§271-1  Declaration of policy.  Thelegislature of this State recognizes and declares that the transportation ofpersons and of property, for commercial purposes, over the public highways ofthis State constitutes a business affected with the public interest.  It isintended by this chapter to provide for fair and impartial regulation of suchtransportation in the interest of preserving for the public the full benefitand use of the highways consistent with the public safety and the needs ofcommerce; to promote safe, adequate, economical, and efficient service andfoster sound economic conditions in transportation and among the severalcarriers, to encourage the establishment and maintenance of reasonable ratesand charges for transportation and related accessorial service, without unjustdiscrimination, undue preference or advantage, or unfair or destructivecompetitive practices.  This chapter shall be administered and enforced with aview to carrying out the above declaration of policy. [L 1961, c 121, pt of §2;Supp, §106C-1; HRS §271-1]

 

Case Notes

 

  Public utilities commission adequately addressed the publicpolicy considerations of this section, including any damage sustained byintervenor motor carriers or the public by virtue of bankrupt carrier nothaving utilized its certificate for several months, where, based upon evidenceadduced, commission concluded that carriers that conducted operations duringinterruption of bankrupt carrier's service did not unfairly suffer adverseeffects detrimental to the provision of adequate transportation services to thepublic.  93 H. 45, 995 P.2d 776.

  Where the public utilities commission acted within itsprerogatives in treating bankrupt carrier's application as a request to permitother carriers to continue bankrupt carrier's existing service, and in doing soconsidered the public interest factors required under §271-18 and this section,§271-12 and the new service doctrine were inapposite to the case.  93 H. 45,995 P.2d 776.