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

(b)  Applications for permits shall be made inwriting to the commission, be verified under oath, and shall be in such formand 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 permit shallbe issued to any qualified applicant therefor, authorizing in whole or in partthe operations covered by the application, if it is found that the applicant isfit, willing, and able properly to perform the service of a contract carrier bymotor vehicle, and to conform to this chapter and the lawful requirements,rules, and regulations of the commission thereunder, and that the proposedoperation to the extent authorized by the permit will be consistent with thepublic interest and the transportation policy declared in this chapter;otherwise, the application shall be denied.  In determining whether issuance ofa permit will be consistent with the public interest and the transportationpolicy, the commission shall consider the number of shippers to be served bythe applicant, the nature of the service proposed, whether the proposed servicecan be or is being properly performed by existing common carriers, the effectwhich granting the permit would have upon the services of the protestingcarriers, the effect which denying the permit would have upon the applicant'sproposed shipper or shippers, and the changing character of shipperrequirements; provided, however, that a permit shall not be issued in any casewhere it has been established that an existing common carrier is properlyperforming, the proposed service.  The commission shall specify in the permitthe business of the contract carrier covered thereby and the scope thereof, andit shall attach to it at the time of issuance, and from time to time thereaftersuch reasonable terms, conditions, and limitations consistent with thecharacter of the holder of the permit as a contract carrier, including terms,conditions, and limitations respecting the person or persons, their names, thenumber or class thereof for which the contract carrier may perform transportationservice, as may be necessary to assure that the business is that of a contractcarrier and within the scope of the permit, and to carry out with respect tothe operation of the carrier the requirements established by the commissionunder sections 271-9(a)(2) and 271-9(a)(4).  Any permit covering thetransportation of passengers may include authority to transport in the samevehicle with the passengers, baggage of passengers, and also authority totransport baggage of passengers in a separate vehicle; provided that within thescope of the permit and any terms, conditions, or limitations attached thereto,the carrier shall have the right to substitute or add to its equipment andfacilities as the development of its business may require; and provided furtherthat no motor carrier shall commence operations under any contract carrierauthority granted under this section until it has filed with the commission acertified copy of a written contract or contracts executed with the shipper orshippers for whom the service is authorized in the permit to be provided, thecontract or contracts to be bilateral and impose specific obligations upon bothcarrier and shipper or shippers and to set forth all terms and conditions ofany transportation agreement obtaining between the motor carrier and theshipper 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 fromInterstate Commerce Commission regulation.  395 F. Supp. 261.