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

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

(2)  Privately-operated public passenger vehicleservice provides vital transportation links within the State.  Public passengervehicle service operated in the counties enables the State to provide thebenefits of privately-operated, demand-responsive transportation services toits people and to persons who travel to the State for business or touristpurposes;

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

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

(5)  The policy of the State is to require thatcounties regulate privately-operated public passenger vehicle service and notsubject a county or its officers to liability under the federal antitrust laws;

(6)  The policy of the State is to further promoteprivately-operated public passenger vehicle service, including but not limitedto, the picking up and discharge of passengers from various unrelated locationsby taxicabs; and

(7)  The policy of the State is to further promoteprivately-operated public passenger vehicle service by requiring jitneyservices not regulated by the counties to be under the jurisdiction of thepublic utilities commission.  For the purposes of this paragraph, "jitneyservices" means public transportation services utilizing motor vehiclesthat have seating accommodations for six to twenty-five passengers, operatealong specific routes during defined service hours, and levy a flat fareschedule.

(b)  Any other law to the contrarynotwithstanding, where not within the jurisdiction of the public utilitiescommission, every county may provide rules to protect the public health,safety, and welfare by licensing, controlling, and regulating, by ordinance orresolution, public passenger vehicle service operated within the jurisdictionof the county; provided that the counties shall promote the policies set forthin subsection (a).

(c)  Every county is empowered to regulate:

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

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

(3)  The establishment of stands to be employed by oneor 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]