Haw. Code R. § 16-87-3 - Definitions

Current through February, 2022

As used in this chapter:

"Board" means the motor vehicle repair industry board.

"Certified repair dealer" means a repair dealer, as defined in this chapter, who is certified with the board and has at least fifty per cent of all the full-time mechanics employed who are certified mechanics.

"Certified mechanic" means a mechanic who has successfully passed the certification tests in any or all of the certification specialties set forth in section 16-87-26.

"Customer" means the owner or lawful possessor of a motor vehicle. If the dealer is provided with a written statement indicating that a person is an authorized representative of an insurance company which has a contractual right to authorize repairs, then the representative is a customer within the meaning of this chapter.

"Department" means the department of commerce and consumer affairs.

"Mobile repair facility" means a facility used for repairing or diagnosing malfunctions of motor vehicles away from the dealer's place of business.

"Motor vehicle" means any passenger car, truck, truck tractor, motorcycle, or motor scooter, as defined in section 286-2, HRS.

"Motor vehicle mechanic" means any person whether self-employed or employed by another who, for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles, and may be classified as "intermediate" or "journeyman" as the terms are commonly used in the motor vehicle repair industry.

"Motor vehicle mechanic helper" means any person who for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles under the supervision of a motor vehicle mechanic.

"Motor vehicle repair dealer" means any person who is or who employs a motor vehicle mechanic registered under chapter 437B, HRS, and who, for compensation, engages in the business of diagnosing or repairing malfunctions of motor vehicles.

"Place of business" means a physical place where the business of motor vehicle repair or diagnosis is conducted, other than mobile repair facilities.

"Rebuilt vehicle" means any vehicle which has been declared a total loss as defined in section 286-2, HRS, and subsequently rebuilt for public use.

"Registered mechanic" means a motor vehicle mechanic who has registered in accordance with chapter 437B, HRS.

"Registered repair dealer" means a motor vehicle repair dealer, as defined in this chapter, who is registered with the board.

"Repair of motor vehicles" means all maintenance of, and modifications and repairs to motor vehicles, including the rebuilding or restoring of rebuilt vehicles as defined in section 286-2, HRS, but excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing fan belts, oil, and air filters, and other minor services. No service shall be designated as minor, for purposes of this chapter if the board finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation.

"Vocational academic schooling" means training in those schools or programs, or both, approved by the board.

Notes

Haw. Code R. § 16-87-3
[Eff 7/29/76; am and ren § 16-87-3, 6/25/81; am and comp 5/7/88; comp 1/28/89] (Auth: HRS § 437B-4) (Imp: HRS §§ 437B-1, 437B-7)

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