Title 15, Transportation And Utilities

§271-13 Permits for contract carriers by motor vehicle. (a) Except as otherwise provided in this section and in section 271-16, no person shall engage in the business of a contract carrier by motor vehicle over any public highway in this State unless there is in force, with respe…

§271-14 No proprietary right in highway. No certificate or permit issued under this chapter confers any proprietary or property right in the use of the public highways. [L 1961, c 121, pt of §2; Supp, §106C-12; HRS §271-14]

§271-15 Dual operation. Unless, for good cause shown, the public utilities commission finds or has found that both a certificate and a permit may be so held consistently with the public interest and with the declaration of policy declared in this chapter: (1) No person, or any pe…

§271-16 Temporary authority. To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting the need, the public utilities commission may, in its discretion and without hea…

§271-17 Security for protection of public. No certificate or permit shall be issued to a motor carrier or remain in force unless such carrier complies with such reasonable rules and regulations as the public utilities commission shall prescribe governing the filing and approval o…

§271-18 Transfer of certificates of public convenience and necessity, contract carrier permits, and carrier property. (a) For the purpose of the administration and application of subsections (a) and (b), the terms "carrier" includes any motor carrier subject to this chapter, or a…

§271-19 Suspension, change, and revocation of certificates and permits. (a) Certificates and permits shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any certificate or permit, upon application of the…

§271-2 Administration; governing provisions of other acts. This chapter shall be administered by the public utilities commission of the State and the provisions of this chapter and of chapter 269, not inconsistent with this chapter, shall govern its administration; provided that …

§271-20 Rates, fares and charges of common carriers by motor vehicle. (a) It shall be the duty of every common carrier of passengers by motor carrier to provide safe and adequate service, equipment, and facilities for the transportation of passengers and to establish, observe, an…

§271-21 Tariffs of common carriers by motor vehicle. (a) Every common carrier by motor vehicle shall file with the public utilities commission, and print, and keep open to public inspection, tariffs showing all the rates, fares, and charges for transportation, and all services in…

§271-22 Schedules of contract carriers by motor vehicle. (a) It shall be the duty of every contract carrier by motor vehicle to file and observe reasonable minimum rates and charges for any service rendered or to be rendered in the transportation of passengers or property in conn…

§271-23 Bills of lading, shipping documents. The public utilities commission may prescribe for motor carriers the form and content of all bills of lading, freight bills, receipts, or other shipping documents governing the movement of traffic by motor carriers regulated under this…

§271-24 Recovery of overcharges or undercharges. (a) All actions by common carriers by motor vehicle for the recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after. (b) For recovery of overcharges…

§271-25 Accounts, records, and reports. (a) The public utilities commission may require annual, periodical, or special reports from all motor carriers, prescribe the manner and form in which the reports shall be made, and require from the carriers specific and full, true, and cor…

§271-26 Records to be maintained in State. Each motor carrier maintaining an office or place of business within this State shall keep therein all books, accounts, papers, and records required by the public utilities commission to be kept within this State. No books, accounts, pap…

§271-26.5 Change of address; responsibility; service of documents. A motor carrier shall have, maintain and operate from a definite place of business in the State and shall display therein the certificate or permit issued by the public utilities commission. The certificate or per…

§271-27 Unlawful operation. (a) Any person intentionally, knowingly, or recklessly violating any provision of this chapter, or any rule, requirement, or order thereunder, or any term or condition of any certificate or permit for which a penalty is not otherwise provided, shall be…

§271-28 Collection of rates and charges. No common carrier by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid, except under such rules and regulations as the public util…

[§271-28.5] Motor carrier lien. (a) In addition to the lien provided by section 490:7-307, a carrier has a lien on freight in its possession for the total amount owed the carrier by the shipper for freightage, charges for services and advances due on freight previously delivered …

§271-29 Identification of carriers. The public utilities commission is authorized, under such rules and regulations as it shall prescribe, to require the display of suitable identification number or numbers, upon any motor vehicle used in transportation subject to this chapter, a…

§271-3 Application of chapter, interstate, or foreign commerce. Neither this chapter nor any provision hereof shall apply to commerce with foreign nations or to interstate commerce, except insofar as the application is permitted under the Constitution and laws of the United State…

§271-30 Allowance to shippers for transportation services. If the shipper of property transported under this chapter, directly or indirectly, renders any service connected with the transportation, or furnishes any instrumentality used therein, the charge and allowance therefor sh…

§271-31 Hearings. (a) All hearings, investigations, and proceedings shall be governed by this section and by rules of practice and procedure adopted by the public utilities commission, and in the conduct thereof, the technical rules of evidence need not be applied. No informality…

§271-32 Reconsideration and rehearings. (a) After any order or decision has been made by the public utilities commission, any party to the proceeding may apply once for reconsideration or a rehearing in respect to any matter determined in the proceeding and specified in the motio…

§271-33 Appeals. From the order made on an application for reconsideration or rehearing by the public utilities commission under this chapter, an appeal shall lie, subject to chapter 602, in the manner and within the time provided for civil appeals from the circuit courts and by …

§271-34 Witnesses. (a) Each witness who appears by order of the public utilities commission shall receive for the witness' attendance the same fees and mileage allowed by law to a witness in civil cases, which shall be paid by the party at whose request the witness is subpoenaed.…

§271-35 Agreements between carriers. (a) For purposes of this section the term "antitrust laws" means any law of the State previously enacted or hereafter enacted pertaining to unlawful restraints of trade and monopolies. (b) Any carrier party to an agreement between or among two…

§271-36 Fees and charges. (a) Every common carrier by motor vehicle and every contract carrier by motor vehicle shall pay to the commission, in April of each year, a fee equal to one-fourth of one per cent of the gross revenues from the carrier's business during the preceding cal…

§271-37 Attorney general; aid in enforcement. Upon written request of the department, the attorney general shall prosecute all violations on behalf of the department for the enforcement of the provisions of this chapter. [L 1978, c 66, §6; am L 2024, c 117, §4]

§271-38 Enforcement. The department shall assign a motor vehicle safety officer employed by the department to assist in the enforcement of this chapter. [L 1995, c 105, §§3, 7; am L 1996, c 102, §1; am L 1997, c 120, §6; am L 2004, c 199, §2; am L 2024, c 117, §5]

[§271-39] Motor carrier indemnification agreements prohibited. (a) Any provision in a transportation services contract or agreement that requires a motor carrier to indemnify, defend, or hold harmless or that purports to indemnify, defend, or hold harmless, whether in whole or in…

§271-4 Definitions. As used in this chapter: "Certificate" means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle. "Chapter" means the Motor Carrier Law. "Commission" means the public utilities commission. "Common car…

§271-5 Exemptions, generally. Notwithstanding any other provisions of this chapter, its contents shall not apply to: (1) Persons transporting their own property where the transportation is in furtherance of a primary business purpose or enterprise of that person, except where the…

§271-7 Exemptions, vehicles used by farmers. Notwithstanding any other provisions of this chapter all motor vehicles used by farmers exclusively for their farm operations and all motor vehicles used by farmers who infrequently transport from the place of production to a warehouse…

§271-8 Certificate or permit required. Except as provided in section 271-5, no person shall engage in the transportation of persons or property, for compensation or hire, by motor vehicle, over any public highway of this State unless there is in force with respect to the person a…

§271-8.5 Advertising. (a) It shall be a misdemeanor for any person, including a person who is exempt under section 271-5, to advertise as a motor carrier of passengers or property, unless the person holds a valid certificate or permit required by this chapter as to the classifica…

§271-9 General duties and powers of the commission. (a) The general duties and powers of the public utilities commission shall be: (1) To regulate common carriers by motor vehicle, and to that end the commission shall establish reasonable requirements with respect to continuous a…

§271-9.5 Electronic copies of documents. (a) No later than July 1, 2011, the public utilities commission shall accept from any person who submits a document to the commission the original or one electronic copy of each application, complaint, pleading, brief, or other document re…