HAR §13-251-34. Insurance requirements

A registration certificate and/or commercial use permit are subject to the insurance requirements of section 13-231-65. [Eff and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200- 2, 200-4, 200-9, 200-10, 200-22, 200-24) §13-251-35 Reissuance of a registration certificate and/or commercial use permit. (a) The department may reissue a registration certificate and/or commercial use permit provided that: (1) The gross receipts during the 12 month period under the registration certificate and/or commercial use permit for which the application for reissuance has been submitted, equals or exceeds the following minimums as applicable: 251-11 Unofficial Compilation (A) Catamarans used for bare boat (demise) charters and charter sail boats $7,000 (B) Catamarans with a registration certificate and/or commercial use permit by the State or documented by the U. S. Coast Guard to carry six passengers or less, including charter fishing boats $15,000 (C) Catamarans certified by the U. S. Coast Guard to carry seven to twenty-six passengers $45,000 (D) Catamarans certified by the U. S. Coast Guard to carry twenty-seven to forty-nine passengers $85,000 (E) Catamarans certified by the U. S. Coast Guard to carry fifty to ninety- nine passengers $125,000 (F) Catamaran certified by the U. S. Coast Guard to carry more than ninety- nine passengers $250,000 (G) Vessels engaged in another trade or business not delineated and governed by an appropriate paragraph above $7,000; or (2) The registered certificate holder and/or commercial use permittee applies to the department in writing for reissuance of the registration certificate and/or commercial use permit and concurrently presents evidence that any failure to generate gross 251-12 Unofficial Compilation receipts from the operation of the catamaran as prescribed in this subsection was due to: (A) The sinking, loss, or destruction of the catamaran; (B) The catamaran being inoperative in excess of 60 days due to disability of the registered certificate holder and/or commercial use permittee; (C) The catamaran was rendered inoperative in excess of 60 days due to damage to the catamaran, or due to the necessity of replacing essential parts and gear, provided that reasonable and diligent efforts to secure such items necessary to repair the catamaran or replace parts, is demonstrated to the satisfaction of the department; or (D) Where conditions and circumstances are demonstrated wherein a reissuance of the registration certificate and/or commercial use permit would be fair and warranted, and the application for reissuance is approved by the department; and (3) All fees and charges due and payable to the department have been paid and no violations are outstanding. (b) No registration certificate and/or commercial use permit whose registration certificate and/or commercial use permit has been terminated for cause shall be reissued; provided that the registered certificate holder and/or commercial use permittee may apply for, but not be automatically entitled to, a new registration certificate and/or commercial use permit after one year has expired from the date of termination of the registration certificate and/or commercial use permit, all fees and charges owing the State have been paid, and the registered certificate holder and/or commercial use permittee is in compliance with federal and state laws. (c) A corporation or other business entity must have been in continuous commercial operation as 251-13 Unofficial Compilation evidenced by the submission of monthly reports of gross receipts for a minimum of 12 months in order to retain their registration certificate and/or commercial use permit upon the transfer of any interest in that corporation or other business entity and fee amounts in accordance with section 13-253-1 are paid. (d) No reissuance of a registration certificate or commercial use permit may be denied for a catamaran operating in Waikiki ocean waters without a prior hearing held in accordance with Chapter 91, Hawaii Revised Statutes. [Eff and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) 251-14 Unofficial Compilation SUBCHAPTER 5 WAIKIKI AND KAANAPALI CATAMARANS §13-251-36 Application for a catamaran registration certificate and/or commercial use permit. (a) No person shall offer for hire, navigate, operate, or sail a catamaran on Waikiki or Kaanapali ocean waters and beach without either a registration certificate or a commercial use permit; (b) The registration certificate and/or commercial use permit shall be initiated by the owner upon appropriate forms furnished by the department in accordance with those procedures that the department may reasonably prescribe. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-9, 200- 10, 200-22, 200-24) §13-251-37 Grounds for refusing an application for a registration certificate and/or commercial use permit. (a) The department shall refuse a registration certificate and/or commercial use permit, or any transfer of registration certificate and/or commercial use permit, upon a finding that: (1) The application contains any false or fraudulent statement, the applicant has failed to furnish required information or reasonable additional information requested by the department, or the applicant is not entitled to a registration certificate and/or commercial use permit under this subchapter; (2) The catamaran is unsafe to be operated upon the Waikiki or Kaanapali ocean waters; (3) The registration certificate and/or commercial use permit of the catamaran stands suspended or revoked for any reason as provided in this subchapter; (4) The required fee has not been paid; 251-15 Unofficial Compilation (5) Any catamaran: (A) Engaged in carrying more than six passengers does not have a valid Coast Guard certificate of inspection; or (B) Engaged in carrying six or less passengers does not have a record of a condition survey, by a marine surveyor as defined in section 13-231-45, undertaken within ninety days prior to application for registration or renewal of registration, attesting that the vessel: (i) Is in good material and operating condition; (ii) The minimum required Coast Guard safety equipment is on board; (iii)The catamaran is suitable to carry passengers in Waikiki or Kaanapali ocean waters while being propelled solely by sail; (6) The catamaran cannot be safely navigated in Waikiki or Kaanapali ocean waters, as appropriate, while being propelled by sail only; (7) The catamaran is equipped with auxiliary mechanical propulsion machinery using a propeller but does not have a propeller guard installed on the vessel or a captain or crew member designated to be a look-out to ensure public safety approved by the department; (8) The catamaran: (A) Is more than fifty feet in length for Waikiki ocean waters operation; (B) Is more than sixty-five feet in length for Kaanapali ocean waters operation; or (C) Has a passenger capacity of more than forty-nine passengers; (9) The applicant for a catamaran registration certificate and/or commercial use permit holds a valid registration certificate 251-16 Unofficial Compilation and/or commercial use permit issued by the department in accordance with this subchapter for another catamaran authorized to be used on Waikiki or Kaanapali ocean waters as applicable; (10) The owner has not furnished proof of financial responsibility as prescribed in this subchapter; (11) The owner of a catamaran holds a valid registration certificate and/or commercial use permit issued by the department in accordance with this subchapter for another catamaran authorized to be used on Waikiki or Kaanapali ocean waters, as applicable; or (12) Any other grounds provided by this subchapter warrants refusal of the registration certificate and/or commercial use permit or transfer of registration and/or commercial use permit. (b) The department shall notify the owner in writing of the refusal. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-9, 200- 10, 200-22, 200-24) §13-251-38 Registration certificate and/or commercial use permit indices. (a) The department shall receive an application for a registration certificate and/or commercial use permit for catamarans and when satisfied with the accuracy, validity and regularity thereof, shall provide a registration certificate and/or commercial use permit for the catamaran and keep a record of that registration certificate and/or commercial use permit. (b) The total number of valid catamaran registration certificates and/or commercial use permits issued under this subchapter shall be issued according to section 13-251-51. (c) An owner may apply for a future vacancy, as prescribed in section 13-251-52, if registration certificates and commercial use permits continue to be 251-17 Unofficial Compilation issued. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) §13-251-39 Department to issue registration certificate and/or commercial use permit. The registration certificate and/or commercial use permit shall be issued to the owner, and shall contain the date issued, the name and address of the owner, the number or other identification, and the description of the catamaran as determined by the department. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200- 4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) §13-251-40 Registration certificates and/or commercial use permits to be exhibited upon demand. Registration certificates and/or commercial use permit shall be shown upon demand of a law enforcement officer, lifeguard, or an authorized representative of the department. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200- 24) (Imp: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) §13-251-41 Identification of catamarans with a registration certificate and/or commercial use permit. A name, or number, or both, prescribed by law or adopted by the owner with prior approval of the department shall be painted on, or attached to each side of the bow of each catamaran registered and/or commercial use permitted by the department, in a manner prescribed by the department and in a color which contrasts with the background in order that the name, or number, or both, may be completely visible and legible. Any lettering shall be no less than three inches in height. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 251-18 Unofficial Compilation 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-9, 200- 10, 200-22, 200-24) §13-251-42 Expiration of registration certificate and/or commercial use permit. Every catamaran registration and/or commercial use permit under this part shall expire: (1) One year after the effective date of the registration certificate and/or commercial use permit; or (2) When ownership has been transferred except as provided in section 13-251-45. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200- 24) (Imp: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) §13-251-43 Application for renewal of registration certificate and/or commercial use permit. Application for renewal of a registration certificates and/or commercial use permit shall be made by the owner upon proper application and by payment of the registration certificate and/or commercial use permit fee. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-9, 200-10, 200-22, 200-24)