§46-16.5  Public passenger vehicle
regulation.  (a)  The legislature finds and declares the following:



(1)  The orderly regulation of vehicular traffic on
the streets and highways of Hawaii is essential to the welfare of the State and
its people;



(2)  Privately-operated public passenger vehicle
service provides vital transportation links within the State.  Public passenger
vehicle service operated in the counties enables the State to provide the
benefits of privately-operated, demand-responsive transportation services to
its people and to persons who travel to the State for business or tourist
purposes;



(3)  The economic viability and stability of
privately-operated public passenger vehicle service is consequently a matter of
statewide importance;



(4)  The policy of the State is to promote safe and
reliable privately-operated public passenger vehicle service to provide the
benefits of that service.  In furtherance of this policy, the legislature
recognizes and affirms that the regulation of privately-operated public
passenger vehicle service is an essential governmental function;



(5)  The policy of the State is to require that
counties regulate privately-operated public passenger vehicle service and not
subject a county or its officers to liability under the federal antitrust laws;



(6)  The policy of the State is to further promote
privately-operated public passenger vehicle service, including but not limited
to, the picking up and discharge of passengers from various unrelated locations
by taxicabs; and



(7)  The policy of the State is to further promote
privately-operated public passenger vehicle service by requiring jitney
services not regulated by the counties to be under the jurisdiction of the
public utilities commission.  For the purposes of this paragraph, "jitney
services" means public transportation services utilizing motor vehicles
that have seating accommodations for six to twenty-five passengers, operate
along specific routes during defined service hours, and levy a flat fare
schedule.



(b)  Any other law to the contrary
notwithstanding, where not within the jurisdiction of the public utilities
commission, every county may provide rules to protect the public health,
safety, and welfare by licensing, controlling, and regulating, by ordinance or
resolution, public passenger vehicle service operated within the jurisdiction
of the county; provided that the counties shall promote the policies set forth
in subsection (a).



(c)  Every county is empowered to regulate:



(1)  Entry into the business of providing public
passenger vehicle service within the jurisdiction of that county.



(2)  The rates charged for the provision of public
passenger vehicle service.



(3)  The establishment of stands to be employed by one
or a limited number of providers of public passenger vehicle service. [L 1986,
c 120, §1; am L 1988, c 286, §2; am L 1995, c 98, §1]