§266-3  Rules.  (a)  The director oftransportation may adopt rules as necessary to:

(1)  Regulate the manner in which all vessels mayenter and moor, anchor or dock in the commercial harbors, ports, and roadsteadsof the State, or move from one dock, wharf, pier, quay, bulkhead, landing,anchorage, or mooring to another within the commercial harbors, ports, orroadsteads;

(2)  The examination, guidance, and control of harbormasters and their assistants and their conduct while on duty;

(3)  The embarking or disembarking of passengers;

(4)  The expeditious and careful handling of freight,goods, wares, and merchandise of every kind which may be delivered for shipmentor discharged on the commercial docks, wharves, piers, quays, bulkheads, orlandings belonging to or controlled by the State; and

(5)  Defining the duties and powers of carriers,shippers, and consignees respecting passengers, freight, goods, wares, andmerchandise in and upon the docks, wharves, piers, quays, bulkheads, orlandings within the commercial harbors, ports, and roadsteads of the State. The director may also make further rules for the safety of the docks, wharves,piers, quays, bulkheads, and landings on, in, near, or affecting a commercialharbor and waterfront improvements belonging to or controlled by the State.

(b)  The director may also adopt, amend, andrepeal such rules as are necessary:

(1)  For the proper regulation and control of allshipping, traffic, and other related activities in the commercial harborsbelonging to or controlled by the State; of the entry, departure, mooring, andberthing of vessels therein; and of all other matters and things connected withsuch activities;

(2)  To establish safety measures and securityrequirements in or about the commercial harbors, land, and facilities belongingto or controlled by the State;

(3)  To prevent the discharge or throwing intocommercial harbors of rubbish, refuse, garbage, or other substances likely toaffect water quality or that contribute to making such harbors unsightly,unhealthful, or unclean, or that are liable to fill up shoal or shallow watersin, near, or affecting the commercial harbors; and

(4)  To prevent the escape of fuel or other oils orsubstances into the waters in, near, or affecting commercial harbors from anysource point, including, but not limited to, any vessel or pipes or storagetanks upon the land.

(c)  The rules shall be adopted in the mannerprescribed in chapter 91 and shall have the force and effect of law. [L 1911, c163, §4; am L 1915, c 169, §3; ratified, March 28, 1916, c 54, 39 Stat 39; RL1925, §836; RL 1935, §1734; RL 1945, §4984; RL 1955, §112-5; am L Sp 1959 2d, c1, §26; am L 1965, c 96, §84 and c 115, §1; am L 1966, c 44, §§2, 3; HRS§266-3; am L 1978, c 231, §4; am L 1985, c 104, §2; am L 1986, c 57, §2; am L1991, c 272, §10; am L 2009, c 16, §1]

 

Cross References

 

  Agriculture department rules, see §§141-7, 142-2.

  Forestry rules, see §183-4.

 

Case Notes

 

  Where the department of transportation's (DOT) governingstatutes did not explicitly or implicitly authorize the DOT to issueadministrative rules exonerating the State from the negligence of itsemployees, Hawaii administrative rule §19-41-7 did not bear a reasonablerelationship to the DOT's statutory mandate, and the legislature's impositionof a statutory duty to defend and/or indemnify in other circumstancesdemonstrated the legislature's clear intent to reserve such power to itself,trial court erred in obligating appellants to defend and indemnify the Stateagainst injured plaintiff's claims.  111 H. 144, 140 P.3d 377.

  Cited:  60 H. 32, 586 P.2d 1037.