§271-5  Exemptions, generally. Notwithstanding any other provisions of this chapter, its contents shall notapply to:

(1)  Persons transporting their own property where thetransportation is in furtherance of a primary business purpose or enterprise ofthat person, except where the transportation is undertaken by a motor carrierto evade the regulatory purposes of this chapter;

(2)  Persons operating motor vehicles when engaged inthe transportation of school children and teachers to and from school, and toand from school functions; provided that these persons may engage in providingtransportation at special rates for groups of persons belonging to aneleemosynary or benevolent organization or association domiciled in this Statewhere the organization or association sponsors or is conducting a nonregularexcursion; provided that whenever the persons engage in the transportation ofpersons other than those exempted in this paragraph, that portion of theiroperation shall not be exempt from this chapter.  Nothing in this paragraphshall be construed to authorize any person to engage in the transportation ofpersons, other than the transportation of persons exempted by the terms of thisparagraph, without a permit or certificate issued by the commission authorizingsuch transportation;

(3)  Persons operating taxicabs or other motorvehicles utilized in performing a bona fide taxicab service. "Taxicab" includes:

(A)  Any motor vehicle used in the movement ofpassengers on the public highways under the following circumstances, namely thepassenger hires the vehicle on call or at a fixed stand, with or withoutbaggage for transportation, and controls the vehicle to the passenger'sdestination;

(B)  Any motor vehicle for hire having seatingaccommodations for eight or fewer passengers used in the movement of passengerson the public highways that may, as part of a continuous trip, pick up ordischarge passengers from various unrelated locations; provided that they shallbe regulated by the counties in accordance with section 46-16.5(c); andprovided further that this subparagraph shall not apply to any exclusive rightsgranted by the department of transportation for taxicab services at facilitiesunder the department's control; and

(C)  Any motor vehicle having seatingaccommodations for eight or fewer passengers used in the movement of passengerson the public highways between a terminal, i.e., a fixed stand, in the Honoluludistrict, as defined in section 4-1 and a terminal in a geographical districtoutside the limits of the Honolulu district, and vice versa, without picking uppassengers other than at the terminals or fixed stands; provided that thepassengers may be picked up by telephone call from their homes in the ruralarea or may be unloaded at any point between the fixed stands or may bedelivered to their homes in the rural area;

(4)  Persons operating motor vehicles in thetransportation of persons pursuant to a franchise from the legislature andwhose operations are presently regulated under chapter 269;

(5)  Nonprofit agricultural cooperative associationsto the extent that they engage in the transportation of their own property orthe property of their members;

(6)  Persons operating motor vehicles speciallyconstructed for the towing of disabled or wrecked vehicles but not otherwiseused in the transportation of property for compensation or hire;

(7)  Persons operating motor vehicles in thetransportation of mail, newspapers, periodicals, magazines, messages,documents, letters, or blueprints;

(8)  Persons operating funeral cars or ambulances;

(9)  Persons operating motor vehicles in thetransportation of garbage or refuse;

(10)  Persons operating the type of passenger carryingmotor vehicles known as "sampan buses" within the radius of twentymiles from the city of Hilo, Hawaii;

(11)  Persons transporting unprocessed pineapple to acannery, seed corn to a processing facility, or  returning any containers usedin such transportation to the fields;

(12)  Sugar plantations transporting sugarcane, rawsugar, molasses, sugar by-products, and farming supplies for neighboringfarmers pursuant to contracts administered by the United States Department ofAgriculture;

(13)  Persons engaged in the ranching or meat or feedbusiness who transport cattle to slaughterhouses for hire where suchtransportation is their sole transportation for hire and where their earningsfrom the transportation constitute less than fifty per cent of their grossincome from their business and the transportation for hire;

(14)  Persons transporting unprocessed raw milk toprocessing plants and returning any containers used in such transportation todairy farms for reloading;

(15)  Persons transporting animal feeds to animalhusbandry farmers and farming supplies directly to animal husbandry farmers andreturning any containers used in such transportation to these sources of suchfeeds and supplies for reloading;

(16)  Persons engaged in transporting not more thanfifteen passengers between their places of abode, or termini near such places,and their places of employment in a single daily round trip where the driver isalso on the driver's way to or from the driver's place of employment;

(17)  Persons transporting passengers without charge inmotor vehicles owned or operated by such person, where such transportation isprovided in conjunction with and in furtherance of a related primary businesspurpose or enterprise of that person, and such transportation is provided onlydirectly to and from the place of business of such person, except that thisexemption shall not apply to persons making any contract, agreement, orarrangement to provide, procure, furnish, or arrange for transportation as atravel agent or broker or a person engaged in tour or sightseeing activities,nor shall this exemption apply where the transportation is undertaken by aperson to evade the regulatory purposes of this chapter; and

(18)  Persons conducting the type of county-regulatedpassenger carrying operation known as "jitney services".  For thepurposes of this paragraph, "jitney services" means publictransportation services utilizing motor vehicles that have seatingaccommodations for six to twenty-five passengers, operate along specific routesduring defined service hours, and levy a flat fare schedule. [L 1961, c 121, ptof §2; am L 1962, c 12, §§3, 4, 7; am L 1963, c 137, §2; am L 1965, c 215, §1;Supp, §106C-5; HRS §271-5; am L 1971, c 98, §1; am L 1973, c 193, §1; am L Sp1977 1st, c 20, §2; am L 1978, c 66, §1; am L 1979, c 105, §26; gen ch 1985; amL 1988, c 286, §3; am L 1995, c 98, §2; am L 1997, c 120, §§2, 8; am L 2002, c28, §2]