Title 15, Transportation And Utilities

§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…

[TRESPASS TO AIRCRAFT] [§261-91] Trespass to aircraft; penalty. Whoever without right, boards or remains in or upon any aircraft of another within a state airport shall be fined not more than $250, or imprisoned not more than three months, or both. [L 1981, c 25, pt of §1]

[§261-92] Questioning and detaining suspected persons aboard an aircraft. A police officer may detain any person found upon an aircraft, under circumstances as reasonably justify a suspicion that the person boarded without permission, for the purpose of demanding, and may demand …

§261D-2 Disposition of the transportation use special fund. [Effect and application. L 1989, c 309, §10.] For so long as airport revenue bonds issued before June 13, 1989, are outstanding, the director of transportation shall transfer to the airport revenue fund created by sectio…

[§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: (1) Provide safe and adequate service, equipment, and facilities for the transportation of the passengers; and (2) Establish, observe, and enforce …

[§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: (1) Persons transporting their own property where the transportation is in furtherance of a primary business purpose or enterprise of that person, except where …

[§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: (1…

[§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 …

§262-1 Definitions. As used in this chapter, unless the context otherwise requires: "Airport" means any area of land or water designed and set aside for the landing and taking-off of all aircraft and utilized or to be utilized in the interest of the public for such purposes; "Air…

§262-10 Enforcement and remedies. Any person who wilfully violates section 262-7(a) or any regulations, orders, or rulings promulgated or made pursuant to this chapter, shall for each violation, be fined not more than $1,000 or imprisoned not more than ninety days, or both. In ad…

§262-11 Acquisition of air rights. When: (1) It is desired to remove, lower, or otherwise terminate a nonconforming structure or use; (2) The approach protection necessary, because of constitutional limitations, cannot be provided by airport zoning regulations under this chapter;…

§262-2 Airport hazards contrary to public interest. An airport hazard endangers the lives and property of users of an airport and of occupants of land in its vicinity, and in effect reduces the size of the area available for the landing, taking-off, and maneuvering of aircraft, t…

§262-3 Power to adopt airport zoning regulations. To prevent the creation or establishment of airport hazards, the director of transportation may adopt, amend, repeal, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this cha…

§262-4 Relation to comprehensive zoning regulations. In the event of conflict between any airport zoning regulations adopted under this chapter and any ordinances or other regulations applicable to the same area, whether the conflict be with respect to the height of structures or…

[§262-4.5] 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 airport rule or standard relating to outdoor lighting on any ramp or apron area, roadway, or parking lot conflicts with an…

§262-5 Procedure for adoption of zoning regulations. (a) The director of transportation shall adopt airport zoning regulations in accordance with chapter 91. (b) At least ninety days before the public hearing on the initial zoning of any airport hazard area, the director shall no…

§262-6 Airport zoning regulations. (a) All airport zoning regulations adopted under this chapter shall have the force and effect of law. The regulations shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the pu…

§262-7 Permits, hazard markings, and lighting. (a) Permits. Any airport zoning regulations adopted under this chapter may require that before any new structure, tree, or use may be constructed, planted, or established, and before any existing use, tree, or structure may be substa…

§262-8 Appeals. Any person aggrieved by any order, requirement, determination, or decision of the director of transportation made in the adoption, amendment, repeal, or administration of airport zoning regulations may appeal the person's grievance to the appropriate circuit court…

§262-9 Application. If the airport zoning regulations adopted under this chapter, although generally reasonable, are finally held to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent as to be in violation of the State Constitution o…

§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…

§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…

§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…

§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…

§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…

§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 …

§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…

§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. …

§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…

§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 …