Haw. Code R. § 19-13-2

Current through April, 2024
Section 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 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 use by non-military persons who hold a contract, lease, license, or other right granted by the department.

Haw. Code R. § 19-13-2

[Eff 8/10/81; am 9/18/87; am and comp 6/19/00; comp FEB 15 2002] (Auth: HRS § 262-12) (Imp: HRS § 261-12)