28-1635. Waiver

A. On proper application, the court may waive its right pursuant to this article to request the department to refuse to renew the vehicle registration of a registered owner who is delinquent in paying a fine or penalty for a violation subject to this article, if both:

1. Nonrenewal of the vehicle registration would pose an economic hardship on the registered owner or the registered owner's immediate family.

2. The failure to pay is not due to an intentional refusal to obey the order of the court or an intentional refusal to make a good faith effort to obtain the monies required for the payment.

B. Except for the person subject to the monetary obligation pursuant to this article, any person who is identified on the records of the department as an owner of a vehicle subject to refusal to renew a vehicle registration pursuant to this article may file a sworn petition in any court where a citation was issued that resulted in the request to refuse to renew a vehicle registration requesting the court waive the court s right to refuse the vehicle registration renewal on at least one vehicle the person owns. If the person does not live within the jurisdiction of the court, the court shall not require the person to appear personally. The court may rule based upon the petition, or if the court wishes to hear oral argument and the person does not live within the jurisdiction of the court, the court shall permit the person to appear telephonically.

C. If the court determines the registered owner making the request is not the person responsible for the alleged violation or failure to appear that results in the court's notification to the department to refuse to renew the vehicle registration, the court may waive its right to request that the department refuse to renew a vehicle registration.

D. If the court grants a request pursuant to subsection C of this section, the court shall provide written documentation to the person making the request or may electronically notify the department that the department may issue a vehicle registration to the registered owner named in the document for the vehicle listed in the document.