§261-12  Rules, standards.  (a)  Powers
to adopt.  The director of transportation may perform such acts, issue and
amend such orders, adopt such reasonable general or special rules and
procedures, and establish such minimum standards, consistent with this chapter,
as the director deems necessary to carry out this chapter and to perform the
duties assigned thereunder, all commensurate with and for the purpose of
protecting and insuring the general public interest and safety, the safety of
persons operating, using, or traveling in aircraft, and the safety of persons
and property on land or water, and developing and promoting aeronautics in the
State.  No rule of the director shall apply to airports or air navigation
facilities owned or operated by the United States.



In furtherance of the duties assigned under
this chapter, the director may adopt rules relating to:



(1)  Safety measures, requirements and practices in or
about the airport premises;



(2)  The licensing and regulation of persons engaged
in commercial activities in or about the airport premises;



(3)  The regulation of equipment and motor vehicles
operated in or about the airport operational area;



(4)  Airport security measures or requirements, and
designation of sterile passenger holding areas and operational areas;



(5)  The regulation of motor vehicles and traffic;



(6)  Any other matter relating to the health, safety
and welfare of the general public and persons operating, using, or traveling in
aircraft.



(b)  [Tour aircraft operations.]  Any other law
to the contrary notwithstanding, no tour aircraft operation shall be permitted
in any airport under the State's control without having a permit.  The director
shall adopt rules to regulate tour aircraft operations by permit which shall
include but not be limited to:



(1)  Identification of the types of aircraft to be
utilized;



(2)  The number of operations daily for each type of
aircraft used and the days and hours of operation;



(3)  Verification that the applicant is in compliance
with all state statutes, including but not limited to this section;



(4)  Verification that the applicant has the Federal
Aviation Administration certificate 121 or 135;



(5)  A written assessment by the department of the
impact to the surrounding area and to the subject state airport;



(6)  Revocation of a permit based on the failure to
comply with the information provided by the applicant and the terms and
conditions set forth by the department in the permit; and any false statement
or misrepresentation made by the applicant;



(7)  Establishment of penalties for revocation and
suspension of a permit for failure to comply with permit conditions;



(8)  Annual renewal of permits; and



(9)  Any change of operations under the existing
permit to be approved by the director.



No permit shall be authorized unless
accompanied by a Hawaii sectional aeronautical chart marked to indicate routes
and altitudes to be used in conducting aerial tours and noise abatement
procedures to be employed in the vicinity of identified noise sensitive areas.



For the purposes of this subsection, "tour
aircraft operations" means any business operation which offers aircraft
for hire by passengers for the purpose of aerial observation of landmarks and
other manmade or natural sites within an island of the State, and for the
purpose of transporting passengers for tourist-related activities.



(c)  Definitions.  For the purpose of this
section, if not inconsistent with the context:



"Sterile passenger holding area"
means any portion of a public airport designated by the director and identified
by appropriate signs as an area into which access is conditioned upon the prior
inspection of persons and property in accordance with the approved Federal
Aviation Administration air carrier screening program.



"Operational area" means any portion
of a public airport, from which access by the public is prohibited by fences or
appropriate signs, and which is not leased or demised to anyone for exclusive
use and includes runways, taxiways, all ramps, cargo ramps and apron areas, aircraft
parking and storage areas, fuel storage areas, maintenance areas, and any other
area of a public airport used or intended to be used for landing, takeoff or
surface maneuvering of aircraft or used for embarkation or debarkation of
passengers.



Notwithstanding the restriction on access by
the public into operational areas, entry may be authorized for airport
operational area related purposes with the prior permission of the director or
the director's duly authorized representative.



(d)  Conformity to federal legislation and
rules.  No rules, orders, or standards prescribed by the director shall be
inconsistent with, or contrary to, any act of the Congress of the United States or any regulation promulgated or standard established pursuant thereto.



(e)  How made.  All rules having the force and
effect of law, shall be adopted by the director pursuant to chapter 91.



(f)  Distribution.  The director shall provide
for the publication and general distribution of all of its rules and procedures
having general effect. [L 1947, c 32, pt of §1; RL 1955, §15-18; am L Sp 1959
2d, c 1, §26; am L 1965, c 96, §11; HRS §261-12; am L 1980, c 155, §1; gen ch
1985; am L 1988, c 397, §2; am L 1992, c 206, §1; am L 2001, c 55, §10]



 



Case Notes



 



  Cited:  47 H. 495, 498, 393 P.2d 87.