Chapter 263 — Chapter 263
11 sections in this chapter.
HRS §263-1 Definition of terms
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§263-1 Definition of terms. In this chapter, "aircraft" includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules…
HRS §263-10 Hunting from aircraft; penalty
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§263-10 Hunting from aircraft; penalty. (a) Any aeronaut or passenger who, while in flight in, across, or above the State, intentionally kills or attempts to kill any birds or animals shall be guilty of a misdemeanor and punished by a fine of not more than $1,000, or by imprisonm…
HRS §263-11 Reckless operation of aircraft a misdemeanor
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§263-11 Reckless operation of aircraft a misdemeanor. It shall be unlawful for any person to operate an aircraft in the air, or on the ground or water, while under the influence of intoxicating liquor, narcotics, or other habit-forming drug, or to operate an aircraft in the air o…
HRS §263-2 Sovereignty in space
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§263-2 Sovereignty in space. Sovereignty in the space above the lands and waters of the State is declared to rest in the State, except where granted to and assumed by the United States. [L 1923, c 109, §2; RL 1925, §3892; RL 1935, §6976; RL 1945, §4922; RL 1955, §16-2; HRS §263-2…
HRS §263-3 Ownership of space
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§263-3 Ownership of space. The ownership of the space above the lands and waters of the State is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 263-4. [L 1923, c 109, §3; RL 1925, §3893; RL 1935, §6977; RL 1…
HRS §263-4 Lawfulness of flight
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§263-4 Lawfulness of flight. Flight in aircraft over the lands and waters of the State is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner; or unless so conducted …
HRS §263-5 Damage on land
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§263-5 Damage on land. The owner of every aircraft which is operated over the lands or waters of the State is presumed liable, except the owner of every aircraft operated for commercial use is absolutely liable, for injuries to persons or property on the land or water beneath cau…
HRS §263-6 Collision of aircraft
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§263-6 Collision of aircraft. The liability of the owner of one aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damage caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land. …
HRS §263-7 Jurisdiction over crimes and torts
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§263-7 Jurisdiction over crimes and torts. All crimes, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over the State shall be governed by the laws of the State. The question whether damage occasioned by or to an aircraft while in flight o…
HRS §263-8 Jurisdiction over contracts
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§263-8 Jurisdiction over contracts. All contractual and other legal relations entered into by aeronauts or passengers while in flight over the State shall have the same effect as if entered into on the land or water beneath. [L 1923, c 109, §8; RL 1925, §3898; RL 1935, §6982; RL …
HRS §263-9 Dangerous flying a misdemeanor; penalty
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§263-9 Dangerous flying a misdemeanor; penalty. Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within the State, engages in trick or acrobatic flying, or in any acrobatic feat, or flies, except while in landing or taking of…