Hawaii Administrative Code

If any section of this chapter is held invalid for any reason, the invalidity shall not affect the validity of the remaining sections or parts of this chapter. Notes Haw. Code R. § 19-151-100 Eff 12/26/2021 (Auth: HRS § 91-14) (Imp: HRS § 291J-13)

This chapter shall take effect ten days after it is filed with the lieutenant governor. Notes Haw. Code R. § 19-151-101 Eff 12/26/2021 (Auth: HRS §§ 286-17, 286-18) (Imp: HRS § 291J-13)

Unless the context clearly indicates otherwise, as used in this chapter: "County" means the counties of Hawaii, Kauai, Maui, and the city and county of Honolulu. "County highway" has the same meaning as used in HRS section 264-1. "Department" means the state department of transpo…

(a) The State or any county may establish and implement, in accordance with this chapter, a photo red light imaging detector system to impose monetary liability on the registered owner of a motor vehicle for the failure to comply with state traffic-control laws. (b) The State or …

(a) The State or any county shall pay compensation to a manufacturer or vendor for the equipment used based upon the value of the equipment and services provided in support of the system. (b) Compensation to a manufacturer or vendor shall not be based upon a portion of the fine o…

(a) To determine if a traffic-controlled intersection should be equipped with a system, the State or county shall conduct a study to acquire: (1) A baseline average of the number of red light traffic-control signal violations committed by motor vehicles in accordance with HRS sec…

(a) The department, in conjunction with any county that implements a systems program shall conduct a comprehensive informational and educational campaign to assist motorists and the public in understanding the safety issues fundamental to red light running. (b) The initial campai…

(a) A manufacturer or vendor shall obtain clear and unobstructed photograph, digital or other visual image of the violation and shall make such visual image available for viewing by the registered owner of the motor vehicle of the alleged violation. (b) The vendor shall obscure t…

(a) Any country that implements a photo red light imagining detector system program, shall cooperate with the State by providing any and all information available necessary to complete and submit various reports in a timely manner, if required, to: (1) The Hawaii State Legislatur…

Notes Haw. Code R. §§ 19-151-9 to 19-151-99 Eff 12/26/2021

Unless the context clearly indicates otherwise, as used in this chapter: "Airfield activity center" means the airfield areas of all airports in the airports system, including, but not limited to, the runways, taxiways, aprons, aircraft parking areas, security fencing, secure serv…

(a) The airports system landing fee and airports system support charge imposed by this chapter shall be payable immediately after a landing unless a bond is posted with the department, in which case the airports system landing fee and airports system support charge shall be payab…

This chapter shall not apply to the following types of aircraft: (1) Aircraft owned or operated by the: (A) Government of the United States, or any agency or department thereof; (B) State or any of its counties or any agency or department thereof; or (C) Civil Patrol. (2) Aircraf…

Penalties for violations of this chapter shall be as set forth in section 261-7, and 261-7.5. Hawaii Revised Statutes. Notes Haw. Code R. § 19-16.1-12 [Eff 8/25/94; comp NOV 13 2000] (Auth: HRS §§ 261-7, 261-7.5) (Imp: HRS § 261-21)

If any provision of this chapter or the application thereof is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are …

The fees and charges established by this chapter shall be applicable to all non-signatory carriers except those non-signatory carriers who qualify for exemption as established in § 19-16.1-11. Notes Haw. Code R. § 19-16.1-2 [Eff 8/25/94; comp NOV 13 2000] (Auth: HRS §§ 39-61, 261…

There shall be imposed an airports system landing fee under this chapter for the purpose of recovering costs attributable to the airfield activity center; this fee shall be based on landings at an airport in the airports system. The airports system landing fee for an overseas lan…

There shall be imposed an airports system support charge under this chapter for the purpose of recovering residual costs of the airports system required in order to comply with federal and state laws by making the airports system self-sustaining; this charge shall be based on lan…

(a) There shall be credited against the amount of airports system landing fees and airports system support charges imposed by this chapter and owed for a particular calendar month, the amount of the aviation fuel taxes collected from such non-signatory carrier by a distributor of…

The charge for use of the joint use area in the interisland terminal shall be $69,375 per passenger landing at the interisland terminal. Notes Haw. Code R. § 19-16.1-6 [Eff 8/25/94; comp NOV 13 2000] (Auth: HRS §§ 39-61, 261-12) (Imp: HRS § 261-7)

The charge for use of joint use area in the overseas terminal shall be $457,344 per passenger landing at the overseas terminal. Notes Haw. Code R. § 19-16.1-7 [Eff 8/25/94; comp NOV 13 2000] (Auth: HRS §§ 39-61, 261-12) (Imp: HRS § 261-7)

The charge for the use of the international arrivals area shall be $3,346 for each passenger who deplanes from an international flight and uses the international arrivals area. Notes Haw. Code R. § 19-16.1-8 [Eff 8/25/94; comp NOV 13 2000] (Auth: HRS §§ 39-61, 261-12) (Imp: HRS §…

(a) Non-signatory carriers shall submit a monthly-report to the department containing the following aviation activity statistics for each airport in the airports system within fifteen days following the end of each month in which the aviation activity occurs: (1) Number of landin…

Small plane hangars and tie-down spaces are provided primarily for the storage and maintenance of active airworthy aircraft. Notes Haw. Code R. § 19-17.1-1

All locks on T-hangar doors shall conform to the master key system established by the director. Notes Haw. Code R. § 19-17.1-10 [Eff FEB 11 1991] (Auth: HRS § 261-12) (Imp: § 261-7)

The director may enter any hangar unit or tie-down area at any time for inspection purposes and to remove and dispose of any materials stored in violation of this chapter with no responsibility for replacement of materials. Notes Haw. Code R. § 19-17.1-11 [Eff FEB 11 1991] (Auth:…

Aircraft which remain unairworthy or inactive (even though airworthy) for a period of six months shall be presumed to be in dead storage and may, at the discretion of the director, be removed from its space to an area that the director may designate for that purpose. The State sh…

There shall be no smoking, welding, or open flame permitted within hangar buildings or within fifty feet of any aircraft. Notes Haw. Code R. § 19-17.1-13 [Eff FEB 11 1991] (Auth: HRS § 261-12) (lmp: HRS § 261-7)

(a) No person shall keep, store, or discard any flammable liquids in or about the hangar buildings, except that (1) fuel may be kept in standard approved tanks installed in an aircraft for that purpose, and (2) paints, thinner, solvents, flammable liquids having a flash point bel…

(a) No person shall leave plugged into any power outlet of any unattended hangar an electrical appliance other than one which requires continuous electrical service for its normal operation. (b) No person shall operate an electrical appliance in the presence or flammable liquids …

(a) Any used rags or wipers shall be removed from hangars daily or stored in covered metal containers. (b) Storage of items or materials shall be kept at a minimum and shall be limited only to those that are required for the operation and maintenance of the aircraft. (c) No perso…

(a) No sign shall be permitted without the prior authorization of the director. (b) Commercial business shall be conducted from a hangar only with the prior authorization of the director. Notes Haw. Code R. § 19-17.1-17 [Eff FEB 11 1991] (Auth: HRS § 261-12) (Imp: HRS § 261-7)…

No motor vehicle shall be permitted in any hangar or tie-down area except upon specific permission of the director. Notes Haw. Code R. § 19-17.1-18 [Eff FEB 11 1991] (Auth: HRS § 261-12) (Imp: HRS § 261-7)

Enforcement of this chapter shall be as set forth in § 261-17, Hawaii Revised Statutes. Any appeal of any action taken to enforce this chapter shall be governed by Chapter 19-1, "Practice and Procedure", Hawaii Administrative Rules. Notes Haw. Code R. § 19-17.1-19 [Eff FEB 11 199…

As used in this chapter, unless the context clearly indicates otherwise: "Aircraft" means airplanes, airships, dirigibles, helicopters, gliders, amphibians, seaplanes, and other contrivance now or hereafter used for the navigation of or flight in air space. "Airworthy aircraft" m…

Penalties for violation of this chapter shall be as set forth in § 261-21, Hawaii Revised Statutes. Notes Haw. Code R. § 19-17.1-20 [Eff FEB 11 1991] (Auth: HRS § 261-12) (Imp: HRS § 261-7)

Any failure by a permit holder to comply with these rules, permit terms and conditions which may be added under the department's custodial management powers, or any misrepresentation of any fact upon any form or document required by these rules shall result in the immediate revoc…

(a) Any person desiring a small plane hangar, tie-down space, or any other small aircraft space at a public airport shall submit a written application in person or by mail together with a filing fee of $15 for each type of aircraft space desired (i.e., hangar building, T-hangar, …

Hangar and tie-down space permits shall not be transferable. A permit holder in good standing may replace one owned aircraft with another owned aircraft and retain his hangar rights provided that the permit holder shall notify the airport operator within five days. Hangar and tie…

Subletting hangar space is prohibited. A permit holder must be a registrant of an airworthy aircraft to retain his hangar or tie-down rights. Notes Haw. Code R. § 19-17.1-5 [Eff FEB 11 1991] (Auth: HRS § 261-12) (lmp: HRS § 261-7)

The director may change the assignment (location) of hangar space or tie-down space deemed comparable by the director, to accomodate repairs, improvements, maintenance, construction, emergencies, or when necessary during a special event. Change of assignments nay also be made to …

If a tenant is delinquent in rent and fails, after thirty days' written notice, to comply with this chapter, the director may, after five days notice, move the aircraft and equipment to an open storage area without liability for any damage thereto. Upon said relocation, the permi…

General liability insurance in the amount of at least $500,000 shall be maintained by the permittee and kept in force throughout the life of the permit. Notes Haw. Code R. § 19-17.1-8 [Eff FEB 11 1991] (Auth: HRS § 261-12) (Imp: HRS 261-7)

The director may charge for electricity either on a pro rata basis or through the use of individual meters for tenants who are provided electrical service by the director, providing that tenants shall, if required, pay for the installation of individual meters. Notes Haw. Code R.…

This chapter governs procedures before the Aloha Tower development corporation under chapter 206J, HRS, and shall be construed to effectuate the purpose of the chapter and to secure the just and efficient determination of every proceeding. Notes Haw. Code R. § 19-170-1 [Eff MAY 5…

(a) Unless otherwise provided by law, a majority of all the members to which the board is entitled shall constitute a quorum to transact business, and the concurrence of a majority of all the members to which the board is entitled also shall be necessary to make a board decision …

The presiding officer may remove any person who willfully disrupts a meeting. Notes Haw. Code R. § 19-170-11 [Eff MAY 5 2013] (Auth: HRS §§ 91-2, 206J-5) (Imp: HRS § 92-3)