Terms Used In Hawaii Revised Statutes Chapter 200 > Part II - Boating Law

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appointing authority: means a department head or designee having the power to make appointments or changes in the status of employees. See Hawaii Revised Statutes 76-11
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Board: means the law enforcement standards board. See Hawaii Revised Statutes 139-1
• Board: means the enhanced 911 board established under this chapter. See Hawaii Revised Statutes 138-1
• 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. See Hawaii Revised Statutes 200-23
• Boat manufacturer: means a person engaged in:

  (1) The manufacture, construction, or assembly of boats or associated equipment;

  (2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or

  (3) The importation into the United States for sale of boats, associated equipment, or components thereof. See Hawaii Revised Statutes 200-23

• Boating accident: means any occurrence involving a vessel or its equipment that results in:

  (1) The death of a person;

  (2) The loss of consciousness by any person, the receipt of medical treatment by any person, or the incapacity of any person for more than twenty-four hours;

  (3) Damage to the vessel and other property totaling more than $200; or

  (4) The disappearance of a person from the vessel under circumstances that indicate possible death or injury. See Hawaii Revised Statutes 200-23

• Certificate: means certificate of number for an undocumented vessel. See Hawaii Revised Statutes 200-23
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 200-1
• Chief executive: means the governor, the respective mayors, the chief justice of the supreme court, and the chief executive officer of the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• Civil service: includes all positions within a jurisdiction that are not exempted by § 46-33, 76-16, or 76-77, or by other law and must be filled through civil service recruitment procedures based on merit. See Hawaii Revised Statutes 76-11
• Civil service employee: means an employee who has met all requirements for membership in the civil service under § 76-27. See Hawaii Revised Statutes 76-11
• Coast Guard: means the Coast Guard of the United States, or its successor agency. See Hawaii Revised Statutes 200-23
• Commercial high speed boating: means the use of an open power boat to provide high speed rides to passengers who pay compensation for the rides. See Hawaii Revised Statutes 200-23
• Communications service: means a service capable of accessing, connecting with, or interfacing with a 911 system, by dialing, initializing, or otherwise activating the 911 system by means of a local telephone device, commercial mobile radio service device, Interconnected Voice over Internet Protocol device, indirect communication through a service bureau or call relay service, such as alarm companies, or any other means. See Hawaii Revised Statutes 138-1
• Communications service connection: means each telephone number or a device's unique identifier assigned to a residential or commercial subscriber by a communications service provider, without regard to technology deployed. See Hawaii Revised Statutes 138-1
• Communications service provider: means an entity that provides communications service to a subscriber. See Hawaii Revised Statutes 138-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 200-1
• Department: means any department, board, commission, or agency of a jurisdiction. See Hawaii Revised Statutes 76-11
• Director: means the head of the central personnel agency for a jurisdiction regardless of title, whether it is the director of human resources development, director of personnel, director of personnel services, or personnel director. See Hawaii Revised Statutes 76-11
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Federal laws and requirements: means all statutes, rules, and other laws of the United States, which may apply to any and all subject matter of this part, and of the rules adopted pursuant to this part. See Hawaii Revised Statutes 200-23
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• fund: means the special fund established by section 138-3. See Hawaii Revised Statutes 138-1
• Jurisdiction: means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation. See Hawaii Revised Statutes 76-11
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law enforcement officer: means :
  (1) A police officer employed by a county police department;
  (2) A public safety officer employed by the department of public safety; or
  (3) An employee of the department of transportation, department of land and natural resources, department of taxation, or department of the attorney general who is conferred by law with general police powers. See Hawaii Revised Statutes 139-1
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Length: means the measurement of a vessel from end to end over the deck. See Hawaii Revised Statutes 200-23
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Merit appeals board: means a jurisdiction's appellate body for purposes of section 76-14 regardless of whether it is named merit appeals board, civil service commission, or appeals board. See Hawaii Revised Statutes 76-11
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Open ocean racing boat: means a motorized vessel which:

  (1) Is designed, modified, or restored for the primary purpose of high speed boat racing; and

  (2) Has the capacity to carry not more than the operator and five passengers. See Hawaii Revised Statutes 200-23

• Operate: means to navigate or otherwise use a vessel on or in the waters of the State. See Hawaii Revised Statutes 200-23
• Operator: means a person who operates, or who has charge of the navigation or use of, a vessel. See Hawaii Revised Statutes 200-23
• Parasailing: means the activity in which an individual is transported or carried aloft by a parachute, sail, or other material attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, firm, corporation, association, or other legal entity. See Hawaii Revised Statutes 200-23
• Personal property: All property that is not real property.
• Position: means a specific job requiring the full or part-time employment of one person. See Hawaii Revised Statutes 76-11
• Proprietary information: means customer lists and other related information (including the number of customers), technology descriptions, technical information, or trade secrets, and the actual or developmental costs of enhanced 911 service that are developed, produced, or received internally by a communications service provider or by a provider's employees, directors, officers, or agents. See Hawaii Revised Statutes 138-1
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public safety agency: means a functional division of the State or a county that provides or has authority to provide, or a private entity contracted by a state or county agency that provides, firefighting, law enforcement, ambulance, medical, or other emergency services. See Hawaii Revised Statutes 138-1
• Public safety answering point: means the public safety agency that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to those calls. See Hawaii Revised Statutes 138-1
• Reseller: means a person or entity that purchases communications service from a communications service provider for the purpose of reselling communications service to end-users. See Hawaii Revised Statutes 138-1
• Shoreline: means the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves. See Hawaii Revised Statutes 200-1
• State: means the State of Hawaii. See Hawaii Revised Statutes 200-23
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Thrill craft: means any motorized vessel that falls into the category of personal watercraft, and which:

  (1) Is generally less than thirteen feet in length as manufactured;

  (2) Is generally capable of exceeding a speed of twenty miles per hour;

  (3) Can be operated by a single operator, but may have the capacity to carry passengers while in operation; or

  (4) Is designed to provide similar operating performance as a personal watercraft through a combination of small size, power plant, and hull design. See Hawaii Revised Statutes 200-23

• Undocumented vessel: means any vessel which does not have and is not required to have a valid marine document as a vessel of the United States. See Hawaii Revised Statutes 200-23
• Vessel: means all description of watercraft, used or capable of being used as a means of transportation on or in the water, except a seaplane. See Hawaii Revised Statutes 200-23
• Water sledding: means the activity in which an individual is transported or carried over the surface of the water on an apparatus that is more than twelve inches wide and is attached to a towline which is towed by a vessel. See Hawaii Revised Statutes 200-23