HAI files suit against the state of Hawaii

by Gideon Ewers, Rotor Hub. February 14, 2023

The Helicopter Association International has filed a lawsuit against the Hawaiian State government, arguing that S.B. 3272 (Now Act 311)  exceeds State Authority and that the Hawaii Department of Transportation “has no authority to impose or enforce regulations regarding air space and aircraft operations under the jurisdiction of the Federal Aviation Administration”.

Hawai’i Governor David Ige has indicated that he intended to veto the Bill because it strays into areas that are managed via Federal regulation, so the Association was surprised that he chose to sign the Bill into law “because it violates the doctrine of preemption, which reserves certain activities, such as airspace regulation, to the federal government”.

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Vertical Aviation International Applauds Hawaii Court Decision

Court affirms federal jurisdiction over US aviation.

News release from Vertical Aviation International July 23, 2024

Alexandria, VA. (July 23, 2024) – Vertical Aviation International (VAI) and the general aviation industry commend the recent decision by the US District Court, District of Hawaii, to overturn a section of Hawaii Act 311 that imposed reporting requirements on air tour operators in that state. The decision reaffirms the doctrine of preemption, which reserves certain functions, including oversight of aviation, to the federal government.

In April 2024, Safari Helicopter and VAI filed a legal challenge to the law, which mandated burdensome monthly reporting requirements for Hawaii air tour operators. In its ruling, the court issued a permanent injunction against the state's enforcement of these requirements. The state has 30 days to appeal the ruling.

“VAI and the air tour industry are committed to working with the communities where we live, work, and operate to elevate safety and community compatibility,” says Cade Clark, chief government affairs officer for VAI. “However, having a single regulator—the FAA— manage the National Airspace System ensures that our airspace remains free from conflicting rules.”

In line with its commitment to elevate safety in the vertical aviation industry, VAI will host the Air Tour Safety Conference on September 23–24 at the Hawaii Convention Center on Oahu, inviting US aerial tour operators as well as state and local government officials to discuss vital topics, including the recent FAA mandate for safety management systems. For more details on the conference and registration, visit the event website.

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AIN: Court Strikes Down Hawaii Air Tour Reporting Requirements | Aviation International News

PACER: CASE #: 1:23-cv-00083-KJM  “a declaratory judgment holding that federal law preempts the monthly reporting requirements and a permanent injunction barring enforcement of the monthly reporting requirements.”

SB3272 of 2022: Text, Status

LINK: Tour Operators Monthly Reports (Act 311) (hawaii.gov)