Chapter 261 — Chapter 261

[GENERAL PROVISIONS] §261-1 Definitions. As used in this chapter: "Aeronautics" means the science and art of flight, including but not limited to transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, in…

§261-10 Exclusive rights prohibited. The department of transportation shall grant no exclusive right for the use of an airway, landing area, or air navigation facility under its jurisdiction. This section shall not prevent the making of contracts, leases, and other arrangements p…

§261-11 Public purpose of activities. The acquisition of any lands or interests therein pursuant to this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities; and the exercise…

§261-12 Rules, standards. (a) Powers to adopt. The director of transportation may perform acts, issue and amend orders, adopt reasonable general or special rules and procedures, and establish minimum standards, consistent with this chapter, as the director deems necessary to carr…

§261-13 Orders, notice, and opportunity for hearings, judicial review. (a) Every order of the director of transportation requiring performance of or desistance from certain acts or compliance with certain requirements and any denial or revocation of an approval, certificate, or l…

§261-13.5 Promotion of safety and efficient use of facilities where congestion occurs. (a) The legislature recognizes that air traffic congestion constitutes a serious safety problem and reduces the efficient and effective use of limited airspace and terminal facilities. The legi…

§261-14 Federal-state joint hearings, reciprocal services, accident reporting. (a) Joint hearings. The department of transportation may confer with or hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to…

§261-15 Federal airman and aircraft certificates. (a) Operation without, unlawful. It shall be unlawful for any person to operate or cause or authorize to be operated any civil aircraft within the State unless the aircraft has an appropriate effective certificate, permit, or lice…

§261-16 Licensing of airports. (a) Site approvals. Except as provided in subsection (d), the department of transportation may provide for the approval of airport sites and the issuance of certificates of the approvals. No charge shall be made for any approval. Upon the department…

§261-17 Enforcement of laws. (a) The director of transportation, officers, and employees of the department of transportation, and every state and county officer charged with the enforcement of state laws and ordinances, shall enforce and assist in the enforcement of this chapter …

§261-17.6 Parking control at airports. (a) The director may enforce airport rules pertaining to vehicle parking at airports by imposing fines not to exceed $50 per violation or by removing the vehicle of the offender from the area within the airport's jurisdiction, or both; provi…

§261-17.7 Lost and found money or property at airports. (a) All money or property found at an airport owned or controlled by the department shall be reported or delivered by the finder to the airport lost and found, and when so delivered shall be held by the department for forty-…

§261-18 Hazard pay for employees. Any employee of the airports division of the department of transportation who performs fire, crash, or any other aircraft emergency rescue duties, in addition to the employee's regular assignment, shall receive hazard pay in accordance with the f…

§261-19 Exchange of violations information. The department of transportation may report to the appropriate federal agencies and agencies of the states and territories of the United States all proceedings instituted charging violation of section 261-15, 263-9, or 263-11, and all p…

§261-2 Development of aeronautics, general. The department of transportation shall have general supervision over aeronautics within the State. It shall encourage, foster, and assist in the development of aeronautics in the State and encourage the establishment of airports and air…

§261-20 Department proceedings and reports. The department of transportation shall report in writing to the governor immediately following the end of each fiscal year. The report shall contain a summary of its proceedings during the preceding fiscal year, a detailed and itemized …

§261-21 Penalties. (a) Except as provided in subsection (c), any person violating this chapter, or any of the rules or orders issued pursuant thereto and duly adopted or served, shall be guilty of a violation subject to the following penalties: (b) Except as provided in subsectio…

AIRPORTS §261-22 Hilo International Airport. The official name of the airport situated at Waiakea, Hilo, Hawaii, shall be Hilo International Airport. The main passenger terminal at Hilo International Airport shall be designated "General Lyman Terminal" in memory of Brigadier Gene…

§261-24 John Rodgers Terminal. When a new transpacific terminal building is constructed, it shall be designated "John Rodgers Terminal" in memory of the late Commander John Rodgers, United States Navy, who made the first flight in a Navy flying boat to these islands in September,…

§261-25 REPEALED. L 1989, c 58, §1.

§261-3 Legislation, intervention. The department of transportation may:

AIRPORT RELOCATION §261-31 Definitions. When used in sections 261-31 to 261-36: "Business" means any lawful activity conducted: "Director" means the state director of transportation. "Displaced person" means any person who is required to move from any real property on or after Se…

§261-32 Assistance for displaced person, families, businesses and nonprofit organization. (a) The director may compensate any person, family, business, or nonprofit organization for actual and reasonable moving expenses incurred as a result of being displaced by any land acquisit…

§261-33 Replacement housing. (a) In addition to any amount authorized herein as part of the cost of construction of the airport for which land acquisition is initiated, the director shall make a payment to the owner of real property improved by a single-family, two-family, or thr…

§261-34 Not treated as income. No payment received under sections 261-32 and 261-33 shall be considered as income for purposes of the state income tax law; nor shall such payments be considered as income to any recipient of public assistance, and such payment shall not be deducte…

§261-4 Airports, general. (a) Establishment, operation, maintenance. The department of transportation may, on behalf of and in the name of the State, out of appropriations and other moneys available or made available for such purposes, plan, acquire, establish, construct, enlarge…

§261-5 Disposition of airport revenue fund. (a) Except for: all moneys received by the department from rents, fees, and other charges collected pursuant to this chapter, as well as all aviation fuel taxes paid pursuant to section 243-4(a)(2), shall be paid into the airport revenu…

§261-5.5 Passenger facility charge special fund. (a) There is established in the state treasury the passenger facility charge special fund, into which shall be deposited all proceeds from the passenger facility charge. (b) The director of transportation shall administer the passe…

§261-5.6 Rental motor vehicle customer facility charge special fund. (a) There is established in the state treasury the rental motor vehicle customer facility charge special fund to be administered by the director, into which shall be deposited all proceeds from the rental motor …

SPECIAL FACILITY PROJECTS §261-51 Definitions. For the purpose of this part, if not inconsistent with the context: "Remodeling" includes reconstruction, renovation, rehabilitation, improvement, betterment or extension of a special facility. "Special facility" means one or more bu…

§261-52 Powers. In addition and supplemental to the powers granted to the department by law, the department may:

§261-53 Findings and determination for special facility leases. The department shall not enter into any special facility lease unless the department at or prior to the entering into of the special facility lease finds and determines that:

§261-54 Special facility lease. (a) In addition to the conditions and terms set forth in this part, any special facility lease entered into by the department shall at least contain provisions obligating the other person to the special facility lease: Any moneys received by the de…

§261-6 Civil air patrol. (a) Beginning in fiscal year 1988-1989 and in accordance with chapter 42F, the sum of $190,600 annually or so much thereof as may be necessary shall be granted from the general fund to carry on the operations and defray the expenses of the Hawaii wing, ci…

§261-7 Operation and use privileges. (a) In operating an airport or air navigation facility owned or controlled by the department of transportation, or in which it has a right or interest, the department may enter into contracts, leases, licenses, and other arrangements with any …

§261-7.5 Airport facilities; collection of landing fees and other charges and fees. (a) The department shall have a lien upon any aircraft landing upon any airport operated by it for landing fees and other charges and fees for the use of the services or facilities of the airport …

[ABANDONED AIRCRAFT] §261-71 Custody and disposal of abandoned aircraft. (a) Any aircraft: may be deemed abandoned and taken into custody and disposed of by the director of transportation pursuant to this chapter. (b) Upon taking custody of any such aircraft a written notice shal…

§261-73 Custody and disposal of derelict aircraft. (a) An aircraft which has been left unattended for a continuous period of more than twenty-four hours is a derelict, if: (b) The director of transportation may cause a derelict aircraft to be immediately taken into custody. Upon …

§261-8 Federal aid. The department of transportation may accept, receive, receipt for, disburse, and expend federal moneys, and other moneys, public or private, made available by grant or loan to accomplish, in whole or in part, any of the purposes of this chapter. All federal mo…

§261-9 Contracts, law governing. The department of transportation may enter into any contracts necessary to the execution of the powers granted it by this chapter. All contracts made by the department shall be made pursuant to the laws of the State governing the making of like co…