Hawaii Administrative Code

(a) Any person desiring or planning to construct, establish, or operate a proposed airport shall, prior to its construction or operation, make application to the director for his approval of the site. (b) Each application for the approval of an airport site shall indicate the pur…

(a) Issuance of certificate. The director, if satisfied on inspection that the proposed airport meets the standards set forth in § 19-11-3, shall issue a certificate granting approval thereof with reasonable dispatch and without charge to the applicant. The director may note on t…

All airports excepting those owned and operated by the United States, the State, or those hereinafter excluded, shall be licensed and their licenses renewed annually upon payment of required airport license and renewal fees. Notes Haw. Code R. § 19-11-5 [Eff 6/12/81; comp NOV 27 …

(a) Any holder of a certificate of approval issued pursuant to these rules may, while it remains in effect, make, and any operator of a presently operated airport not yet licensed under this section shall make, an application for an original license to operate the airport and sha…

Upon receipt of an application for original airport license, the director, with reasonable dispatch, shall issue a license appropriate to the character or type of airport if, on inspection, he is satisfied that the airport in question meets the standards set forth in § 19-11-6. N…

All airport licenses shall be renewable annually upon payment of the sum of $10 as the application and upon the same considerations that they were originally issued pursuant to § 19-11-7. Notes Haw. Code R. § 19-11-8 [Eff 6/12/81; comp NOV 27 2000] (Auth: HRS § 261-12) (Imp: HRS …

Notwithstanding § 19-11-7 and § 19-11-8, the granting and renewal of airport licenses may be made subject to any reasonable conditions that the director may deem necessary to effectuate the purpose of these rules and those conditions, if any, shall be noted on the face of the ori…

These rules shall apply to all public, quasi-public, and-military airports, including their airport hazard areas, in the State. These rules do not apply to private airports. Notes Haw. Code R. § 19-12-1 [Eff 6/12/81; comp 8/3 0/97; comp JUN 18 2007] (Auth: HRS § 262-3) (Imp: HRS …

Notwithstanding any other provisions of these rules, no use may be made of land within any zone established by these rules or within the vicinity of the zone which would: (1) Create electrical, electronic, or atmospheric interference with radio communication or landing, aids, bet…

(a) Rules not retroactive. These rules shall not be construed to (1) require the removal, lowering, or other change or alteration of any structure or tree or use not conforming to these rules as of the effective date of these rules or as of the effective date of the rules superse…

(a) Except as provided in §§ 19-12-9 and 19-12-13, no substantial change shall be made in the use of land, and no structure shall be erected or altered and no tree shall be planted or otherwise established in any zone described in § 19-12-4 unless a permit therefor shall have bee…

(a) In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or, structure less than seventy-five feet, in height above the ground, except when the tree or structure, would extend above the height prescribed for suc…

In any case in which these rules may be finally held to interfere with the use or enjoyment of land to such an extent as to be in violation of the state constitution or the Constitution of the United States, such holding shall not affect the application of these rules to other st…

Enforcement of these rules shall be as set forth in § 262-10, Hawaii Revised Statutes. Notes Haw. Code R. § 19-12-15 [Eff 6/12/81; comp 8/30/97; comp JUN 18 2007] (Auth: HRS § 262-3) (Imp: HRS § 262-10)

Penalties for violation of any of these rules shall be as set forth in § 262-10, Hawaii Revised Statutes. Notes Haw. Code R. § 19-12-16 [Eff 6/12/81; comp 8/30/97; comp JUN 18 2007] (Auth: HRS § 262-3) (Imp: HRS § 262-10)

The airport zoning regulations effective April 21, 1972, and as amended effective April 6, 1974, and all rules relating to airport zoning in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-12-17 [Eff 6/12/81; comp 8/30/97; comp JUN 18 2007…

As used in this chapter, unless the context clearly indicates otherwise: "Airport" means any area of land or water designed or set aside for the landing and taking-off of all aircraft and utilized or to be utilized in the interest of the public for such purposes. "Airport hazard"…

These rules shall apply to: (1) Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used therein, and apparatus of a permanent or temporary character; and (2) Alteration of any permanent or temporary existi…

For the purpose of these rules, the airport hazard areas shall be divided into the following zones: (1) Horizontal (2) Conical (3) Primary (4) Approach (5) Transitional (6) Heliport primary (7) Heliport approach (8) Heliport transitional Each zone shall be the ground area underly…

The following civil airport imaginary surfaces shall be established with relation to the airport and to each runway. The size of each imaginary surface shall be based on the category of each runway according to the type of approach available or planned for that runway. The slope …

(a) Heliport primary surface. The area of the primary surface shall coincide in size and shape with the designated take-off and landing area of a heliport. This, surface shall be a horizontal plane at the elevation of the established heliport elevation. (b) Heliport approach surf…

No structure shall be constructed, erected, altered, or maintained, and no tree shall be maintained in any zone created by these rules to a height which would penetrate the surface established in §§ 19-12-5 and 19-12-6. Notes Haw. Code R. § 19-12-7 [Eff 6/12/81; comp 8/30/97; com…

Where any surfaces overlap, the lower or lowest height limitation shall govern and prevail in the overlapped area. Notes Haw. Code R. § 19-12-8 [Eff 6/12/81; comp 8/30/97; comp JUN 18 2007] (Auth: HRS § 262-3) (Imp: HRS § 262-6)

Nothing in these rules shall be construed as prohibiting the construction, erection, maintenance, or alteration of any structure, the growth of any tree, or any use below the height limitations established in § 19-12-7, provided that it does not violate § 19-12-10. Notes Haw. Cod…

Because of the ever increasing number of traffic accidents occurring on the public highways each year, it is deemed in the public interest that a statewide, interrelated traffic records system shall be established. The system shall be designed to assure that appropriate data on t…

If any provision of this chapter is held invalid, the invalidity shall not affect the remaining provisions of this chapter. Notes Haw. Code R. § 19-121-100 [Eff 8/26/82; comp and ren § 19-121-100 6/26/86; comp JAN 03 1994] (Auth: HRS §§ 286-171, 286-172) (Imp: HRS §§ 286-171, 286…

All rules relating to and governing the development and maintenance of traffic records in effect prior to August 26, 1982 are repealed. Notes Haw. Code R. § 19-121-101 [Eff 8/26/82; am, comp, and ren § 19-121-101 6/26/86; comp JAN 03 1994] (Auth: HRS §§ 286-171, 286-172) (Imp: HR…

State and county agencies shall develop, maintain, and compile traffic records in accordance with these rules in a form approved by the director of transportation. Notes Haw. Code R. § 19-121-2 [Eff 8/26/82; comp 6/26/86; comp JAN 03 1994] (Auth: HRS § 286-171) (Imp: HRS § 286-17…

(a) County records shall be developed and maintained as provided in this section. (b) The county agency designated by the executive officer of each county as responsible for the registration of vehicles in the county shall record information concerning the vehicles including: (1)…

State records shall be developed and maintained as follows: (1) The department of education shall record information concerning driver education, including the identification of students and whether they successfully completed courses; (2) The district and circuit courts shall re…

At the request of the director of transportation, the county and state agencies shall provide the director, or a designated representative, all records which are required to be kept pursuant to section 19-121-3 or 19-121-4 and which the director deems necessary for the purpose of…

(a) Subject to authorization granted by the chief justice of the supreme court of the State with respect to the traffic records of the violations bureau of the district and circuit courts, which are within the chief justice's control, information concerning any individual or in w…

This chapter notwithstanding, information from the statewide traffic records system that does not identify individuals by name, address, or other means of enabling personal contact may be furnished to any person who pays the fees in section 19-121-9. Notes Haw. Code R. § 19-121-7…

Corporate or other surety bonds naming the state and the director as obligees in the appropriate amounts specified below shall be provided to the state prior to the release of traffic records under section 19-121-6(a) (3). Where the number of individual records provided is: (1) N…

(a) The director shall charge a flat $100 administrative fee to requestors under sections l9-12l-6(a)(3) and 19-121-7 for the release of statewide traffic records plus the actual cost for providing the information including but not limited to: (1) Supplies and equipment, actual c…

The operation of motorcycles and motor scooters has been found to result in a high incidence of disabling personal injuries and deaths. The effects of these injuries and deaths extend beyond the person injured or killed and the person's family to generally affect the health and w…

As used in this chapter, unless the context clearly indicates otherwise: "Department" means the department. of transportation of the State of Hawaii "Director" means the same as in § 286-2, HRS. "Face shield" means a device of a transparent shatterproof material attached to a pro…

A protective helmet shall meet the performance and labeling specifications established in FMVSS No- 218. Notes Haw. Code R. § 19-124-3 [Eff 8/5/85; comp NOV 29 2002] (Auth: HRS § 286-81) (Imp: HRS § 286-81)

A pair of goggles or safety glasses shall be worn and shall be considered to meet specifications if it is marked by the manufacturer indicating compliance with Vehicle Equipment Safety Commission Regulation VESC-8, Minimum Requirements for Motorcyclist's Eye Protection, or: (1) I…

In lieu of goggles or safety glasses, a face shield shall be worn and shall be considered to meet specifications if it is marked by the manufacturer indicating compliance with Vehicle Equipment Safety Commission Regulation VESC-8, Minimum Requirements for Motorcyclists Eye Protec…

No protective helmet shall be sold, offered for sale, or furnished to any person which does not conform with the performance and labeling requirements of FMVSS No. 218. Notes Haw. Code R. § 19-124-6 [Eff 8/5/85; comp NOV 29 2002] (Auth: HRS § 286-81) (Imp: HRS § 286-81)

(a) No person shall operate a motorcycle or motor scooter unless exempted under section 286-81, Hawaii Revised Statutes, unless the operator and any passenger on the motorcycle or motor scooter wears a protective helmet securely fastened with a chin strap, and an eye protection d…

If any section or part 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. § 19-124-8 [Eff 8/5/85 comp NOV 29 2002] (Auth: § 286-81) (Imp: HRS § 286-81)

All rules and regulations relating to and governing protective devices for motorcycle and motor scooter operator and passengers in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-124-9 [Eff 8/5/85; comp NOV 29 2002] (Auth: HRS § 286-81) (I…

An organized police traffic services program can reduce the number of traffic accidents and minimize the adverse consequences of accidents which do occur. Each county police department in the State shall therefore develop a program to insure efficient and effective police traffic…

All rules relating to or governing police traffic services procedures in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-125-10 [Eff AUG 18 1986] (Auth: HRS § 286-8) (Imp: HRS § 286-8)

As used in this chapter: "Police traffic services program" means a program of police activities in traffic safety which includes, but are not limited to, enforcement of traffic laws, minimizing traffic accidents, aiding the injured, documenting particulars to individual accidents…

Each county police department shall establish procedures and conduct police traffic services training for all new police officers. Each new police officer shall be required to take a minimum of fifty instructional hours in the following subjects: (1) Highway transportation system…

Each county police department shall establish procedures and conduct advanced traffic supervision training for all supervisory personnel assigned or to be assigned traffic duties. Depending on their specific assignment, appropriate supervisors shall be required to take courses in…

Each county police department shall establish procedures and conduct periodic recall or refresher training for all personnel assigned to traffic duties. The training shall relate to: (1) Emergency first aid; (2) New laws and changes in existing laws; (3) Implications of current c…