§271-12  Applications for certificates ofpublic convenience and necessity.  (a)  Except as otherwise provided inthis section and in section 271-16, no person shall engage in the business of acommon carrier by motor vehicle on any public highway in this State, unlessthere is in force with respect to such carrier a certificate of publicconvenience and necessity issued by the public utilities commission authorizingsuch operation.

(b)  Applications for certificates shall bemade in writing to the commission, be verified under oath, and shall be in suchform and contain such information, and be accompanied by proof of service uponinterested parties as the commission shall, by regulation, require.

(c)  Subject to section 271-15, a certificateshall be issued to any qualified applicant therefor, authorizing the whole orany part of the operations covered by the application if it is found that theapplicant is fit, willing, and able properly to perform the service proposedand to conform to this chapter and the requirements, rules, and regulations ofthe commission thereunder, and that the proposed service, to the extent to beauthorized by the certificate, is or will be required by the present or futurepublic convenience and necessity; otherwise the application shall be denied.

(d)  Any certificate issued under this sectioncovering the transportation of property shall be issued as an irregular routecertificate and shall specify the island or islands or portion or portionsthereof within which service may be rendered.  Any certificate covering thetransportation of passengers shall specify the service to be rendered and theroutes over which, the fixed termini, if any, between which, and theintermediate and off-route points, if any, at which the motor carrier isauthorized to operate, and the certificate may include authority to transportin the same vehicle with the passengers, baggage of passengers, express, andalso to transport baggage of passengers in a separate vehicle.  There shall, atthe time of issuance, and from time to time thereafter, be attached to theexercise of the privileges granted by the certificate such reasonable terms,conditions, and limitations as the public convenience and necessity may fromtime to time require, including terms, conditions, and limitations as to theextensions of the service territory or route or routes of the carriers, andsuch terms and conditions as are necessary to carry out, with respect to theoperations of the carrier, the requirements established by the commission undersections 271-9(a)(1) and 271-9(a)(4), provided that the terms, conditions, orlimitations shall not restrict the right of the carrier to add to his or itsequipment and facilities in the service territory or over the routes or betweenthe termini as the development of business and the demands of the public shallrequire.

(e)  Any common carrier by motor vehicletransporting passengers under any such certificate may occasionally deviatefrom the route over which and the fixed termini between which it is authorizedto operate under the certificate under such rules and regulations as thecommission may prescribe. [L 1961, c 121, pt of §2; am L 1962, c 12, §2; Supp,§106C-10; HRS §271-12; am L 1991, c 57, §13]

 

Attorney General Opinions

 

  Carrier must secure commission approval before addingdifferent type of equipment as proviso in subsection (d) applies only to addingauthorized type.  Att. Gen. Op. 62-37.

  Grandfather clause, issuance of certificates thereunder. Att. Gen. Op. 62-51.

 

Case Notes

 

  Commission's findings under subsection (c) of publicconvenience and necessity and of applicant's fitness must be supported bysubstantial evidence.  55 H. 463, 522 P.2d 1272.

  As this chapter contains no provisions regarding dormancy,and "public convenience and necessity" is not a prerequisite totransfer of certificates of public convenience and necessity pursuant to§271-18(d), the public utilities commission was not required to permitintervenor carriers to argue those issues in proceedings regarding carrier'stransfer applications.  93 H. 45, 995 P.2d 776.

  Public utilities commission did not err in declining to applythe standards of subsection (c) or engage in dormancy analysis in carrier'stransfer application proceedings where commission concluded that carrier'sservices had not been dormant for a significant period of time; that carrierhad ceased operations because of financial and other internal problems,immediately initiated negotiations to transfer certificate, and enteredbankruptcy shortly thereafter mitigated against application of dormancydoctrine.  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 §§271-1 and 271-18, thissection and the new service doctrine were inapposite to the case.  93 H. 45,995 P.2d 776.

  As this section does not require the public utilitiescommission to limit a carrier to a specific type of motor vehicle, commissiondid not exceed its statutory authority in granting company's application.  104H. 98, 85 P.3d 623.