reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-1 - Definitions

Current through June, 2024
Unless the context indicates otherwise, as used in this
				  chapter:
"Department" means the state department of
				  transportation.
"Director" means the director of transportation or his duly
				  authorized representative.
"On-demand taxi service" means those taxi services in which
				  a customer has made no prior arrangement for services.
"Open-access taxi system" means a taxi system that will
				  allow all qualifying taxi drivers and vehicles to provide taxi service at
				  public airports.
"Public airport" or "airport" means any area of land and
				  water under state jurisdiction which is used, or intended for use, for landing
				  and taking-off of aircraft, and any appurtenant areas which are used, or
				  intended for use, for airport buildings or other airport facilities or
				  rights-of-way, including approaches, together with all airport buildings and
				  facilities located thereon.
"State" means the State of Hawaii.
"Taxi" or "taxicab" means the motor vehicle used to provide
				  taxi service in or at a public airport.
"Taxi driver" means the operator or driver of a taxi.
"Taxi driver authorization" means an authorization issued by
				  the director or taxi management concessionaire for the purpose of authorizing a
				  taxi driver to provide on-demand taxi service at a public airport, pursuant to
				  this chapter.
"Taxi management concessionaire" means the concessionaire
				  hired by the State to provide an open-access taxi system at a public
				  airport.
"Taxi service" means the service of providing a motor
				  vehicle for hire by the public in or at a public airport, which motor vehicle
				  shall have a driver other than the hirer and be used for the purpose of
				  transporting the hirer and incidental personal property to a destination over a
				  route controlled by the hirer and is subject to a metered rate or tariff as
				  prescribed and authorized by county ordinance or rules.
"Taxi vehicle permit" means a permit issued by the director
				  or taxi management concessionaire for the purpose of authorizing a motor
				  vehicle to be used in providing on-demand taxi service at a public airport,
				  pursuant to this chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-2 - Purpose

Current through June, 2024
The purpose of this chapter is to regulate the open-access
				  taxi system at public airports and to ensure safe, orderly and reliable taxi
				  service for the travelling public.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-4 - Airports without a taxi management concessionaire

Current through June, 2024
(a)
				At airports without a taxi management concessionaire, the following permit or
				authorization shall be obtained to provide on-demand taxi service at airports:
(1) No taxi shall be used to provide taxi
				service from a public airport without a taxi vehicle permit. The taxi vehicle
				permit shall be in the form of a vehicle decal, and issued by the director upon
				payment of the monthly or per trip fee and upon qualification of the vehicle as
				required by this chapter. The permit is limited only to the airport where
				issued, and is renewable on a monthly basis, upon payment of the appropriate
				fee. The permit shall not be assigned or otherwise transferred, and shall be
				prominently displayed while operating at the airport in a manner prescribed by
				the director.
(2) No taxi driver
				shall be allowed to provide taxi service from a public airport without having
				obtained the authorization of the director. The taxi driver authorization shall
				be in the form of a driver identification badge issued by the director and
				shall not be assigned or otherwise transferred. The driver identification badge
				shall be valid only at the airport where issued, and shall be worn while
				operating at the airport in a manner prescribed by the director. The driver
				shall pay a fee of $5 to the director for the cost of processing the initial
				application of the driver identification badge. The taxi driver identification
				badge shall be renewed annually.
(3) No permit shall be issued to an
				applicant, including existing authorized taxi vehicles and drivers, who are in
				arrears of payment of taxes, rent, or other charges to the state or political
				division or subdivision, agency, authority, commission or instrumentality
				thereof. An applicant shall meet the taxi driver qualification or taxi vehicle
				requirement standards as required by this chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-5 - Airports with a taxi management concessionaire

Current through June, 2024
(a) At
				airports with a taxi management concessionaire, the concessionaire shall
				develop an appropriate permitting system to quality taxi drivers and taxis, in
				accordance with section 19-38.1-6.
(1) No
				taxi shall be used to provide taxi service from a public airport without a taxi
				permit issued by the taxi management concessionaire.
(2) No taxi driver shall be allowed to
				provide taxi service from a public airport without having obtained the
				authorization of the taxi management concessionaire.
(3) No permit or authorization shall be
				issued to an applicant who is in arrears of payment of taxes, rent, or other
				charges to the state or political division or subdivision, agency, authority,
				commission or instrumentality thereof. An applicant shall meet the taxi driver
				qualification or taxi vehicle requirement standards as required by this
				chapter, as appropriate.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-6 - Taxi driver qualification: taxi vehicle requirements

Current through June, 2024
(a)
				No taxi driver shall be authorized to operate at a public airport without the
				necessary permits, licenses, approvals, qualifications, and certification
				required by this chapter or by the laws of the State or any other governmental
				body having the jurisdiction to regulate the operation of a motor vehicle or
				the carrying of baggage or people for hire on any vehicle in the
				State.
(b) With regard to
				qualifications, the taxi driver shall:
(1)
				Have a valid motor vehicle driver license issued by the State and evidence of
				having one year driving experience in the county in which the application is
				made;
(2) Be a citizen or alien who
				has been admitted for permanent residence or who has otherwise been granted
				employment authorization by the United States Immigration and Naturalization
				Services;
(3) Be at least 18 years
				of age;
(4) Not have outstanding
				arrest warrants or criminal convictions pending for offenses committed while
				driving intoxicated or recklessly;
(5) Not be addicted to the use of drugs or
				alcohol, and shall sign a form consistent with the Drug-Free Workplace
				Act;
(6) Be subject to background
				checks or clearances if required by Federal Motor Carrier Safety Regulations
				and applicable state statutes;
(7)
				Submit a certificate from a licensed physician indicating the applicant's
				condition as to visual acuity and hearing ability, and shall be, in the opinion
				of the physician, free of medical conditions that may render the driver unfit
				for the safe operation of a motor vehicle; and
(8) Pass a written examination, to be
				administered by the director or taxi management concessionaire in the English
				language, covering airport taxicab operations, vehicle safety procedures,
				applicable department's Motor Vehicle Safety Office and Hawaii Administrative
				Rules, local traffic laws, passenger courtesy and assistance procedures, public
				relations, and knowledge of major destinations in the county in which the
				application is made.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-7 - Taxi management concession

Current through June, 2024
The director may lease a concession area to a taxi
				  management concessionaire to provide an open access taxi system at a public
				  airport.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-8 - Insurance

Current through June, 2024
(a) As a condition for the issuance of a taxi
				vehicle permit, each taxi vehicle shall have liability and other insurance of
				the type and amount required for taxi license as required by the county in
				which the vehicle will be used for taxi service.
(b) In addition to motor vehicle liability
				insurance, the-taxi drivers issued a taxi driver authorization to participate
				in providing on-demand taxi services at public airports shall maintain and keep
				in force adequate comprehensive general liability insurance as determined by
				the director to provide coverage against claims arising out of the taxi
				driver's operations on airport premises for injury to persons or damage to
				property. This requirement may be satisfied by taxi drivers being party to a
				taxi concessionaire's or company's comprehensive general liability insurance
				policy.
(c) An applicant for a taxi
				vehicle permit or taxi driver authorization, shall provide the director or taxi
				management concessionaire with a certificate of insurance naming the applicant
				as the insured and the department and the taxi management concessionaire, when
				applicable, as additional insured under each insurance policy for coverage to
				individuals providing taxi service under this chapter. Certificates of
				insurance for each such policy shall be provided to the director or taxi
				management concessionaire within thirty days prior to commencing taxi service.
				The insurer shall provide certificates of insurance to the director or taxi
				management concessionaire within thirty days of any material changes to any
				policy including coverage and shall provide notification within thirty days of
				cancellation.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-9 - Signs

Current through June, 2024
No taxi vehicle used as a taxi at a public airport shall
				  display any sign that extends more than six inches above the roof. Flashing
				  lights and audible devices, other than that required by safety ordinances and
				  regulations, are prohibited. The external display of any rates or fees on a
				  taxi is also prohibited.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-10 - Taxi driver conduct

Current through June, 2024
A taxi driver who is issued a taxi driver authorization to
				  provide on demand taxi services at public airports shall:
(1) Be authorized to provide taxi service
				only in the area designated by the director who may change any designated area
				when such change is deemed necessary and is in the best interest of safety to
				persons and property;
(2) Maintain
				the designated taxi service area in a safe, clean and sanitary
				condition;
(3) Keep all taxis
				operated at any public airport in good mechanical condition, clean and suitable
				for providing taxi service (the department may prohibit the operation of any
				taxi unsuitable for providing taxi service);
(4) Furnish service on a fair, equal and
				nondiscriminatory basis to the public;
(5) Conduct business in. an orderly,
				courteous and businesslike manner;
(6) Present a clean and neat appearance at
				all times;
(7) Be suitably
				uniformed or clothed;
(8) Refrain
				from use of profanity, offensive or rough and disturbing behavior;
(9) Not solicit at public airports any
				gratuities or any other business not directly related to providing taxi service
				at a public airport;
(10) Upon
				finding lost or forgotten article in the taxi, report and turn the article over
				to the airport lost and found;
(11)
				At all times comply with all applicable laws, ordinances, terms or agreements,
				and rules and regulations; and
(12)
				Comply with instructions and procedures issued by the director or taxi
				management concessionaire regarding driver and vehicle identification
				requirements, fee payment process, and taxi operation pertaining to:
(A) Location of designated passenger pickup
				areas, taxi stands, taxi hold areas;
(B) Queuing procedures; and
(C) Operating routes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-11 - Indemnification and hold harmless

Current through June, 2024
Applicants for a taxi vehicle permit or taxi driver
				  authorization to provide on-demand taxi services at public airports shall
				  indemnify and hold harmless the director, department and the State from any
				  action or claim arising out of their use of the airport and operation of a taxi
				  service pursuant to this chapter. Failure to comply with the requirement of
				  this section shall be grounds for non-issuance of the taxi vehicle permit or
				  taxi driver authorization.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-12 - Severability

Current through June, 2024
The provisions of this chapter are declared to be severable
				  and if any portion or the application thereof is held to be invalid for any
				  reason, the validity of the remainder of this chapter shall not be
				  affected.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-13 - Enforcement

Current through June, 2024
This chapter may be enforced by police officers or any
				  person deputized pursuant to section
				  261-17,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-14 - Cumulative penalty

Current through June, 2024
In addition to the penalties provided in this chapter,
				  penalties for violations of this chapter shall be as set forth in section
				  261-21, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 2 - AIRPORTS DIVISION › Chapter 38.1 - ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS › Section 19-38.1-15 - Subordination to sponsor's assurance agreement

Current through June, 2024
A taxi vehicle permit or taxi driver authorization to
				  provide on-demand taxi service at a public airport shall be subordinate and
				  subject to the terms and conditions of any sponsor's assurance agreement
				  executed between the State and the United States of America, which is in force
				  during the term of the taxi vehicle permit or taxi driver
				  authorization.
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 19-41-1 - Scope

Current through June, 2024
These rules govern the 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, Port Allen, and any other harbor otherwise determined
					 to be under the jurisdiction of the department. All private installations or
					 construction within commercial harbor boundaries of the State shall also be
					 under the jurisdiction of the department.
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 19-41-4 - Delegation of authority

Current through June, 2024
The chief, harbors division, district managers, and the
					 harbor masters are the designated representatives of the department and of its
					 director and as such are delegated full authority to administer the rules of
					 the department and to establish procedures necessary for the efficient and safe
					 operation of the harbors within their respective
					 jurisdictions.
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 19-41-5 - Implied agreement

Current through June, 2024
The use of the commercial waterways and facilities under
					 the jurisdiction of the department of transportation shall constitute a consent
					 to the terms and conditions of these rules, and evidences an agreement on the
					 part of all vessels, their owners and agents, and other users of such waterways
					 and facilities to be governed by, and to pay all charges specified by, these
					 rules.
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 19-41-6 - Reports

Current through June, 2024
In order to ensure collection of the tariffs, tolls, and
					 fees due the State in accordance with these rules, the department may require
					 submission of reports by the agents or owners of vessels for which berthing or
					 other services have been provided, on forms furnished by the
					 department.
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 19-41-7 - Liability

Current through June, 2024
Agencies, masters, owners, operators, or charterers
					 loading or unloading at state wharves shall indemnify, defend, and save
					 harmless the department, its members, and employees from and against all
					 losses, claims, demands, and suits for damages, including death and personal
					 injury, and including court costs and attorneys' fees, incident to or resulting
					 from their operations on the property of the department and the use of its
					 facilities except where the department has been proven to be solely and legally
					 negligent.
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 19-41-8 - Standards

Current through June, 2024
Every vessel and all other personal property and
					 facilities at a state harbor shall be kept in such condition of repair,
					 maintenance, neatness, and orderliness so as not to constitute a common
					 nuisance, substantial danger to person or property, or obstruction to proper
					 public use.
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 19-41-9 - Storage

Current through June, 2024
No person shall store supplies, material, or equipment on
					 catwalks, piers, sidewalks, parking areas, or any other public area at a state
					 harbor, except:
(1) In areas set aside
				  by the department for storage purposes; or
(2) Upon prior consent by the
				  department.
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 19-41-10 - Special areas

Current through June, 2024
The department may designate areas to be used only for
					 specific purposes or operations, which shall be designated by appropriate
					 signs.
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 19-41-11 - Requests and complaints

Current through June, 2024
Requests and complaints on matters relating to these rules
					 shall be made in writing to the director.
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 19-41-12 - Enforcement and penalties

Current through June, 2024
These rules have the full force and effect of law pursuant
					 to sections
					 266-2,
					 266-3,
					 266-4, and
					 266-25,
					 Hawaii Revised Statutes. The enforcement of these rules shall also be pursuant
					 to the provisions of section
					 26-14.6,
					 Hawaii Revised Statutes. The violation of these rules shall be subject to
					 penalties as set forth in section
					 266-25,
					 Hawaii Revised Statutes, and the bail schedule for Harbors Division, Appendix
					 A, Bail Schedule for Commercial Harbor Offenses relating to violations of
					 chapter
					 266,
					 Hawaii Revised Statutes and Title 19.
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 19-41-13 - Severability

Current through June, 2024
The provisions of the rules in this part are declared to
					 be severable and if any portion or the application thereof to any person or
					 property is held invalid for any reason, the validity of the remainder of the
					 rules or application of the remainder to other persons shall not be
					 affected.
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 19-41-14 - Repeal

Current through June, 2024
Rules and Regulations and Tariff No. 4, relating to state
					 commercial harbors, effective July 1, 1974 as amended effective September 1,
					 1975, May 10, 1976, October 21, 1977, January 2, 1978, December 16, 1978, July
					 16, 1979, April 30, 1981, May 20, 1982, December 5, 1983, December 20, 1985,
					 November 7, 1991, and all other rules relating to state commercial harbors in
					 effect prior to the effective date of this part are repealed.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-1 - Harbor master; general authority

Current through June, 2024
(a) A master or
				  person in charge of any vessel, including small craft and smaller commercial
				  vessels, shall obey and carry into effect any orders given by the harbor master
				  relative to the method and manner of bringing vessels to anchorage, entering or
				  leaving a harbor, or coming alongside of or leaving any wharf and shall not
				  move or allow the vessel to be moved in, out, or within a harbor, or anchorage
				  without permission of the harbor master. Such permission will not be given
				  unless tugboat assistance, if required, is available and adequate for the safe
				  handling of the vessel. Unless expressly prohibited, the harbor master's
				  permission is not required for vessel movements at Kewalo Basin.
(b) The berthing of vessels, including small
				  craft and smaller commercial vessels at state-owned or state-controlled
				  facilities shall be in conformity with this part and where not covered by this
				  part at the discretion of the harbor master in a reasonable manner such as to
				  protect the public interest.
(c)
				  The master of every vessel and crew thereof, when requested by the harbor
				  master shall give and afford the harbor master all possible aid in the
				  performance of any of the harbor master's duties in relation to such
				  vessel.
(d) If there is no person
				  aboard a vessel with proper authority or if there is an insufficient number of
				  persons aboard such vessel or if the master and crew of a vessel refuse to aid
				  the harbor master in moving, pumping, mooring, or unmooring of such vessel when
				  so directed by the harbor master, the harbor master may pump, moor or unmoor,
				  place, or remove such vessel and may, if necessary, hire such assistance,
				  equipment, and tackle and purchase and put aboard such quantity of ballast as
				  seems requisite, all at the expense of the master, operators, charterers,
				  owners, or agents of such vessel. All such costs shall be paid to the
				  department before permission for departure is given. The department shall in no
				  way be liable for any damage or loss occurring to any vessel in consequence of
				  such proceedings except where the department has been proven to be legally
				  negligent.
(e) No person without
				  the consent of the harbor master shall cut or cast off any mooring lines, rope,
				  or tackle made fast or attached to any vessel, wharf, mooring, buoy, or other
				  place when the same has been fastened or attached by the harbor master or by
				  the harbor master's order.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-2 - Trying engine of vessels

Current through June, 2024
The engines of any vessel lying at any wharf in the
					 harbors under the jurisdiction of the department, including but not limited to
					 Nawiliwili, Port Allen, Honolulu, Barbers Point, Kewalo Basin, Kaumalapau (if
					 applicable), Kaunakakai, Kahului, Kawaihae, and Hilo shall not be tried except
					 by permission of the harbor master.
The speed of engines being tried shall not exceed the
					 speed of such engines when operated under a dead slow bell.
Any vessel trying its engines shall be held responsible
					 for any damage to wharves or vessels as the result of the trying of its
					 engines.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-3 - Anchors of certain vessels

Current through June, 2024
All vessels over three hundred gross tons and all foreign
					 vessels entering or leaving commercial harbors of the State shall have both
					 anchors clear and in readiness to let go if required.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-4 - Mooring lines from vessels

Current through June, 2024
No person shall make fast any rope or mooring lines from
					 any vessel, other than a small craft, to any wharf or part thereof except to
					 the mooring piles, bitts or cleats provided for that purpose.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-5 - Display light after sunset and gangway requirements for certain vessels

Current through June, 2024
All vessels over three hundred gross registered tons lying
					 alongside a wharf shall display a light visible from the harbor or fairway
					 during the period between sunset and sunrise.
All vessels over three hundred gross registered tons,
					 other than barges, shall have a safe and proper gangway to the wharf when lying
					 alongside a wharf.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-6 - Vessel arrival and departure schedules

Current through June, 2024
The master agent or owners of a vessel, other than small
					 craft, arriving at or departing from the harbors under the jurisdiction of the
					 department, including but not limited to Honolulu, Kewalo, Barbers Point,
					 Kaumalapau (if applicable), Kaunakakai, Hilo, Kawaihae, Kahului, Nawiliwili, or
					 Port Allen harbors shall provide to the harbor master as soon as practicable
					 all information necessary to effectively plan for vessel arrival and departure
					 scheduling purposes. The information shall include, but not be limited to the
					 hour of expected arrival and also that of expected departure, as well as the
					 type and tonnage of cargo to be loaded and off-loaded. In case of a change in
					 arrival or departure time, the harbor master shall be notified
					 immediately.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-7 - Removal of vessel, raft, log, or floating object causing damage to wharf

Current through June, 2024
No person shall cause or permit any vessel, raft, log, or
					 other floating object to come alongside of or to be moored to or near any wharf
					 in any manner that may cause damage to such wharf or to interfere with the use
					 of such wharf by others rightfully entitled to its use.
Where circumstances permit, the harbor master, if able to
					 ascertain the owner of the vessel, raft, log, or other floating object, shall
					 demand the removal of same by the owner.
Where circumstances require immediate removal of the
					 vessel, raft, log, or other floating object, the harbor master may remove such
					 offending items to some suitable place.
Inquiries concerning the removal of any such offending
					 items above mentioned shall be directed to the harbor master.
Where the removal involves a vessel falling under the
					 provisions of chapter
					 200, Hawaii Revised Statutes,
					 disposition of such vessel shall be made pursuant to chapter
					 200, HRS.
In all other cases and when in the opinion of the harbor
					 master, the offending items have no value, they may be destroyed or disposed of
					 in any manner.
The department shall not be responsible for loss or damage
					 to the items removed under this section.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-8 - Shipments of explosives and other hazardous materials

Current through June, 2024
Handling of shipments of explosives and other hazardous
					 materials as defined in Title 49, Code of Federal Regulations, as it existed on
					 June 1, 1993, shall be permitted only after a full compliance by shipper,
					 carrier, and terminal operator with all applicable rules and regulations
					 governing the packaging, marking, labeling, handling, and transporting of these
					 articles. (See also section
					 19-42-104.) Failure to comply with
					 the applicable regulations is a violation of section
					 19-42-15 and violators shall be
					 subject to the penalties provided in section
					 19-41-12.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-9 - Deposit required to guarantee payment for charges incurred by vessels

Current through June, 2024
Any agent, charterer, master, operator, or owner who
					 proposes to enter a vessel, other than a small craft, within the jurisdiction
					 of a state port and utilize any of the facilities of the department shall
					 deposit in cash or other legal tender, funds in an amount as determined by the
					 cognizant district manager as being sufficient to guarantee the payment of any
					 and all bills for normal charges incurred by, for, or on behalf of such vessel
					 or its cargo for a period of ninety days. This deposit will not be required for
					 those agents, charterers, masters, operators, or owners who are placed on the
					 harbors division approved credit list following submission of a written
					 application in which they agree to:
(1) Ensure payment of any and all bills for
				  normal charges incurred by, for, or on behalf of such vessel or its cargo (for
				  agents, only during the period while so engaged as the vessel's
				  agent);
(2) Provide a bond or
				  irrevocable letter of credit from a bank doing business in Hawaii equivalent to
				  the amount of expected charges to be incurred within a ninety-day period. This
				  requirement is waived for those who have maintained a satisfactory payment
				  record with the State for the immediate preceding two-year period;
				  and
(3) Pay interest at the rate of
				  one percent per month and a delinquent account service charge on payments which
				  are delinquent in accordance with section 19-44-6. In this regard the following
				  is applicable:
(A) Any invoice unpaid for a
				  period of thirty calendar days from the date of invoice is
				  delinquent.
(B) Wharfage is
				  delinquent forty-five days after date of completion of handling cargo over
				  state wharves for the particular voyage.
(C) Wharfage reports which are submitted on a
				  monthly basis, in accordance with section 19-44-61(c), are delinquent fifteen
				  days after the last day of the month being reported.
(D) Demurrage charges collected and to be
				  remitted in accordance with section 19-44-84 will become delinquent thirty days
				  after the close of the month during which such demurrage was collected. The
				  department shall strike from the credit list those agents, charterers, masters
				  or owners who become delinquent for three successive months except in cases
				  where a bona fide dispute is being negotiated. Any person registered with the
				  department as a boat owner is held accountable for any acts of commission or
				  omission involving that boat owner's small craft and for the prompt payment in
				  full of all fees and charges due the State.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-10 - Performance bond required of idle vessel

Current through June, 2024
Before being allowed entry into a state commercial harbor
					 an owner of an idle vessel, not actively engaged in commerce, shall post a
					 performance bond issued by a firm doing business in Hawaii guaranteeing the
					 vessel's removal from the harbor by a specified date. This bond shall be for an
					 amount equal to ten percent of either the value of the vessel and its cargo as
					 appraised by a competent marine surveyor or the estimated costs to be incurred
					 to remove and dispose of the vessel, whichever is greater. The appraisals shall
					 be obtained at the expense of the owner of the vessel.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-11 - Agents for vessel; liability for fees

Current through June, 2024
Any owner, master, operator, agent, charterer,
					 partnership, trust, corporation, or individual who is duly accredited with the
					 department and purports to act for a vessel by telephoning or otherwise
					 communicating with the department in behalf of a vessel assumes responsibility
					 for all sums due the State in accordance with the fee schedules as set forth in
					 these rules and for timely submission of required department reports on forms
					 provided by the department for that vessel and its cargo as well as for any
					 barge and its cargo as well as for any barge and its cargo which the vessel may
					 have in tow. For agents, this applies only for the period they are engaged as
					 agents for the vessel. If an agent is dismissed from representing a vessel, the
					 agent shall notify the harbor master's office within two working days. Agent
					 shall remain responsible for the provisions of this section until such notice
					 is given and acknowledged.
Whenever any vessel under the terms of these rules shall
					 become obligated to pay any sum of money for any purpose whatsover, the owner,
					 charterer, agent, master, operator, possessor, and person in whose service the
					 vessel is operated or maintained shall be jointly and severally liable for the
					 payment of such sums.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-12 - Damage to state property

Current through June, 2024
The person, or persons, responsible for, and the person or
					 persons to whom a wharf, facility, or other state property may be assigned, or
					 by whom it is being used, and the master, owner, operator, or agent of any
					 vessel, vehicle, or other instrumentality involved in any damage to such state
					 properties or facilities, in excess of fair wear and tear shall promptly give a
					 full report thereof to the appropriate harbor master, giving the date and hour
					 the damage occurred, the names and addresses, or, if unknown, a description of
					 witnesses and other persons, vessels or instrumentalities involved in the
					 damage, as well as all other pertinent facts and information that may be
					 available. Refusal, neglect, or failure to make or give any damage report shall
					 subject a person to applicable penalties under these rules, including section
					 19-42-1. The State may also refuse
					 the use of any wharf or facility until the report has been
					 received.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-13 - Responsibility for repair of damage to state property

Current through June, 2024
Any person responsible for damage to state property shall
					 make repairs in accordance with state specifications. Failure to do so shall
					 result in the State effecting the repairs at the expense of the responsible
					 party or parties.
See §
												19-44-9.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-14 - Inspection of vessels

Current through June, 2024
The director and such other persons as the director may
					 designate may enter upon and inspect any vessel using state facilities or upon
					 any premises rented or leased from the department for the purposes of either
					 ascertaining the kind and quantity of cargo thereupon or to insure the safety,
					 welfare, and health of the general public.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-15 - Compliance with federal state, and county laws, ordinances, and rules

Current through June, 2024
Use of state harbors and harbor facilities is subject to
					 compliance with all applicable federal, state, or county laws, ordinances,
					 rules, and regulations. Particular attention is directed to:
(1) Rules of the United States Public Health
				  Service and of the state department of health, relating to the use of rat
				  guards, and other measures required to prevent rodents from leaving the
				  vessel.
(2) Rules of the state
				  department of health pertaining to air and water pollution.
(3) Rules of the fire department of each
				  county.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-16 - Citation for violation

Current through June, 2024
Citations issued pursuant to section
					 266-24.1,
					 Hawaii Revised Statutes, to a commercial firm for violation of this part may be
					 issued to any agent, officer, or manager of the firm.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-17 - Suspension of loading or unloading operation

Current through June, 2024
Suspension of any loading or unloading operation may be
					 ordered when in the opinion of the chief, district manager, harbor master,
					 commercial harbor manager, or harbor agent, such suspension is necessary to
					 insure the safety, health and welfare of the public.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 1 - GENERAL PROVISIONS › Section 19-42-18 - Requirement for a local, 24-hour point of contact

Current through June, 2024
Vessel booking agents must ensure the availability of an
					 individual designated as the 24-hour point of contact representative in
					 writing, should the need arise to make and implement operational decisions on
					 short notice. This local representative must be present on Oahu if the vessel
					 is on Oahu during the entire period of time the vessel is within the
					 jurisdiction of a state harbor and must have the authority to speak for and act
					 on behalf of the owner, charterer, or operator of the vessel. If the vessel is
					 at a neighbor island, the local representative must be available to go to the
					 neighbor islands as required where the vessel is at a neighbor island harbor
					 and has no local vessel booking agent.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 2 - SMALL CRAFT AND SMALLER COMMERCIAL VESSELS › Section 19-42-21 - Priorities for berths and moorings

Current through June, 2024
The department shall allocate small craft and smaller
					 commercial vessel berths and moorings in state commercial harbors in order to
					 promote the maximum safe, convenient, and efficient utilization of the
					 facilities, in the following priorities:
(1) Kewalo Basin
(A) Public Utilities Commission licensed
				  operators.
(B) Charter or cruise
				  boats have priority in the assignment of berths along the front of Kewalo Basin
				  paralleling Ala Moana Boulevard and all berths at Pier A.
(C) Commercial fishing boats have priority in
				  the assignment of all other berths in Kewalo Basin. If any of these berths are
				  empty, and if there are no commercial fishing boats on the waiting list,
				  charter, cruise or other commercial boats may be given a temporary mooring in
				  these berths; however, charter or cruise boats with temporary mooring permits
				  will be displaced by commercial fishing boats applying for regular mooring
				  permits.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 2 - SMALL CRAFT AND SMALLER COMMERCIAL VESSELS › Section 19-42-22 - Vessel moored without authorization, unlawful; removal

Current through June, 2024
It shall be unlawful to make fast to, moor, dock or anchor
					 at, or lay alongside any state-owned or controlled pier, wharf, quay, bulkhead,
					 landing, dolphin, mooring, or other moored vessel in commercial harbors of the
					 State without the specific authorization of the harbor master, commercial
					 harbor manager, or harbor agent who has jurisdiction over the facility.
Removal of any offending vessel shall be accomplished in
					 accordance with these rules.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 2 - SMALL CRAFT AND SMALLER COMMERCIAL VESSELS › Section 19-42-24 - Assignment and reassignment of moorings

Current through June, 2024
Reassignments may also be made within the same harbor if a
					 vessel's size in relationship to the size of the assigned berth does not permit
					 maximum and efficient public utilization of harbor facilities or if a
					 reassignment in any other manner permits maximum and efficient public
					 utilization of harbor facilities.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 2 - SMALL CRAFT AND SMALLER COMMERCIAL VESSELS › Section 19-42-25 - Use permits; types

Current through June, 2024
Use permits may be issued for the following respective
					 uses:
(1) Mooring permit. A use permit
				  authorizing the docking, mooring, or anchoring of a vessel at a state
				  commercial harbor.
(A) Regular mooring
				  permit. A use permit which on the date of issuance authorizes the permittee to
				  moor a vessel in a harbor for a period of one year.
(B) Temporary mooring permit. A nonrenewable
				  use permit which on the date of issuance authorizes the permittee to moor a
				  vessel in a harbor for a period of thirty days or less as specified in the
				  permit.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 3 - HARBORS DIVISION › Chapter 42 - VESSEL AND HARBOR CONTROLS › Subchapter 2 - SMALL CRAFT AND SMALLER COMMERCIAL VESSELS › Section 19-42-26 - Original application for use permit

Current through June, 2024
Any interested person or corporation may apply for a use
					 permit by completing in full the application provided for that purpose. In the
					 case of a corporation, partnership, association, or other group however
					 organized, evidence of corporate organization must be submitted by producing a
					 current general excise tax license, and articles of incorporation registered
					 with, approved and issued by the department of commerce and consumer
					 affairs.
Applications for use permits shall be valid for one year.
					 Applicants may apply for any one or more of the various types of use permits.
					 Separate waiting lists may be maintained for each type of permit or
					 berth.
In addition, for Kewalo Basin, an applicant for a mooring
					 permit must state the activity in which the applicant's vessel is intended to
					 be employed. A separate application shall be made for each such use or activity
					 and a separate waiting list will be maintained for each activity.
A fee for each original application in each waiting list
					 category shall be levied by the department.
Since berths are assigned on a best usage basis the length
					 overall of the vessel for which a permit is being applied must be stated on the
					 application. If the precise length is not known at the time of application the
					 applicant will be allowed to deviate five feet from the stated length.
Should the applicant desire to change the declared length
					 of the applicant's vessel as shown on the application, the applicant's
					 seniority shall be determined by the date the change is made.