REPORT TITLE:
Motor Carriers


DESCRIPTION:
Requires the public utilities commission to authorize no more
than the proposed service described in applications for authority
to carry passengers.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR CARRIERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 271-12, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  Subject to section 271-15, a certificate shall be
 
 4 issued to any qualified applicant therefor, authorizing the whole
 
 5 or any part of the operations covered by the application if it is
 
 6 found that the applicant is fit, willing, and able properly to
 
 7 perform the service proposed and to conform to this chapter and
 
 8 the requirements[,] and rules[, and regulations] of the
 
 9 commission thereunder, and that the proposed service, to the
 
10 extent to be authorized by the certificate, is or will be
 
11 required by the present or future public convenience and
 
12 necessity; otherwise the application shall be denied.  An
 
13 applicant for authority to carry passengers shall be considered
 
14 for authorization, in whole or in part, only for the proposed
 
15 service, routes, and vehicle types that are described with
 
16 particularity in the application.  In addition to the information
 
17 that the commission specifies by requirement or rule no
 
18 application shall be considered complete, unless the application
 
19 describes fully and accurately the proposed service, routes, and
 

 
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 1 vehicle types, such as motor coaches, trolleys, double-decker
 
 2 buses, or articulated buses.  Otherwise, the application shall be
 
 3 denied."
 
 4      SECTION 2.  Section 271-13, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§271-13  Permits for contract carriers by motor vehicle.
 
 7 (a)  Except as otherwise provided in this section and in section
 
 8 271-16, no person shall engage in the business of a contract
 
 9 carrier by motor vehicle over any public highway in this State
 
10 unless there is in force with respect to such carrier a permit
 
11 issued by the public utilities commission authorizing the person
 
12 to engage in this business.
 
13      (b)  Applications for permits shall be made in writing to
 
14 the commission, be verified under oath, and shall be in such form
 
15 and contain such information and be accompanied by proof of
 
16 service upon interested parties, as the commission [shall], by
 
17 [regulation,] rule, shall require.
 
18      (c)  Subject to section 271-15, a permit shall be issued to
 
19 any qualified applicant therefor, authorizing in whole or in part
 
20 the operations covered by the application, if it is found that
 
21 the applicant is fit, willing, and able properly to perform the
 
22 service of a contract carrier by motor vehicle, and to conform to
 
23 this chapter and the lawful requirements[,] and rules[, and
 

 
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 1 regulations] of the commission thereunder, and that the proposed
 
 2 operation to the extent authorized by the permit will be
 
 3 consistent with the public interest and the transportation policy
 
 4 declared in this chapter; otherwise, the application shall be
 
 5 denied.
 
 6      (1)  An applicant for authority to carry passengers shall be
 
 7           considered for authorization, in whole or in part, only
 
 8           for the proposed service, routes, and vehicle types
 
 9           that are as described with particularity in the
 
10           application.  In addition to the information that the
 
11           commission specifies by requirement or rule no
 
12           application shall be considered complete unless the
 
13           application describes fully and accurately the proposed
 
14           service, routes, and the vehicle types proposed to be
 
15           used, such as motor coaches, trolleys, double-decker
 
16           buses, or articulated buses.  Otherwise, the
 
17           application shall be denied; and
 
18      (2)  In determining whether issuance of a permit will be
 
19           consistent with the public interest and the
 
20           transportation policy[, the]:
 
21           (A)  The commission shall consider the number of
 
22                shippers to be served by the applicant, the nature
 
23                of the service proposed, whether the proposed
 

 
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 1                service can be or is being properly performed by
 
 2                existing common carriers, the effect which
 
 3                granting the permit would have upon the services
 
 4                of the protesting carriers, the effect which
 
 5                denying the permit would have upon the applicant's
 
 6                proposed shipper or shippers, and the changing
 
 7                character of shipper requirements; provided[,
 
 8                however,] that a permit shall not be issued in any
 
 9                case where it has been established that an
 
10                existing common carrier is properly performing,
 
11                the proposed service[.];
 
12           (B)  Any application based substantially upon a
 
13                contract or contracts shall be brought only under
 
14                this section;
 
15           (C)  The commission shall specify in the permit the
 
16                business of the contract carrier covered thereby
 
17                and the scope thereof, and it shall attach to it
 
18                at the time of issuance, and from time to time
 
19                thereafter such reasonable terms, conditions, and
 
20                limitations consistent with the character of the
 
21                holder of the permit as a contract carrier,
 
22                including terms, conditions, and limitations
 
23                respecting the person or persons, their names, the
 

 
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 1                number or class thereof for which the contract
 
 2                carrier may perform transportation service, as may
 
 3                be necessary to assure that the business is that
 
 4                of a contract carrier and within the scope of the
 
 5                permit, and to carry out with respect to the
 
 6                operation of the carrier the requirements
 
 7                established by the commission under sections
 
 8                271-9(a)(2) and 271-9(a)(4)[.];
 
 9           (D)  Any permit covering the transportation of
 
10                passengers may include authority to transport in
 
11                the same vehicle with the passengers, baggage of
 
12                passengers, and also authority to transport
 
13                baggage of passengers in a separate vehicle;
 
14                provided that [within]:
 
15                (i)  Within the scope of the permit and any terms,
 
16                     conditions, or limitations attached thereto,
 
17                     the carrier shall have the right to
 
18                     substitute or add [to its] like equipment and
 
19                     to substitute or add to its facilities as the
 
20                     development of its business may require; and
 
21                     [provided further that no]
 
22               (ii)  No motor carrier shall commence operations
 
23                     under any contract carrier authority granted
 

 
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 1                     under this section until it has filed with
 
 2                     the commission a certified copy of a written
 
 3                     contract or contracts executed with the
 
 4                     shipper or shippers for whom the service is
 
 5                     authorized in the permit to be provided, the
 
 6                     contract or contracts to be bilateral and
 
 7                     impose specific obligations upon both carrier
 
 8                     and shipper or shippers and to set forth all
 
 9                     terms and conditions of any transportation
 
10                     agreement obtaining between the motor carrier
 
11                     and the shipper or shippers.
 
12      (d)  If any person engages in motor carrier activity, either
 
13 on a trial, test, or developmental basis or otherwise, with or
 
14 without compensation, but without prior written authority granted
 
15 by the commission to do so, the activity shall constitute prima
 
16 facie evidence of motor carrier activity undertaken to evade the
 
17 regulatory purposes of this chapter, and shall constitute grounds
 
18 for the commission to deny for a period of two years any
 
19 application for a permit made by the person engaging in the
 
20 activity."
 
21      SECTION 3.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 4.  This Act shall take effect upon its approval.