§271-1  Declaration of policy.  The
legislature of this State recognizes and declares that the transportation of
persons and of property, for commercial purposes, over the public highways of
this State constitutes a business affected with the public interest.  It is
intended by this chapter to provide for fair and impartial regulation of such
transportation in the interest of preserving for the public the full benefit
and use of the highways consistent with the public safety and the needs of
commerce; to promote safe, adequate, economical, and efficient service and
foster sound economic conditions in transportation and among the several
carriers, to encourage the establishment and maintenance of reasonable rates
and charges for transportation and related accessorial service, without unjust
discrimination, undue preference or advantage, or unfair or destructive
competitive practices.  This chapter shall be administered and enforced with a
view 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 public
policy considerations of this section, including any damage sustained by
intervenor motor carriers or the public by virtue of bankrupt carrier not
having utilized its certificate for several months, where, based upon evidence
adduced, commission concluded that carriers that conducted operations during
interruption of bankrupt carrier's service did not unfairly suffer adverse
effects detrimental to the provision of adequate transportation services to the
public.  93 H. 45, 995 P.2d 776.



  Where the public utilities commission acted within its
prerogatives in treating bankrupt carrier's application as a request to permit
other carriers to continue bankrupt carrier's existing service, and in doing so
considered 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.