Hawaii Administrative Code

(a) Rates based on time, weight, or mileage are permissible, and shall take precedence over all other types of rates. (b) Commodity rates may be published in stated truckload or less-than-truckload quantities, and, if so published, shall take precedence over classification rates …

(a) Notwithstanding section 16-603-14, common carriers of property shall conform to the following rule, and shall incorporate the rule in any tariff containing classification or commodity rates: Whenever a classification rate and commodity rate are named between specific points, …

Form of applications: A common carrier desiring to publish and apply rates, charges, rules, or conditions different from those previously filed by the common carrier or its agent shall file an application for a tariff change. An original and eight copies of the application shall …

(a) Applications to change tariffs or to implement supplements shall be served in accordance with section 16-601-93 except for applications to implement on less than statutory notice in emergencies. (b) Applications to implement on less than statutory notice in emergencies shall …

(a) The commission, may grant requests for changes or additions to tariffs on less than thirty days' notice if it finds that an emergency exists, and the applicant has proven that delay in implementing the change or addition will result in substantial damage to the applicant or i…

(a) When a certificate of public convenience and necessity or a permit is transferred, the transferee may adopt the tariffs and other instruments issued by or on behalf of the transferor if consistent with the commission's order authorizing the transfer of the certificate of publ…

"Commission" means the public utilities commission of the State. "Commodity rate" means the specific rate applicable to a commodity, as described in a tariff. "Common carrier" means "common carrier by motor vehicle" and "contract carrier" means "contract carrier by motor vehicle.…

A common carrier that changes its legal name without transfer of control shall immediately notify the commission in writing of the change and shall amend its tariffs to show the new name of the company. The common carrier shall also provide written notification of the name change…

Notes Haw. Code R. §§ 16-603-21 to 16-603-23 Eff 1/1/2019

Schedules shall consist of: (1) All of the terms, conditions, rates, fares, charges, and rules and other provisions applicable to service to be provided under the contract; (2) Description of the zones in which, or points from and to which, the actual rates or charges apply; (3) …

If a contract carrier receives approval from the commission to enter into another contract with a shipper or customer with whom it has an existing contract on file with the commission, a copy of the additional contract shall be filed with the commission and shall be marked: "Addi…

A contract carrier shall not amend its charges to a shipper or customer unless it provides thirty days' advance notice to the commission. A copy of all amendments to the contract between the contract carrier and its shipper or customer shall be filed with the commission. Notes Ha…

Notes Haw. Code R. §§ 16-603-27 to 16-603-28 Eff 1/1/2019

(a) Except as otherwise provided in this chapter, all transportation and other lawful charges shall be payable before the property is surrendered to the consignee or owner of the property, or, for prepaid shipments or passenger transportation, before the shipment or passengers ar…

(a) Tariff. A common carrier by motor vehicle shall file and maintain a current tariff with the commission that conforms to this chapter. Each common carrier by motor vehicle shall file an initial tariff prior to commencing service, and shall not commence service unless the tarif…

(a) Bond required. Each common or contract carrier of property or passengers that elects to handle C.O.D. shipments shall: (1) Obtain and file with the commission a bond of not less than $3,000 prior to handling any C.O.D. shipment; and (2) Remit to consignor all C.O.D. moneys co…

Notes Haw. Code R. §§ 16-603-31 to 16-603-32 Eff 1/1/2019

(a) Every common or contract carrier of property shall issue a bill of lading or freight receipt, at the time a shipment is accepted. The bill of lading shall be itemized, shall clearly and fully describe the shipment and shall show its classification. In addition, when freight r…

(a) Every common carrier of property by motor vehicle in the household goods classification shall provide the householder, owner of the household goods, or person responsible for payment a written estimate of the cost of transportation prior to transporting the goods. (b) The wri…

Notes Haw. Code R. §§ 16-603-35 to 16-603-37 Eff 1/1/2019

The forms located at the end of this subchapter and made a part hereof, are merely illustrative as to general form. The content of particular documents will vary, depending upon the subject matter and applicable procedural requirements. Notes Haw. Code R. § 16-603-38 Eff 1/1/2019…

(a) All tariffs, schedules, amendments, and supplements shall be typewritten on paper 8-1/2 x 11 inches in size. (b) Each page shall be in a form suitable for insertion into a looseleaf binder, and shall contain margins at least 5/8" wide at the binding edge. (c) Each page of the…

(a) A common or contract carrier shall make its tariff or schedule available for public inspection or examination at its principal place of business. (b) A common or contract carrier shall also post and file, at each of its stations or offices where bills are prepared, all of the…

(a) A common carrier may authorize an agent to publish and file a tariff or supplement in which the carrier participates, by issuing an appropriate power of attorney, in the form attached as an example in Appendix A, in favor of the agent. The agent shall be an organization which…

Notes Haw. Code R. §§ 16-603-7 to 16-603-8 Eff 1/1/2019

(a) Tariffs shall follow the format of the sample tariff in Appendix D, to the extent reasonably practicable. Each tariff page shall contain the following information: (1) The name and PUC number of the common carrier or agent issuing the tariff centered on the top of the page; (…

This chapter governs the; (1) Form and content of tariffs of water carriers of property and passengers, and the information and data to be submitted for the establishment of new or revised rates, fares, or charges; and (2) Filing of financial and statistical information by water …

(a) Each tariff and supplement must be typewritten on paper 8-1/2 x 11 inches in size. (b) Each page of a tariff or supplement must:(1) Be in a form suitable for insertion into a looseleaf binder and contain margins at least 5/8 inches wide on the binding edge; and (2) Be numbere…

(a) A tariff must contain the following: (1) Title page; (2) Check sheet; (3) Table of contents; (4) Listing of water carriers participating in the tariff; (5) Definitions of technical and other important terms used in the tariff; (6) Rules; (7) Index of stations and points for p…

(a) Each tariff page must contain the following information: (1) Name of the water carrier or agent issuing the tariff; (2) Name and number of the tariff; (3) Page number of the tariff. If the page is a revised page, the number of the revision must precede the page number (e.g., …

Each supplement to a basic tariff must be consecutively numbered, starting with 'Supplement No. 1." The supplement must identify on the title page the basic tariff to which it is a supplement and briefly describe the nature of the supplement. In addition to meeting the requiremen…

Water carriers: (1) May establish joint routes and through rates with one another and with motor carriers engaged in common carriage; and (2) Shall establish reasonable rules governing these rates. Interline revenues are to be divided by agreement between the participating carrie…

(a) Water carriers of property may group articles into classes and establish class rates. The classification must clearly describe the commodities included in each class, the ratings assigned to the classes, and relevant rules. The rules must precede the classification of article…

(a) A rate for an article lower than the rates for classes of articles must be published as a commodity rate, or if the article is otherwise included in a class of articles for which a class rate has been established, as an exception to the class. Exceptions must be published as …

(a) If a water carrier of property has a tariff containing classification or commodity rates, the water carrier must observe and incorporate the following rule in its tariff: When a classification rate and a commodity rate are named between specific points, the lower of the rates…

As used in this chapter, unless the context clearly requires otherwise: "Basic tariff" means the current tariff on file with the commission. A basic tariff may be added to from time to time through supplements. "Certificate of public convenience and necessity" means a certificate…

(a) The cargo sailing schedule, with departure and arrival dates and with time of departure and arrival, must be published in an appropriate section of each tariff. The publication does not alter the water carrier's duties with respect to the receipt and delivery of cargo as esta…

The term "all points" or similar terms may not be used in any tariff to indicate the points from or to which fares apply. Notes Haw. Code R. § 16-605-21 [Eff 1/1/2019) (Auth: HRS §§ 269-6, 271G-7) (Imp: HRS §§ 269-6, 271G-7, 271G-16)

(a) When a certificate of public convenience and necessity or other operating right is transferred, the transferee carrier may adopt the tariffs and other instruments issued by or on behalf of the transferor carrier, if permitted by the commission's order authorizing the transfer…

A water carrier that changes its legal name without a change in ownership or control shall immediately notify the commission in writing of the change and shall amend its tariffs to show the new name of the company. The water carrier shall immediately provide written notification …

Notes Haw. Code R. §§ 16-605-24 to 16-605-29 Eff 1/1/2019

(a) A water carrier may not commence any service without first having a tariff for the service approved by and on file with the commission. (b) A tariff must be filed with the commission in the original and three copies. (c) A water carrier may file the tariff either in person at…

(a) A water carrier desiring to publish and apply fares or rates and charges, sailing schedules, or rules or conditions different from those previously filed by the water carrier or its agent shall file an application for a tariff change in accordance with the applicable provisio…

(a) Any application for a tariff change that constitutes a request for a general rate increase must be preceded by a notice of intent to seek such change in conformance with section 16-601-85, except when the change is due to a fuel surcharge approved by the commission. (b) The a…

Notes Haw. Code R. §§ 16-605-32 to 16-605-37 Eff 1/1/2019

(a) Any proposed change to a tariff on file with the commission must be served in accordance with section 16-601-94 (c, except for applications to implement on less than statutory notice, which are governed by sections 16-605-41 and 16-601-112 The commission may require service o…

The commission, at its discretion, may reject any proposed tariff change if lawful notice of the proposed change has not been given or if the proposed change fails to meet the requirements of the commission's rules or violates any commission order. Notes Haw. Code R. § 16-605-39 …