§271-13  Permits for contract carriers by
motor vehicle.  (a)  Except as otherwise provided in this section and in
section 271-16, no person shall engage in the business of a contract carrier by
motor vehicle over any public highway in this State unless there is in force
with respect to such carrier a permit issued by the public utilities commission
authorizing the person to engage in this business.



(b)  Applications for permits 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 permit shall
be issued to any qualified applicant therefor, authorizing in whole or in part
the operations covered by the application, if it is found that the applicant is
fit, willing, and able properly to perform the service of a contract carrier by
motor vehicle, and to conform to this chapter and the lawful requirements,
rules, and regulations of the commission thereunder, and that the proposed
operation to the extent authorized by the permit will be consistent with the
public interest and the transportation policy declared in this chapter;
otherwise, the application shall be denied.  In determining whether issuance of
a permit will be consistent with the public interest and the transportation
policy, the commission shall consider the number of shippers to be served by
the applicant, the nature of the service proposed, whether the proposed service
can be or is being properly performed by existing common carriers, the effect
which granting the permit would have upon the services of the protesting
carriers, the effect which denying the permit would have upon the applicant's
proposed shipper or shippers, and the changing character of shipper
requirements; provided, however, that a permit shall not be issued in any case
where it has been established that an existing common carrier is properly
performing, the proposed service.  The commission shall specify in the permit
the business of the contract carrier covered thereby and the scope thereof, and
it shall attach to it at the time of issuance, and from time to time thereafter
such reasonable terms, conditions, and limitations consistent with the
character of the holder of the permit as a contract carrier, including terms,
conditions, and limitations respecting the person or persons, their names, the
number or class thereof for which the contract carrier may perform transportation
service, as may be necessary to assure that the business is that of a contract
carrier and within the scope of the permit, and to carry out with respect to
the operation of the carrier the requirements established by the commission
under sections 271-9(a)(2) and 271-9(a)(4).  Any permit covering the
transportation of passengers may include authority to transport in the same
vehicle with the passengers, baggage of passengers, and also authority to
transport baggage of passengers in a separate vehicle; provided that within the
scope of the permit and any terms, conditions, or limitations attached thereto,
the carrier shall have the right to substitute or add to its equipment and
facilities as the development of its business may require; and provided further
that no motor carrier shall commence operations under any contract carrier
authority granted under this section until it has filed with the commission a
certified copy of a written contract or contracts executed with the shipper or
shippers for whom the service is authorized in the permit to be provided, the
contract or contracts to be bilateral and impose specific obligations upon both
carrier and shipper or shippers and to set forth all terms and conditions of
any transportation agreement obtaining between the motor carrier and the
shipper or shippers. [L 1961, c 121, pt of §2; am L 1962, c 12, §2; Supp,
§106C-11; HRS §271-13; am L 1969, c 57, §1]



 



Case Notes



 



  Hawaii household goods movers no longer exempt from
Interstate Commerce Commission regulation.  395 F. Supp. 261.