HOUSE OF REPRESENTATIVES

H.B. NO.

1907

THIRTIETH LEGISLATURE, 2020

H.D. 2

STATE OF HAWAII

PROPOSED

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

PART I

     SECTION 1.  Chapter 261, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§261-     Helicopters; commercial purposes; instrument rating.  (a)  No person may operate a helicopter for commercial purposes within this State without a valid instrument rating from the Federal Aviation Administration.

     (b)  Any individual who operates a helicopter in violation of this section and any employer for whom the individual operates the helicopter shall each be subject to penalties under section 261-21(a)(2)."

PART II

     SECTION 2.  The legislature finds that helicopter crashes and resulting deaths continue to be a matter of public concern in Hawaii.  There have been eighteen civilian helicopter crashes in Hawaii since 2015, occurring on Oahu, Hawaii island, Kauai, and Molokai.

     Hawaii residents are not only concerned with the dangers associated with helicopter crashes, such as the December 2019 crash on Kauai or the April 2019 crash on a residential street in Kailua, but also with issues related to helicopter noise, frequency, and altitude.  These concerns related to helicopters in Hawaii remain largely unresolved.  The legislature believes that requiring helicopter owners and operators to report basic details of helicopter flights will help provide necessary information to stakeholders and community members in order to find a meaningful resolution to this area of concern.

     Accordingly, the purpose of this part is to require helicopter owners and operators to submit monthly reports about basic helicopter flight information.

     SECTION 3.  Chapter 261, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§261‑     Reporting of helicopter flights.  (a)  For each helicopter subject to this chapter, the owner or operator of that helicopter shall submit a report that includes details of each flight the helicopter took during each calendar month to the department and the advisory committee of the county from which the helicopter took off from or landed in. 

     (b)  The report shall include:

     (1)  The days and times that the helicopter took off and landed;

     (2)  The number of individuals in the helicopter during each flight;

     (3)  Each flight path, including altitudes, from take-off through landing; and

     (4)  Whether the helicopter deviated from its flight plan, including an explanation of why the deviation occurred.

     (c)  The report required pursuant to this section shall be submitted by 4:30 p.m. on the fifteenth day of the month following the month for which the report is required.

     (d)  The department shall post the reports required under subsection (a) to its website within one week of receipt of the report from a helicopter owner or operator.

     (e)  The failure to submit a report to the department and the advisory committee of the county from which the helicopter took off from or landed in pursuant to subsection (a) shall constitute a violation of this chapter, and the owner or operator of the helicopter shall be subject to the penalties established pursuant to section 261-21."

PART III

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Helicopters; Operation; Instrument Rating; Penalty; Reporting; DOT; County Advisory Committees

 

Description:

Prohibits the operation of a helicopter for commercial purposes without a valid instrument rating from the Federal Aviation Administration.  Subjects both a violating individual and an individual's employer to penalties.  Requires helicopter owners and operators to submit reports to the department of transportation and the appropriate county advisory committee about basic helicopter flight information.  Takes effect on 7/1/2050.  (Proposed HD2)

 

 

 

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