Date:

Tuesday, 04/04/2023

Start Time:

09:00 AM

Place:

Queen Liliuokalani Conference Room

Agenda

MOTOR VEHICLE INDUSTRY LICENSING BOARD

Professional and Vocational Licensing Division Department of Commerce and Consumer Affairs State of Hawaii

 

AGENDA

 

DATE:             April 4, 2023

 

TIME:              9:00 a.m.

 

In-Person        Queen Liliuokalani Conference Room Meeting                        HRH King Kalakaua Building Location:                        335 Merchant Street, First Floor

Honolulu, Hawaii 96813

 

Virtual              Virtual Videoconference Meeting – Zoom Webinar (use link below) Participation: https://dcca-hawaii-gov.zoom.us/j/91856844016

 

PHONE:          +1 669 900 6833

Meeting ID:     918 5684 4016

 

Agenda:           The agenda was posted to the State electronic calendar as required by Hawaii Revised Statutes (HRS) section 92-7(b).

 

If you wish to submit written testimony on any agenda item, please email your testimony to mvi@dcca.hawaii.gov or submit by hard copy mail to: Attn: Motor Vehicle Industry Licensing Board, P.O. Box 3469, Honolulu, HI 96801. We request submission of testimony at least 24 hours prior to the meeting to ensure that it can be distributed to the Board members.

 

INTERNET ACCESS:

 

To view the meeting and provide live oral testimony, please use the link at the top of the agenda. You will be asked to enter your name. The Board requests that you enter your full name, but you may use a pseudonym or other identifier if you wish to remain anonymous. You will also be asked for an email address.

You may fill in this field with any entry in an email format, e.g.,

*****@***mail.com.

 

Your microphone will be automatically muted. When the Chairperson asks for public testimony, you may click the Raise Hand button found on your Zoom screen to indicate that you wish to testify about that agenda item. The Chairperson will individually enable each testifier to unmute their microphone. When recognized by the Chairperson, please unmute your microphone before speaking and mute your microphone after you finish speaking.

 

 

 

PHONE ACCESS:

 

If you cannot get internet access, you may get audio-only access by calling the Zoom Phone Number listed at the top on the agenda.

 

Upon dialing the number, you will be prompted to enter the Meeting ID which is also listed at the top of the agenda. After entering the Meeting ID, you will be asked to either enter your panelist number or wait to be admitted into the meeting. You will not have a panelist number. So, please wait until you are admitted into the meeting.

 

When the Chairperson asks for public testimony, you may indicate you want to testify by entering “*” and then “9” on your phone’s keypad. After entering “*” and then “9”, a voice prompt will let you know that the host of the meeting has been notified. When recognized by the Chairperson, you may unmute yourself by pressing “*” and then “6” on your phone. A voice prompt will let you know that you are unmuted. Once you are finished speaking, please enter “*” and then “6” again to mute yourself.

 

For both internet and phone access, when testifying, you will be asked to identify yourself and the organization, if any, that you represent. Each testifier will be limited to five minutes of testimony per agenda item.

 

If connection to the meeting is lost for more than 30 minutes, the meeting will be continued on a specified date and time. This information will be provided on the Board’s website at https://cca.hawaii.gov/pvl/boards/motorvehicle/meeting_schedule/.

 

Instructions to attend State of Hawaii virtual board meetings may be found online at: https://cca.hawaii.gov/pvl/files/2020/08/State-of-Hawaii-Virtual-Board- Attendee-Instructions.pdf

 

1.               Call to Order

 

2.               Approval of the Open and Executive Session Minutes of the October 11, 2022, Meeting

 

The Board may enter into Executive Session to consult with the Board’s attorney on general questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities in accordance with HRS section 92-5(a)(4) to review the executive session minutes.

 

3.               Applications

 

The Board will enter into Executive Session pursuant to Hawaii Revised Statute §§ 92- 5(a)(1) and 92-5(a)(4) to consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both and to consult with the board’s attorney or questions and issues pertaining to the board’s powers, duties, privileges, immunities, and liabilities.

 

 

 

A.            Motor Vehicle Salesperson

i.            Jorge M. Mahilum

ii.           Brian J. Asuncion

 

B.         Motor Vehicle Dealer

          

                        i.          Aloha Motorsports Maui Inc

                        ii.          Cherry Whips LLC

 

C.        Motor Vehicle Dealer – Branch

 

Tong & Zeng Corporation

 

 

D.        Motor Vehicle Dealer – Relocation

 

            Paradise Cruise, Ltd.

           

E.         Ratifications List of March 28, 2023 (see attached)

 

 

4.         Correspondence

 

            A.         Hannah Butler

                       

i.              Requests a determination on whether a motor vehicle dealer’s license is required to host a marketplace for the sale of ATVs.

 

ii.          Requests a determination on whether a vehicle dealer’s license is required for a retailer who has partnered with an online car service that runs a website.  

 

B.         Sharnae Diggs

 

Requests a determination on whether any license is required for a retailer that hosts an online marketplace where third parties can list dirt bikes or mini bikes for sale.  

 

 

C.        Cynthia Hedrick

 

Requests a determination on whether a motor vehicle manufacturer’s license is required for Off Highway Utility Terrain Vehicles (“UTV”). 

 

D.        Jim Gessford

 

Requests a determination whether The Toro Company must be licensed as a manufacturer in order for their commercial distributor in Hawaii to sell utility terrain vehicles (“UTV”).

 

 

 

E.         Jason Iseman

 

Requests a determination whether a license is required to do business as an auto broker in Hawaii.

 

F.         Brandon Dobbs

 

Requests a determination on the following as it pertains to a “used car dealer”:

 

i.          Does Hawaii offer Dealer Plates for use on unregistered vehicles during test drives or transportation?

 

ii.          If the vehicles being sold are from out of state, and are obviously without a Hawaii License Plate, can we sell the vehicle with Temporary plates (paper plates like new car dealers do) until the DMV gets the permanent ones to us? If so, is there a template that we must use?

 

iii.         What legal forms or sales contracts does the state require to be used during the sale of a motor vehicle from a dealer to a retail customer? I cannot find any information on this?

 

iv.        How long does a dealer need to retain these contracts? Do we need to remit copies to the DMV or state for any reason?

 

 

G.        Niu Honolulu

 

Requests a determination on an alternative for filing the UCC1 with the Bureau of Conveyances.

 

H.        Sasha Khosravani

 

Requests a determination on the process when a pre-existing auto dealership is acquired.  In particular, must the seller’s license be cancelled before the buyer’s license can be issued?  Also, must the seller return the dealer license and plate/tag inventory?

 

 

5.                       Legislative Liaison

 

 

6.                       2023 Legislation

 

              A.       S.B. 382, S.D. 2 Relating to Motor Vehicles

 

Prohibits motor vehicle manufacturers from charging subscription fees for certain services that employ equipment already installed in the motor vehicle at the time of sale as a new motor vehicle.  Provides that the prohibition shall not apply to entertainment streaming subscription services, vehicle navigation, traffic information, and safety-related services. 

 

 

 

B.       S.B. 1164 Relating to Motor Vehicles

 

Requires dealers who sell new or used motor vehicles to display the protected lifetime operating cost of the vehicle with the listed purchase price.

 

 

7.           Next Meeting:              Tuesday, June 6, 2023

9:00 a.m.

Queen Liliuokalani Conference Room HRH King Kalakaua Building

335 Merchant Street, First Floor Honolulu, Hawaii 96813

 

Virtual Videoconference Meeting – Zoom Webinar

 

 

8.           Adjournment 03/28/22

If you need an auxiliary aid/service or other accommodation due to a disability, contact the Board’s office at 808-586-2701 or mvi@dcca.hawaii.gov as soon as possible, preferably two (2) business days prior to the meeting. If a response is received after that date, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate formats, such as large print, Braille, or electronic copy.