§271-22  Schedules of contract carriers bymotor vehicle.  (a)  It shall be the duty of every contract carrier bymotor vehicle to file and observe reasonable minimum rates and charges for anyservice rendered or to be rendered in the transportation of passengers orproperty in connection therewith, and to file and observe reasonableregulations and practices to be applied in connection with the reasonableminimum rates, fares, and charges.  It shall be the duty of every contractcarrier by motor vehicle to file with the public utilities commission, publish,and keep open for public inspection, in the form and manner prescribed by thecommission, schedules containing the actual rates or charges of the carrier forthe transportation of passengers or property, and any rule, regulation, orpractice affecting the rates or charges and the value of the servicethereunder; provided that any contract carrier serving but one shipper havingrendered continuous service to the shipper for not less than one year may filereasonable minimum rates and charges unless the commission in any individualcase, after hearing, finds it in the public interest to require the filing ofactual rates and charges.  No contract carrier, unless otherwise provided bythis chapter, shall engage in the transportation of passengers or propertyunless the actual rates or charges for the transportation by the carrier havebeen published, filed, and posted in accordance with this chapter.  Nothingherein provided shall be so construed as to require the carriers to maintainthe same rates, rules and regulations for the same services for all shippersserved.  No reduction shall be made in any such charge either directly or bymeans of any change in any rule, regulation, or practice affecting the chargeor the value of the service thereunder, nor shall any new charge be permitted,except after thirty days' notice of the proposed change or new charge is filedin the aforesaid form and manner; but the commission may, in its discretion andfor good cause shown, allow the change upon less notice, or modify therequirements of this subsection with respect to posting and filing ofschedules, either in particular instances, or by general order applicable tospecial or peculiar circumstances or conditions.  The notice shall plainlystate the change proposed to be made and the time when the change will takeeffect.  No carriers shall demand, charge, or collect compensation fortransportation different from the charges filed in accordance with thissubsection, as affected by any rule, regulation, or practice so filed, or lessthan the minimum rate or charge as may be prescribed by the commission fromtime to time, and it shall be unlawful for any carrier, by the furnishing ofspecial services, facilities, or privileges, or by any other device whatsoever,to charge, accept, or receive compensation different from the actual rates andcharges so filed, or less than the minimum charges prescribed; provided thatany carrier or carriers, or any class or group thereof, may apply to thecommission for relief from this subsection, and the commission may, afterhearing, grant such relief to such extent and for such time, and in such manneras in its judgment is consistent with the public interest and thetransportation policy declared in this chapter.

(b)  Whenever, after hearing, upon complaint orupon its own initiative, the commission finds that any minimum rate or chargeof any contract carrier by motor vehicle, or any rule, regulation, or practiceof any carrier affecting the minimum rate or charge, or the value of theservice thereunder, for the transportation of passengers or property or inconnection therewith, contravenes the transportation policy declared in thischapter, or is in contravention of any provision of this chapter, thecommission may prescribe such just and reasonable minimum rate or charge, orsuch rule, regulations, or practice as in its judgment may be necessary ordesirable in the public interest and to promote the policy and will not be incontravention of any provision of this chapter.  The minimum rate or charge, orthe rule, regulation, or practice, so prescribed by the commission, shall giveno advantage or preference to any carrier in competition with any commoncarrier by motor vehicle subject to this chapter, which the commission may findto be undue or inconsistent with the public interest and the transportationpolicy declared in this chapter and the commission shall give due considerationto the cost of the services rendered by such carriers, and to the effect of theminimum rate or charge, or the rule, regulation, or practice, upon the movementof traffic by the carriers.  All complaints shall state fully the factscomplained of and the reasons for the complaint and shall be made under oath.

(c)  Whenever there is filed with thecommission by any contract carrier any schedule stating a charge for a newservice or a reduced charge directly, or by means of any rule, regulation, orpractice, for the transportation of passengers or property, the commission mayupon complaint of interested persons or upon its own initiative at once and, ifit so orders, without answer or other formal pleading by the interested party,but upon reasonable notice, enter upon a hearing concerning the lawfulness ofthe charge, or rule, regulation, or practice, and pending the hearing and thedecision thereon, the commission, by filing with the schedules and deliveringto the carrier affected thereby a statement in writing of its reasons for thesuspension, may from time to time suspend the operation of the schedule anddefer the use of the charge, or rule, regulation, or practice, but not for alonger period than five months beyond the time when it would otherwise go intoeffect; and after hearing, whether completed before or after the charge, orrule, regulation, or practice goes into effect, the commission may make suchorder with reference thereto as would be proper in a proceeding institutedafter it had become effective.  If the proceeding has not been concluded and anorder made within the period of suspension, the proposed change in any chargeor rule, regulation, or practice shall go into effect at the end of the period;provided that this subsection shall not apply to any initial schedule orschedules filed by any carrier in bona fide operation when this section takeseffect.  The rule as to burden of proof specified in section 271-20(e) shallapply to this subsection. [L 1961, c 121, pt of §2; Supp, §106C-20; HRS§271-22]