HI – STATE OF HAWAII Revised Statutes

This information is accurate to July 2016.

STATE OF HAWAII – MOTOR VEHICLE – CERTIFICATES OF TITLEs are issued by each county – DIVISION OF MOTOR VEHICLES & LICENSING.  Each County must have a “competent operator of motor vehicles“.  The Counties treat the M.C.O. and the Certificate of Title as negotiable instrument (Bank Notes) and thus as revenue directly.

Their HAWAII REVISED STATUTES (H.R.S.) Motor Vehicle Code shows the following about cancelling Titles, dismantling and destroying Vehicles, revoking motor carrier status, and non-resident vehicles:

H.R.S. Chapter 286, §41 – §69 – REGISTRATION OF VEHICLES
H.R.S. Chapter 271 – MOTOR VEHICLE CARRIERS
H.R.S. Chapter 286, §101 – §139 – MOTOR VEHICLE DRIVER LICENSING

H.R.S. Chapter  286, §120 – Authority of examiner of drivers to cancel licenses

• H.R.S. §271-19: Suspension, change, and revocation of certificates and permits (MOTOR CARRIER Certificates)
  

  (a)  Certificates and permits shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided.  Any certificate or permit, upon application of the holder thereof, in the discretion of the public utilities commission, may be amended or revoked, in whole or in part.
  …
  (b)  Upon written request by a motor carrier and for good cause shown, the public utilities commission may place an active certificate or permit in an inactive status.
  …
  (d)  A certificate or permit shall be revoked upon the voluntary dissolution of the corporation or partnership in whose name the certificate or permit has been issued.  Upon verification with the department of commerce and consumer affairs on the voluntary dissolution of a corporation or partnership, the commission shall issue an order with its findings and revoke the certificate or permit held by the registered certificate or permit holder.

• H.R.S. §271-03: Application of chapter, interstate, or foreign commerces (MOTOR CARRIER Certificates)
  

   Neither this chapter nor any provision hereof shall apply to commerce with foreign nations or to interstate commerce, except insofar as the application is permitted under the Constitution and laws of the United States.

• H.R.S. §286-41 Application for registration; full faith and credit to current certificates 
  

  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 [emphasis added] to the director of finance the certificates of registration or other evidence of such 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.

• H.R.S. §286-56 Official cars

All motor vehicles owned by any foreign government or by a consul or other official representative thereof, or by the United States government, or by the State or any political subdivision thereof, shall be registered as herein required by the person having the custody thereof, and the custodian shall display official registration by distinguishing marks thereon which shall be furnished by the director of finance, free of charge, and where motor vehicles are owned by the State or any of its municipal subdivisions, the motor vehicle shall bear the inscription provided for in sections 105-6 to 105-8.

• H.R.S. §286-51.5 Junking of nonrepairable vehicle
  

  Any owner of a vehicle, whether it is currently registered or not currently registered, which is incapable of safe operation for use on the public highway and which has no resale value except as a source of parts or scrap only, or which the owner irreversibly designates as a source of parts or scrap, may junk the vehicle upon presenting to the director of finance a signed statement of fact of the junking together with such other relevant facts as may be required by the director of finance, and the signed certificate of title.  All nonrepairable vehicles that are junked under this section shall never again be titled or registered.

• H.R.S. §286-64 Regulation Plates to be surrendered
  

  Upon the issuance of the special license plates, the regulation number plates originally issued in the registration of the passenger motor vehicles shall be surrendered to the administrator of the county emergency management agency who shall retain the plates as long as the special license plates are attached to the passenger motor vehicle.

Analysis

Hawaii has no explicit CODE for surrendering, cancelling, and terminating MOTOR VEHICLES.  Following the procedure for how “regulation plates [are] to be surrendered” is the closes process allowing the termination of MOTOR VEHICLES.  Send all materials (Registration, plates, etc) to the Administrator of the county Emergency Management Agency.  Following 49 C.F.R. §365.123, federal law for withdrawing Vehicle Titles, is recommended.

It is fascinating that the Hawaii Revised Statutes give the director of County Finance the ability to underwrite all vehicle certificates (carrier and motor vehicle titles) with the FULL FAITH AND CREDIT (of the Corporate UNITED STATES, INC).  This clearly demonstrates that Vehicle Certificates have full faith and credit meaning they are bank notes.

Legally, “Surrender” has very specific meaning:

The word surrender presupposes the possession or ownership of the thing that is to be returned or given up. It indicates a transfer of title as well as possession, but it does not express or in any way suggest the transaction of a sale and delivery. Instead, it involves yielding or delivering in response to a demand. A surrender may be compelled or it may be voluntary.

In this respect a surrender differs fromAbandonment, which is simply a unilateral act on the part of the tenant. In contrast, a surrender arises through a mutual agreement between the lessor and lessee.

With the CERTIFICATE OF TITLE being underwritten (on our behalf), this is evidence that any vehicle SURRENDERED makes us the LESSEE of the “legal MOTOR VEHICLE.”  The Yearly Registration is literally RENT for our LEGAL PRESENCE to “represent ownership” [Mississippi Department of Revenue FAQ – What is a Title?] of State-owned automobiles.  We surrender the M.C.O. which the State/Bank underwrites with the FULL FAITH AND CREDIT of the UNITED STATES.

The MOTOR CARRIER section has cancellation is quite defined.  This should operate on both the MOTOR CARRIER CERTIFICATE and the MOTOR VEHICLE CERTIFICATE OF TITLE.  Cancellation requires written NOTIFICATION via “request.”  Never request that these states do anything that is voluntary.  Cancellation is a NOTICE, not subject to their whims.  Being inactive is not cancelled.

Cancelling requires the dissolution of the corporation.  Expatriating (e.g. via Title 8 U.S.C. §1481 Loss of US Nationality by oath and affirmation of World Citizenship Nationality Status) is the DISSOLUTION of our artificial PERSON Corporation.

Once becoming a World Citizen, HAWAII CODE (of commerce) is inapplicable to foreign citizens.  Furthermore, the Director of Finance for any given County shall provide, FREE OF CHARGE, the official distinguishing marks showing that your private foreign owned automobile is officially recognized as being without their legal system.  This may require a World Citizen Automobile Title.  Upon Dishonor, the “US Withdrawal of Certificate of Title – Bill of Exchange” withdrawing your car without the STATE OF HAWAII becomes the new World Citizen Title.  This may be used to access these official distinguishing marks as a foreign official.

Suggested Solution

Using the Standard World Citizen Withdrawal of Applicant for Certificate of Title is sufficient in Hawaii.  JUNKING requires extra documentation, like this in Maui, where the documents specifically surrender the certificates for cancellation.  Please find the Hawaii Incorporated County you need for the proper documentation that meets the “signed statement of fact.” Junking is not required for EXPORTING/IMPORTING though it does irrevocably and permanently remove the Automobile from COMMERCIAL “service.”

For greater proof and evidence of owning your own automobile, follow these steps:

1. Make yourself the (First) Lien holder of the STATE VEHICLE CERTIFICATE OF TITLE
2. Official Export the Vehicle using Customs and Border Protections.  Export to the UNIVERSE.  The CBP agent on the phone used the words “export to the UNIVERSE.”
3. File the World Citizen Withdrawal of Applicant for Certificate of Title with the State.
4. After a month or so File a CERTIFIED Records request a CERTIFICATE OF NO RECORD for your automobile’s AIN [VIN].
5. Make a negotiable instrument “legally representing the automobile” through the World Citizens.
6. Get a CERTIFICATE OF AUTHENTICATION on the documents through the US Department of State.
7. Place your World Citizen ID/Passport, the notarized and authenticated World Citizen Automobile Certificate of Title with Certified CERTIFICATE OF NO RECORD on record with the local corporate County Recorder.
8. Get a Certified Copy of all documents from the County Recorder.

These instructions also apply to all KINGDOM OF HAWAII nationals who wish to own their own private automobiles through their nation.  KINGDOM OF HAWAII has their own “Driver’s Licenses” and thus must be able to own their own automobiles, likewise.  Being a KINGDOM OF HAWAII DRIVER using a STATE OF HAWAII MOTOR VEHICLE simply does not work.  The STATE OF HAWAII very likely will apply their codes to their VEHICLE, regardless of your status….  because they can and are seeking maximum profit for their GOVERNMENTAL SERVICES CORPORATION regardless of their violations of rule of law.