§269-20  Certificates of public convenienceand necessity for water carriers.  (a)  No person which holds itself out tothe general public to engage in the transportation by water of passengers orproperty or any class or classes thereof for compensation, between points inthe State of Hawaii, shall operate unless there is in force with respect tosuch carrier a certificate of public convenience and necessity issued by thecommission authorizing such transportation; provided that this section shallnot apply to any carrier by water to the extent that the carrier is excludedfrom the definition of a public utility under section [269-1(2)(E) and (F)].

(b)  Applications for certificates shall bemade in writing under oath to the commission in such form as it requires.

(c)  A certificate shall be issued to anyqualified applicant therefor, authorizing the whole or any part of theoperations covered by the application, if it is found that the applicant isfit, willing, and able properly to perform the service proposed and to conformto the provisions of this chapter and the requirements, rules and regulationsof the commission thereunder, and that the proposed service, to the extentauthorized by the certificate, is or will be required by the present or futurepublic convenience and necessity; otherwise such application shall be denied. Any certificate issued shall specify the service to be rendered and the routesand ports which the water carrier is to serve and there shall be attached tothe exercise of the privileges granted by the certificate, at the time ofissuance and from time to time thereafter, such reasonable conditions andlimitations as the public convenience and necessity may require.

(d)  The commission may at any time suspend,change or revoke such certificate in the manner provided in section 271-19. [L1933, c 169, pt of §4; RL 1945, §4719; am L 1945, c 189, §1; am L 1949, c 366,§2; RL 1955, §104-19; HRS §269-20; am L 1969, c 55, §1]

 

Revision Note

 

  Provisions of subsection (c) authorizing the issuance of acertificate to a carrier under L 1969, c 55, §1, deleted as obsolete.

 

Case Notes

 

  Acceptance of certificate and benefits, estops holder fromcontesting validity of law under which certificate issued.  33 H. 813.

  Certificate within police power; not a franchise.  34 H. 52.

  Ownership of franchise does not prevent application for acertificate for other purposes.  40 H. 579.

  Regulation of depreciation practice of utilities; scope ofcourt's review of commission order.  42 H. 233.