§263-11 - Reckless operation of aircraft a misdemeanor.
§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 or on the ground or water, in a careless or reckless manner so as to
endanger the life or property of another. For the purposes of this section a
hydroplane shall be deemed an aircraft. In any proceeding charging careless or
reckless operation of an aircraft in violation of this section, the court in
determining whether the operation was careless or reckless shall consider the
standards for safe operation of aircraft prescribed by federal statutes or
regulations governing aeronautics, or by state regulations governing
aeronautics. Any person violating this section shall be guilty of a
misdemeanor, and punishable by a fine of not more than $1,000, or imprisonment
for not more than one year, or both.
For any violation of this section or section
263-9, in addition to, or in lieu of, the penalties hereinabove provided or
provided by section 263-9, or as a condition to the suspension of a sentence
which may be imposed pursuant thereto, the court in its discretion may prohibit
the violator from operating an aircraft within the State for such period as it
may determine but not to exceed one year. Violation of the duly imposed
prohibition of the court may be treated as a separate offense under the
sections or as a contempt of court. [L 1947, c 32, §3; RL 1955, §16-11; HRS
§263-11]