§271-27  Unlawful operation.  (a)  Anyperson knowingly and wilfully violating any provision of this chapter, or anyrule, requirement, or order thereunder, or any term or condition of anycertificate or permit for which a penalty is not otherwise provided, shall beguilty of a misdemeanor.  In addition, any shipper or consignee located in thisState, or any officer, employee, agent, or representative thereof, whoknowingly and wilfully engages the services of any person violating anyprovision of this chapter, or any rule, requirement, or order, or any term orcondition of any certificate or permit for which a penalty is not otherwiseprovided, shall be guilty of a misdemeanor.

(b)  Any person, whether carrier, shipper, orconsignee, or any officer, employee, agent, or representative thereof, whoknowingly offers, grants, or gives, or solicits, accepts, or receives anyrebate, concession, or discrimination in violation of any provisions of thischapter, or who by means of any false statement or representation or by the useof any false or fictitious bill, bill of lading, receipt, voucher, roll,account, claim, certificate, affidavit, deposition, lease, or bill of sale, orby any other means or device, knowingly and wilfully assists, suffers, orpermits any person or persons, natural or artificial, to obtain transportationof passengers or property subject to this chapter for less than the applicablerate, fare, or charge, or who knowingly and wilfully by any such means orotherwise fraudulently seeks to evade or defeat regulation as in this chapterprovided for motor carriers, shall be deemed guilty of a misdemeanor.

(c)  Any special agent, accountant, or examinerwho knowingly and wilfully divulges any fact or information which may come tothe special agent's, accountant's, or examiner's knowledge during the course ofany examination or inspection made under authority of sections 271-9(a)(4),271-23, and 271-25, except as the special agent, accountant, or examiner may bedirected by the commission or by a court or judge thereof, shall be guilty of amisdemeanor.

(d)  It shall be unlawful for any motor carrieror any officer, receiver, trustee, lessee, agent, or employee of the carrier,or for any other person authorized by such carrier or person to receive information,knowingly to disclose to, or permit to be acquired by any person other than theshipper or consignee without the consent of the shipper or consignee, anyinformation concerning the nature, kind, quantity, destination, consignee, orrouting of any property tendered or delivered to the motor carrier fortransportation, which information may be used to the detriment or prejudice ofthe shipper or consignee, or which may improperly disclose the shipper's orconsignee's business transactions to a competitor; and it shall also beunlawful for any person to solicit or knowingly receive any such informationwhich may be so used.

(e)  Nothing in this chapter shall be construedto prevent the giving of such information in response to any legal process issuedunder the authority of any court, or to any officer or agent of the governmentof the United States or of any state or of any political subdivision of anystate, in the exercise of the officer's or agent's power or to any officer orother duly authorized person seeking the information for the prosecution ofpersons charged with or suspected of crimes or to another carrier, or its dulyauthorized agents, for the purpose of adjusting mutual traffic accounts in theordinary course of business of the carriers.

(f)  Any motor carrier or any officer, agent,employee, or representative thereof, who wilfully fails or refuses to make areport to the commission as required by this chapter, or to make specific andfull, true, and correct answer to any question within thirty days from the timeit is lawfully required by the commission, or to keep accounts, records, andmemoranda in the form and manner prescribed by the commission, or knowingly andwilfully falsifies, destroys, mutilates, or alters any report, account, record,or memorandum or knowingly and wilfully files with the commission any falsereport, account, record, or memorandum, or knowingly and wilfully neglects orfails to make full, true, and correct entries in the accounts, records, ormemoranda of all facts and transactions appertaining to the business of thecarrier, or person required under this chapter to keep the same, or knowinglyand wilfully keeps accounts, records, or memoranda contrary to the rules,regulations, or orders of the commission with respect thereto, shall be deemedguilty of a misdemeanor.  As used in this subsection, the words"keep" and "kept" mean made, prepared, or compiled, as wellas retained.

(g)  Except when required by state law to takeimmediately before a district judge a person arrested for violation of thischapter, including any rule adopted pursuant to this chapter, any enforcementofficer, other than a motor vehicle safety officer employed and assigned,pursuant to section 271-38, by the department of transportation to assess civilpenalties, upon arresting a person for violation of this chapter, including anyrule adopted pursuant to this chapter shall issue to the alleged violator asummons or citation printed in the form hereinafter described, warning thealleged violator to appear and answer to the charge against the allegedviolator at a certain place within seven days after the arrest.

(1)  The summons or citation shall be printed in aform comparable to that of other summonses and citations used for arresting offendersand shall include all necessary information.  The form and content shall beadopted or prescribed by the district courts.

(2)  The original of a summons or citation shall begiven to the alleged violator and any other copies distributed in the mannerprescribed by the district courts; provided that the district courts mayprescribe alternative methods of distribution for the original and any othercopies.

(3)  Summonses and citations shall be consecutivelynumbered and any other copies of each shall bear the same number.

(4)  Any person who fails to appear at the place andwithin the time specified in the summons or citation shall be guilty of amisdemeanor.

(5)  If any person fails to comply with a summons orcitation or fails or refuses to deposit bail as required, the enforcementofficer shall cause a complaint to be entered against the person and secure theissuance of a warrant for the person's arrest.

(6)  When a complaint is made to any prosecutingofficer of a violation of this chapter or any rule, the enforcement officer whoissued the summons or citation shall subscribe to it under oath administered byanother official whose name has been submitted to the prosecuting officer andwho has been designated by the commission to administer the same.

(h)  Any motor carrier or lessor, or anyofficer, agent, employee, or representative thereof, who fails or refuses tocomply with any provision of this chapter, or any rule, requirement, or orderthereunder, and any person located in this State, or any officer, agent,employee, or representative of any such person, who engages the services of anymotor carrier or lessor, or any officer, agent, employee, or representativethereof, who fails or refuses to comply with any provision of this chapter, orany rule, requirement, or order, may be assessed a civil penalty payable to theState in a sum:

(1)  Up to $1,000 for each offense; and

(2)  In the case of a continuing violation, not lessthan $50 and not more than $500 for each additional day during which thefailure or refusal continues.

(i)  Notwithstanding subsection (h), a motorcarrier who fails to file, within the prescribed time, a financial report withthe commission pursuant to its rules may be assessed a civil penalty payable tothe State up to the sum of one-sixteenth of one per cent of the gross revenuesfrom the motor carrier's business during the preceding calendar year, if thefailure is for not more than one month, with an additional one-sixteenth of oneper cent for each additional month or fraction thereof during which the failurecontinues, but in no event shall the total civil penalty be less than the sumof $50.

(j)  [2004 amendment repealed June 30, 2010. L 2006, c 94, §1.]  In addition to any other remedy available, thecommission or its enforcement officer, including a motor vehicle safety officeremployed and assigned by the department of transportation pursuant to section271-38, may issue citations to persons acting in the capacity of or engaging inthe business of a motor carrier within this State, without having a certificateof public convenience and necessity or other authority previously obtainedunder and in compliance with this chapter and rules adopted, or to any shipperor consignee located in this State, or any officer, employee, agent, orrepresentative thereof who engages the services of those persons.

(1)  The citation may contain an order of abatementand an assessment of civil penalties as provided in subsection (h).  Allpenalties collected under this subsection shall be deposited in the treasury ofthe State.  Service of a citation issued under this subsection shall be made bypersonal service whenever possible or by certified mail, restricted delivery,sent to the last known business or residence address of the person cited.

(2)  Any person served with a citation under thissubsection may submit a written request to the commission for a hearing withintwenty days from the receipt of the citation, with respect to the violationsalleged, the scope of the order of abatement, and the amount of civil penaltiesassessed.  If the person cited under this subsection notifies the commission ofthe request for a hearing in time, the commission shall afford the person anopportunity for a hearing under chapter 91.  The hearing shall be conducted bythe commission, or the commission may designate a hearings officer to hold thehearing.

(3)  If the person cited under this subsection doesnot submit a written request to the commission for a hearing in time, thecitation shall be deemed a final order of the commission.  The commission mayapply to the appropriate court for a judgment to enforce the provisions of anyfinal order issued by the commission or designated hearings officer pursuant tothis subsection, including the provisions for abatement and civil penaltiesimposed.  In any proceeding to enforce the final order, the commission needonly produce a certified copy of the final order and show that the notice wasgiven and that a hearing was held or the time granted for requesting thehearing has run without a request.

(4)  If any party is aggrieved by the decision of thecommission or the designated hearings officer, the party may appeal, subject tochapter 602, in the manner provided for civil appeals from the circuit courts;provided that the operation of an abatement order shall not be stayed on appealunless specifically ordered by a court of competent jurisdiction after applyingthe stay criteria enumerated in section 91-14(c).  The sanctions anddisposition authorized under this subsection shall be separate and in additionto all other remedies either civil or criminal provided by law.  The commissionmay adopt any rules under chapter 91 that may be necessary to fully effectuatethis subsection. [L 1961, c 121, pt of §2; Supp, §106C-25; HRS §271-27; am L1969, c 220, §1; am L 1975, c 18, §1; am L 1979, c 41, §1; am L 1982, c 204,§8; am L 1983, c 124, §17; gen ch 1985; am L 1991, c 57, §14; am L 1995, c 101,§1 and c 105, §§5, 7; am L 1996, c 102, §1; am L 1997, c 120, §§3 to 6; am L1998, c 91, §1; am L 2000, c 41, §1; am L 2004, c 202, §30]

 

Note

 

  The L 2004, c 202, §30 amendment to subsection (j) isrepealed on June 30, 2010.  L 2006, c 94, §1.

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."