§200-21 Declaration of policy. The legislature hereby finds, determines, and declares that this part is necessary to promote and attain: (1) The full use and enjoyment of the waters of the State; (2) The safety of persons and the protection of property as related to the use of the waters of the State; (3) A […]
§200-22 Purpose. The purpose of this part is to authorize the chairperson to adopt rules for the regulation of vessels and their use in the waters of the State, which, together with the provisions of this part, shall conform with and supplement federal laws and requirements to fully implement the declared policy of section 200-21. […]
§200-23 Definitions. As used in this part unless the context otherwise requires: “Boat dealer” means a person engaged wholly or partly, for gain or compensation, in the business of selling vessels or offering vessels for sale, buying or taking in vessels for the purpose of resale, or exchanging vessels. “Boating accident” means any occurrence involving […]
§200-24 Rules. The department shall adopt rules pursuant to chapter 91 to implement the policy and purpose of this part, and to classify vessels into appropriate categories and classes. The department shall adopt rules pursuant to chapter 91 with respect to the following: (1) The registration and numbering of vessels; (2) The operation, use, and […]
§200-25 Fines and penalties. Any person violating this part, or any rule adopted pursuant to this part, shall be fined not less than $50 and not more than $1,000 or sentenced to a term of imprisonment of not more than thirty days, or both, for each violation; provided that in addition to, or as a […]
§200-26 Arrest or citation. (a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any person authorized to enforce this part, hereinafter referred to as an enforcement officer, upon arresting a […]
§200-27 Police reports. For the purpose of enforcement, it shall be incumbent upon the director of public safety and the police chief of each county to transmit to the department a copy of every investigation report submitted by the director of public safety and the police chief’s subordinate officers which relate to boating accidents or […]
§200-28 Duty of operator involved in, and at the scene of, a boating accident; limitations on liability. (a) An operator involved in a boating accident, if and so far as the operator can do so without serious danger to the operator’s own vessel, or person aboard, shall render such assistance as may be practicable and […]
§200-29 Accident reports by operators; confidential nature. The operator of: (1) Any vessel involved in a boating accident in the waters of the State; and (2) Any vessel required to be registered, or registered, with the department and involved in a boating accident in any waters, shall file a written report with the department truthfully […]
§200-30 Reciprocal agreements and courtesy. The department may enter into, amend, revise, suspend, or revoke reciprocal agreements or arrangements with appropriate and duly authorized agencies of other jurisdictions whereby vessels properly numbered and equipped under the laws and regulations of this State are granted the same or substantially similar privileges, exemptions, and benefits enjoyed by […]
§200-31 Vessels required to be registered and numbered. (a) Every undocumented vessel shall be registered and numbered before its use or operation on or in the waters of the State on an annual basis in accordance with the rules of the department except: (1) Foreign vessels temporarily using the waters of this State; (2) Public […]
§200-32 Fees and charges. (a) Except for vessels for which fees and charges are provided in subsection (b), the department shall assess and collect from the owner of each vessel required to be registered and numbered by section 200-31, the following fees and charges: (1) Initial annual registration fee. For the issuance of an original […]
§200-33 Future fee and charge increases or decreases. Notwithstanding section 200-32, all future fee and charge increases or decreases for vessels required to be registered and numbered pursuant to section 200-31 or for vessels owned by or operated under the custody of a boat manufacturer or boat dealer shall be established by rules adopted by […]
§200-34 Disposition of revenues. All fees and penalties collected pursuant to sections 200-10, 200-14, 200-14.5, 200-25, and 200-32, and all fees and penalties established by rules adopted pursuant to sections 200-4 and 200-24, shall be deposited in the boating special fund. [L 1991, c 272, pt of §2; am L 2005, c 126, §2]
§200-35 Uniformity. This part shall be interpreted and construed in the manner best able to effectuate the general purposes of attaining uniformity in the laws of the State, and with the laws of other states and the United States. [L 1991, c 272, pt of §2]
§200-36 Preemption of local law and special rules. If any ordinance or rule of any county of the State conflicts or is inconsistent with this part or with the rules adopted pursuant thereto, the ordinance or rule shall be void. Any county of the State, at any time, may make formal request to the chairperson […]
§200-37 Operation of thrill craft; parasailing; water sledding; commercial high speed boating. (a) No person shall operate a thrill craft unless the person is fifteen years of age or older. (b) The department shall adopt rules to designate areas where, and time periods during which, thrill craft may be operated and parasailing, water sledding, and […]
§200-37.5 Emergency communication devices. (a) It shall be unlawful to operate in the waters of the State beyond one mile of shore, any: (1) Vessel required to be registered by the State or documented by the United States Coast Guard; or (2) Manual or sail-propelled vessel not required to be registered by the State or […]
§200-38 Ocean recreation management areas. (a) Notwithstanding any other law to the contrary, no commercial operator shall operate a thrill craft, engage in parasailing, water sledding, or commercial high speed boating, operate a motorized vessel towing a person engaged in parasailing, or operate a motor vessel towing a person engaged in water sledding during all […]
§200-39 Kaneohe Bay ocean use activities; permits; restrictions. (a) For the purposes of this section, “ocean use activities” means commercial operation of thrill craft, high speed boating, parasailing, water sledding, sailing and snorkeling tours, glassbottom boat tours, or any other similar commercial ocean recreation activity for hire. (b) Any other provision of this chapter to […]
