Haw. Code R. § 17-675-57 - Exempt motor vehicles in the food stamp program

(a) The entire value of any licensed vehicle, including, but not limited to, a taxi, tractor, or fishing boat, shall be totally exempt if the vehicle:

(1) Is used primarily (over fifty per cent of the time the vehicle is used) for income producing purposes. Licensed vehicles which have previously been used by a self-employed household member engaged in farming but are no longer used over fifty percent of the time in farming because of the termination of the member's self-employment from farming shall continue to be excluded as a resource for one year from the date of termination of the household member's self-employment from farming;

(2) Annually produces income consistent with its fair market value, even if used only on a seasonal basis;

(3) Is necessary for long distance travel, other than daily commuting, that is essential to the employment of a household member (or an ineligible alien or disqualified person whose resources are being considered available to the household). For example, the vehicle of a traveling sales person or a household member who would be fired or not hired if a vehicle could not be provided shall be exempted;

(4) Is necessary for subsistence, hunting, or fishing, such as a snowmobile in the remote areas of Alaska;

(5) Is currently used as the household's home;

(6) Is necessary to transport a physically disabled household member (or an ineligible alien or disqualified person whose resources are being considered available to the household) regardless of the purpose of the transportation.

(A) One vehicle shall be excluded for each physically disabled person.

(B) A vehicle is excluded if the vehicle is specially equipped to meet the specific needs of the disabled person or if the vehicle is a special type of vehicle that makes it possible to transport the disabled person.

(C) The personal vehicle need not be specially equipped or used for particular purposes.

(D) The vehicle need not be exclusively or primarily used by the physically disabled household member since a vehicle may be necessary for a physically disabled person even if other household members also use the vehicle.

(E) A household with a member who has a temporary physical disability is also entitled to the resource exclusion of the value of a vehicle used to transport the disabled member. If the disabled person loses the disability during the certification period, the household shall be required to report the change in circumstances; or

(7) Is necessary to transport fuel for heating or water for home use when such transported fuel or water is the primary source of fuel or water for the household.

(b) The vehicle exemption shall also apply during temporary periods of unemployment when the vehicle is not in use. For example, when a taxi driver is ill or a fishing boat is frozen in the harbor, the vehicles shall be exempted.

(c) Vehicles exempt for equity value shall include:

(1) One licensed vehicle for each household other than those exempted in subsection (a);

(2) Any additional licensed vehicle necessary for household members (or an ineligible alien or disqualified person whose resources are being considered available to the household) to accept or continue employment, seek employment, or to attend training or school preparatory to employment. A vehicle customarily used to commute to and from employment shall be excluded by this provision during temporary periods of unemployment; and

(3) Vehicles excluded in subsection (a).

Notes

Haw. Code R. § 17-675-57

[Eff 3/19/93; am 8/18/94] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.8(h)) Comp 8/28/2022