§266-3  Rules.  (a)  The director of transportation may adopt rules as necessary:

     (1)  To regulate the manner in which all vessels may enter and moor, anchor, or dock in the commercial harbors, ports, and roadsteads of the State, or move from one dock, wharf, pier, quay, bulkhead, landing, anchorage, or mooring to another within the commercial harbors, ports, or roadsteads;

     (2)  For the examination, guidance, and control of harbor masters and their assistants and their conduct while on duty;

     (3)  For the embarking or disembarking of passengers;

     (4)  For the expeditious and careful handling of freight, goods, wares, and merchandise of every kind that may be delivered for shipment or discharged on the commercial docks, wharves, piers, quays, bulkheads, or landings belonging to or controlled by the State; and

     (5)  To define the duties and powers of carriers, shippers, and consignees respecting passengers, freight, goods, wares, and merchandise in and upon the docks, wharves, piers, quays, bulkheads, or landings within the commercial harbors, ports, and roadsteads of the State.  The director may also make further rules for the safety of the docks, wharves, piers, quays, bulkheads, and landings on, in, near, or affecting a commercial harbor and waterfront improvements belonging to or controlled by the State.

     (b)  The director may also adopt, amend, and repeal such rules as are necessary:

     (1)  For the proper regulation and control of all shipping, traffic, and other related activities in the commercial harbors belonging to or controlled by the State; of the entry, departure, mooring, and berthing of vessels therein; and of all other matters and things connected with such activities;

     (2)  To establish safety measures and security requirements in or about the commercial harbors, land, and facilities belonging to or controlled by the State;

     (3)  To prevent the discharge or throwing into commercial harbors of rubbish, refuse, garbage, or other substances likely to affect water quality or that contribute to making such harbors unsightly, unhealthful, or unclean, or that are liable to fill up shoal or shallow waters in, near, or affecting the commercial harbors; and

     (4)  To prevent the escape of fuel or other oils or substances into the waters in, near, or affecting commercial harbors from any source point, including, but not limited to, any vessel or pipes or storage tanks upon the land.

     (c)  The rules shall be adopted in the manner prescribed in chapter 91 and shall have the force and effect of law. [L 1911, c 163, §4; am L 1915, c 169, §3; ratified, March 28, 1916, c 54, 39 Stat 39; RL 1925, §836; RL 1935, §1734; RL 1945, §4984; RL 1955, §112-5; am L Sp 1959 2d, c 1, §26; am L 1965, c 96, §84 and c 115, §1; am L 1966, c 44, §§2, 3; HRS §266-3; am L 1978, c 231, §4; am L 1985, c 104, §2; am L 1986, c 57, §2; am L 1991, c 272, §10; am L 2009, c 16, §1; am L 2021, c 230, §1]

Cross References

  Agriculture department rules, see §§141-7 and 142-2.

  Forestry rules, see §183-4.

Case Notes

  Where the department of transportation's (DOT) governing statutes did not explicitly or implicitly authorize the DOT to issue administrative rules exonerating the State from the negligence of its employees, Hawaii administrative rule §19-41-7 did not bear a reasonable relationship to the DOT's statutory mandate, and the legislature's imposition of a statutory duty to defend and/or indemnify in other circumstances demonstrated the legislature's clear intent to reserve such power to itself, trial court erred in obligating appellants to defend and indemnify the State against injured plaintiff's claims.  111 H. 144, 140 P.3d 377 (2006).