Haw. Code R. § 19-44-43

Current through April, 2024
Section 19-44-43 - Storage of stevedoring and other equipment
(a) Stevedoring equipment of all kinds such as net slings, box slings, hand trucks, chutes, pallets, etc., may, at the discretion of the harbor master, be stored on state wharves. All stevedoring equipment shall be assessed storage charges at fifty per cent of the rates specified in section 19-44-42 except that there shall be a minimum charge of $27.50 per month. Space for continuous storage of stevedoring equipment shall be made available only if it does not interfere with cargo handling. The amount of space which may be devoted to storage of stevedoring equipment shall be determined by the harbor master.
(b) Recoopered cargo and cattle stalls shall be charged for storage space occupied at the rates specified in section 19-44-42, effective forty-eight hours after demurrage begins for the first 2500 tons or fraction thereof and twenty-four hours after demurrage begins for each additional 1500 tons or fraction thereof.
(c) Mobile equipment for handling cargo such as truck tractors, hustlers, forklifts, straddle trucks, tractors, trailers, truck cranes, trucks, etc., may be left idle on state property in an area designated by the harbor master; provided that any mobile equipment shall be removed if the harbor master determines that it interferes with cargo handling. Mobile equipment shall be assessed for storage space occupied at fifty per cent of the rates set forth in section 19-44-42 except that there shall be a minimum charge of $27.50 per month.
(d) Shipping devices may be stored on state property as designated by the harbor master. The charges for the storage of shipping devices shall be as follows:
(1) Honolulu and Barbers Point:
(A) Per linear foot per day for the first five calendar days - $0.13
(B) Per linear foot per day for the next five calendar days - $0.28
(2) Other ports:
(A) Per linear foot per day for the first five calendar days - $0.08
(B) Per linear foot per day for the next five calendar days - $0.17

No additional charge shall be made for double or higher stacking of containers. These charges shall apply immediately after the expiration of free time to full or empty containers and shall be followed by demurrage charges.

(e) When vessel voyage frequencies cause unavoidable demurrage for empty containers, or when the yard is congested and there is a large number of empty containers that causes the tracking and retrieval of the most aged empty containers to be difficult or impractical, or when a reserve pool of empty containers is operationally necessary, the department may authorize a staging area of minimal dimensions to accommodate the empty containers which should be stacked as high as possible, and each empty container which exceeds the free time shall be assessed an empty container staging charge on a daily basis. If a clearly defined staging area cannot be delineated because of the large number of empty containers throughout the yard and lack of harbor space, the department may accept a simulation or approximation of the number of empty containers stored beyond the free time allowance by reviewing the empty container aging analysis provided by the shipper.
(f) The shipper shall provide the aging information for each container or summary thereof as requested by the department on a daily basis. Reports and payments should be based on a daily tally for a calendar week and will be due within fifteen working days after the week. The empty container staging charge for empty containers stacked one high shall be the single stack rate of $0.28 per linear foot, per empty container per day for Honolulu and Barbers Point and $0.17 per linear foot per day for other ports where containers are stacked one high. For empty containers stacked two high, the rate per linear foot per empty container shall be seventy-five per cent of the single stack rate. For empty containers stacked three or more high, the rate per linear foot per empty container shall be fifty per cent of the single stack rate. For the purposes of this section, empty trailer chassis shall be counted in the same manner as an empty container. An empty container on a trailer chassis shall be counted as one unit. The department reserves the right, upon prior written notice, to cancel, waive, reject, or otherwise adjust the discounted demurrage rate reflected in this empty container staging charge when it has been determined that a shipper has submitted false or misleading information or engaged in other improper conduct that results in the shipper being assessed the empty container staging charge.
(g) Stevedoring equipment utilized in the handling of cargo, such as high lifts, cranes, forklifts, etc., for which storage arrangements have not been made shall not be permitted on state property until forty-eight hours prior to the arrival of the ship for which the equipment will be utilized. Removal of this equipment from state property shall be made within forty-eight hours after discharge of cargo unless an extension of time is authorized by the harbor master.
(h) Automobiles and trucks under 6,500 pounds, in shipping devices or otherwise may be stored on state property as designated by the harbor master. The following storage charges are daily rates and apply to all automobiles and trucks whether or not they are contained in a container. The storage charges shall be as follows:
(1) Honolulu and Barbers Point:
(A) Per unit per day for a five calendar day limit - $6.88
(2) Other ports:
(A) Per unit per day for a five calendar day limit - $6.88 These storage charges shall apply immediately after the expiration of free time and shall be followed by demurrage charges.
(i) Commercial fishing vessels calling at Honolulu Harbor may, with prior permission of the department, off-load their nets for repair or to reduce draft. No charges will be assessed for such storage for the first forty-eight hours in any fifteen-day period. Periods longer than forty-eight hours will be assessed a daily storage rate of $.008 per square foot per day.

Haw. Code R. § 19-44-43

[Eff 5/20/82; am 12/20/85; am 11/7/91; am and comp 2/26/96; am 3/10/97; am and comp FEB 01 2010] (Auth: HRS § 266-2) (Imp: HRS §§ 266-2, 266-17)
Comp 4/8/2018