19-42-42

HAWAII ADMINISTRATIVE RULES
TITLE 19
DEPARTMENT OF TRANSPORTATION
CHAPTER 42
VESSEL AND HARBOR CONTROLS
SUBCHAPTER 2
SMALL CRAFT AND SMALLER COMMERCIAL VESSELS
§19-42-42 Temporary permittees use of berth and liability. Temporary use of a
berth by a temporary permittee does not grant the temporary permittee any right
to retain the use of the berth or any other space in the harbor. The temporary
permittee shall remove the temporary permittee's vessel from the berth and the
harbor upon expiration of the temporary mooring permit or upon lapse of forty-
eight hours notice to vacate the berth from the department, whichever event
occurs first.
Failure of a temporary permittee to vacate the berth upon expiration of the
temporary mooring permit or upon lapse of forty-eight hours notice shall subject
the temporary permittee to liability for any damages incurred by the regular
permittee assigned to the berth resulting from the temporary permittee's failure to
vacate, and to a fine pursuant to section 266-25, Hawaii Revised Statutes, and
entitles the department to remove the temporary permittee's vessel to an
impounding area. The temporary permittee shall indemnify and hold harmless the
State from any liability for damages arising from the temporary permittee's failure
to vacate the berth and the harbor and from the removal of the vessel to an
impounding area by the department. [Eff 5/20/82; am and comp 2/26/96] (Auth:
HRS §§266-2, 266-3) (Imp: HRS §§266-2, 266-3)