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



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



(2)  The examination, guidance, and control of harbor
masters 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 shipment
or discharged on the commercial docks, wharves, piers, quays, bulkheads, or
landings belonging to or controlled by the State; and



(5)  Defining the duties and powers of carriers,
shippers, and consignees respecting passengers, freight, goods, wares, and
merchandise in and upon the docks, wharves, piers, quays, bulkheads, or
landings 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 commercial
harbor and waterfront improvements belonging to or controlled by the State.



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



(1)  For the proper regulation and control of all
shipping, traffic, and other related activities in the commercial harbors
belonging to or controlled by the State; of the entry, departure, mooring, and
berthing of vessels therein; and of all other matters and things connected with
such activities;



(2)  To establish safety measures and security
requirements in or about the commercial harbors, land, and facilities belonging
to or controlled by the State;



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



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



(c)  The rules shall be adopted in the manner
prescribed in chapter 91 and shall have the force and effect of law. [L 1911, c
163, §4; am L 1915, c 169, §3; ratified, March 28, 1916, c 54, 39 Stat 39; RL
1925, §836; RL 1935, §1734; RL 1945, §4984; RL 1955, §112-5; am L Sp 1959 2d, c
1, §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 L
1991, 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) governing
statutes did not explicitly or implicitly authorize the DOT to issue
administrative rules exonerating the State from the negligence of its
employees, Hawaii administrative rule §19-41-7 did not bear a reasonable
relationship to the DOT's statutory mandate, and the legislature's imposition
of a statutory duty to defend and/or indemnify in other circumstances
demonstrated the legislature's clear intent to reserve such power to itself,
trial court erred in obligating appellants to defend and indemnify the State
against injured plaintiff's claims.  111 H. 144, 140 P.3d 377.



  Cited:  60 H. 32, 586 P.2d 1037.