reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-2 - Duty upon striking unattended vessel or other property

Current through June, 2024
The operator of any vessel which is involved in a boating
					 accident, with any vessel or other property which is unattended, resulting in
					 any damage to the other vessel or property, shall, so far as can be done
					 without serious danger to the operator's own vessel or persons aboard, stop
					 and;
(1) shall then and there locate
				  and notify the owner of the property of the name and address of the owner and
				  the identification of the vessel striking the unattended vessel or property or
(2) shall attach securely in a
				  conspicuous place in or on the vessel or property a written notice giving the
				  information or
(3) in the event
				  the procedures are not feasible, the operator shall as soon as possible take
				  all reasonable steps to locate and notify the owner of the unattended property
				  and give the operator's name and address to the owner and the identification of
				  the vessel.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-3 - Immediate notice of accident; when required

Current through June, 2024
(a) The
				  operator of any recreational vessel which is involved in a boating accident as
				  defined in section
				  13-230-8,
				  if the casualty results in death or injury of any person sufficient to cause
				  reasonable belief that the injury will require medical treatment beyond first
				  aid or if a person disappears from on board under circumstances which suggest
				  any possibility of their death or injury shall, as soon as possible after
				  fulfilling the requirements of section
				  13-242-1,
				  by the quickest means of communication, give notice of the accident to a harbor
				  official, police officer or the nearest police station with the following:
(1) The date, time, and exact location of the
				  occurrence;
(2) The name of each
				  person who was a casualty;
(3) The
				  number and name of the vessel; and
(4) The names and addresses of the owner and
				  operator.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-4 - Written boating accident report; when required

Current through June, 2024
(a) Whenever
				  a recreational boating accident results in:
(1) loss of life or the disappearance of any
				  person;
(2) injury causing any
				  person to require medical treatment beyond first aid; or
(3) actual damage to any recreational vessel
				  or to any other property in excess of $2,000, then the operator of the vessel
				  shall submit within forty-eight hours of the happening thereof, and within
				  seven days of every other accident, a written report to the department on forms
				  furnished by the department which report must contain information as prescribed
				  in section
				  13-242-7.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-5 - Accident reports not public records

Current through June, 2024
(a) All written
				  reports required in section 13-242-4 to be forwarded to the department by
				  operators or owners of vessels involved in accidents shall be without prejudice
				  to the individual so reporting and shall be for the confidential use of the
				  department or other state or federal agencies having use of the records for
				  accident prevention purposes, except that the department may disclose the
				  identity of a person involved in an accident when the person is not otherwise
				  known or when the person denies presence at the accident.
(b) No written reports forwarded under
				  section 13-242-4 shall be used as evidence in any trial, civil or criminal,
				  arising out of an accident except that the department shall furnish upon demand
				  of any party to the trial, or upon demand of any court, a certificate showing
				  that a specified accident report has or has not been made to the department in
				  compliance with law, and, if the report has been made, the date, time and
				  location of the accident, the name and address of the operator, the owner of
				  the vessel involved, and the investigating officer. The reports may be used as
				  evidence when necessary to prosecute a violation of section 13-242-6.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-6 - False reports

Current through June, 2024
No person shall give information in oral or written
					 reports as required in this chapter knowing or having reason to believe that
					 such information is false.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-7 - Boating accident reports: contents

Current through June, 2024
(a) Written reports
				  of boating accidents submitted in accordance with section 13-242-4 shall be
				  submitted on forms furnished by the department and shall contain the following
				  information:
(1) The identity of vessels
				  involved.
(2) The locality where
				  the accident occurred.
(3) The time
				  and date when the accident occurred.
(4) Weather and water conditions at time of
				  accident.
(5) The name, address,
				  age, and vessel operating experience of the operator of the reporting
				  vessel.
(6) The names and addresses
				  of operators and identification of vessels or property involved.
(7) The names and addresses of the owners of
				  vessels or other property involved.
(8) The names and addresses of any person or
				  persons injured or killed.
(9) The
				  nature and extent of injury to any person or persons.
(10) A description of damage to property
				  including vessels and estimated cost of repairs.
(11) A description of the accident including
				  opinions as to the cause.
(12) The
				  length, method of propulsion, horsepower, fuel and hull material of the
				  reporting vessel.
(13) Names and
				  addresses of known witnesses.
(14)
				  Weather forecasts available to, and weather reports used by, the operator
				  before and during the use of the vessel.
(15) The availability and use of personal
				  flotation devices.
(16) The type
				  and amount of each fire extinguisher used.
(17) A description of each equipment failure
				  that caused or contributed to the cause of the casualty.
(18) The type of vessel operation (cruising,
				  drifting, fishing, hunting, skiing, racing, or other).
(19) The make, model, type of vessel (open,
				  cabin, house, or other), beam width at widest point, length, depth from transom
				  to keel, horse power, propulsion (outboard, inboard, inboard outdrive, sail, or
				  other), fuel (gas, diesel, or other), hull material (wood, steel, aluminum,
				  plastic, fiberglass, or other), and year built (model year), of the reporting
				  operator's vessel.
(20) The
				  manufacturer's hull identification number, if any, of the reporting operator's
				  vessel.
(21) Any other information
				  the department considers necessary.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-8 - Police reports of boating accidents

Current through June, 2024
Pursuant to section
					 200-27, Hawaii
					 Revised Statutes, for the purpose of enforcement, it shall be incumbent upon
					 the police chief of each political subdivision of the State to transmit to the
					 department a copy of every investigation report hereafter submitted by any
					 subordinate officers which relate to boating accidents involving vessels
					 required to be numbered pursuant to these rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-9 - Transmittal of statistical information

Current through June, 2024
In accordance with any request duly made by an authorized
					 official or agency of the United States, any information relating to boating
					 accidents compiled or otherwise available to the department pursuant to this
					 chapter shall be transmitted to the official or agency of the United
					 States.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-10 - Reporting nonresident boating accidents

Current through June, 2024
The department upon receiving a written boating accident
					 report, concerning a vessel numbered in another state which was involved in the
					 accident, is authorized to forward a certified copy of the report to the
					 boating administrator of the state wherein the vessel is
					 numbered.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-11 - Investigation of accidents by department

Current through June, 2024
The department may investigate any boating accident and
					 prepare a report which shall be for the confidential use of administrative and
					 enforcement agencies only, including but not limited to agencies of the United
					 States.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-12 - Boating accident records: held five years

Current through June, 2024
Records pertaining to any boating accident shall be
					 retained by the department for a period of five years. At the expiration of
					 five years the records shall be destroyed except in those instances where
					 litigation or other circumstances, considered reasonable by the department,
					 warrant retention for an additional period.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-14 - Enforcement personnel

Current through June, 2024
Pursuant to section
					 200-2,
					 Hawaii Revised Statutes, the chairperson of the board of land and natural
					 resources, officers and employees of the department designated by the
					 chairperson, and every state and county officer charged with the enforcement of
					 state laws, hereafter called enforcement personnel, shall enforce and assist in
					 the enforcement of chapter 200, Hawaii Revised Statutes and these
					 rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-15 - Stopping vessels for inspection

Current through June, 2024
For the purpose of enforcing chapter
					 200, Hawaii Revised Statutes, or
					 these rules, any person operating or in charge of a vessel on the waters of the
					 State shall stop the vessel after having been requested or signaled to do so by
					 an enforcement officer. The operator or the person in charge of the vessel and
					 any other person on board shall give their correct name and address, exhibit
					 the certificate of number awarded for the vessel, submit to a reasonable
					 inspection of the vessel and to a reasonable inspection and test of the
					 equipment of the vessel.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-16 - Termination of unsafe use

Current through June, 2024
If any enforcement officer observes a vessel being used
					 without sufficient lifesaving or firefighting or in an overloaded or other
					 unsafe condition, and in the officer's judgment the use creates an especially
					 hazardous condition, the officer may direct the operator to take whatever
					 immediate and reasonable steps would be necessary for the safety of those
					 aboard the vessel, including directing the operator to return to the vessel's
					 mooring and to remain there until the situation creating the hazard is
					 corrected or ended.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-17 - Powers of arrest

Current through June, 2024
An enforcement officer who observes any violation by any
					 person of chapter
					 200, Hawaii Revised Statutes, or of
					 these rules may forthwith arrest the person without a
					 warrant.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-18 - Citation of violation

Current through June, 2024
Except when required by state law to take immediately
					 before a magistrate a person arrested for a violation of these rules, any
					 person authorized to enforce these rules, hereinafter referred to as an
					 enforcement officer, upon arresting a person for violation of these rules
					 shall, in the discretion of the enforcement officer as provided in section
					 200-26, Hawaii
					 Revised Statutes, either:
(1) issue to
				  the purported violator a summons or citation, warning the violator to appear
				  and answer to charges at a certain place and at a time within seven days after
				  the arrest; or
(2) take the
				  violator without unnecessary delay before a magistrate.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-19 - Taking legal custody of the vessel or property

Current through June, 2024
As an incident to a lawful arrest, the arresting authority
					 may take legal custody of the vessel or any personal property which is the
					 subject of or related to any violation of chapter
					 200, Hawaii Revised Statutes, or of
					 these rules. In the event the operator or the person in charge of the vessel
					 refuses to obey the lawful command of an enforcement officer to navigate his
					 vessel back to shore, the vessel may be towed at the owner's risk and expense
					 and without liability to the department for any damages which may result. The
					 vessel or personal property shall be released according to
					 law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-20 - Attorney general

Current through June, 2024
The attorney general may bring appropriate proceedings to
					 enjoin the continuance of any act or omission in violation of the provisions of
					 chapter
					 200, Hawaii Revised Statutes, or of
					 these rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-21 - Records of conviction

Current through June, 2024
The department shall file all abstracts of records of
					 conviction received relating to violation of the state boating law, these
					 rules, federal laws or regulations governing vessel operations, from other
					 states or elsewhere and in connection therewith shall maintain convenient
					 records by name of the violator in order that the individual record of each
					 person convicted is readily ascertainable. The department shall retain the
					 abstract for a period of five years at which time it shall be
					 destroyed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-22 - Records furnished to courts

Current through June, 2024
The department shall, upon written request of a court,
					 furnish to the court a certified copy of the individual record of any
					 person.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 242 - ACCIDENTS, REPORTS, FINES, ENFORCEMENT AND RECORDS › Section 13-242-23 - Reporting nonresident convictions

Current through June, 2024
The department upon receiving a record of conviction in
					 the State of an operator of a vessel numbered in another state of any offense
					 of chapter
					 200, Hawaii Revised Statutes, or of
					 these rules, shall forward a certified copy of the record to the boating
					 administration of the state wherein the vessel is numbered.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 243 - VESSEL EQUIPMENT REQUIREMENTS › Section 13-243-1 - Equipment required by vessels on state waters

Current through June, 2024
(a) This
				  chapter applies to all vessels that are propelled or controlled by machinery,
				  sails, oars, paddles, poles, or another vessel, except Hawaiian design racing
				  canoes, racing shells, rowing sculls, and racing kayaks. Navigational lights,
				  sound producing devices, personal flotation devices, ventilation, backfire
				  flame control, and distress signals shall conform to the standards set forth in
				  U. S. Coast Guard Navigation Rules, COMDTINST M16672.2B, of August 17, 1990 and
				  as revised thereafter; U. S. Coast Guard Boating Standards Manual COMDTINST
				  M16761.2B, dated March 26, 1991 and as revised thereafter; 33 CFR Parts 175,
				  177, 181, and 183; and 46 CFR Part 25 as they existed on October 1, 1992 and as
				  revised thereafter. The standards above are incorporated in this chapter by
				  reference. Copies may be obtained from the 14th Coast Guard District. They are
				  also available for inspection at the Division of Boating and Ocean Recreation,
				  Department of Land and Natural Resources, 333 Queen St., Suite 300, Honolulu,
				  Hawaii.
(b) Notwithstanding the
				  exemptions outlined in subsection (a), no person shall operate or anchor
				  offshore a recreational vessel unless all children under the age of thirteen
				  wear a properly fitted personal flotation device whenever the vessel is
				  underway on the ocean waters or navigable streams of the state or when moored
				  or anchored offshore in a non-designated offshore mooring area, unless the
				  children are below decks or in an enclosed cabin.
(c) All thrill craft operators and passengers
				  shall be required to wear a personal flotation device when riding a thrill
				  craft.
(d) For purposes of this
				  section, the term "vessel," excludes surfboards.
(e) Fines and penalties shall be as provided
				  in sections
				  200-14,
				  200-14.5,
				  and
				  200-25, HRS.
				  Prosecution of offenders shall be as provided by law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 243 - VESSEL EQUIPMENT REQUIREMENTS › Section 13-243-2 - Marine sanitation devices

Current through June, 2024
All vessels on state waters and having a marine sanitation
					 device shall comply with 33 CFR Part 159.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 243 - VESSEL EQUIPMENT REQUIREMENTS › Section 13-243-3 - Liquified petroleum gas

Current through June, 2024
A vessel carrying passengers for hire on the waters of the
					 State may not use for heating, cooking or lighting, any liquified petroleum gas
					 or any of those inflammable liquids which are prohibited by federal regulations
					 or requirements.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 243 - VESSEL EQUIPMENT REQUIREMENTS › Section 13-243-4 - Mufflers

Current through June, 2024
A vessel propelled by an internal combustion engine shall,
					 when in operation, be equipped with an efficient muffler, underwater exhaust,
					 or other modern device in good working order and in constant operation capable
					 of adequately muffling the sound of the exhaust of the engine. An engine is
					 considered adequately muffled when the motor's exhaust at all times is muffled
					 or suppressed so as to not create excessive or unusual noise. The discharge of
					 cooling water through the exhaust of an inboard engine shall be considered an
					 adequate muffling device. The use of cutouts, or open exhaust stacks is
					 prohibited, except:
(1) For motorboats
				  competing in a race or regatta approved by the department or a federal
				  agency;
(2) While competing in
				  official trials for speed records; or
(3) For such vessels while on trial runs as
				  is incidental to the tuning up of the boats and engines.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-1 - Standard: due care

Current through June, 2024
Vessels shall at all times be operated with due care for
					 the rights and safety of persons and property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-2 - Rules of the road

Current through June, 2024
(a) Persons operating vessels on inland
				  waters shall comply with the U. S. Coast Guard Navigation Rules, COMDTINST
				  M16672.2B, as they existed on August 17, 1990, and as amended thereafter, which
				  by reference are incorporated in this chapter.
(b) Persons operating vessels on the high
				  seas shall comply with the U. S. Coast Guard Navigation Rules, COMDTINST
				  M16672.2B, as they existed on August 17, 1990, and as amended thereafter, which
				  by reference are incorporated in this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-3 - General prudential rule

Current through June, 2024
In obeying and construing the rules in this chapter, due
					 regard shall be had to all dangers of navigation and collision, and to any
					 special circumstances which may render a departure from the rules necessary in
					 order to avoid immediate danger.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-4 - Pamphlet - navigation rules

Current through June, 2024
All vessels over sixty-five feet in length upon the inland
					 waters of the State, where practicable, shall carry on board and maintain for
					 ready reference copies of the current edition of the U. S. Coast Guard
					 Navigation Rules, COMDTINST M16672.2B, as they existed on August 17, 1990, and
					 as amended thereafter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-5 - The rule of good seamanship

Current through June, 2024
Nothing in these rules shall exonerate any vessel, or the
					 owner or master, or crew, thereof, from the consequences of any neglect to
					 carry lights or signals or of any neglect to keep a proper lookout, or of the
					 neglect of any precaution which may be required by the ordinary practice of
					 seamen, or by the special circumstances of the case.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-6 - Distress signals

Current through June, 2024
(a) When a vessel
				  is in distress and requires assistance from other vessels or from the ocean,
				  the following shall be the signals to be used or displayed by the vessel,
				  either together or separately, namely:
(1) A
				  gun or other explosive signal fired at intervals of about a minute.
(2) A continuous sounding with any
				  fog-signaling device.
(3) Rockets
				  or shells, throwing red stars one at a time at short intervals.
(4) A signal made by radio telegraphy,
				  flashlight or any other signaling method consisting of group in the morse
				  code.
(5) A signal made by
				  radiotelephony consisting of the spoken word "MAYDAY".
(6) The International Code Signal of distress
				  indicated by November Charlie.
(7)
				  A signal consisting of a square flag having below it a ball or anything
				  resembling a ball.
(8) Flames on
				  the vessel (as from a burning oil barrel, bucket, etc.).
(9) A rocket parachute flare or a hand-held
				  flare showing a red light.
(10) A
				  smoke signal giving off a volume of orange-colored smoke.
(11) Standing in a conspicuous place on a
				  vessel and slowly and repeatedly raising and lowering arms outstretched to each
				  side, preferably with a bright object such as a white towel in each
				  hand.
(12) Display of a large flag,
				  bright orange in color, with a black ball and square superimposed.
(13) Dye marker on the water (any
				  color).
(14) An aerial flare (any
				  color).
(15)
				  Emergency-position-indicating radio beacon.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-7 - Careless operation

Current through June, 2024
No person shall operate any vessel in a careless or
					 heedless manner so as to be grossly indifferent to the person or property of
					 other persons, or at a rate of speed greater than will permit that person in
					 the exercise of reasonable care to bring the vessel to a stop within the
					 assured clear distance ahead.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-8 - Reckless operation

Current through June, 2024
No person shall operate any vessel in a willful or wanton
					 disregard for the safety of persons or property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-9 - Speed restrictions

Current through June, 2024
(a) The speed of
				  all vessels on the waters of the State shall be limited to a slow-no-wake speed
				  so as to create no wake of appreciable wave height, when within two hundred
				  feet of any:
(1) Shoreline;
(2) Float;
(3) Dock;
(4) Launching ramp;
(5) Congested beach;
(6) Swimmer;
(7) Diver's flag; or
(8) Anchored, moored or drifting
				  vessel.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-10 - Persons under the influence of intoxicating liquor

Current through June, 2024
(a)
				  No person who is under the influence of intoxicating liquor shall operate or be
				  in actual physical control of any vessel upon waters of the State.
(b) No owner of any vessel or any person in
				  charge or in control of a vessel shall authorize or knowingly permit the same
				  to be operated by any person who is under the influence of intoxicating
				  liquor.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-11 - Persons under the influence of drugs

Current through June, 2024
No person who is a habitual user of or under the influence
					 of any narcotic drug or who is under the influence of any drug to a degree
					 which renders that person incapable of safely operating a vessel shall operate
					 a vessel on the waters of the State. The fact that any person charged with a
					 violation of this section is or has been entitled to use the drug under the
					 laws of the State shall not constitute a defense against any charge of
					 violating this section.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-12 - Incapacity of operator

Current through June, 2024
No owner of any vessel or any person in charge or in
					 control of a vessel shall authorize or knowingly permit the same to be operated
					 by any person who by reason of physical or mental disability is incapable of
					 operating the vessel under the prevailing circumstances.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-13 - Interference with navigation

Current through June, 2024
(a) No person shall
				  operate any vessel in a manner which shall unreasonably or unnecessarily
				  interfere with other vessels or with the free and proper navigation of the
				  waterways of the State.
(b)
				  Anchoring under bridges or in restricted channels shall constitute such
				  interference if unreasonable under the existing circumstances.
(c) A motorboat underway shall keep out of
				  the way of a vessel engaged in fishing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-14 - Overloading

Current through June, 2024
No vessel shall be loaded with persons or cargo beyond its
					 safe carrying capacity taking into consideration weather and other existing
					 operating conditions. Capacity and loading of vessels shall be in conformance
					 with 33 CFR Part 183.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-15 - Overpowering

Current through June, 2024
No vessel shall be equipped with any motor or other
					 propulsion machinery beyond its safe power capacity taking into consideration
					 the type and construction of the vessel and other existing operating
					 conditions. Capacity and horsepower limitations shall be in conformance with 33
					 CFR Part 183.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-15.5 - Operation of power driven vessels

Current through June, 2024
(a) Any person
				  operating a power driven vessel on the waters of the State shall be required to
				  possess a certificate of completion from a National Association of State
				  Boating Law Administrators (NASBLA) approved course on the safe use and
				  operation of a power driven vessel that contains a component on Hawaii waters
				  approved by the department. Exempt from this requirement are persons who:
(1) Possess a valid merchant mariner
				  credential to operate a vessel issued by the United States Coast Guard pursuant
				  to 46 C.F.R. Part 10;
(2) Operate a
				  thrill craft in a cojnmercial thrill craft zone as authorized by the
				  State;
(3) Operate a motorboat that
				  is ten horsepower or less; or
(4)
				  Are on a voyage originating outside of the State and remain in the State less
				  than sixty calendar days.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-16 - Restricted areas

Current through June, 2024
No person shall operate a vessel within a water area which
					 has been clearly marked, in accordance with, and as authorized by, these rules
					 by buoys or some other distinguishing device as a bathing, swimming or
					 otherwise restricted area; provided that this section shall not apply in the
					 case of an emergency, or to patrol or rescue craft.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-17 - Riding on bow or gunwales prohibited

Current through June, 2024
No person operating a motorboat of twenty-six feet or less
					 in length shall allow any person to ride or sit on the gunwales thereof or on
					 the decking over the bow of the vessel while underway unless the motorboat is
					 provided with adequate guards or railing to prevent passengers from being lost
					 overboard. Nothing in this section shall be construed to mean that passengers
					 or other persons aboard a motorboat cannot occupy the decking over a bow of the
					 boat to moor the vessel or to cast off from a mooring, or for any other
					 necessary purpose.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-19 - Authorization required to hold regatta, marine parade, boat race or exhibition

Current through June, 2024
(a) Authorization
				  required; submission of application.
(1) Any
				  person or organization planning to hold a regatta or marine parade which, by
				  its nature, circumstances or location, will, introduce extra or unusual hazards
				  to the safety of persons or property on the waters-of the State shall submit an
				  application to the chairperson of the board of land and natural resources. No
				  person shall hold such a regatta or marine parade, unless the authorization of
				  the chairperson, has been secured, except that the chairperson's authorization
				  is not required if prior authorization has been secured from the United States
				  Coast Guard. Examples of conditions which are deemed to introduce extra or
				  unusual hazards to the safety of life include, but are not limited to: an
				  inherently hazardous competition, the....customary presence of commercial or
				  pleasure craft in the area, any obstruction of navigable channels which may
				  reasonably be expected to result, and the expected accumulation of spectator
				  craft.
(2) Where the events are to
				  be held regularly or repeatedly in a single area by an individual or
				  organization, the chairperson may, subject to conditions set from time to time
				  by the department, grant a permit for the series of events for a fixed period
				  of time, not to exceed one year.
(3) The application shall be submitted no
				  less than thirty days prior to the start of the proposed event.
(4) The application shall include the
				  following details:
(A) Name and address of
				  sponsoring organization.
(B) Name,
				  address, and telephone number of person or persons in charge of the
				  event.
(C) Nature and purpose of
				  the event.
(D) Information as to
				  general public interest.
(E)
				  Estimated number and type of watercraft participating in the event.
(F) Estimated number and type of spectator
				  watercraft.
(G) Number of boats
				  being furnished by sponsoring organization to patrol event.
(H) Time schedule and description of
				  events.
(I) A section of a chart or
				  scale drawing showing the boundaries of the event, various water courses or
				  areas to be utilized by participants, officials, and spectator craft.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-20 - Stolen or lost vessels

Current through June, 2024
(a) Police reports
				  pursuant to section
				  200-27, Hawaii
				  Revised Statutes. The police chief of each political subdivision of the State
				  shall transmit to the department a copy of every investigation report hereafter
				  submitted by subordinate officers which relate to theft, loss or recovery of
				  vessels required to be registered and numbered pursuant to section
				  200-31,
				  Hawaii Revised Statutes.
(b) Owner
				  reports to department. The owner of a vessel numbered in accordance with the
				  laws of the State which has been stolen, lost or embezzled may notify the
				  department of the theft or embezzlement, but in the event of an embezzlement
				  the owner may make the report to the department only after having procured the
				  issuance of a warrant for the arrest of the person charged with the
				  embezzlement. Every owner who has given such notice shall notify the department
				  of a recovery of the vessel.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-21 - Reporting vessels found

Current through June, 2024
Any person who finds a vessel which is adrift or has been
					 lost shall report the whereabouts of such vessel to the owner, to any police
					 officer or to the department at the earliest possible time.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-22 - Interstate boat compacts; reciprocal agreement and courtesy

Current through June, 2024
(a) Declaration of policy.
(1) As provided in section
				  200-30,
				  Hawaii Revised Statutes, it is the policy of the department to promote,
				  encourage and facilitate the fullest possible use of its waters and improve
				  boating safety by making and executing boat numbering, equipment or
				  accident-reporting reciprocal or proportional agreements, arrangements and
				  declarations with other jurisdictions, with respect to vessels principally used
				  in this and the other jurisdictions, thus contributing to the economic and
				  social development and growth of the State.
(2) A nonresident owner of any foreign vessel
				  may operate or permit the operation within the State of any such vessel meeting
				  the requirements of any reciprocity arrangements, agreements or declarations
				  made to carry out this section. This subsection shall not apply to a vessel
				  carrying freight or passengers for hire or to a vessel leased by an owner
				  engaged in the business of leasing vessels.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-23 - Manufacturer's or builder's hull identification number required

Current through June, 2024
(a) If a vessel contains a permanent
				  identification number placed thereon by the manufacturer thereof, the
				  manufacturer's hull identification number shall be used as the builder's hull
				  identification number. If there is no manufacturer's hull identification
				  number, or if the manufacturer's hull identification number has been removed or
				  obliterated or if the vessel is homemade, the department shall, upon a
				  prescribed application, assign a permanent hull identification number which
				  shall be used as the builder's hull identification number for the vessel, and
				  this assigned number shall be permanently affixed to or imprinted by the
				  applicant, at the place and in the manner designated by the department upon the
				  vessel for which the builder's hull identification number is
				  assigned.
(b) No vessel
				  manufactured after January 1, 1967 may be sold or offered for sale by any
				  person in the State unless such vessel has a hull identification number
				  regardless of whether assigned by the manufacturer or by the
				  department.
(c) Manufacturer's hull
				  identification numbers for vessels shall be clearly imprinted in the stern
				  transom, hull or other essential hull member near the stern by carving,
				  stamping, impressing or marking with pressure. In lieu of imprinting, the
				  manufacturer's hull identification number may be displayed on a plate in a
				  permanent manner. In addition to being permanent, the number shall be
				  accessible. If the hull identification number is displayed in a location other
				  than on or near the stern transom, the department must be notified by the
				  manufacturer as to such location.
(d) No person, firm, association or
				  corporation shall destroy, remove, alter, cover or deface the boat
				  manufacturer's hull identification number, or plate bearing the hull
				  identification number, or any hull identification number assigned by the
				  department on any vessel.
(e) No
				  person shall have possession of, buy, receive, sell or offer for sale, or
				  otherwise dispose of in the State a vessel, on which the manufacturer's or
				  assigned hull identification number has been destroyed, removed, covered,
				  altered, or defaced, knowing of the destruction, removal, covering, alteration,
				  or defacement of such manufacturer's or assigned hull identification
				  number.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-24 - Report required by boat builders and boat manufacturers

Current through June, 2024
All boat builders and boat manufacturers in the State
					 shall record with the department the name and address of their business or firm
					 and the name and address of the owner. They shall notify the department upon
					 termination of their business. The department shall maintain a record of boat
					 builders and boat manufacturers. No recording fee shall be
					 charged.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-25 - Report required by boat dealers

Current through June, 2024
All boat dealers in the State shall record with the
					 department the name and address of their place of business and the name and
					 address of the owner. They shall notify the department upon termination of
					 their business. The department shall maintain a record of boat dealers. No
					 recording fee shall be charged.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-26 - Boat liveries

Current through June, 2024
(a) Reports
				  required. All boat liveries shall record with the department the name and
				  address of their livery, the name and address of the owner and the number and
				  lengths of boats in use. The boat livery shall notify the department upon
				  termination of service. The department shall maintain a record of all boat
				  liveries. No recording fee shall be charged.
(b) Livery record. The owner of a boat livery
				  shall cause to be kept a record of the name and address of the person or
				  persons hiring any vessel, the identification number thereof, and the departure
				  date and time and the expected time of return. The record shall be preserved
				  for at least six months.
(c)
				  Responsibility for required equipment.
Neither the owner of a boat livery nor the owner's agent
					 or employees shall permit any hired vessel to depart from the owner's premises
					 unless it shall have been provided, either by the owner or renter, with the the
					 equipment required pursuant to chapter 13-243.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-27 - Department not to approve products of manufacturers

Current through June, 2024
The department will not endorse or approve the products of
					 any individual firm.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 2 - BOATING › Chapter 244 - RULES OF THE ROAD; LOCAL AND SPECIAL RULES › Section 13-244-29 - Makapuu ocean waters

Current through June, 2024
(a) Makapuu ocean
				  waters means the area confined by boundaries as shown on Exhibit J, entitled
				  "Makapu'u Ocean Waters", dated May 1, 2012, and located at the end of this
				  chapter, and also described as follows:
(1)
				  Beginning at a point being the mean high, water mark which is directly opposite
				  from 'the northeast corner of the Makapuu Beach Park building;
(2) In the Makapuu Point direction along the
				  mean high water mark to the tip of Makapuu Point; and
(3) Along a straight line connecting such
				  point described in paragraph (2) above to, and ending at, the point of
				  beginning.