271G-1 Short title.
§271G-1 Short title. This chapter shall be called the Hawaii Water Carrier Law. [L 1974, c 94, pt of §1]
271G-10 Applications for certificates of public convenience and necessity.
§271G-10 Applications for certificates of public convenience and necessity. (a) Except as otherwise provided in this section and in sections 271G-6 and 271G-12, no water carrier shall engage in operations between points within the State unless the carrier holds a certificate of public convenience and necessity issued by the public utilities commission authorizing the operation; […]
271G-11 No proprietary right in water.
§271G-11 No proprietary right in water. No certificate issued under this chapter confers any proprietary or property right in the use of the waterways. [L 1974, c 94, pt of §1]
271G-12 Temporary authority.
§271G-12 Temporary authority. To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting the need, the public utilities commission may, in its discretion and without hearings or other proceedings, grant temporary authority for such […]
271G-13 Security for protection of public.
§271G-13 Security for protection of public. No certificate shall be issued to a water carrier or remain in force unless such carrier complies with such reasonable rules and regulations as the public utilities commission shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or […]
271G-14 Transfer of certificates of public convenience and necessity, and carrier property.
§271G-14 Transfer of certificates of public convenience and necessity, and carrier property. (a) For the purpose of the administration and application of subsections (a) and (b), the term “carrier” includes any water carrier subject to this chapter, or any carrier subject to the act of any other state or any act of the Congress of […]
271G-15 Suspension, change, and revocation of certificates.
§271G-15 Suspension, change, and revocation of certificates. Certificates shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any certificate may, upon application of the holder thereof, in the discretion of the public utilities commission, be amended or revoked, in whole or in part, or […]
271G-16 Rates, fares and charges of common carriers by water.
§271G-16 Rates, fares and charges of common carriers by water. (a) It shall be the duty of every water carrier of passengers to provide safe and adequate service, equipment, and facilities for the transportation of passengers and to establish, observe, and enforce just and reasonable rates, fares, and charges, and just and reasonable regulations and […]
271G-17 Tariffs of water carriers.
§271G-17 Tariffs of water carriers. (a) Every water carrier shall file with the public utilities commission, and print, and keep open to public inspection, tariffs showing all the rates, fares, and charges for transportation, and all services in connection therewith, of passengers or property. The rates, fares, and charges shall be stated in terms of […]
271G-17.5 Issuance of securities; execution of leases.
§271G-17.5 Issuance of securities; execution of leases. A water common carrier may, on securing the prior approval of the public utilities commission, and not otherwise, issue stocks and stock certificates, bonds, notes, and other evidences of indebtedness, payable at periods of more than twelve months after the date thereof, and enter into long-term leases of […]
271G-18 Accounts, records, and reports.
§271G-18 Accounts, records, and reports. The public utilities commission may require annual, periodical, or special reports from all water carriers, prescribe the manner and form in which the reports shall be made, and require from the carriers specific and full, true, and correct answers to all questions upon which the commission may deem information to […]
271G-19 Unlawful operation.
§271G-19 Unlawful operation. (a) Any person knowingly and wilfully violating any provision of this chapter, or violating any certificate for which violation a penalty is not otherwise herein provided, shall be fined not less than $100 nor more than $500 for the first offense, and not less than $200 nor more than $500 for any […]
271G-2 Declaration of policy.
§271G-2 Declaration of policy. The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, by water within the State or between points within the State, constitutes a business affected with the public interest. It is intended by this chapter to provide for fair and impartial regulation […]
271G-20 Collection of rates and charges.
§271G-20 Collection of rates and charges. No water carrier shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid if such delivery or relinquishment without payment of all such rates and charges has been prohibited or restricted by rules and regulations of […]
271G-21 Recovery of overcharges or undercharges.
§271G-21 Recovery of overcharges or undercharges. (a) All actions by water carriers or common carriers by water for the recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after. (b) For recovery of overcharges, actions shall be begun within three […]
271G-22 Allowance to shippers for transportation services.
§271G-22 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 […]
271G-23 Hearings.
§271G-23 Hearings. (a) All hearings, investigations, and proceedings shall be governed by chapter 91 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; provided that in all evidentiary hearings conducted pursuant to chapter 91 in which a […]
271G-23.5 Notice of hearing required.
§271G-23.5 Notice of hearing required. (a) Whenever the commission conducts a public hearing on an application for a certificate pursuant to section 271G-10, the commission shall provide reasonable notice in writing to the applicant for a certificate and to the public on each island that will be affected by the proposed service of the fact […]
271G-24 Appeals.
§271G-24 Appeals. From an order of the public utilities commission under this chapter, an appeal shall lie, subject to chapter 602, in the manner provided for civil appeals from the circuit courts and by the rules of court; provided that the order is final, or if preliminary, is of the nature defined by section 91-14(a). […]
271G-25 Agreement between carriers.
§271G-25 Agreement between carriers. (a) For purposes of this section the term “antitrust laws” means any law of the State previously 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 charges (including charges […]