Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 41 - RULES RELATING TO GENERAL PROVISION › Part 1 - COMMERCIAL HARBORS AND TARIFF › Section 19-41-2 - Definitions; general

Current through June, 2024
As used in this part, unless the context clearly indicates
					 otherwise:
"Abandoned vehicle" means any vehicle left unattended in a
					 vehicular parking area for more than seventy-two hours without permission from
					 the harbor master.
"Authorized emergency vehicle" means any vehicle of the
					 police and fire departments of the city and county of Honolulu, and the
					 counties of Maui, Hawaii, Kauai, or of a federal agency having similar
					 functions of law enforcement and fire protection; private vehicles owned by
					 police officers designated and approved by the chief of police of the
					 respective county to be used by the police officers in the performance of their
					 duties; and any federal, state, and county ambulance.
"Authorized tow vehicle" means any vehicle specially
					 constructed for towing vehicles, other than trucks and farm or road tractors,
					 which is designated as an authorized tow vehicle by the chief of police of the
					 respective county.
"Berth" means any place where a vessel is made fast to,
					 moored, anchored, laid alongside of, or docked at a pier, wharf, quay,
					 bulkhead, landing, dolphin, anchorage, mooring, or another vessel, in the shore
					 waters, navigable streams, harbors, ports, and roadsteads of the State.
"Cargo" means the load, freight, or burden of a vessel
					 exclusive of the vessel's stores, passengers, fuel, and ballast.
"Cargo storage charge" means a charge assessed for space
					 occupied by cargo at a wharf in areas pursuant to section
					 19-44-78. (As defined herein, the
					 term "cargo storage charge" is intended to be substantially equivalent to the
					 term "terminal storage" as set forth in 46 CFR 533.6(d)(5), as that term
					 existed on June 1, 1993.)
"Chief, harbors division" or "chief means the chief of the
					 harbors division of the department of transportation, and any person acting for
					 the chief under the chiefs authority.
"Container berth" means any berth at a state dock or pier
					 designated by the State for preferential use by vessels primarily loading or
					 unloading shipping devices.
"Container cargo" means any and all cargo carried and
					 contained in a shipping device.
"Curb loading zone" means a space adjacent to a curb
					 reserved for the exclusive use of vehicles during the loading or unloading of
					 passengers, materials, or freight.
"Demurrage" means a charge assessed against cargo and
					 shipping devices remaining on any portion of wharf, pier, or terminal area
					 after expiration of free time and for which no proper assignment of cargo
					 storage space has been made pursuant to section
					 19-44-78. (As defined herein, the
					 term "demurrage" is intended to be equivalent to the term "wharf demurrage" as
					 set forth in 46 CFR 533.6(d)(4), as that term existed on June 1, 1993.)
"Department" means the department of transportation of the
					 State of Hawaii.
"Diamond Head terminal container complex" means all the
					 land and improvements under the control of the department on the easterly side
					 of Honolulu Harbor entrance channel exclusive of pier 2, berths B and C, the
					 pier 2 transit shed and adjacent open storage areas, all as delineated by the
					 director.
"Director" means the director of the department of
					 transportation and any person acting for the director under the director's
					 authority.
"District manager" means any persons appointed to that
					 office by the director, and includes the district manager's authorized
					 representative. The district managers for the Hawaii, Maui, and Kauai districts
					 of the harbors division shall also be the harbor masters for the commercial
					 harbors within their respective districts.
"Division" means the harbors division of the department of
					 transportation of the State of Hawaii.
"Dockage" means the charge assessed against a vessel
					 (other than small craft which pay mooring fees) when:
(1) Berthed at or made fast to a wharf, dolphin, or other
					 structure; or
(2) Lying alongside of or tied up to a vessel which is made
					 fast to or is lying alongside of a wharf, dolphin, or other structure;
					 or,
(3) Not tied up to or lying alongside of a wharf but using
					 one by means of boats, rafts, lighters, or otherwise.
"Flammable liquid" means any liquid which burns or any
					 liquid which gives off flammable vapors (as determined by the Tagliabue open
					 cup tester, as used for test of burning oils) at or below a temperature of
					 eighty degrees Fahrenheit. "Free time" means that period of time allowed cargo
					 and containers to remain on any portion of a wharf, pier, or terminal area for
					 purposes of:
(1) Assembling and loading the same on board a vessel;
					 or
(2) Unloading the same from a vessel and enabling its
					 receipt at a wharf without assessment of demurrage or cargo storage charges.
"Gross receipts" means the aggregate amount of the gross
					 income and gross proceeds of sale derived from a trade or business wherein a
					 vessel is used in any manner to promote the trade or business, computed in
					 accordance with the provisions of Chapter
					 237, HRS, less commissions retained
					 by sales agents.
"HHMO" means the Honolulu harbor master's office.
"Harbor master", "commercial harbor manager", or "harbor
					 agent" means any person appointed to that office by the director and vested
					 with the operational control of a state commercial harbor. The responsibilities
					 of a harbor master, commercial harbor manager or harbor agent include, but are
					 not limited to, enforcing rules, mooring and berthing of ships, control of
					 water and air pollution in the harbor, orderly flow of cargo, allocation of
					 storage space, and the movement of vessels into, out of, and within the
					 harbor.
"Incoming domestic overseas cargo" means that incoming
					 cargo from any United States port (except inter-island cargo or intra-island
					 cargo as defined in this section) which does not require customs
					 clearance.
"Incoming foreign overseas cargo" means that incoming
					 cargo arriving from ports for which customs clearance is mandatory.
"Inter-island cargo" or "intra-island cargo" means
					 passengers or cargoes handled between wharves of the islands of Niihau, Kauai,
					 Oahu, Molokai, Lanai, Maui, Kahoolawe, and Hawaii. It does not include
					 passengers or cargoes in transit from an overseas port travelling between these
					 islands without intermediate off-loading to a wharf of one of these islands. It
					 does include passengers or cargoes from an overseas port which were off-loaded
					 at a wharf on one of these islands and is being transshipped to another wharf
					 on one of these islands.
"Inter-island vessel" or "intra-island vessel" means a
					 vessel predominantly used in the transporting of inter-island cargo or
					 intra-island cargo.
"Island agricultural products" means fresh agricultural
					 products grown in Hawaii, including but not limited to pineapple, sugar, fruits
					 and vegetables, coffee, hay, whole eggs, juices (not in retail can), macadamia
					 nuts, onions and potatoes, milk, livestock, meats and poultry, flowers, and
					 flowering and ornamental plants.
"Mooring" means a berth.
"Outgoing overseas cargo" means that outgoing cargo to any
					 United States port (except inter-island cargo or intra-island cargo as defined
					 in this section) or any foreign port.
"Outside berth" means a berth occupied by a vessel which
					 moors or makes fast to another vessel which is moored or made fast to a wharf,
					 dolphin, or other structure.
"Overall length of vessel" means the length of a vessel in
					 linear feet using whichever is greater of United States Customs House
					 measurements as they existed on June 1, 1993, Lloyd's Register measurements as
					 they existed on June 1, 1993, or the American Bureau of Shipping measurements
					 as they existed on June 1, 1993. When measurements are not available from these
					 registers, and not on vessel documents, the length will be determined by the
					 harbor master.
"Oversea" or "overseas" means any port or place not on one
					 of the following islands: Niihau, Kauai, Oahu, Molokai, Lanai, Maui, Kahoolawe,
					 and Hawaii.
"Parking" means the standing of a vehicle, whether
					 occupied or not, other than temporarily for the purpose of, and while actually
					 engaged in, loading or unloading of either freight or passengers.
"Parking meter" means a mechanical device located or
					 installed within or upon a curb, sidewalk area or parking area, which records a
					 certain number of minutes or hours, by the use of a time measuring device, for
					 which parking privileges have been extended to persons depositing money and
					 activating the device.
"Parking meter stall" means any stall which is within a
					 parking meter zone, adjacent to a parking meter and which is duly designated
					 for the parking of a single vehicle by lines painted or otherwise durably
					 marked on the curb or on the surface of the street or parking area adjacent to
					 or adjoining the parking meters.
"Part" means chapters 19-41 to 19-50, Hawaii
					 Administrative Rules.
"Passenger" means every person other than the master and
					 members of the crew or other persons employed on board a vessel in the business
					 of that vessel.
"Port entry fee" means the charge made against a vessel
					 upon entering a port to partially cover the expense of administering and
					 operating that port and maintenance of harbors, channels, berthing areas, and
					 basins.
"Rental" means the transaction by which space is held out
					 under an agreement for a negotiated or predetermined sum to be paid at fixed
					 intervals. Excluded from this definition are dockage, wharfage, moorage, etc.
					 Included are office space, storage space in sheds or open areas, parking stalls
					 or areas, locker space, etc.
"Rules" means the rules governing state commercial harbors
					 under the jurisdiction of the department, including but not limited to
					 Honolulu, Kewalo Basin, Barbers Point, Hilo, Kawaihae, Kahului, Kaumalapau (if
					 applicable), Kaunakakai, Nawiliwili, and Port Allen, and private installations
					 or construction within commercial harbor boundaries as set forth in this
					 part.
"Safety zone" means the area or space officially set apart
					 within a roadway for the exclusive use of pedestrians and which is protected or
					 so marked or indicated by adequate signs as to be plainly visible at all times
					 as being set apart as a safety zone.
"Sand Island terminal container complex" means all the
					 land and improvements under the control of the department on the northwest
					 quarter of Sand Island.
"Service boat" means a self-propelled small craft
					 commercially engaged to provide a function needed by the maritime community,
					 such as water taxi, diving platform, etc., operating within or in and out of a
					 harbor.
"Shipping device" means a non-self-propelled, rigid,
					 non-disposable, returnable, cargo-carrying device with or without wheels,
					 enclosed or otherwise and includes but is not limited to any container,
					 trailer, chassis, platform, specially constructed skid, pallet, mount, or
					 combination thereof, and which is designed to be transported integrally as one
					 unit directly and mechanically between vessels and piers so as to eliminate
					 intermediate rehandling and storage of cargo and having overall dimensions of
					 eight feet maximum width, thirteen feet six inches maximum height, and ten feet
					 minimum length.
"Smaller commercial vessels" means those vessels
					 sixty-five feet or more but less than three hundred feet long, or the metric
					 equivalent thereof, used for any commercial venture, including fishing,
					 charter, or cruise, but not engaged in overseas operations or in the
					 transporting of any overseas cargo.
"Stand" or "standing" means the halting of a vehicle,
					 whether occupied or not, other than for the purpose of, and while actually
					 engaged in, loading or unloading passengers, materials, or freight.
"State" means the State of Hawaii.
"State commercial harbor" or "state port" means a harbor
					 under the jurisdiction of the department which has been designated for trade
					 and other commercial activity and includes but is not limited to the following:
					 Honolulu, Kewalo, Barbers Point, Nawiliwili, Port Allen, Kahului, Kaumalapau
					 (if applicable), Kaunakakai, Kawaihae, and Hilo.
"State container freight station" or "SCFS" means an area
					 of state property, open or enclosed, paved or otherwise, designated for the
					 loading or emptying of cargo into or out of the shipping devices.
"State container yard" or "SCY" means an area of state
					 property designated for the marshalling and temporary storage of shipping
					 devices.
"Stop" means the complete cessation of movement.
"Stopping" means any halting, even momentarily, of a
					 vehicle, whether occupied or not, except when necessary to avoid conflict with
					 other traffic or in compliance with the directions of a police officer.
"Tanker" means a self-propelled cargo vessel, specially
					 designed and equipped with tanks for the transportation of oil, gasoline,
					 molasses, or other liquids, fluids, and free flowing materials, and which is
					 actually transporting therein fuel oil, diesel oil, lubricating oil, gasoline,
					 jet fuels, benzene, kerosene, naphtha, liquid propane gas (LPG), liquid natural
					 gas (LNG), or other flammable petroleum products or like products as
					 cargo.
"Tanker barge" means a cargo vessel that is not
					 self-propelled but is specially designed and equipped with tanks for the
					 transportation of oil, gasoline, molasses, or other liquids, fluids, and free
					 flowing materials, and which is actually transporting therein fuel oil, diesel
					 oil, lubricating oil, gasoline, jet fuels, benzene, kerosene, naphtha, liquid
					 propane gas (LPG), liquid natural gas (LNG), or other flammable petroleum
					 products or like products.
"Tankerlike vessel" means a cargo ship primarily designed
					 to carry ordinary freight but equipped with additional bunkers or compartments
					 in which it is actually transporting fuel oil, diesel oil, lubricating oil,
					 gasoline, jet fuels, benzene, kerosene, naphtha, liquid propane gas (LPG),
					 liquid natural gas (LNG), or other flammable petroleum products or like
					 products in excess of its own requirements.
"Ton", when used to compute wharfage or demurrage,
					 means:
(1) By weight, two thousand pounds;
(2) By volume, forty cubic feet;
(3) By board-foot measurement in case of lumber, four
					 hundred eighty board feet; or
(4) In metric system, 9072 metric ton.
"Tow zone" or "tow away zone" means any area where the
					 parking, stopping, or standing of vehicles is prohibited entirely or during
					 specific hours by the department.
"Traffic control device", "traffic control barricade", or
					 "traffic control signal" means every barrier, obstruction, or block placed upon
					 or across any road or sidewalk, or all signs, signals, pavement markings,
					 traffic cones, and devices placed or erected by the department for the purpose
					 of regulating, warning, guiding, or limiting the passage of vehicles or
					 pedestrians over any area under the jurisdiction of the department.
"Transshipment cargo" means cargo arriving and unloaded at
					 a wharf in this State for further shipment to its ultimate destination on, and
					 by terms of, a through bill of lading. Transshipment cargo is of the following
					 types:
(1) Overseas: from the United States to another country
					 through Hawaii, or from one country to the United States or another country
					 through Hawaii;
(2) Domestic: from the United States to one island port via
					 another island port or to the United States from one island port via another
					 island port; or
(3) Inter-island: from one island port to another via one
					 of the islands.
"Unit load" means a shipping device together with its
					 cargo not exceeding sixty thousand pounds overall weight. (Note: weight figures
					 used herein are for the purpose of reporting wharfage only. Compliance with
					 pier, highway, or equipment weight and height limitations must be met.)
"Vessel" means every description of watercraft used or
					 capable of being used as a means of transportation on water, including power
					 boats, ships, tugs, cruise boats, small craft, smaller commercial vessels,
					 sailing vessels, barges, scows, lighters, ferry boats, pleasure craft, floating
					 equipment, house boats, floating gear, and any and all other watercraft.
"Vessels under repair" means vessels undergoing major
					 repair. This does not include typical voyage repairs, preventive or routine
					 maintenance nor does it include periodic inspections by the U.S. Coast Guard,
					 the American Bureau of Shipping or other similar agencies. The repair envisaged
					 must be of sufficient magnitude to require the assistance of an outside
					 (independent) repair facility and should be documented by invoices or billings
					 to ships or agencies for the work performed.
"Wharf, "pier", or "terminal area" means any area of state
					 property set aside to the department by the governor pursuant to law and
					 devoted to servicing of vessels, including the receiving and discharging of
					 cargo and passengers from or onto vessels.
"Wharfage" means the charge or toll assessed against all
					 cargo and fuel:
(1) Passing or conveyed over, onto or under any wharf,
					 pier, or terminal area; or
(2) Passing or conveyed to or from a vessel while such
					 vessel is:
(A) Made fast to a wharf, pier, or terminal area; or
(B) Moored in any slip, channel, basin, or canal; or
(C) Made fast to another vessel which is made fast to a
					 wharf or moored in any slip, channel, basin or canal.
(Wharfage is solely the charge on cargo for the use of the
					 wharf, slip, channel, basin, or canal, and does not include charges for any
					 other activity or service.)
Definitions for handling, loading and unloading, usage,
						checking and heavy lift as set forth in 46 CFR 533.6(d) (6, 7, 8, 9, and 10)
						have not been included in these rules since such services are not provided by
						the department.