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



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



(c)  Subject to section 271-15, 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 this chapter and the requirements, rules, and regulations of
the commission thereunder, and that the proposed service, to the extent to be
authorized by the certificate, is or will be required by the present or future
public convenience and necessity; otherwise the application shall be denied.



(d)  Any certificate issued under this section
covering the transportation of property shall be issued as an irregular route
certificate and shall specify the island or islands or portion or portions
thereof within which service may be rendered.  Any certificate covering the
transportation of passengers shall specify the service to be rendered and the
routes over which, the fixed termini, if any, between which, and the
intermediate and off-route points, if any, at which the motor carrier is
authorized to operate, and the certificate may include authority to transport
in the same vehicle with the passengers, baggage of passengers, express, and
also to transport baggage of passengers in a separate vehicle.  There shall, at
the time of issuance, and from time to time thereafter, be attached to the
exercise of the privileges granted by the certificate such reasonable terms,
conditions, and limitations as the public convenience and necessity may from
time to time require, including terms, conditions, and limitations as to the
extensions of the service territory or route or routes of the carriers, and
such terms and conditions as are necessary to carry out, with respect to the
operations of the carrier, the requirements established by the commission under
sections 271-9(a)(1) and 271-9(a)(4), provided that the terms, conditions, or
limitations shall not restrict the right of the carrier to add to his or its
equipment and facilities in the service territory or over the routes or between
the termini as the development of business and the demands of the public shall
require.



(e)  Any common carrier by motor vehicle
transporting passengers under any such certificate may occasionally deviate
from the route over which and the fixed termini between which it is authorized
to operate under the certificate under such rules and regulations as the
commission 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 adding
different type of equipment as proviso in subsection (d) applies only to adding
authorized 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 public
convenience and necessity and of applicant's fitness must be supported by
substantial 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 to
transfer of certificates of public convenience and necessity pursuant to
§271-18(d), the public utilities commission was not required to permit
intervenor carriers to argue those issues in proceedings regarding carrier's
transfer applications.  93 H. 45, 995 P.2d 776.



  Public utilities commission did not err in declining to apply
the standards of subsection (c) or engage in dormancy analysis in carrier's
transfer application proceedings where commission concluded that carrier's
services had not been dormant for a significant period of time; that carrier
had ceased operations because of financial and other internal problems,
immediately initiated negotiations to transfer certificate, and entered
bankruptcy shortly thereafter mitigated against application of dormancy
doctrine.  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 §§271-1 and 271-18, this
section 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 utilities
commission to limit a carrier to a specific type of motor vehicle, commission
did not exceed its statutory authority in granting company's application.  104
H. 98, 85 P.3d 623.