Airport facilities; collection of landing fees and other charges and fees
HRS §261-7.5
in effect261-7.5. Airport facilities; collection of landing fees and other charges and fees
(a) The department shall have a lien upon any aircraft landing upon any airport operated by it for landing fees and other charges and fees for the use of the services or facilities of the airport when payment of those charges and fees is not made immediately upon demand therefor to the operator or owner of the aircraft by a duly authorized employee of the department. The lien shall be for the full amount of the charges and fees and shall attach to any aircraft owned or operated by the person owing those charges and fees. The department shall not execute on the lien until it complies with the procedures set out in subsections (b) through (h) of this section.
(b) The department shall cause to be placed,
upon the aircraft for which charges and fees are due, a notice which shall
indicate that the operator or owner of the aircraft has failed to pay such
charges and fees, the time the notice was posted, and an intention to perfect a
lien on the aircraft and impound it if the operator or owner of the aircraft
does not pay the charges and fees incurred within forty-eight hours of the
posting of the notice.
(c) Any aircraft for which the department has
served notice may be summarily and administratively impounded by the department
if the charges and fees which the owner or operator of the aircraft has
incurred have not been paid to the department before the expiration of the
forty-eight-hour notice period.
(d) Within three days after the administrative
impoundment of an aircraft pursuant to this section by the department, a second
notice shall be sent by certified mail, return receipt requested, to the
registered owner and the operator, if known, and, if the operator is other than
the owner or a representative of the owner of the impounded aircraft, the
second notice shall be sent to the operator at the last address shown on the
aircraft registration records of the Federal Aviation Administration. This
second notice shall be comprised of a copy of the notice posted on the
impounded aircraft at the start of the forty-eight-hour notice period, together
with a demand that the owner or operator of the impounded aircraft pay the
charges and fees which have been incurred.
(e) Within thirty days of the impoundment by
the department of an aircraft, the owner or operator of the aircraft may file a
written request with the department for an administrative hearing. The sole
issue to be considered at this administrative hearing is whether the owner or
operator is not current in payments to the department for landing fees and
other fees and charges for the use of services or airport facilities owned or
operated by the department. The department shall have the burden of proof at
this administrative hearing.
Within three days after receipt by the
department of a written request for an administrative hearing from the owner or
operator of the aircraft, the department shall conduct the requested hearing.
In calculating the three-day period, weekends and holidays shall be excluded.
In all other respects, chapter 91 shall govern
this administrative hearing.
(f) If it is determined by the director that
the owner or operator of the impounded aircraft is current in payments to the
department for charges and fees, the impounded aircraft shall be immediately
released by the department to the aircraft owner or operator. In addition, the
department shall bear the cost and expense of impounding the aircraft.
(g) If it is determined by the director that
the owner or operator of the impounded aircraft is not current in payments to
the department for charges and fees, the department may satisfy its lien out of
the proceeds of any sale or auction of the impounded aircraft; provided that
any remaining balance of the proceeds of the sale or auction, after deduction
of the cost of maintenance, storage, and other costs related to the impoundment
and the sale or auction conducted to satisfy the lien, shall be returned to the
impounded aircraft owner or operator.
(h) An owner or operator of the impounded
aircraft may also obtain immediate possession of the impounded aircraft by
paying to the department, without an administrative hearing, all charges and
fees owed by the owner or operator of the impounded aircraft and the cost and
expense of impounding the aircraft incurred by the department.
(i) If the owner or operator of an impounded
aircraft does not:
(1) Request an administrative hearing within thirty
days of the department's impounding of the aircraft; or
(2) Pay the department all cost and expenses of
impounding the aircraft and the charges and fees due and owing within fifteen
days of a finding of probable cause that the charges and fees are due and
owing,
the aircraft shall be disposed of by public auction,
through oral tenders, or by sealed bids, after public notice has been given;
provided that the public auction shall not be held less than five days after
public notice is given. Where no bid is received, the aircraft may be sold by
negotiation, disposed of as junk, or donated to any governmental agency.
(j) Public auction shall not be required when
the appraised value of any aircraft, as determined by an independent appraiser
who has had at least one year of experience in the sale or purchase of
aircraft, is less than $100. Upon that determination and after public notice
is given, the director may sell the aircraft by negotiation, dispose of it as
junk, or donate the aircraft to any governmental agency.
(k) The transfer hereunder shall be evidenced
by a bill of sale from the department, shall be considered a transfer by
operation of law, and shall be governed by provisions applicable thereto.
(l) A purchaser of an aircraft sold to satisfy
a lien pursuant to this section shall take the aircraft free of any rights of
persons against whom that lien was valid.
[L 1987, c 163, §1; am L 1998, c 2,
§74]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0261/HRS_0261-0007_0005.htmFetched: 11/10/2026