Aircraft Registration

DEPARTMENT OF TRANSPORTATION Repeal of Chapter 19-31, and Adoption of Chapter 19-31.1, Hawaii Administrative Rules May 20, 1991

SUMMARY

1. Chapter 19-31, Hawaii Administrative Rules, entitled "Aircraft Registration" , is repealed. 2. Chapter 19-31.1, Hawaii Administrative Rules, entitled "Aircraft Registration", i s adopted.

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KAWAII AOMilfISTRATIVE ROU:S

TITLE 19

DEPAR'l'MENT OF TRANSPORTATION SUBTITLE 2 AIRPORTS DIVISION CHAPTER 31. 1 AIRCRAFT REGISTRATION

§19-31.1-l Definitions §19- 31 .1-2 Registration; tees ; certificates of registration; decals; transferabi l ity §19-31 .1-3 Notifica-cion of changes to a i r craft registration S19-31.1 - 4 Renewa l §19- 31. 1-5 Exemptions §19-31.1- 6 Enforcement 519- 31. 1-1 Penal t ies § 19-31. 1-8 Severability §19- 3 1. l-9 Repeal

Historical nota . This chapt er is b ased substan~ially on chap-car 19 - 31. ( Eff 10/24/86 ; R ..;~N 2 ~ 1991)

S19-31 . 1-1 patinitions . Unl.ess the context clearly i ndicates otherwise, as used in this c hapter: "Aircraft" means any contr ivance used or designed for navigation of or flight in the air, including , but not limited to, airplanes, helicopters, and gliders. "Department" means the State of Hawaii department of transportation . "owner" means any parson who claims, expressly or otherwise , lawful care , custody , or con-crol of an a i r craft by virtue of legal title or equita.b le interest there i n which entitle that parson t o possession, or a l essee of a leased aircraft which l ease excludes the title holder from any rights to use or possession of the aircraft while under l ease to the lessee.

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§19-31.l.-1

"Public airport .. means an airport under the jurisdiction of the State of Hawaii. [Eff JUN 2~ i991 (Auth: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7) (Imp: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7)

§19-31.1-2 Registration; fees; certificates of registration; decals; transferability. (a) No person shall operate any aircraft at any public airport unless the aircraft: ( l) Has been registered with the deparb:llent; ( 2) Has a current certificate of registration issued by the department; and ( 3) Has a current decal issued by the department affixed on or near the lower left hand corner of the aircraft windshield in such a way that it is at all times visible from outside the aircraft. ( b) The aircraft's owner shall register the aircraft by: (l) Obtaining an aircraft registration application form from any State of Hawaii airports division district office, completing it, and submitting it to the district office; the information provided on this form shall include: (A) The owner's: (i) Name; (ii) Address; and (iii) Phone number. (B) The aircraft's: (i) United States identification number (N-number) ; (ii) Type (airplane, helicopter or glider); (iii) Make; (iv) Model; (v) Year of manufacture; (vi) Color; and (vii) Home base. (2) Paying a $10 registration fee. (c) After receiving the completed registration application form and $10 registration fee, the department shall review the application and, if it is in order, shall issue a certificate of registration and aircraft decal to the owner. (d) The certificate of registration and the decal shall be: (l) Valid for the calendar year; and (2) Transferable. (The new owner shall notify the department of the change in ownership in accordance with section 19-31.l-3.)

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§19-31.1-5

(e) The owner shall: (1) Keep the cer1:ificate of registration in the aircraft and display it upon request by an authorized representative of the departlnen~. (2) Affix the decal on or near the lower left hand corner of the aircraft windshield in such a way that it is at all times visible from outside the aircraft. [Eff JUN 241991] (Auth: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7) (Imp: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7)

§19-31.1-3 Notification of changes to aircraft registration. If there is any change to the informa~ion provided on the aircraft registration application form, the aircraft owner shall notify the departlnen~ about the change in writing within thirty days after the change occurs. [Eff JUN 2~1991) (Auth: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7) (Imp: HRS §§261-12, 261-15.S, 261-15.6, 261-15.7)

§19-31.1-4 Renewal. (a) The aircraft's owner may renew the registration annually by paying the depart:~ent a $10 registration renewal fee not sooner than sixty days before, and not later than thirty days after the expiration date of the current registration. (b) After receiving the $10 registration renewal fee, the department shall issue a new documentation of • registration which shall be valid for the ensuing calendar year. (c) If the registration expires without being renewed, the aircraft's owner shall be subje~~ to the penalties set forth in section 19-31.1-7. [Eff JUN 241991] (Auth: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7) (Imp: HRS §§261-12, 261-15.S, 261-15.6, 261-15.7)

§19-31.1-5 Exemptions. The following are exempt from this chapter: (1) Aircraft operating primarily in commerce between the state of Hawaii and: (A) Any other State in the United States; or (B) Any foreign country; (2) Aircraft owned or operated by the United States; (3) Aircraft in transit through the State of Hawaii; and

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§19-31.l-5

(4) Aircraft operated by any scheduled air carrier which is a lessee of the dapartmen~ under an airport-airline lease. ( Eff JUN 2 4 199 fJ (Auth: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7) (Imp: HRS §§261-12, 261-15.S, 261-15.6, 261-15.7)

S19-31.l-6 Enforcement. Enforcement of this chapter shall be as set forth in section 261-17, Hawaii Revised statutes. (Eff JUN 2 4 199T] (Auth: HRS §§261-12, 261-15. s, 261-15.6, 261-15.7) (lmp: HRS §§261-17, 261-15.5, 261-15.6, 261-15.7)

§19-31.1-7 Penalties. If the owner fails to comply with any of the requirements in this chapter, the owner shall be subject to the following penalties: (1) A fine of no~ more than $100 per aircraft; (2) The denial of the use of public airpor~ facilities; and (3) The removal of the aircraft to a location designated by the department. [ Eff JUN 2 4 1991 (Auth: HRS §§261-12, 261-15.5, 261-15.6, 261-15. 7) (Imp: HRS §§261-15. 5, 2 61-15. 6, 261-15.7)

S19-31.1-8 Seyerability. The provisions of this chapter are declared to be severable and if any portion or the application thereof to any person or property is held to be invalid for any reason, the validity of th~ ~em~der of this chapter shall not be affected. [Eff JUN L .:.+ l:1~ l] (Auth: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7) (Imp: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7)

§19-31.1-9 Repeal. Chapter 19-31 is repealed. [Eff ] (Auth: HRS §§261-12, 2 61-15. 5, 2 61-15. 6, 2 61-15. 7) JUN 2 4 1S (Imp: HRS §§261-12, 261-15.5, 261-15.6, 261-15.7)

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DEPARTMENT OF TRANSPORTATION

The repeal of chapter 19-31 and adoption of chapter 19-31.1, Hawaii Administrative Rules, on the Summary Page dated May 20, 1991, were accomplished pursuant to section 91-3, HRS, on May 20, 1991, following public hearings held on April 15 and 16, 1991, after public notices were given in the Honolulu Advertiser, Honolulu Star-Bulletin, Garden Island News and Maui News on March ll, 1991, in the Hawaii Tribune-Herald on March 4, 1991, and in West Hawaii Today on March 6, 1991. The repeal of chapter 19-31 and adoption of chapter 19-31.l, Hawaii Administrative Rules, shall take effect ten days after filing with the Office of the Lieutenan~ Governor.

~RATA~ Director of Transportation

AP

Hawaii ,..J\31.11-•·' Date: ---------- i'\ ~ ;';•,'.; l

APPROVED AS TO FORM:

Oepu~y Att:'orney General Filed: ----------

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