§271-27 Unlawful operation. (a) Any person intentionally, knowingly, or recklessly violating any provision of this chapter, or any rule, requirement, or order thereunder, or any term or condition of any certificate or permit for which a penalty is not otherwise provided, shall be guilty of a misdemeanor. In addition, any shipper or consignee located in […]
§271-28 Collection of rates and charges. No common carrier by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid, except under such rules and regulations as the public utilities commission may from time to time prescribe to govern the […]
§271-28.5 Motor carrier lien. (a) In addition to the lien provided by section 490:7-307, a carrier has a lien on freight in its possession for the total amount owed the carrier by the shipper for freightage, charges for services and advances due on freight previously delivered upon the promise of the shipper to pay freightage, […]
§271-29 Identification of carriers. The public utilities commission is authorized, under such rules and regulations as it shall prescribe, to require the display of suitable identification number or numbers, upon any motor vehicle used in transportation subject to this chapter, and to provide for the issuance of numbers. Any substitution, transfer, or use of any […]
§271-3 Application of chapter, interstate, or foreign commerce. Neither this chapter nor any provision hereof shall apply to commerce with foreign nations or to interstate commerce, except insofar as the application is permitted under the Constitution and laws of the United States. [L 1961, c 121, pt of §2; Supp, §106C-3; HRS §271-3] Attorney General […]
§271-30 Allowance to shippers for transportation services. If the shipper of property transported under this chapter, directly or indirectly, renders any service connected with the transportation, or furnishes any instrumentality used therein, the charge and allowance therefor shall be published in tariffs or schedules filed in the manner provided in this chapter and shall be […]
§271-31 Hearings. (a) All hearings, investigations, and proceedings shall be governed by this section and by rules of practice and procedure adopted by the public utilities commission, and in the conduct thereof, the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding, or in the manner of taking […]
§271-32 Reconsideration and rehearings. (a) After any order or decision has been made by the public utilities commission, any party to the proceeding may apply once for reconsideration or a rehearing in respect to any matter determined in the proceeding and specified in the motion for reconsideration or rehearing. The commission may grant the motion […]
§271-33 Appeals. From the order made on an application for reconsideration or rehearing by the public utilities commission under this chapter, an appeal shall lie, subject to chapter 602, in the manner and within the time provided for civil appeals from the circuit courts and by the rules of court; provided that the order is […]
§271-34 Witnesses. (a) Each witness who appears by order of the public utilities commission shall receive for the witness’ attendance the same fees and mileage allowed by law to a witness in civil cases, which shall be paid by the party at whose request the witness is subpoenaed. When any witness who has not been […]
§271-35 Agreements between carriers. (a) For purposes of this section the term “antitrust laws” means any law of the State previously enacted or hereafter enacted pertaining to unlawful restraints of trade and monopolies. (b) Any carrier party to an agreement between or among two or more carriers relating to rates, fares, classifications, divisions, allowances, or […]
§271-36 Fees and charges. (a) Every common carrier by motor vehicle and every contract carrier by motor vehicle shall pay to the commission, in April of each year, a fee equal to one-fourth of one per cent of the gross revenues from the carrier’s business during the preceding calendar year, or the sum of $20, […]
§271-37 Attorney general; aid in enforcement. Upon written request of the public utilities commission, the attorney general shall prosecute all violations on behalf of the commission for the enforcement of the provisions of this chapter. [L 1978, c 66, §6]
§271-38 Enforcement. At the request of the public utilities commission, the department of transportation shall assign a motor vehicle safety officer employed by the department of transportation to assist in the enforcement of sections 271-8, 271-12, 271-13, 271-19, and 271-29, through the assessment of civil penalties as provided in section 271-27(h), (i), and (j). [L […]
§271-39 Motor carrier indemnification agreements prohibited. (a) Any provision in a transportation services contract or agreement that requires a motor carrier to indemnify, defend, or hold harmless or that purports to indemnify, defend, or hold harmless, whether in whole or in part, the indemnitee under the contract or agreement from any claim or liability arising […]
§271-4 Definitions. As used in this chapter: “Certificate” means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle. “Chapter” means the Motor Carrier Law. “Commission” means the public utilities commission. “Common carrier by motor vehicle” means any person that holds itself out to the general public to […]
§271-5 Exemptions, generally. Notwithstanding any other provisions of this chapter, its contents shall not apply to: (1) Persons transporting their own property where the transportation is in furtherance of a primary business purpose or enterprise of that person, except where the transportation is undertaken by a motor carrier to evade the regulatory purposes of this […]
§271-6 REPEALED. L Sp 1977 1st, c 20, §3.
§271-7 Exemptions, vehicles used by farmers. Notwithstanding any other provisions of this chapter all motor vehicles used by farmers exclusively for their farm operations and all motor vehicles used by farmers who infrequently transport from the place of production to a warehouse, regular market, place of storage, or place of shipment, the farm products of […]
§271-8 Certificate or permit required. Except as provided in section 271-5, no person shall engage in the transportation of persons or property, for compensation or hire, by motor vehicle, over any public highway of this State unless there is in force with respect to the person a certificate or permit issued by the public utilities […]
