§269-20  Certificates of public convenience
and necessity for water carriers.  (a)  No person which holds itself out to
the general public to engage in the transportation by water of passengers or
property or any class or classes thereof for compensation, between points in
the State of Hawaii, shall operate unless there is in force with respect to
such carrier a certificate of public convenience and necessity issued by the
commission authorizing such transportation; provided that this section shall
not apply to any carrier by water to the extent that the carrier is excluded
from the definition of a public utility under section [269-1(2)(E) and (F)].



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



(c)  A certificate shall be issued to any
qualified applicant therefor, authorizing the whole or any part of the
operations covered by the application, if it is found that the applicant is
fit, willing, and able properly to perform the service proposed and to conform
to the provisions of this chapter and the requirements, rules and regulations
of the commission thereunder, and that the proposed service, to the extent
authorized by the certificate, is or will be required by the present or future
public convenience and necessity; otherwise such application shall be denied. 
Any certificate issued shall specify the service to be rendered and the routes
and ports which the water carrier is to serve and there shall be attached to
the exercise of the privileges granted by the certificate, at the time of
issuance and from time to time thereafter, such reasonable conditions and
limitations 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. [L
1933, 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 a
certificate to a carrier under L 1969, c 55, §1, deleted as obsolete.



 



Case Notes



 



  Acceptance of certificate and benefits, estops holder from
contesting 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 a
certificate for other purposes.  40 H. 579.



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