Title 15, Transportation And Utilities

§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…

§268-1 Ferry system and facilities authorized. It being hereby declared that the establishment of a ferry system to provide the people of this State with an economic means of transportation is a public purpose, the department of transportation, hereinafter referred to as the depa…

§268-1.5 Private ferry or ferry system; authority to provide. Notwithstanding any other provisions of this chapter, the department, in lieu of establishing the Hawaii State Ferries, an inter-island or intra-island ferry or ferry system operated and maintained by the State under t…

§268-10 Authority as a common carrier; rights and liabilities. The department of transportation shall have all the obligations, duties, and rights of a common carrier of persons and property in its operation of ferries, terminals, or other facilities used in its ferry operations,…

§268-11 Liability for damages as to persons or property. In case of property loss or damage, personal injuries or death resulting from the operation of any ferry or terminal by the department of transportation, any person or the personal representative of any person shall, subjec…

§268-12 Liability to persons other than shippers or passengers; limitation. The right of action extended by this chapter shall be applicable to loss or damage of property or personal injury or death, resulting from the operation of ferries or terminals by the department of transp…

§268-13 Claim for damages; filing and contents; time limitations. As a condition to a recovery thereon, a verified claim against the department of transportation growing out of damages, loss, injuries, or death must first be presented to the department and filed with its director…

§268-14 Payment of claims. The department of transportation may upon such terms and conditions as it may impose and under such rules and regulations as it may adopt, pay claims arising under its operation of ferries or terminals or compromise or settle the claims. No claim shall …

§268-15 Venue of actions; enforcement of judgment. Actions for the recovery of damages under sections 268-11 to 268-15 may be brought in the first circuit court or in the circuit in which the aggrieved person resides. No execution upon a judgment or attachment shall be levied aga…

§268-16 Report. The director of transportation shall prepare a report in writing of the nature and extent of the director's activities under this chapter whenever the director deems it necessary or appropriate. The report shall be delivered to each house of the legislature. [L 19…

§268-2 "Hawaii State Ferries" name authorized. The department of transportation may operate its ferry system under the name "Hawaii State Ferries". [L 1963, c 186, §2; Supp, §114-2; HRS §268-2]

[§268-2.5 Intra-island water ferry transportation system; authority to implement.] The department of transportation is authorized to implement an intra-island water ferry transportation system subject to chapter 103D. The intra-island water ferry transportation system shall be pr…

[§268-2.6 Ferry project special fund.] There is established in the state treasury the ferry project special fund, into which shall be deposited revenues collected by the operators of the intra-island water ferry transportation system. Moneys in the ferry project special fund shal…

§268-3 Survey. The department of transportation may make any examination, investigation, survey, or reconnaissance it deems necessary for obtaining information relative to the acquisition, construction, or operation of the ferry or ferry facilities. [L 1963, c 186, §3; Supp, §114…

§268-4 Appropriation; personnel. There is appropriated from the general revenues of the State the sum of $150,000 or so much thereof as may be necessary, to defray the cost of any examination, investigation, survey, or reconnaissance and all other expenses necessary for the issua…

§268-5 Bonds; issue authorized. For the purpose of paying any and all costs in connection with the acquisition by lease, charter, contract, purchase, condemnation, or construction of all or any part of the ferry system, approaches, and roadways incidental thereto, and for rehabil…

§268-6 Bonds, certificates of issuance; terms and conditions. (a) Any certificate or certificates providing for the issuance of revenue bonds pursuant to this chapter shall provide that the revenue bonds shall be redeemable before the maturity thereof at the option of the departm…