REPORT TITLE:
Motor Carriers


DESCRIPTION:
Requires the public utilities commission to authorize no more
than the proposed service described in applications for either
certificates of public convenience and necessity for common
carriers and permits for contract carriers.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2307
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 shall be considered for authorization, in whole or in
 
14 part, only for the proposed service, routes and vehicle types
 
15 that are described with particularity in the application.  In
 
16 addition to the information that the commission specifies by
 
17 requirement or rule no application shall be considered complete,
 
18 unless the application describes fully and accurately the
 
19 proposed service, routes and vehicle types, whether they are
 

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

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

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

 
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 1                holder of the permit as a contract carrier,
 
 2                including terms, conditions, and limitations
 
 3                respecting the person or persons, their names, the
 
 4                number or class thereof for which the contract
 
 5                carrier may perform transportation service, as may
 
 6                be necessary to assure that the business is that
 
 7                of a contract carrier and within the scope of the
 
 8                permit, and to carry out with respect to the
 
 9                operation of the carrier the requirements
 
10                established by the commission under sections
 
11                271-9(a)(2) and 271-9(a)(4)[.];
 
12           (D)  Any permit covering the transportation of
 
13                passengers may include authority to transport in
 
14                the same vehicle with the passengers, baggage of
 
15                passengers, and also authority to transport
 
16                baggage of passengers in a separate vehicle;
 
17                provided that [within]:
 
18                (i)  Within the scope of the permit and any terms,
 
19                     conditions, or limitations attached thereto,
 
20                     the carrier shall have the right to
 
21                     substitute or add [to its] like equipment and
 
22                     to substitute or add to its facilities as the
 
23                     development of its business may require; and
 

 
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 1                     [provided further that no]
 
 2               (ii)  No motor carrier shall commence operations
 
 3                     under any contract carrier authority granted
 
 4                     under this section until it has filed with
 
 5                     the commission a certified copy of a written
 
 6                     contract or contracts executed with the
 
 7                     shipper or shippers for whom the service is
 
 8                     authorized in the permit to be provided, the
 
 9                     contract or contracts to be bilateral and
 
10                     impose specific obligations upon both carrier
 
11                     and shipper or shippers and to set forth all
 
12                     terms and conditions of any transportation
 
13                     agreement obtaining between the motor carrier
 
14                     and the shipper or shippers.
 
15      (d)  If any person engages in motor carrier activity, either
 
16 on a trial, test, or developmental basis or otherwise, with or
 
17 without compensation, but without prior written authority granted
 
18 by the commission to do so, the activity shall constitute prima
 
19 facie evidence of motor carrier activity undertaken to evade the
 
20 regulatory purposes of this chapter, and shall constitute grounds
 
21 for the commission to deny for a period of two years any
 
22 application for a permit made by the person engaging in the
 
23 activity."
 

 
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 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:  _______________________