HRS §286-41 Application for registration; full faith and credit to current certificates; this part not applicable to certain equipment
286-41. Application for registration; full faith and credit to current certificates; this part not applicable to certain equipment
(a) Every owner of a motor vehicle that is to be operated upon the public highways shall, for each vehicle owned, except as herein otherwise provided and except as provided in section 286-42(c), apply to the director of finance of the county where the vehicle is to be operated, for the registration thereof. If a vehicle is moved to another county and is to be operated upon the public highways of that county, the existing certificate of registration shall be valid until its expiration date, at which time the owner shall apply to the director of finance of the county in which the vehicle is then located for the registration of the vehicle, whether or not the owner is domiciled in the county or the owner's principal place of business is in that county, except that this provision shall not apply to vehicles that are temporarily transferred to another county for a period of not more than three months.
(b) [Subsection
effective until June 30, 2025. For subsection effective July 1, 2025, see
below.] Application for the registration of a vehicle shall be made
upon the appropriate form furnished by the director of finance and shall
contain the name, occupation, and address of the owner and legal owner; and, if
the applicant is a member of the United States naval or military forces, the
applicant shall give the organization and station. All applications shall also
contain a description of the vehicle, including the name of the maker; the type
of fuel for the use of which it is adapted, such as gasoline, diesel oil,
liquefied petroleum gas; the serial or motor number; the date first sold by the
manufacturer or dealer; a further description of the vehicle as is called for
in the form; and other information as may be required by the director of
finance, to establish legal ownership. A person applying for initial
registration of a neighborhood electric vehicle shall certify in writing that a
notice of the operational restrictions applying to the vehicle as provided in
section 291C-134 are contained on a permanent notice attached to or painted on
the vehicle in a location that is in clear view of the driver.
(b) [Subsection effective July 1, 2025. For subsection
effective until June 30, 2025, see above.] Application
for the registration of a vehicle shall be made upon the appropriate form
furnished by the director of finance and shall contain the name, occupation,
and address of the owner and legal owner; and, if the applicant is a member of
the United States naval or military forces, the applicant shall give the
organization and station. All applications shall also contain a description of
the vehicle, including: the name of the maker; the type of fuel for the use of
which it is adapted, such as gasoline, diesel oil, liquefied petroleum gas, or
battery electricity; the serial or motor number; the date first sold by the
manufacturer or dealer; a further description of the vehicle as is called for
in the form; and other information as may be required by the director of
finance, to establish legal ownership. A person applying for initial
registration of a neighborhood electric vehicle shall certify in writing that a
notice of the operational restrictions applying to the vehicle as provided in
section 291C-134 are contained on a permanent notice attached to or painted on
the vehicle in a location that is in clear view of the driver.
(c) If the vehicle to be registered is
specially constructed, reconstructed, or rebuilt; is a special interest
vehicle; or is an imported vehicle, this fact shall be stated in the
application and upon the registration of the special interest motor vehicle and
imported motor vehicle, which has been registered until that time in any other
state or county, and the owner shall surrender to the director of finance the
certificates of registration or other evidence of a form of registration as may
be in the applicant's possession or control. The director of finance shall
grant full faith and credit to the currently valid certificates of title and
registration describing the vehicle, the ownership thereof, and any liens noted
thereon, issued by any title state or county in which the vehicle was last
registered. The acceptance by the director of finance of a certificate of
title or of registration issued by another state or county, as provided in this
subsection, in the absence of knowledge that the certificate is forged,
fraudulent, or void, shall be a sufficient determination of the genuineness and
regularity of the certificate and of the truth of the recitals therein, and no
liability shall be incurred by any officer or employee of the director of
finance by reason of so accepting the certificate.
(d) The owner of every motor vehicle of the
current, previous, and subsequent year model bought out-of-state, subsequently
brought into the State, and subject to the use tax under chapter 238 shall
provide with the application for registration proof of payment of the use tax
pursuant to requirements established by the department of taxation. No
registration certificate shall be issued without proof of payment of the use
tax.
(e) Notwithstanding any other law to the
contrary, the director of finance of the county in which the application for
registration is sought shall not require proof of insurance as a condition to
satisfy the requirements of this part. This subsection shall apply only to the
initial registration of any motor vehicle.
(f) Any motor carrier,
as defined in section 286-201, that has not resolved any outstanding federal
operations out-of-service order issued by the United
States Secretary of Transportation shall not complete an initial
registration of a motor carrier vehicle until all federal operations out-of-service
orders are resolved.
(g) The provisions of this part requiring the
registration of motor vehicles shall not apply to:
(1) Special mobile equipment;
(2) Implements of husbandry
temporarily drawn, moved, or otherwise propelled upon the public highways;
(3) Aircraft servicing vehicles that are being used exclusively on lands set aside
to the department of transportation for airport purposes; and
(4) Tractor trucks, flatbed trucks, forklifts, and
top picks being used as marine terminal equipment temporarily moving in or
between terminals at:
(A) Sand Island and along Sand Island Parkway
and Sand Island Access Road;
(B) Kalanianaole
Avenue between Kuhio Street and Kahanu Street, abutting Hilo Harbor;
(C) Kawaihae-Mahukona
Road abutting Kawaihae Harbor;
(D) East Kaahumanu
Avenue between Hobron Avenue and Kane Street, abutting Kahului Harbor;
(E) Waapa Road
abutting Nawiliwili Harbor;
(F) Nimitz Highway, between 8:30 a.m. and
3:00 p.m., and between 6:30 p.m. and 5:30 a.m.;
(G) Sand Island Access Road and Forrest
Avenue, including all roadways abutting pier accessways; provided that vehicles
abide by the speed limit and keep up with the flow of traffic;
(H) Auiki Street, abutting Kapalama Container
Terminal;
(I) Malakole Street, abutting Barbers Point;
and
(J) Hanua Street, abutting Barbers Point;
provided that an escort vehicle is present.
[L 1929, c 197, §1; RL 1935, §2665;
RL 1945, §7336; am L 1951, c 168, §1(b), (c); am L 1953, c 69, §1; am L 1955, c
165, §1; RL 1955, §160-2; HRS §286-41; am L 1984, c 276, §5; gen ch 1985; am L
1986, c 33, §2 and c 50, §2; am L 1987, c 171, §1; am L 1997, c 246, §5; am L
1999, c 262, §2(2); am L 2002, c 225, §2; am L 2003, c 3, §9; am L 2015, c 47,
§2; am L 2017, c 115, §2; am L 2019, c 220, §2; am L 2021, c 122, §2; am L
2023, c 145, §1 and c 222, §5]
