HAR §19-13-2. Definitions

Unless the context clearly indicates otherwise, as used in this chapter: "Air carrier" means any person engaged for hire in the business of carrying passengers or cargo, or mail, by air. "Aircraft" means any and all airplanes, airships, dirigibles, helicopters, gliders, amphibians and seaplanes and any other contrivances now or hereafter used for the navigation of or flight in air space. "Aircraft parking and storage areas" mean any portion of a public airport, designated temporarily or permanently by the director, that may be used for the parking and storing of aircraft, for the servicing of aircraft with fuel, lubricants and other supplies and for the making of minor or emergency repairs to aircraft. "Cargo ramp and apron areas" means any portion of a public airport, designated temporarily or permanently by the director, that may be used for the loading and unloading of cargo, mail and supplies on or off aircraft; for the servicing of aircraft with fuel and lubricants; for the performing of the operations commonly known as "ramp service" for the performing of inspection, minor maintenance and other services upon or in connection with aircraft incidental to performing "ramp service," and for the parking of mobile equipment when actively used in connection with such operations. "Controlled airport" means any public airport at which there is a control tower which directs traffic movements within the operational area and in the air. "Department" means the department of transportation of the State. "Director" means the director of the department of transportation or his duly authorized representative. "Enforcement officer" means the director of transportation, officers and employees of the department of transportation, and every state and county officer charged with the enforcement of state laws and ordinances. "Jet-powered aircraft" means an aircraft powered by a jet engine. Turboprop-powered aircraft are not considered jet-powered aircraft for purposes of this chapter. "NOTAM" means the notices to airmen disseminated by the Federal Aviation Administration. "Operational area" means any portion of a public airport, from which access by the public is prohibited by fences or appropriate signs, and which is not leased or 13-2 §19-13-2 demised to anyone for exclusive use and includes runways, taxiways, all ramps, cargo ramps and apron areas , aircraft parking and storage areas, fuel storage areas, maintenance areas, and any other area of a public airport used or intended to be used for landing, takeoff or surface maneuvering of aircraft or used for embarkation or debarkation of passengers. "Operator" means the owner, pilot or driver of an aircraft, motor vehicle or motorless vehicle or any person who has rented or otherwise has the use of such aircraft motor vehicle or motorless vehicle for the purpose of operation by himself or his agents. "Passenger ramp and apron areas" means any portion of a public airport, designated temporarily or permanently by the director, that may be used for the loading and unloading of passengers, baggage, cargo, mail and supplies on or off aircraft; for the servicing of aircraft with fuel and lubricants; for the performing of the operations commonly known as "ramp service"; for the performing of inspection, minor maintenance and other services upon or in connection with aircraft incidental to performing "ramp service"; and for the parking of mobile equipment when actively used in connection with such operations. "Permission," "permit," "authorization" or "authorize" means written consent granted by the director, except verbal consent that may be granted under special circumstances where the obtaining of a written consent would not be practicable. "Person" means any individual, firm, partnership, co-partnership, corporation, trust, association, company, joint venture, or any other legal entity (including any assignee, receiver, trustee or similar representative thereof), or the United States of America or any state or political subdivision thereof, or any foreign government, or the United Nations. "Public airport" means any area of land or water under public or govenmental ownership or jurisdiction which is used, or intended for use, for the 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, together with all airport buildings and facilities located thereon; provided, that federally owned facilities shall be included in this definition only to the extent of their 13-3 2 44 0 ,. §19-13-2 demised to anyone for exclusive use and includes runways, taxiways, all ramps, cargo ramps and apron areas, aircraft parking and storage areas, fuel storage areas, maintenance areas, and any other area of a public airport used or intended to be used for landing, takeoff or surface maneuvering of aircraft or used for embarkation or debarkation of passengers. "Operator" means the owner, pilot or driver of an aircraft, motor vehicle or motorless vehicle or any person who has rented or otherwise has the use of such aircraft motor vehicle or motorless vehicle for the purpose of operation by himself or his agents. "Passenger ramp and apron areas• means any portion of a public airport, designated temporarily or permanently by the director, that may be used for the loading and unloading of passengers, baggage, cargo, mail and supplies on or off aircraft; for the servicing of aircraft with fuel and lubricants; for the performing of the operations commonly known as "ramp service"; for the performing of inspection, minor maintenance and other services upon or in connection with aircraft incidental to performing "ramp service"; and for the parking of mobile equipment when actively used in connection with such operations. "Permission, • "permit," "authorization" or "authorize" means written consent granted by the director, except verbal consent that may be granted under special circumstances where the obtaining of a written consent would not be practicable. "Person• means any individual, firm, partnership, co-partnership, corporation, trust, association, company, joint venture, or any other legal entity (including any assignee, receiver, trustee or similar representative thereof), or the United States of America or any state or political subdivision thereof, or any foreign government, or the United Nations. "Public airport" means any area of land or water under public or govenmental ownership or jurisdiction which is used, or intended for use, for the 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, together with all airport buildings and facilities located thereon; provided, that federally owned facilities shall be included in this definition only to the extent of their 13-3 2 44 0 §19-13-2 demised to anyone for exclusive use and includes runways, taxiways, all ramps, cargo ramps and apron areas , aircraft parking and storage areas, fuel storage areas, maintenance areas, and any other area of a public airport used or intended to be used for landing, takeoff or surface maneuvering of aircraft or used for embarkation or debarkation of passengers. "Operator" means the owner, pilot or driver of an aircraft, motor vehicle or motorless vehicle or any person who has rented or otherwise has the use of such aircraft motor vehicle or motorless vehicle for the purpose of operation by himself or his agents. "Passenger ramp and apron areas" means any portion of a public airport, designated temporarily or permanently by the director, that may be used for the loading and unloading of passengers, baggage, cargo, mail and supplies on or off aircraft; for the servicing of aircraft with fuel and lubricants; for the performing of the operations commonly known as "ramp service"; for the performing of inspection, minor maintenance and other services upon or in connection with aircraft incidental to performing "ramp service"; and for the parking of mobile equipment when actively used in connection with such operations. "Permission," "permit, " "authorization" or "authorize" means written consent granted by the director, except verbal consent that may be granted under special circumstances where the obtaining of a written consent would not be practicable. "Person" means any individual, firm, partnership, co-partnership, corporation, trust, association, company, joint venture, or any other legal entity (including any assignee, receiver, trustee or similar representative thereof), or the United States of America or any state or political subdivision thereof, or any foreign government, or the United Nations. "Public airport" means any area of land or water under public or govenmental ownership or jurisdiction which is used, or intended for use, for the 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, together with all airport buildings and facilities located thereon; provided, that federally owned facilities shall be included in this definition only to the extent of their 13-3 2 44 0 §19-13-2 use by non-military persons who hold a contract, lease, license, or other right granted by the department. [Eff 8/i0/81; am 9/18/87; am and comp 6/19/00; comp FEB ] 5 20021 (Auth: HRs §262-12) (Imp: HRS §261-12) §19-13-3 Uses and activities; prohibitions; restrictions; l imitations; requirements. (a) Aircraft operations. No person shall land, taxi or fly aircraft, or conduct any aircraft operations upon or from a public airport other than in conformity with Federal Aviation Regulations and this chapter. No experimental flight shall be conducted on, above, or in the vicinity of a public airport without the permission of the director. (b) Clearing runways. The operator of an aircraft landing at a public airport shall clear the active runway as expeditiously as possible. (c) Aircraft maintenance. Washing, cleaning and maintenance of aircraft shall be conducted only in areas designated for these purposes by the director. (d) Uses of designated areas. The use of any area of a public airport for any purpose other than the use designated by the director is prohibited. (e) Abandoned or unattended aircraft. Any aircraft abandoned or left unattended in any area at a public airport or which is parked in an unauthorized manner or area, may be removed and stored by the director at the owner's risk and expense, without liability on the part of the director for damages resulting from such moving and storing. Thirty days following such removal and storage, the director shall have the right to dispose of the aircraft in accordance with Act 25, Session Laws of Hawaii, 1981. (f) Removal of aircraft. Upon notification by the director, the operator of any aircraft parked or stored at a public airport shall move said aircraft from the place where it is parked or stored. If the operator refuses to comply with such order, the director may have the aircraft moved or cause to be moved at the owner's risk and expense and without liability for any damage which may result from such moving. (g) Aircraft accidents. No person shall disturb or remove aircraft wreckage or records unless permission is granted by the director after the director consults with 13-4 §19-13-2 use by non-military persons who hold a contract, lease, license, or other right granted by the department. [Eff 8[10/81; am 9/18/87; am and comp 6/19/00; comp FtB 15 20021 (Auth: HRS §262-12) (Imp: HRS §261-12) §19-13-3 Uses and activities; prohibitions; restrictions; limitations; requirements. (a) Aircraft operations. No person shall land, taxi or fly aircraft, or conduct any aircraft operations upon or from a public airport other than in conformity with Federal Aviation Regulations and this chapter. No experimental flight shall be conducted on, above, or in the vicinity of a public airport without the permission of the director. (b) Clearing runways. The operator of an aircraft landing at a public airport shall clear the active runway as expeditiously as possible. (c) Aircraft maintenance. Washing, cleaning and maintenance of aircraft shall be conducted only in areas designated for these purposes by the director. (d) Uses of designated areas. The use of any area of a public airport for any purpose other than the use designated by the director is prohibited. (e) Abandoned or unattended aircraft. Any aircraft abandoned or left unattended in any area at a public airport or which is parked in an unauthorized manner or area, may be removed and stored by the director at the owner's risk and expense, without liability on the part of the director for damages resulting from such moving and storing. Thirty days following such removal and storage, the director shall have the right to dispose of the aircraft in accordance with Act 25, Session Laws of Hawaii, 1981. (f) Removal of aircraft. Upon notification by the director, the operator of any aircraft parked or stored at a public airport shall move said aircraft from the place where it is parked or stored. If the operator refuses to comply with such order, the director may have the aircraft moved or cause to be moved at the owner's risk and expense and without liability for any damage which may result from such moving. (g) Aircraft accidents. No person shall disturb or remove aircraft wreckage or records unless permission is granted by the director after the director consults with 13-4 '., §19-13-2 use by non-military persons who hold a contract, lease, license, or other right granted by the department. [Eff 8/i0/81; am 9/18/87; am and comp 6/19/00; comp FEB ] 5 20021 (Auth: HRs §262-12) (Imp: HRS §261-12) §19-13-3 Uses and activities; prohibitions; restrictions; l imitations; requirements. (a) Aircraft operations. No person shall land, taxi or fly aircraft, or conduct any aircraft operations upon or from a public airport other than in conformity with Federal Aviation Regulations and this chapter. No experimental flight shall be conducted on, above, or in the vicinity of a public airport without the permission of the director. (b) Clearing runways. The operator of an aircraft landing at a public airport shall clear the active runway as expeditiously as possible. (c) Aircraft maintenance. Washing, cleaning and maintenance of aircraft shall be conducted only in areas designated for these purposes by the director. (d) Uses of designated areas. The use of any area of a public airport for any purpose other than the use designated by the director is prohibited. (e) Abandoned or unattended aircraft. Any aircraft abandoned or left unattended in any area at a public airport or which is parked in an unauthorized manner or area, may be removed and stored by the director at the owner's risk and expense, without liability on the part of the director for damages resulting from such moving and storing. Thirty days following such removal and storage, the director shall have the right to dispose of the aircraft in accordance with Act 25, Session Laws of Hawaii, 1981. (f) Removal of aircraft. Upon notification by the director, the operator of any aircraft parked or stored at a public airport shall move said aircraft from the place where it is parked or stored. If the operator refuses to comply with such order, the director may have the aircraft moved or cause to be moved at the owner's risk and expense and without liability for any damage which may result from such moving. (g) Aircraft accidents. No person shall disturb or remove aircraft wreckage or records unless permission is granted by the director after the director consults with 13-4 §19-13-3 the proper Federal authority except where necessary to give aid and assistance to persons injured or trapped in aircraft wreckage, or to protect such wreckage or records from further damage, or to protect the public from injury or death. (1) Disabled aircraft. Aircraft operators shall be responsible for the prompt removal of disabled aircraft and parts except as noted above. In the event of failure to comply, the director may remove the disabled aircraft, at the owner's risk and expense, at any location without liability for any damage which may result because of such removal or storage. (2) Accident reports. (A) The operator of any aircraft involved in an accident on or within a public airport and all persons involved in such accident shall provide their names and addresses and written report of the accident to the director as soon after the accident as possible. (B) In the event a written report of the accident is required by Federal regulations, a copy of that report may be provided to comply with this paragraph. ( h) Director's power to restrict aircraft operations. The director may close all or any portion of a public airport, prohibit or delay landings, takeoffs or any other operations or movement of aircraft at any time he deems such action is necessary in the interest of safety to persons or property. Notice and details of such action will be publicized through the control tower or through the issuance of appropriate NOTAMS. The director may deny the use of a public airport to any aircraft, operator , or pilot, violating or in violation of departmental or Federal rules and regulations. (i) No smoking. No persons shall smoke or carry a lighted cigarette, cigar, pipe, match, or any naked flame in or upon the operational area. (j) Non-payment of airport charges, fees, or rentals. The director may deny departure clearance to any aircraft owner or operator who has not made payment on charges incurred or owed to the State. [Eff 8/10/81; comp 6/19/09; comp FE B I 5 ZUiU2] (Auth: HRS §261-12) (Imp: HRS §261-12) 13-5 §19-13-3 the proper Federal authority except where necessary to give aid and assistance to persons injured or trapped in aircraft wreckage, or to protect such wreckage or records from further damage, or to protect the public from injury or death. (1) Disabled aircraft. Aircraft operators shall be responsible for the prompt removal of disabled aircraft and parts except as noted above. In the event of failure to comply, the director may remove the disabled aircraft, at the owner's risk and expense, at any location without liability for any damage which may result because of such removal or storage. (2) Accident reports. (A) The operator of any aircraft involved in an accident on or within a public airport and all persons involved in such accident shall provide their names and addresses and written report of the accident to the director as soon after the accident as possible. (B) In the event a written report of the accident is required by Federal regulations, a copy of that report may be provided to comply with this paragraph. (h) Director's power to restrict aircraft operations. The director may close all or any portion of a public airport, prohibit or delay landings, takeoffs or any other operations or movement of aircraft at any time he deems such action is necessary in the interest of safety to persons or property. Notice and details of such action will be publicized through the control tower or through the issuance of appropriate NOTAMS. The director may deny the use of a public airport to any aircraft, operator, or pilot, violating or in violation of departmental or Federal rules and regulations. (i) No smoking. No persons shall smoke or carry a lighted cigarette, cigar, pipe, match, or any naked flame in or upon the operational area. (j) Non-payment of airport charges, fees, or rentals. The director may deny departure clearance to any aircraft owner or operator who has not made payment on charges incurred or owed to the State. [Eff 8/10/81; comp 6/19/00; comp F£8 15 20UL] (Auth: HRS §261-12) (Imp: HRS §261-12) 13-5 §19-13-3 the proper Federal authority except where necessary to give aid and assistance to persons injured or trapped in aircraft wreckage, or to protect such wreckage or records from further damage, or to protect the public from injury or death. (1) Disabled aircraft. Aircraft operators shall be responsible for the prompt removal of disabled aircraft and parts except as noted above. In the event of failure to comply, the director may remove the disabled aircraft, at the owner's risk and expense, at any location without liability for any damage which may result because of such removal or storage. (2) Accident reports. (A) The operator of any aircraft involved in an accident on or within a public airport and all persons involved in such accident shall provide their names and addresses and written report of the accident to the director as soon after the accident as possible. (B) In the event a written report of the accident is required by Federal regulations, a copy of that report may be provided to comply with this paragraph. ( h) Director's power to restrict aircraft operations. The director may close all or any portion of a public airport, prohibit or delay landings, takeoffs or any other operations or movement of aircraft at any time he deems such action is necessary in the interest of safety to persons or property. Notice and details of such action will be publicized through the control tower or through the issuance of appropriate NOTAMS. The director may deny the use of a public airport to any aircraft, operator , or pilot, violating or in violation of departmental or Federal rules and regulations. (i) No smoking. No persons shall smoke or carry a lighted cigarette, cigar, pipe, match, or any naked flame in or upon the operational area. (j) Non-payment of airport charges, fees, or rentals. The director may deny departure clearance to any aircraft owner or operator who has not made payment on charges incurred or owed to the State. [Eff 8/10/81; comp 6/19/09; comp FE B I 5 ZUiU2] (Auth: HRS §261-12) (Imp: HRS §261-12) 13-5