§271-4  Definitions.  As used inthis chapter:

(1)  "Chapter" means the Motor Carrier Law.

(2)  "Commission" means the public utilitiescommission.

(3)  "Person" or "persons" meansany individual, firm, copartnership, corporation, company, association, orjoint stock association; and includes any trustee, receiver, assignee, orpersonal representative thereof.

(4)  "Certificate" means a certificate ofpublic convenience and necessity issued under this chapter to common carriersby motor vehicle.

(5)  "Permit" means a permit issued underthis chapter to contract carriers by motor vehicle.

(6)  "Transportation of persons" includesevery service in connection with or incidental to the safety, comfort, orconvenience of persons transported and the receipt, carriage, and delivery ofthese persons and their baggage.

(7)  "Transportation of property" includesevery service in connection with or incidental to the transportation ofproperty, including in particular its receipt, delivery, elevation, transfer,carriage, ventilation, refrigeration, icing, dunnage, storage in transit,handling, and its consolidation for the purposes of forwarding within theState.

(8)  "Motor vehicle" means any vehicle,machine, tractor, trailer, or semitrailer propelled or drawn by mechanicalpower and used upon the highways in the transportation of passengers orproperty, or any combination thereof determined by the commission, but does notinclude any vehicle, locomotive, or car operated exclusively on a rail or railsor a trolley bus operated by electric power derived from a fixed overhead wire,furnishing local passenger transportation similar to street-railway service.

(9)  "Highway" means the public roads,highways, streets, and ways in this State.

(10)  "Rates" includes rates, fares, tolls,rentals, and charges of whatever kind and nature unless the context indicatesotherwise.

(11)  "Common carrier by motor vehicle" meansany person which holds itself out to the general public to engage in thetransportation by motor vehicle of passengers or property or any class orclasses thereof for compensation.

(12)  "Contract carrier by motor vehicle"means any person which engages in transportation by motor vehicle of passengersor property for compensation (other than transportation referred to inparagraph (11)) under continuing contracts with one person or a limited numberof persons either (A) for the furnishing of transportation services through theassignment of motor vehicles for a continuing period of time to the exclusiveuse of each person served, or (B) for the furnishing of transportation servicesdesigned to meet the distinct need of each individual customer.

(13)  "Motor carrier" includes both a commoncarrier by motor vehicle and a contract carrier by motor vehicle.

(14)  "Private carrier of property by motorvehicle" means any person not included in the terms "common carrierby motor vehicle" or "contract carrier by motor vehicle", who orwhich transports by motor vehicle property of which the person is the owner,lessee, or bailee, when such transportation is for the purpose of sale, lease,rent, or bailment, or in the furtherance of any commercial enterprise.

(15)  "Enforcement officer" means any personemployed and authorized by the commission to investigate any matter on behalfof the commission.  The term also means a motor vehicle safety officer employedand assigned, pursuant to section 271-38, by the department of transportationto enforce sections 271-8, 271-12, 271-13, 271-19, and 271-29 through theassessment of civil penalties as provided in section 271-27(h), (i), and (j).[L 1961, c 121, pt of §2; am L 1963, c 193, §33; Supp, §106C-4; am L 1967, c45, §1 and c 67, §1; HRS §271-4; am L 1991, c 57, §2; am L 1995, c 105, §§4, 7;am L 1996, c 102, §1; am L 1997, c 120, §6; am L 2005, c 22, §12]