Absence of city, state laws allows boats to stay ashore

Question: Are there any rules/ordinances regarding boats and cars parked on streets, especially in residential areas? We live in Mililani, and both sides of the street are full of cars and boats. It’s hard to drive in and out of a two-lane road.

Answer: We’ve addressed similar complaints over the years, and, as we’ve explained previously, boats on public streets are basically on no man’s land.

Or, more accurately, where no one will assume jurisdiction.

If a boat and/or trailer is parked on a public street and posing a hazard, or parked illegally, such as too close to a fire hydrant or a driveway, you’re advised to call police at 911. In those cases the boat/trailer could be cited.

However, if they’re parked for more than 24 hours at a time without moving, even for days or weeks, they will not be cited because neither the city Motor Vehicle and Licensing Division nor the state Department of Land and Natural Resources will accept responsibility for having the "abandoned" boats/trailers towed. (See bit.ly/1y6HdFs.)

State Sen. Suzanne Chun-Oakland has introduced bills in the past to try to assign responsibility to the city or state, but with no success.

She said the last time she proposed a solution, "no one came to testify in favor" of it. "It was all opposed by the city and the state."

If the public wants to see something done, "I would need a lot more help from the public to come forward and help with that," Chun-Oakland said. She has not introduced any bill on the issue this legislative session.

"If people are still interested in resolving (the issue), we need to organize the community in such a way that we’ll have more success next session," she said.

Call her office at 586-6130 if you wish to pursue this matter.

Question: Our company just installed two-way radios in our delivery vehicles. If we are driving and use the radios while driving, does it fall under the hands-free device law prohibiting use of mobile electronic devices? Will we get cited if we are driving while the microphone is in our hand?

Answer: Drivers of commercial vehicles using two-way radios are exempt from the state law banning the use of cellphones and other portable electronic equipment while driving.

Under Section 291-17 of the Hawaii Revised Statutes, drivers of commercial vehicles, as is the general public, are prohibited from using cellphones or any "mobile electronic device," unless they are making a 911 call.

Exempted from the prohibition are emergency responders using cellphones or other electronic devices while on duty; drivers with a valid amateur radio operator license, issued by the Federal Communications Commission, using a half-duplex two-way radio; as well as drivers using two-way radios as part of their job and operating a motor carrier vehicle.

A "two-way radio" or Private Land Mobile Radio System is not considered to be a "mobile electronic device" when used for business purposes.

"Mobile electronic devices" include cellular phones, text messaging devices, paging devices, personal digital assistants, laptop computers, video games or digital photographic devices but do not include any equipment installed in a commercial motor vehicle to provide audio, navigation or emergency assistance to the driver or video entertainment to passengers in the rear seats of the commercial motor vehicle.

MAHALO

Very belatedly, to Ringo Pauly of Essential Cabinet Refinishing, who renovated my kitchen in 1999. Almost 16 years later I am grateful for his follow-up service. He goes beyond his work to help people and is truly gifted with the aloha spirit. In 2010 I wanted to change my stained sink. Ringo personally came to remove the stains at no charge. I also learned what to use and how to remove future stains. More recently I asked for an estimate to replace all 30 knobs on my kitchen cabinets that had become dull, and he said to clean them with alcohol and they look like new again. — Grateful Makiki Resident

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