE Towing on Makepono Drive. They are out on a place called "Sand Island," so the only way to get there is a $40 taxi ride from downtown or the bus. The bus only goes as far as "OCCC," whatever that is, so after that you have to walk 4 miles.

Then ACE Towing says "only cash." This according to an online commenter called "Dude Aloha Joe," and it is unconfirmed.

Filling In The Towing Utopia National Map

I was worried I'd never see a towing story from Hawaii, and this state would remain terra incognito on my national map. But, it appears, predatory towing is even present in what is supposedly an "island paradise." And this during the very week when I saw my first Hawaii State Quarter.