scra training presentation

1. SCRA Compliance Training
Regarding Motor Vehicles Registered to
U.S. Military Servicemembers Under
The Abandoned Vehicle Program
April 2018

2. Servicemembers Civil Relief Act
(SCRA)
• Congress enacted the Servicemembers Civil Relief Act (SCRA)
on December 19, 2003 to strengthen the national defense.
• The SCRA provides certain protections to servicemembers who
drop their own affairs to serve our country. These protections
enable them to devote their energies to the defense needs of the
Nation.

3. Servicemembers Civil Relief Act
• The SCRA postpones or suspends financial or civil obligations
to protect servicemembers from being taken advantage of while
on active duty and away from home.
• The different protections under the SCRA are determined from
the date the servicemember enters active duty and terminate no
later than 90 days after discharge.

4. Servicemembers Civil Relief Act
• Protects active-duty military personnel, and in limited
instances, their spouses and dependents.
• Includes Reservists and National Guard called to active
duty.

5. • If you are a city employee, your job duties may involve some
aspects of the City’s Abandoned Vehicle Program; or
• You may be an employee or independent contractor of a tow
contractor or tow subcontractor under a City contract to tow
and store vehicles under the Abandoned Vehicle Program.
Why are you receiving this SCRA training?

6. Every month, hundreds of vehicles are towed from public
roadways for the following reasons:
• Abandoned more than 24 hours;
• Parked illegally or in such a way so as to create a traffic or
safety hazard;
• Expired registration, safety check and/or no insurance;
• Used in a crime (i.e., DUI),
• Not operational after accidents; or
• Stolen, stripped down and discarded.

7. Under the Abandoned Vehicle Program, the City
auctions towed vehicles if the registered owners fail
to claim their vehicles and pay the towing and
storage charges after the City issues the 10-day
statutory notice, or 20 business days if the registered
owners’addresses are out-of-state.
Chapter 290 of the Hawaii Revised Statutes.

8. Under the SCRA, however, the City will auction
towed vehicles registered to active-duty
servicemembers under the Abandoned Vehicle
Program after it (1) obtains a court order
authorizing the sale; or (2) receives a signed SCRA
Waiver of Rights form from the servicemember.

9. Why?

10. The SCRA prohibits the enforcement or foreclosure of
liens on the property or personal effects of a
servicemember without a waiver or court order.
50 U.S.C. § 3958(a)

11. What are the possible consequences for violating the Section 3958
of the SCRA?
• Fines, imprisoned up to a year, or both, following conviction of a
misdemeanor;
• Civil monetary damages to aggrieved servicemembers; and/or
• Other relief and civil penalties in an amount not exceeding $60,788
for the first violation, and $121,577 for each subsequent violation if a
civil suit is filed by the U.S. Department of Justice.
50 USC §§ 3958, 4041, 4042 and 28 C.F.R. § 85.5.

12. Although the SCRA protects a servicemember
from the loss of one’s vehicle and personal
effects by non-judicial foreclosure for unpaid
towing and storage charges, the protection does
not extinguish the servicemember’s liability for:
• Towing and storage charges
• Administrative costs
• Court fines or fees.

13. The City’s Abandoned Vehicle Program
The City implemented its current Abandoned Vehicle
Program to safeguard the protections afforded under
the SCRA.

14. The SCRA exempts from taxation a
servicemember’s personal property located in a
state where the servicemember is temporarily
residing because of military orders.
50 USC 4001(d)(1).

15. Consistent with the SCRA, a non-resident
servicemember may apply for a waiver of
Hawaii’s vehicle-weight tax by filing a completed,
certified U.S. Military Non-Resident Certificate
when registering a motor vehicle with the City.

16. U.S. Military
Non-Resident
Certificate

17. The City also requires active-duty
servicemembers who permanently reside in
Hawaii to submit a completed, certified U.S.
Military Resident Certificate when registering
their motor vehicles with the City.

18. U.S. Military
Resident
Certificate

19. The U.S. Military Non-Resident and Hawaii
Resident certificates enable the City to identify
vehicles that are registered to active-duty
servicemembers.

20. When the City is notified by its tow contractor
that a vehicle is in custody, it will first determine
if the vehicle is registered to an active-duty
servicemember on either a U.S. Military
Non-Resident or Hawaii Resident certificate.

21. The City then sends a “Notice of Abandoned
Motor Vehicle in Custody” letter to the registered
and legal owner of a vehicle in custody.
Haw. Rev. Stat. § 290-2

22. Notification of
Abandoned Motor
Vehicle in Custody
letter

23. Active-duty servicemembers have 60 calendar
days to reclaim their vehicles because they may be
on temporary assignment, deployed, or en route to
or stationed at an overseas post while serving our
country.

24. A servicemember can…
• Reclaim the vehicle; or
• Complete a power of attorney and designate a
representative to reclaim the vehicle on one’s
behalf; or
• Complete an SCRA waiver to relinquish one’s
rights to the vehicle and authorize Honolulu to
dispose of it at no additional charge.

25. The City uses the information from the U.S.
Military Non-Resident and Resident Certificates
to contact the servicemember and the unit
commander either to reclaim the vehicle or
execute an SCRA waiver.

26. WHAT IS AN SCRA WAIVER?
The SCRA permits servicemembers to waive their SCRA rights
and protections in writing if the waiver identifies the legal
instrument or subject matter and the SCRA right or protection
being waived.
50 U.S.C. § 3918.

27. SCRA waiver form

28. The SCRA waiver form is
available online at
www.honolulu.gov

29. To comply with the SCRA, all towing companies
providing services to the City are contractually
required to:
• Accept a servicemember’s power of attorney from
the servicemember’s designated representative.
• Release the vehicle and its contents to the
representative upon payment of outstanding
towing and storage fees.

30. and…
• Accept a signed SCRA waiver from the
representative under a power of attorney, so long
as a copy of the power of attorney is submitted
along with the SCRA waiver.

31. Because a servicemember may be deployed, on
temporary assignment, or stationed off-island
while serving our country, the City and its tow
contractors accept a servicemember’s copied,
scanned, or faxed power of attorney from the
servicemember’s designated representative who
is reclaiming the vehicle. Original signatures or
original documents are not required.

32. For the same reason, the City and its tow
contractors accept a servicemember’s copied,
scanned, or faxed SCRA waiver relinquishing
interest in the vehicle.

33. Tow contractors must provide the City with
copies of all powers of attorney and/or an
SCRA waiver within 10 days of receipt.

34. If a servicemember’s vehicle remains unclaimed
after the 60-day notice period and no SCRA
waiver is received, the City will dispose of it by
public auction under the Abandoned Vehicle
Program pursuant to a court order.

35. All City employees with duties that involve
Honolulu’s Abandoned Vehicle Program are
required to complete the SCRA Compliance
Training; new hires must complete the training
within 30 calendar days of their start date.

36. SCRA Training Acknowledgement form
City Employee
All City employees who undergo
this training must complete and
sign an SCRA Training
Acknowledgement form.

37. All tow company and sub-contractor employees
assigned to provide services to Honolulu are
required to complete the SCRA Compliance
Training; new hires must complete the training
within 30 calendar days of their start date.

38. • All tow company and
subcontractor employees who
undergo this training must
complete and sign an SCRA
Training Acknowledgement
form.
• The signed SCRA Training
Acknowledgement form must
be provided to the City within
10 days of completion.
SCRA Training Acknowledgement form
Tow and/or Subcontractor Employee

39. Compliance with the SCRA is an important City
policy. To ensure compliance, the City will follow
up with its tow contractor every 90 calendar days
to ensure this training is being provided to new
hires or contractors so that they understand the
SCRA and the necessity for compliance under the
City’s Abandoned Vehicle Program.

40. Working together…
We’ve got this…
Mahalo for your kokua!