Haw. Code R. § 19-14-2

Current through September, 2024
Section 19-14-2 - 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 parking and storage areas" means 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.

"Department" means the department of transportation of the State of Hawaii.

"Director" means the director of transportation or his 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.

"Fuel storage area" means any portion of a public airport, designated temporarily or permanently by the director, that may be used for the storing and loading of gasoline, turbine fuel or any other type of fuel or other petroleum products used for aeronautical purposes.

"Keehi Lagoon" means the portion of Keehi Lagoon that includes all its surface water areas, lands and submerged lands within the boundaries of Honolulu International Airport.

"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.

"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 governmental 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, however, that federally owned facilities are 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.

"Restricted area" means the operational area and all other portions of a public airport from which the public is excluded by fences or appropriate signs or both.

"Secured" means that an entry, building or fenced area is locked using a padlock, cypher lock, magnetic pad or other mechanical or electronic device or is being physically attended to by an employee or security guard to prevent unauthorized entry.

"Service animal" means any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability. Emotional support animals who assist owners with severe emotional or mental disabilities are included under this definition if the owner can provide certification from a treating medical professional that the owner is being treated for a mental health disability and needs to be accompanied by the animal.

"Sterile area" means an area of a public airport to which access is controlled by the inspection of persons and property in accordance with a security program approved by the Transportation Security Administration or a security program used in accordance with Title 49, Code of Federal Regulations, Part 1542.

Haw. Code R. § 19-14-2

[Eff 8/10/81; am 9/15/84; am and comp 4/27/98; comp 4/17/00; am and comp 1/24/02; am and comp 4/27/07; am and comp APR 17 2009] (Auth: HRS § 261-12) (Imp: HRS § 261-12)