§287-40  Duration of proof; when proof maybe canceled or returned.  The administrator shall upon request consent tothe immediate cancellation of any bond or certificate of insurance, or theadministrator shall return to the person entitled thereto any money or bondsdeposited pursuant to this chapter as proof of financial responsibility, or theadministrator shall waive the requirement of filing proof, in any of thefollowing events:

(1)  At any time after three years from the date theproof was required when, during the three-year period preceding the request,the administrator has not received record of a conviction which would requireor permit the suspension or revocation of the license or nonresident'soperating privilege of the person by or for whom the proof was furnished;

(2)  In the event of the death of the person on whosebehalf the proof was filed or the permanent incapacity of the person to operatea motor vehicle;

(3)  In the event the person who has given proofsurrenders the person's license to the administrator;

Provided, that the administrator shall notconsent to the cancellation of any bond or the return of any money or bonds inthe event any action for damages upon a liability covered by the proof is thenpending or any judgment upon any such liability is then unsatisfied, or in theevent the person who has filed the bond or deposited the money or bonds, has,within one year immediately preceding the request been involved as a driver orowner in any motor vehicle accident resulting in injury or damage to the personor property of others.  An affidavit of the applicant as to the nonexistence ofsuch facts, or that the applicant has been released from all of the applicant'sliability, or has been finally adjudicated not to be liable, for such injury ordamage, shall be sufficient evidence thereof in the absence of evidence to thecontrary in the records of the administrator.

Whenever any person whose proof has beencanceled or returned under paragraph (3) of this section applies for a licenseor registration within a period of three years from the date proof wasoriginally required, any such application shall be refused unless the applicantreestablishes the proof for the remainder of the three-year period. [L 1949, c393, pt of §1; RL 1955, §160-118; am L Sp 1959 2d, c 1, §14; am L 1963, c 114,§1; HRS §287-40; am L 1970, c 164, §3; am L 1980, c 84, pt of §1; gen ch 1985;am L 1992, c 120, §3; am L 1993, c 6, §11]