2013 Hawaii Revised Statutes
TITLE 15. TRANSPORTATION AND UTILITIES
261E. Hawaii Air Carriers
261E-2 Definitions.

§261E-2 Definitions. As used in this chapter:

"Aircraft" means any craft or other artificial contrivance of whatever description that is used or capable of being used, or intended to be used, as a means of transportation by air.

"Air transportation" means the holding out to the general public of or the undertaking to provide the carriage of persons or property, except for United States mail, by air, for compensation or hire between any pair of points, both of which are within the State of Hawaii, unless the carriage is part of the continuous carriage of the persons or property to or from a point outside the State of Hawaii. For the purposes of this chapter, the term "continuous carriage" means transportation by air which does not include a stopover of more than twenty-four hours.

"Certificate" means a certificate of public convenience and necessity issued under this chapter to a Hawaii air carrier.

"Commission" means the air carrier commission established pursuant to section 261E-4.

"Control", in reference to a relationship between any person or persons and another person or persons, includes actual as well as legal control, indirect as well as direct control, and the power to exercise substantial influence whether or not exercised.

"Hawaii air carrier" or "carrier" means any person or entity who has received a certificate issued by the commission and who undertakes or holds itself out to the general public as engaging directly or indirectly in the transportation by air of passengers or property, or both, for compensation or hire within the State or between points within the State.

"Rates" includes rates, fares, and charges of whatever kind and nature unless the context indicates otherwise.

"Related company" means a company or persons that directly, or indirectly through one or more subsidiaries, affiliates, or a holding company, controls or is controlled by, or is under common control with, a Hawaii air carrier.

"Transportation of persons" includes every service in connection with or incidental to the comfort or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage.

"Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, carriage, preservation, and delivery, and all incidental services affecting these activities. [L Sp 2008, c 1, pt of §2]