The Hawaii State Judiciary answers common questions regarding the "stopper" policy for motor vehicle registration:

Q. I couldn't register the used car I just purchased because the previous owner didn't pay several parking tickets. Why am I being penalized for someone else's negligence?

A. Under Hawai'i law, parking tickets are attached to the motor vehicle. If you purchase a used vehicle with unpaid tickets attached, you won't be able to register that vehicle until any outstanding fees are paid. So before you purchase a used vehicle, it behooves you to check for a registration "stopper" attached to that vehicle.

Q. Why can't the court just clear the charges?

A. The policy is set by statute, which requires payment of the judgment before the stopper can be lifted.

Q. So what are my options?

A. You can ask the previous owner to pay the fees or you can pay them yourself. Also, if the previous owner believes there is good cause to dismiss the fees, he or she may file a "Motion to Set Aside Default Judgment" with the court. As the new owner of the vehicle, you also may file such a motion. The court will review the motion. You can also consult an attorney.

Q. If this motion is filed, does the court lift the stopper immediately?

A. No. The judge would have to issue a ruling on the motion first. However, you or the previous owner can obtain a clearance right away by posting a cash bond for the total amount of outstanding fees. If the judge does not rule in your favor, the cash bond will be used to pay the fees.

Q. What if I ask the previous owner to pay the fees and that person refuses?

A. You may want to speak with an attorney.

Q. It might cost more to hire an attorney than to pay the fees. What are some other alternatives?

A. Some legal organizations offer free advice. You also can obtain information from the self-help section of the Hawai'i State Judiciary Web site at www.courts.state.hi.us.

Q. If I decide to pay the fees, why can't I use a check or credit card?

A. A check or credit card transaction takes several days to clear. Most people want the stopper lifted immediately because they want to renew the motor vehicle registration or transfer title right away. In the past, some people have used a check or credit card to remove a registration stopper and then halted payment after obtaining a clearance. As a result, the court now requires a cash payment to immediately clear the stopper.

Q. Even if I'm willing to pay the fees, a clerk told me the stopper will not be lifted because the previous owner did not comply with court-ordered sanctions. What does that mean?

A. If the previous owner failed to appear in court or did not respond to a traffic citation or summons, there may be a bench warrant or penal summons issued for that person's arrest. Or, the previous owner may be subject to other outstanding sanctions. The stopper will not be removed until the previous owner fully complies with all court orders underlying the case that resulted in the stopper.

Q. A court clerk told me that another case — not associated with the registration stopper — is pending in connection with the vehicle. Can the registration stopper be lifted?

A. Yes. A pending case does not prevent the court from issuing a stopper clearance.

Q. If a driver's license stopper has been placed on the previous owner because that person didn't pay a moving violation, can I still register the vehicle I purchased?

A. Yes. A driver's license stopper is a separate matter. It does not affect vehicle registration.

Q. The law about attaching registration stoppers to the vehicle for delinquent parking fees seems unfair. Is the situation different in other states and will the law change in Hawai'i at some point?

A. In some states, unpaid tickets remain the obligation of the person who owned the vehicle at the time the infraction occurred and may result in a stopper being placed on their driver's license. In another state, the seller and buyer are required to register the car together at the DMV.

Source: Hawaii State Judiciary