Spark arresters and drones
Proposed Rules and Reasoning
§13-104-7 Fire use restrictions.] §13-104-7 Fire use restrictions. The following acts are prohibited within a forest reserve:
(7) To use any motor vehicle, motorized equipment, internal combustion engines, or electric motors unless equipped with efficiently operating fire or spark arresting equipment].
Reasoning for proposed change: Most passenger vehicles being used in forest reserves do not have spark arresting equipment installed. Requiring passenger vehicles to be customized with spark arresters would burden the State as well as other users of forest reserves with additional costs. Other types of vehicles, such as ATVs sold in the United States already come equipped with spark arresters as part of the original factory equipment. Reducing wildland fire risks from vehicles is addressed in HAR §13-104-11, which prohibits parking any vehicle, except in designated areas. For consistency with current practice and because avoidance measures are already in place, DOFAW recommends removing the prohibitions relating to fire or spark arresting equipment. Criminal statutes regarding arson in HRS §708-8251 to 708-8254, continue to apply in addition to this section.
§13-104-11 Vehicles and transportation.] §13-104-11 Vehicles and transportation.
[(a)] The following acts are prohibited while under the jurisdiction of the state within a forest reserve:
(1) To drive, operate, or use any motorized or non- motorized land vehicle, glider, hang glider, aircraft, unmanned aircraft system, balloon, or parachute carelessly and without due caution for the rights or safety of others and in a manner that endangers any person or property;
(7) To launch, land, or operate any unmanned aircraft system without a permit for that purpose from the board or its authorized representative.
Reasoning for proposed change: DOFAW proposes to amend HAR §13-104-11 to include unmanned aircraft systems (UAS) commonly known as “drones”, in the areas and airspace left to state jurisdiction. In order to ensure that a UAS is operated or used with due caution for the privacy or safety of others and in a manner that does not endanger any person or property. DOFAW recommends clarifying that a person operating a UAS in a forest reserve must do so with a permit from the Board or an authorized representative.
[Strikethrough] – Text proposed for removal. Underline – Text proposed for addition.