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

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

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

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

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

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

(5)  The regulation of motor vehicles and traffic;

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

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

(1)  Identification of the types of aircraft to beutilized;

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

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

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

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

(6)  Revocation of a permit based on the failure tocomply with the information provided by the applicant and the terms andconditions set forth by the department in the permit; and any false statementor misrepresentation made by the applicant;

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

(8)  Annual renewal of permits; and

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

No permit shall be authorized unlessaccompanied by a Hawaii sectional aeronautical chart marked to indicate routesand altitudes to be used in conducting aerial tours and noise abatementprocedures to be employed in the vicinity of identified noise sensitive areas.

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

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

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

"Operational area" means any portionof a public airport, from which access by the public is prohibited by fences orappropriate signs, and which is not leased or demised to anyone for exclusiveuse and includes runways, taxiways, all ramps, cargo ramps and apron areas, aircraftparking and storage areas, fuel storage areas, maintenance areas, and any otherarea of a public airport used or intended to be used for landing, takeoff orsurface maneuvering of aircraft or used for embarkation or debarkation ofpassengers.

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

(d)  Conformity to federal legislation andrules.  No rules, orders, or standards prescribed by the director shall beinconsistent 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 andeffect of law, shall be adopted by the director pursuant to chapter 91.

(f)  Distribution.  The director shall providefor the publication and general distribution of all of its rules and procedureshaving general effect. [L 1947, c 32, pt of §1; RL 1955, §15-18; am L Sp 19592d, c 1, §26; am L 1965, c 96, §11; HRS §261-12; am L 1980, c 155, §1; gen ch1985; 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.