Title 15, Transportation And Utilities

[§271G-1 Short title.] This chapter shall be called the Hawaii Water Carrier Law. [L 1974, c 94, pt of §1]

§271G-10 Applications for certificates of public convenience and necessity. (a) Except as otherwise provided in this section and in sections 271G-6 and 271G-12, no water carrier shall engage in operations between points within the State unless the carrier holds a certificate of p…

[§271G-11] No proprietary right in water. No certificate issued under this chapter confers any proprietary or property right in the use of the waterways. [L 1974, c 94, pt of §1]

[§271G-12] 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 …

[§271G-13] Security for protection of public. No certificate shall be issued to a water 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 of suret…

§271G-14 Transfer of certificates of public convenience and necessity, and carrier property. (a) For the purpose of the administration and application of subsections (a) and (b), the term "carrier" includes any water carrier subject to this chapter, or any carrier subject to the …

[§271G-15] Suspension, change, and revocation of certificates. Certificates shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any certificate may, upon application of the holder thereof, in the discret…

[§271G-16] Rates, fares and charges of common carriers by water. (a) It shall be the duty of every water carrier of passengers to provide safe and adequate service, equipment, and facilities for the transportation of passengers and to establish, observe, and enforce just and reas…

§271G-17 Tariffs of water carriers. (a) Every water carrier 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 connection therewith, of passenger…

§271G-17.5 Issuance of securities. (a) A water common carrier may, on securing the prior approval of the public utilities commission, and not otherwise: (b) As used in this section, "property" and "facilities" mean property and facilities used in all operations of a water carrier…

[§271G-18] Accounts, records, and reports. The public utilities commission may require annual, periodical, or special reports from all water carriers, prescribe the manner and form in which the reports shall be made, and require from the carriers specific and full, true, and corr…

§271G-19 Unlawful operation. (a) Any person knowingly and wilfully violating any provision of this chapter, or violating any certificate for which violation a penalty is not otherwise herein provided, shall be fined not less than $100 nor more than $500 for the first offense, and…

[§271G-2] Declaration of policy. The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, by water within the State or between points within the State, constitutes a business affected with the public intere…

[§271G-20] Collection of rates and charges. No water carrier shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid if such delivery or relinquishment without payment of all such rates and c…

[§271G-21] Recovery of overcharges or undercharges. (a) All actions by water carriers or common carriers by water 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 o…

[§271G-22] 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…

§271G-23 Hearings. (a) All hearings, investigations, and proceedings shall be governed by chapter 91 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; provided that i…

[§271G-23.5] Notice of hearing required. (a) Whenever the commission conducts a public hearing on an application for a certificate pursuant to section 271G-10, the commission shall provide reasonable notice in writing to the applicant for a certificate and to the public on each i…

§271G-24 Appeals. From an order of the public utilities commission under this chapter, an appeal shall lie, subject to chapter 602, in the manner provided for civil appeals from the circuit courts and by the rules of court; provided that the order is final, or if preliminary, is …

§271G-25 Agreement between carriers. (a) For purposes of this section the term "antitrust laws" means any law of the State previously enacted pertaining to unlawful restraints of trade and monopolies. (b) Any carrier party to an agreement between or among two or more carriers rel…

§271G-3 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…

[§271G-4] Application of chapter, interstate, or foreign commerce. This chapter shall not 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 States. [L 1974, c 94, pt of §1…

§271G-5 Definitions. As used in this chapter: "Certificate" means a certificate of public convenience and necessity issued under this chapter to common carriers by water. "Chapter" means this Water Carrier Law. "Commission" means the public utilities commission. "Document" includ…

§271G-6 Exemptions, generally. Notwithstanding any other provisions of this chapter, its contents shall not apply to:

§271G-7 General duties and powers of the commission. The general duties and powers of the public utilities commission shall be:

§271G-7.5 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 r…

§271G-8 Reports and decisions of commission. Whenever the public utilities commission inquires into the operations, operating rights, rates, safety of operations, or directs inquiry and investigation into water carrier activities regulated under this chapter, and holds public hea…

[§271G-9] Copies of schedules, tariffs, contracts, etc., kept as public records; evidence. The copies of schedules and classifications and tariffs or rates, fares, and charges, and all contracts, agreements and arrangements between water carriers filed with the public utilities c…