SR 150: REQUESTING THE DEPARTMENT OF TRANSPORTATION TO share information on the safety and performance of commercial tour operators to help residents and visitors make informed decisions.

SENATE RESOLUTION

REQUESTING THE DEPARTMENT OF TRANSPORTATION TO share information on the safety and performance of commercial tour operators to help residents and visitors make informed decisions.

     WHEREAS, general aviation and commercial helicopter flights are sometimes used by local residents and businesses for commercial purposes, and are popular activities tourists throughout Hawaii; and

     WHEREAS, numerous general aviation and tour operators provide commercial air tour flights throughout the islands, including numerous companies often operating on a single island; and

     WHEREAS, not all tour operators employ the same levels of safety precautions and best practices when flying customers, or maintain their helicopters and vehicles with the same degree of care, which have been contributing factors in fatal crashes; and

     WHEREAS, pilots at some companies have reported being pressured to continue flying at times and in conditions when they felt it was potentially unsafe or inappropriate to fly; and

     WHEREAS, since 2000, there have been over forty helicopter tour crashes and incidents in Hawaii, resulting in approximately fifty fatalities and nearly as many other serious injuries; and

     WHEREAS, commercial air tour operators on Kauai recorded the highest number of fatalities with nearly thirty deaths as a result of helicopter crashes; and

     WHEREAS, general aviation and commercial helicopter flights over residential areas can create safety hazards, such as the 2019 crash of a tour helicopter on a street in Kailua, Oahu that resulted in three deaths, and could have killed dozens more had it struck a busy area; and

     WHEREAS, the risk of crashes, fatalities, and injuries to helicopter and tour pilots and customers is significantly increased in the absence of currently available safety mechanisms, devices, and best practices; and

     WHEREAS, following the 2019 crash in Kailua, the Chair of the National Transportation Safety Board (NTSB) stated that "each crash underscores the urgency of improving the safety of charter flights by implementing existing [board] safety recommendations," and called for small aircraft flight safety improvements; and

     WHEREAS, NTSB has made repeated recommendations for safety enhancements in the helicopter tour and charter industry, including the use of crash-resistant fuel systems, flotation devices for flights over water, and terrain awareness and warning systems to reduce the risk of controlled flight into terrain; and

     WHEREAS, the implementation of safety measures such as crash-resistant fuel tanks can significantly reduce the risk of post-crash fires, a factor that has contributed to fatalities in multiple aviation crashes; and

     WHEREAS, helicopters operating in the State frequently fly over the ocean and remote terrain where emergency landings may be required, and the presence of emergency flotation devices are a critical factor in survivability in the event of an unplanned water landing; and

     WHEREAS, radar and terrain awareness technology have proven effective in enhancing pilot situational awareness and reducing the likelihood of accidents caused by poor visibility, weather conditions, or pilot disorientation; and

     WHEREAS, many companies currently hold minimal insurance policies that may not be sufficient to cover injuries or worse in the event of a crash; and

     WHEREAS, ensuring public access to safety-related information regarding the presence or absence of flotation devices, radar technology, and crash-resistant fuel tanks in helicopters used for commercial and general aviation flights, as well as applicable levels of insurance coverage would empower consumers and the public to make better informed decisions regarding their safety and help save lives; and

     WHEREAS, increased transparency in the aviation industry would encourage helicopter tour operators and charter companies to adopt best practices in aviation safety, thereby reducing risks to passengers, crew, and the public at large; and

     WHEREAS, providing detailed safety information aligns with broader efforts to enhance consumer protections and uphold the State's commitment to safeguarding its residents and visitors from avoidable risks; and

     WHEREAS, providing residents and visitors with safety and performance related information will enable them to make informed decisions; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Department of Transportation is requested to share information on the safety and performance of commercial tour operators to help residents and visitors make informed decisions; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to solicit information no less than annually from commercial air tour operators on whether their helicopters are equipped with, and what percentage of their helicopters are equipped with:

     (1)  Crash resistant fuel systems;

     (2)  Flotation devices in the event of a water landing;

     (3)  Terrain awareness and warning systems; and

     (4)  Automatic Dependent Surveillance-Broadcast technology; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to solicit information from commercial air tour operators on whether their companies are operating with best practices including information regarding:

     (1)  Minimum pilot hours required to fly commercial passengers; and

     (2)  The amount of insurance coverage provided to cover personal injury and loss for each customer in the event of harm; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to identify and share with the public the numbers of legitimate complaints about safety, noise, or operations received by the Department of Transportation or any other appropriate departments or agencies about each commercial air tour operator operating in the State, and any other relevant safety or operational information as may be appropriate; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to identify and share with the public the numbers of legitimate safety-related incidents experienced by each commercial air tour operator over the preceding twenty-four months; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to collaborate with the NTSB to identify and develop any other safety criteria that may be appropriate to be shared with the public; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to establish a system of scoring and transparency for these collected criteria to provide the public with information in a format easy to visualize and understand, that enables a resident or visitor to know whether or not a commercial air tour company has incorporated the particular criteria, and what threshold or amount of criteria that company has incorporated, where appropriate; and

     BE IT FURTHER RESOLVED in establishing the system of scoring and transparency, that the Department of Transportation is requested to also assign an easy to understand overall score or letter grade for each commercial air tour operator that clearly distinguishes those commercial air tour operators that employ more or higher levels of safety and other relevant criteria than those that do no; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to identify the very highest scoring commercial air tour operator each year and recognize and categorize that commercial air tour operator as the "Safest Commercial Air Tour Operator" and categorize commercial air tour operators who did not provide a response with safety information as "Safety Unknown"; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to provide this information to the public in an online place and format that is easy and simple to find and understand, and keep it updated; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to share this information with the Hawaii Tourism Authority, who is requested to also provide this information to visitors in an online format that is easy and simple to find and understand, and keep it updated; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to submit an annual report to the Legislature summarizing specific safety-related information for each general aviation and commercial tour operator in the State and post an electronic copy of each report on the Department of Transportation's website; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the National Transportation Safety Board, Director of Transportation, and Chairperson of the Board of Directors of the Hawaii Tourism Authority.

Report Title: 

DOT; Aviation Safety; Reports

SENATE RESOLUTION

REQUESTING THE DEPARTMENT OF TRANSPORTATION TO SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE SUMMARIZING SPECIFIC SAFETY‑RELATED INFORMATION FOR EACH GENERAL AVIATION AND COMMERCIAL TOUR OPERATOR IN THE STATE, POST AN ELECTRONIC COPY OF each REPORT ON the DEPARTMENT'S WEBSITE, AND ADOPT RULES REQUIRING THE PUBLIC POSTING OF the INFORMATION AT EVERY LOCATION OF EACH OPERATOR.

     WHEREAS, general aviation and commercial helicopter flights are popular activities in Hawaii that have been economically successful for some private companies; and

     WHEREAS, general aviation and commercial helicopter flights over residential areas can create safety hazards, such as the 2019 crash on a street in Kailua on Oahu that resulted in three deaths, the risk of which may be increased in the absence of currently available safety practices and mechanisms; and

     WHEREAS, following the 2019 crash in Kailua, the Chair of the National Transportation Safety Board (NTSB) stated that "each crash underscores the urgency of improving the safety of charter flights by implementing existing [board] safety recommendations," and called for small aircraft flight safety improvements; and

     WHEREAS, NTSB has made repeated recommendations for safety enhancements in the helicopter tour and charter industry, including the use of crash-resistant fuel systems, flotation devices for flights over water, and terrain awareness and warning systems to reduce the risk of controlled flight into terrain; and

     WHEREAS, the implementation of safety measures such as crash-resistant fuel tanks can significantly reduce the risk of post-crash fires, a factor that has contributed to fatalities in multiple aviation accidents; and

     WHEREAS, helicopters operating in the State frequently fly over the ocean and remote terrain where emergency landings may be required, and the presence of emergency flotation devices are a critical factor in survivability in the event of an unplanned water landing; and

     WHEREAS, radar and terrain awareness technology have proven effective in enhancing pilot situational awareness and reducing the likelihood of accidents caused by poor visibility, weather conditions, or pilot disorientation; and

     WHEREAS, ensuring public access to safety-related information regarding the presence or absence of flotation devices, radar technology, and crash-resistant fuel tanks in helicopters used for commercial and general aviation flights would empower consumers and the public to make informed decisions regarding their safety; and

     WHEREAS, increased transparency in the aviation industry would encourage helicopter tour operators and charter companies to adopt best practices in aviation safety, thereby reducing risks to passengers, crew, and the public at large; and

     WHEREAS, providing detailed safety information aligns with broader efforts to enhance consumer protections and uphold the State's commitment to safeguarding its residents and visitors from avoidable risks; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Department of Transportation is requested to submit an annual report to the Legislature summarizing specific safety-related information for each general aviation and commercial tour operator in the State, post an electronic copy of each report on the Department's website, and adopt rules requiring the public posting of the information at every location of each operator; and

     BE IT FURTHER RESOLVED that the report is requested to include the:

     (1)  Name of any person, whether an individual or legal entity, who has twenty percent or more ownership interest in every general aviation, helicopter tour, or charter flight operator, and the name of any general aviation or commercial tour operator company owned by the person within the last ten years;

     (2)  Amount and type of liability insurance maintained by each general aviation and commercial tour operator;

     (3)  Minimum amount of pilot training hours required by each general aviation and commercial tour operator; and

     (4)  Participation of each company in any nationally recognized safety program, such as the Tour Operators Program of Safety, which develops air tour safety standards; and

     BE IT FURTHER RESOLVED that for each aircraft operated in the State, the Department of Transportation is requested to report the type and amount of general liability insurance carried by the operator and whether each aircraft has installed:

     (1)  Flotation devices;

     (2)  Automatic Dependent Surveillance-Broadcast technology;

     (3)  Crash resistant tanks; and

     (4)  Any other provisions as determined by the department as necessary or advisable to promote public safety and consumer disclosure; and

     BE IT FURTHER RESOLVED that each annual report is requested to be made available to the public via electronic posting on the Department of Transportation's website; and

     BE IT FURTHER RESOLVED that the Department of Transportation is requested to require each general aviation and commercial tour operator to publicly post in each of their places of business a summary of the information provided in each report; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the National Transportation Safety Board and Director of Transportation.

Report Title: 

DOT; Aviation Safety; Reports

STAND. COM. REP. NO. 1615

Honolulu, Hawaii

RE:    S.R. No. 150

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Transportation and Culture and the Arts, to which was referred S.R. No. 150 entitled:

"SENATE RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE SUMMARIZING SPECIFIC SAFETY‑RELATED INFORMATION FOR EACH GENERAL AVIATION AND COMMERCIAL TOUR OPERATOR IN THE STATE, POST AN ELECTRONIC COPY OF EACH REPORT ON THE DEPARTMENT'S WEBSITE, AND ADOPT RULES REQUIRING THE PUBLIC POSTING OF THE INFORMATION AT EVERY LOCATION OF EACH OPERATOR,"

begs leave to report as follows:

     The purpose and intent of this measure is to request the Department of Transportation to submit an annual report to the Legislature summarizing specific safety-related information for each general aviation and commercial tour operator in the State, post an electronic copy of each report on the Department's website, and adopt rules requiring the public posting of the information at every location of each operator.

     Your Committee received testimony in support of this measure from Blue Hawaiian.

     Your Committee received testimony in opposition to this measure from the Department of Transportation and Vertical Aviation International.

     Your Committee finds that general aviation and commercial helicopter flights are popular activities in Hawaii but come with potential safety hazards, particularly over residential areas.  Your Committee further finds that the National Transportation Safety Board has made recommendations for safety enhancements in the helicopter tour and charter industry, including the use of crash-resistant fuel systems, flotation devices for flights over water, and terrain awareness and warning systems to reduce the risk of controlled flight into terrain.  Therefore, your Committee concludes that it is necessary to implement safety-related measures to ensure increased transparency in the aviation industry and best practices in aviation safety, thereby reducing risks to passengers, crew, and the public at large.

Your Committee has amended this measure by:

     (1)  Deleting language that would have requested the Department of Transportation to submit an annual report to the Legislature summarizing specific safety-related information for each general aviation and commercial tour operator in the State, post an electronic copy of each report on the Department's website, and adopt rules requiring the public posting of the information at every location of each operator;

     (2)  Clarifying that the Department of Transportation is requested to share information on the safety and performance of commercial tour operators to help residents and visitors make informed decisions;

     (3)  Requesting the Department of Transportation to solicit information no less than annually from commercial air tour operators on whether their helicopters are equipped with, and what percentage of their helicopters are equipped with, certain safety devices and systems;

     (4)  Requesting the Department of Transportation to solicit information from commercial air tour operators on whether their companies are operating with best practices;

     (5)  Requesting language requesting the Department of Transportation identify and share with the public the numbers of legitimate complaints about safety, noise, or operations received by the Department or any other department or agencies about each commercial air tour operator operating in the State and any other relevant safety or operational information;

     (6)  Requesting the Department of Transportation to identify and share with the public the numbers of legitimate safety-related incidents experienced by each commercial air tour operator over the preceding twenty-four months;

     (7)  Requesting the Department of Transportation to collaborate with the National Transportation Safety Board to identify and develop any other safety criteria;

     (8)  Requesting the Department of Transportation to establish a system of scoring and transparency for the public and assign an overall score or letter grade for each commercial air tour operator for the public;

     (9)  Requesting the Department of Transportation to identify the very highest scoring commercial air tour operator each year and categorize that commercial air tour operator as the "Safest Commercial Air Tour Operator" and categorize commercial air tour operators who did not provide a response as "Safety Unknown" and post the information online;

    (10)  Requesting the Department of Transportation to share all safety information with the Hawaii Tourism Authority, who is requested to also provide this information to visitors online;

    (11)  Clarifying that the requested annual report to the Legislature is requested to be posted on the Department of Transportation's website;

    (12)  Updating legislative findings; and

    (13)  Amending its title accordingly.

     As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 150, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 150, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,