Title 15, Transportation And Utilities

[§261E-1] Application of chapter; interstate or foreign commerce. This chapter shall not apply to commerce with foreign nations, with territories of the United States, or to interstate commerce, except insofar as the application is permitted under the Constitution and laws of the…

[§261E-10] Transfer of certificates of public convenience and necessity; carrier property; control of carriers. (a) No Hawaii air carrier shall sell, lease, assign, mortgage, or otherwise dispose of, or encumber any certificate, in whole or in part, or any of its property necessa…

[§261E-11] Suspension, change, and revocation of certificates. (a) Certificates shall be effective from the date specified and shall remain in effect until suspended or terminated as provided in this section. (b) Any certificate, upon application of the certificate holder, in the…

[§261E-12] Rates, fares, and other charges of air carriers. (a) In the transportation of passengers, every Hawaii air carrier shall: (b) In the transportation of property, every Hawaii air carrier shall: (c) All charges made for any service rendered by any Hawaii air carrier in t…

[§261E-13] Tariffs. (a) Every Hawaii air carrier shall file with the air carrier commission, and keep open to public inspection, tariffs showing all the rates, fares, and charges for transportation, and all services in connection therewith, of passengers or property. The rates, f…

[§261E-14] Investigation of unfair or deceptive practices. The commission, upon its own initiative or upon complaint, if it considers the action to be in the public interest, may investigate and determine whether any Hawaii air carrier has been or is engaged in unfair or deceptiv…

[§261E-15] Issuance of securities; execution of leases. A Hawaii air carrier, with the approval of the air carrier commission, may issue stocks and stock certificates, bonds, notes, and other evidences of indebtedness, payable at periods of more than twelve months after the date …

[§261E-16] Accounts, records, and reports. The air carrier commission may require annual, periodic, or special reports from all Hawaii air carriers and related companies. The commission shall prescribe the manner and form in which the reports shall be made. [L Sp 2008, c 1, pt of…

[§261E-17] Unlawful actions; penalties. (a) Any person who knowingly and wilfully violates any provision of this chapter, or the terms of any certificate, for which violation a penalty is not otherwise provided in this chapter, shall be fined not less than $500 or more than $2,00…

[§261E-18] Hearings. (a) Unless otherwise provided in this chapter, all hearings, investigations, and proceedings shall be governed by chapter 91 and by rules adopted by the air carrier commission, and in the conduct thereof, the rules of evidence need not be applied; provided th…

[§261E-19] Review and appeals. (a) Within ten days after the issuance of any final decision or order of the commission under this chapter, any party aggrieved by the action of the commission may submit a petition to the director of transportation requesting the director to review…

[§261E-2] Definitions. As used in this chapter: "Aircraft" means any craft or other artificial contrivance of whatever description that is used or capable of being used, or intended to be used, as a means of transportation by air. "Air transportation" means the holding out to the…

[§261E-20] Existing service. (a) As of the effective date of enactment of all required federal legislation, any person providing air transportation with turnaround service between two points, both of which are within the State of Hawaii pursuant to authority granted by the United…

[§261E-3] Exemptions; generally. Notwithstanding any other provisions of this chapter, this chapter shall not apply to:

[§261E-4] Air carrier commission; establishment. (a) There is established an air carrier commission to assist in the regulation of interisland air carriers pursuant to the purposes of this chapter. The commission shall be placed with the department of transportation for administr…

[§261E-5] Staff. The air carrier commission may appoint and employ, on a contractual or noncontractual basis not subject to chapter 76, persons the commission determines necessary for the performance of the commission's functions. The commission shall determine the powers, duties…

[§261E-6] General powers and duties. The air carrier commission shall have general supervision over all Hawaii air carriers providing air transportation and, to the extent determined by the commission to be necessary to effectuate the purposes of this chapter, over any related co…

[§261E-7] Investigative powers. (a) The air carrier commission shall have the power to examine the condition of each Hawaii air carrier and, to the extent determined by the commission to be necessary to effectuate the purposes of this chapter, any related companies, including: (b…

[§261E-8] Certificates of public convenience and necessity. (a) Except as otherwise provided in this chapter, no person shall engage in air transportation unless the person holds a certificate issued by the air carrier commission authorizing its operation. (b) Applications for ce…

[§261E-9] Temporary authority. To enable the provision of service for which there is an immediate and urgent need to a point or points having no Hawaii air carrier service capable of and willing to meet the need, the air carrier commission, in its discretion and without hearings …