§271-36  Fees and charges.  (a)  Everycommon carrier by motor vehicle and every contract carrier by motor vehicleshall pay to the commission, in April of each year, a fee equal to one-fourthof one per cent of the gross revenues from the carrier's business during thepreceding calendar year, or the sum of $20, whichever is greater.  Grossrevenues include all revenues received from services connected with orincidental to the transportation of persons or the transportation of property,as defined under section 271-4.

(b)  Every common carrier by motor vehicle andevery contract carrier by motor vehicle paying a fee under subsection (a) mayimpose a surcharge to recover the amount paid above one-eighth of one per centof gross income.  The surcharge imposed shall not be subject to the notice,hearing, and approval requirements of this chapter; provided that the surchargemay be imposed by the utility only after thirty days' notice to the publicutilities commission.  Unless ordered by the public utilities commission, thesurcharge shall be imposed only until the conclusion of the carrier's next ratecase; provided that the surcharge shall be subject to refund with interest atthe public utility's authorized rate of return on rate base if the utilitycollects more money from the surcharge than actually paid due to the increasein the fee to one-fourth of one per cent.

(c)  The commission shall establish fair andreasonable fees for the following applications:

(1)  Applications for certificates and permits asprovided by sections 271-12 and 271-13;

(2)  Applications for extensions of certificates asprovided by section 271-12(d);

(3)  Applications for temporary certificates andpermits as provided by section 271-16; and

(4)  Applications for authority to convey propertynecessary or useful in the performance of duties to the public or to transfercertificates or permits or to purchase motor carrier stock, as provided insection 271-18.

The fees charged pursuant to this subsection shallbe paid to the commission at the time of submission of the application.

(d)  The commission may charge an amount itdeems necessary and reasonable to defray the cost of supplying to the carriersand the public the application forms and other forms, schedules, tariffs,copies of rules, and other pamphlets and materials it provides by individualcopy or in bulk.

(e)  All of the fees and charges collectedunder this section shall be deposited with the director of finance to thecredit of the public utilities commission special fund established undersection 269-33. [L 1961, c 121, pt of §2; Supp, §106C-34; HRS §271-36; am L1976, c 122, §1; am L Sp 1977 1st, c 20, §7; am L 1994, c 226, §4]

 

Attorney General Opinions

 

  Commission authorized to collect reduced fees pursuant tosubsection (b).  Att. Gen. Op. 62-41.