HAR §19-14-4. Airport security

(a) Title 49, Code of Federal Regulations, Part 1542, requires that airport operators serving certificated air carriers using airplanes of more than 60 passenger capacity ensure that the operational area and other airport restricted areas be secure from entry by unauthorized persons. All entrances to the operational area and restricted areas are under the jurisdiction and control of the director and such airport tenants as may be authorized by the director. Individuals authorized to be in a restricted or operational area shall be responsible for immediately reporting any unauthorized persons or vehicles to the nearest airport security office. Failure to immediately report such unauthorized persons or vehicles shall result in revocation of the authorized individual's Airport Operational Area access badge. (b) Airport tenants that have leased areas on or bordering any restricted or operational areas shall ensure that all entrances within their leased area which afford access to and from such restricted or operational areas are secured. The airport tenant shall be held responsible for and shall pay any fines levied against the department, airports division or the airport by federal or state agencies for failure by the tenant to comply with federal or state security requirements and regulations concerning: 14-12 §19-14-4 (1) Unauthorized entry by persons or vehicles onto any restricted or operational area of a public airport through access gates or other openings situated on areas leased to or controlled by the airport tenant; or (2) An unsecured entry or entrance (door, gate or fence line) to any restricted or operational area of a public airport situated on areas leased to or controlled by the airport tenant. (c) Any person who is issued an Airport Operational Area access badge shall be responsible for its proper use and for paying any fines levied under these rules or by any federal or state agencies against the department, airports division or airport as a result of violations committed by that badgeholder or any person holding a temporary badge who is being escorted by that badgeholder. The following requirements shall apply: (1) No person shall cause or allow his or her badge to be used by any other individual for any purpose. (2) Multiple entry at accesses controlled by card readers shall not be permitted except as allowed in the Airport Security Program mandated by Title 49, Code of Federal Regulations, Part 1542. (A) No person shall enter an access point controlled by a card reader without first swiping his or her badge and entering his or her personal identification number (PIN). (B) Any person entering or exiting an access point controlled by a card reader shall be responsible for securing the gate or door to prevent anyone from making an unauthorized entry. (3) Badgeholders shall immediately notify the 14-13 §19-14-4 airport security office of any lost or misplaced badge. (4) Persons holding temporary badges shall be escorted by a badgeholder while in any operational or restricted area of a public airport and the badgeholder shall ensure that the persons with temporary badges being escorted remain under the badgeholder's continuous visual contact and the badgeholder shall at no time leave the persons with temporary badges unattended. (d) Airport tenants and permittees authorized by the director to conduct baggage pickup and delivery services, merchandise delivery services, or porter services shall be responsible for ensuring that all baggage, merchandise, and other articles delivered to the airport for airline passengers are physically and visually attended to and under the control of the tenant, permittee, or their authorized representative at all times until claimed by the passenger or accepted for check-in by the appropriate air carrier. An airport tenant or permittee shall be held responsible for and shall pay any fines levied against the department, airports division, or the airport by the federal or state government agencies for failure by the tenant, permittee, or their authorized representative to comply with federal or state requirements and regulations concerning baggage, merchandise, or other articles delivered to or picked up from the airport. (e) If any airport tenant or permittee, including any individual authorized to be in a restricted or operational area or possessing a valid Airport Operational Area access badge, violates any of the rules in this section, including, without limitation, failing to pay fines levied for violations or infractions of these rules, such individual, tenant or permittee shall be subject to one or more of the following penalties to be assessed by the director, at 14-14 2 S 5 0 §19-14-5 the director's sole discretion: (1) Cancellation of contract, or rental or lease agreement; (2) Revocation of permit or other right, privilege or authorization to use any public airport area; (3) Modification of applicable contracts, leases, agreements, permits, rights or other privileges, including the imposition of additional conditions and an increase in the fees, charges or other amounts payable to the department by the relevant airport tenant or permittee; or (4) Revocation of Airport Operational Area access badge. [Eff 8/10/81; am 3/26/90; am and comp 4/27/98; am and comp 4/17/00; comp 1/24/02; comF 4/27}07; am and comp APR l 7 2009 (Auth: HRS §261-12) (Imp: HRS §261-12)