Title 15, Transportation And Utilities

[PART I. GENERALLY] §266-1 Department of transportation; harbors; jurisdiction. All commercial harbors and roadsteads, and all commercial harbor and waterfront improvements belonging to or controlled by the State, and all vessels and shipping within the commercial harbors and roa…

[§266-1.5] Honolulu harbor Piers 1 and 2; jurisdiction. Any law to the contrary notwithstanding, the department of transportation shall have jurisdiction and administrative authority over Honolulu harbor Piers 1 and 2 and the contiguous backup fast lands currently used for manife…

[§266-1.6] Hana harbor; jurisdiction. Notwithstanding any law to the contrary, the department of transportation shall have jurisdiction and administrative authority over Hana harbor, excluding its small boat ramp facility. The Hana harbor small boat ramp facility shall remain und…

§266-13 Dockage. (a) All watercraft: shall pay to the department of transportation such rates of dockage as shall be fixed by the department. (b) All watercraft that receive or discharge freight or passengers: shall pay such rates of dockage as shall be fixed by the department. (…

§266-14 Demurrage, lien, foreclosure. When any freight has remained upon any wharf, pier, bulkhead, quay, or landing for more than twenty-four hours, the department of transportation, in its discretion, may make demurrage charges for each subsequent day or part thereof that in it…

§266-17 Rates, how fixed. (a) The department of transportation shall adjust, fix, and enforce the rates assessable and chargeable by it in respect to dockage, wharfage, demurrage, and other rates and fees pertaining to harbors, wharves, and properties managed and operated by it s…

§266-19 Creation of harbor special fund; disposition of harbor special fund. [Effect and application. L 1989, c 309, §10.] (a) There is created in the treasury of the State the harbor special fund. All moneys received by the department of transportation from the rates, fees, fine…

§266-19.5 Private financing of harbor improvements. (a) Notwithstanding any law to the contrary, the department of transportation may enter into a capital advancement contract with a private party for any public improvement to or construction of a state harbor, commercial harbor,…

§266-2 Powers and duties of department. (a) The department of transportation shall: (b) Notwithstanding any law or provision to the contrary, the department of transportation is authorized to plan, construct, operate, and maintain any commercial harbor facility in the State, incl…

[§266-2.2] Exemption from conservation district permitting and site plan approval requirements. Notwithstanding any law to the contrary, all work involving submerged lands used for state commercial harbor purposes shall be exempt from any permitting and site plan approval require…

[§266-2.5] Outdoor lighting. To the extent that it is practical and not in conflict with any safety regulation or federal law, regulation, or mandate, if any harbor rule or standard relating to outdoor lighting at any harbor facility conflicts with any county ordinance or other r…

§266-21.4 Marine inspections. (a) The department shall: (b) Vessels failing the marine inspection for a permit or a permit renewal shall have thirty days to correct deficiencies and complete the inspection. (c) Owners of vessels that fail the marine inspection may contest the ins…

§266-21.5 Biosecurity, inspection, and cargo support facilities. (a) The department of transportation shall provide space at commercial harbors for biosecurity and inspection facilities and to facilitate the safe and efficient movement of maritime cargo through the commercial har…

§266-23 Acceptance of gifts. The director of transportation may, with the approval of the governor, accept and receive gifts of personal property, which gifts shall be used for harbor purposes; provided that moneys received by the director, pursuant to the authority granted herei…

§266-24 Enforcement. (a) Every state and county officer charged with the enforcement of any law, statute, rule, regulation, ordinance, or order, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto, and in carrying out th…

§266-24.1 Arrest or citation. (a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce the provisions of th…

[§266-24.2] Vessels or property taken into legal custody; unauthorized control. No person shall exercise control over a vessel or other property that is under legal custody, seizure, or detention by the department of transportation, with intent to defeat the custody, seizure, or …

§266-25 Violation of rules; penalty. (a) In addition to the reimbursement of fines and costs as provided in section 266-28, any person who violates any rule made, adopted, and published by the department of transportation as herein provided, or who violates any lawful command of …

[§266-26 Responsibility of vessel owner; evidence of unauthorized mooring.] In any proceeding for violation of any statute or any rule adopted by the department pursuant to chapter 91 governing the mooring or placement of a vessel in the State, proof of ownership through: affixed…

§266-27 Mooring of unauthorized vessel in state harbors; impoundment and disposal proceedings. (a) No person shall moor a vessel in a state commercial harbor without obtaining a use permit; nor shall a person continue to moor a vessel in any state commercial harbor if the use per…

§266-28 Fines arising from environmental protection and maritime transportation security violations. Notwithstanding any other law to the contrary, any commercial harbor tenant or user, including any shipper or shipping agent, who violates any federal, state, or county law or rul…

[§266-29] State harbors civil violations system; authorization. (a) There is established, within the department of transportation, a state harbors civil violations system, whose purpose shall be to process violations of departmental regulations for which administrative penalties …

§266-3 Rules. (a) The director of transportation may adopt rules as necessary: (b) The director may also adopt, amend, and repeal such rules as are necessary: (c) The rules shall be adopted in the manner prescribed in chapter 91 and shall have the force and effect of law. [L 1911…

[§266-30] General administrative penalties. (a) Except as otherwise provided by law, the department of transportation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including…

[§266-31] Restriction of use of facilities. The department of transportation may delay or deny approval for port entry or departure for any vessel for which the department has received notice from a federal agency or other agency that the vessel or its crew has engaged in activit…

§266-4 Limitation of powers. The jurisdiction and powers conferred on the department of transportation are subject to such restrictions as may be imposed by the statutes of the State, and shall be exercised in accordance with the provisions thereof. [March 28, 1916, c 54, §4, 39 …

[§266-4.5 Disposition of public land; reservation of right of way.] Whenever any disposition of public land is made by the department of transportation, under its powers relating to public lands under its jurisdiction, to any persons, organizations, associations, corporations or …

[PART II.] SPECIAL FACILITY PROJECTS §266-51 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 on…

§266-52 Powers. In addition and supplemental to the powers granted to the department by law, the department may:

§266-53 Findings and determination for special facility leases. The department shall not enter into any special facility lease unless the department shall first find and determine that:

[§266-54] 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 contain provisions obligating the other person to the special facility lease: (b) Any moneys derived by the depart…

§266-55 Special facility revenue bonds. All special facility revenue bonds, including special facility revenue refunding bonds, authorized to be issued shall be issued pursuant to part III of chapter 39, except as follows:

§266-6 Expenditures. Expenditures by the department of transportation shall be made upon vouchers signed by the director of transportation; provided that the director, may, in writing, designate a qualified subordinate to sign vouchers, make routine reports, and perform other rou…

[Part III.] mooring of vessels to commercial docks §266-61 Labor subject to collective bargaining; required. [See Note at part heading.] (a) Except as provided in subsection (b), in addition to the duties of the department of transportation imposed under part I, the department of…

§266-7 Department; duties. The department of transportation shall collect all moneys, fees, and dues paid to the State for wharfage, demurrage, and all other fees or compensation in respect to the entry, anchorage, and wharfage of all vessels and other craft entering into the por…