Hawaii Passes Bill To Decriminalize Airport Violations

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Key Takeaways:

  • Hawaii's governor signed a bill removing criminal misdemeanor penalties for many non-security-related airport violations, making it the last state to do so.
  • Previously, minor infractions like incorrect parking or keeping a bicycle in a hangar could result in criminal charges, which pilot groups like AOPA and EAA heavily opposed due to severe career and professional license impacts.
  • The new legislation replaces these criminal penalties with civil fines not exceeding $500 for most airport rule violations, while still maintaining criminal charges for security-related offenses.
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The governor of Hawaii signed a bill removing criminal penalties for many airport violations last week. Prior to the bill’s passing, Hawaii was the only state where violations unrelated to airport security could result in criminal misdemeanor charges. Many local and national pilot groups have been working toward decriminalization legislation, with AOPA calling it the organization’s “top legislative priority in Hawaii.”

“Even the smallest infraction can result in a misdemeanor charge, a gratuitous punishment that can have wide-ranging consequences in a person’s life, particularly in the case of pilots,” EAA wrote in a letter (PDF) in support of the bill. Examples given of actions that could result in criminal penalties included keeping a bicycle or golf clubs in a hangar or leaving an aircraft in the wrong parking spot.

The final text of the bill stated that the legislature found the criminal penalties for violations of some categories of airport rules to be “excessive and disproportionate,” citing the long-term effects a criminal conviction could have on an individual’s professional licenses, security clearances and career. The bill replaced misdemeanor penalties with civil penalties not to exceed $500 for everything except violations of airport security measures.

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