reglab/housing_qa huggingface dataset:
HI Rev Stat § 271-14 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-14 No proprietary right in highway.

 §271-14 No proprietary right in highway. No certificate or permit issued under this chapter confers any proprietary or property right in the use of the public highways. [L 1961, c 121, pt of §2; Supp, §106C-12; HRS §271-14]
HI Rev Stat § 271-15 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-15 Dual operation.

 §271-15 Dual operation. Unless, for good cause shown, the public utilities commission finds or has found that both a certificate and a permit may be so held consistently with the public interest and with the declaration of policy declared in this chapter:  (1) No person, or any person controlling, controlled by, or under common control with such person, shall hold a certificate as a common carrier authorizing operation for the transportation of property by motor vehicle within a territory if such person or any such controlling person, controlled person, or person under common control, holds a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle within the same territory; and  (2) No person or any person controlling, controlled by, or under common control with such person, shall hold a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle within a territory, if the person or any controlling person, controlled person, or person under common control, holds a certificate as a common carrier authorizing operation for the transportation of property by motor vehicle within the same territory. [L 1961, c 121, pt of §2; Supp, §106C-13; HRS §271-15]
HI Rev Stat § 271-16 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-16 Temporary authority.

  §271-16 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 service by a common carrier or a contract carrier by motor vehicle, as the case may be. The temporary authority, unless suspended or revoked for good cause, shall be valid for the time that the commission shall specify, but for no more than a period of one-hundred-twenty days for any one immediate and urgent need. If an application for a certificate of public convenience and necessity or a permit seeking corresponding permanent authority is filed in accordance with applicable laws, regulations, and instructions not later than thirty days after the issuance date of temporary authority, then the commission shall determine at a public hearing held not later than one-hundred-twenty days after the issuance date of temporary authority upon its own motion, or upon motion or upon request by any interested party, whether any temporary operating authority granted under this section shall be continued in force beyond the expiration date specified therein, and until the determination of the application filed by the holder of the temporary operating authority for a certificate of public convenience and necessity or a permit to engage in operations authorized by the temporary operating authority. [L 1961, c 121, pt of §2; Supp, §106C-14; HRS §271-16; am L 1998, c 77, §1 and c 217, §1; am L 1999, c 16, §1]
HI Rev Stat § 271-17 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-17 Security for protection of public.

 §271-17 Security for protection of public. No certificate or permit shall be issued to a motor 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 agreements, in such reasonable amounts as the commission may require, conditioned to pay within the amount of the surety agreements moneys finally recovered against the motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles under the certificate, or permit or for loss or damage to property of others. The commission may, in its discretion and under such rules and regulations as it shall prescribe, require any such carrier to file a surety bond, policies of insurance, qualifications as a self-insurer, or other securities or agreements in a sum to be determined by the commission to be conditioned upon the carrier making compensation to shippers or consignees for all property belonging to shippers or consignees, and coming into the possession of such carrier in connection with its transportation service. Any common carrier which may be required by law to compensate a shipper or consignee for any loss, damage, or default for which a connecting motor common carrier is legally responsible shall be subrogated to the rights of such shipper or consignee under any such bond, policies of insurance, or other securities or agreements, to the extent of the sum so paid. [L 1961, c 121, pt of §2; Supp, §106C-15; HRS §271-17]
HI Rev Stat § 271-21 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-21 Tariffs of common carriers by motor vehicle.

 §271-21 Tariffs of common carriers by motor vehicle. (a) Every common carrier by motor vehicle 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 lawful money of the United States. The tariffs required by this section shall be published, filed, and posted in such form and manner, and shall contain such information as the commission by regulations shall prescribe; and the commission may reject any tariff filed with it which is not in consonance with this section and with the regulations. Any tariff so rejected by the commission shall be void and its use shall be unlawful.  (b) No common carrier by motor vehicle shall charge or demand or collect or receive a greater or less or different compensation for transportation or for any service in connection therewith between the points enumerated in the tariff than the rates, fares, and charges specified in the tariffs in effect at the time; and no carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any agent, or otherwise, any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities for transportation except such as are specified in its tariffs.  (c) No change shall be made in any rate, fare, charge, or classification, or any rule, regulation, or practice affecting the rate, fare, charge, or classification, or the value of the service thereunder, specified in any effective tariff of a common carrier by motor vehicle; except after thirty days' notice of the proposed change filed and posted in accordance with subsection (a) of this section. The notice shall plainly state the change proposed to be made and the time when it will take effect. The commission may in its discretion and for good cause shown allow the change upon notice less than that herein specified or modify the requirements of this section with respect to posting and filing of tariffs either in particular instances or by general order applicable to special or peculiar circumstances or conditions.  (d) No common carrier by motor vehicle shall engage in the transportation of passengers or property unless the rates, fares, and charges upon which the same are transported by the carrier have been filed and published in accordance with this chapter. [L 1961, c 121, pt of §2; Supp, §106C-19; HRS §271-21]
HI Rev Stat § 271-23 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-23 Bills of lading, shipping documents.

 §271-23 Bills of lading, shipping documents. The public utilities commission may prescribe for motor carriers the form and content of all bills of lading, freight bills, receipts, or other shipping documents governing the movement of traffic by motor carriers regulated under this chapter, and may prescribe the length of time the same shall be preserved. [L 1961, c 121, pt of §2; Supp, §106C-21; HRS §271-23] Cross References  Uniform commercial code, see chapter 490, Art. 7.
HI Rev Stat § 271-24 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-24 Recovery of overcharges or undercharges.

 §271-24 Recovery of overcharges or undercharges. (a) All actions by common carriers by motor vehicle 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 years from the time the cause of action accrues, and not after, subject to subsection (c) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof specified in the notice.  (c) If on or before the expiration of the three-year period of limitation in subsection (b) a common carrier by motor vehicle begins action under subsection (a) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, the period shall be extended to include ninety days from the time the action is begun or the charges are collected by the carrier.  (d) The cause of action in respect of a shipment of property shall, for the purpose of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.  (e) The term "overcharges" as used in this section means charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the commission. [L 1961, c 121, pt of §2; Supp, §106C-22; HRS §271-24; am L 1973, c 149, §2(a), (b)]
HI Rev Stat § 271-26 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-26 Records to be maintained in State.

 §271-26 Records to be maintained in State. Each motor carrier maintaining an office or place of business within this State shall keep therein all books, accounts, papers, and records required by the public utilities commission to be kept within this State. No books, accounts, papers, or records shall be at any time removed from the State except upon such conditions or rules as the commission may prescribe. Motor carriers performing transportation regulated under this chapter which do not maintain an office or place of business within the State shall make books, accounts, papers, and records pertaining to transportation available to the commission at its request at a place designated within this State, for examination by the commission, or in the alternative reimburse the commission for the actual expense of examining the books, accounts, papers, or records at the place outside of the State where these records are kept. [L 1961, c 121, pt of §2; Supp, §106C-24; HRS §271-26]
HI Rev Stat § 271-26.5 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-26.5 Change of address; responsibility; service of orders.

  §271-26.5 Change of address; responsibility; service of orders. A motor carrier shall have, maintain and operate from a definite place of business in the State and shall display therein the certificate or permit issued by the public utilities commission. The certificate or permit holder shall report any change of address or telephone number to the commission within five business days from such change. Communications, correspondence and service of orders and other official documents shall be made upon the certificate or permit holder at the last recorded address on file with the commission. Proof of service by certified or registered mail to the last known address shall constitute a valid service of any commission's order. [L 1978, c 66, §5]
HI Rev Stat § 271-28 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-28 Collection of rates and charges.

 §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 settlement of all the rates and charges, including rules and regulations for weekly or monthly settlement, and to prevent unjust discrimination or undue preference or prejudice; provided that this section shall not be construed to prohibit any carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any state or political subdivision thereof. [L 1961, c 121, pt of §2; Supp, §106C-26; HRS §271-28]
HI Rev Stat § 271-29 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-29 Identification of carriers.

 §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 identification number or numbers, except such as may be duly authorized by the commission, is prohibited and shall be unlawful. [L 1961, c 121, pt of §2; Supp, §106C-27; HRS §271-29; am L 1978, c 66, §3]
HI Rev Stat § 271-30 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-30 Allowance to shippers for transportation services.

 §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 no more than is just and reasonable; and the public utilities commission may, after hearing on a complaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the services so rendered or for the use of the instrumentality so furnished, and fix the same by appropriate order. [L 1961, c 121, pt of §2; Supp, §106C-28; HRS §271-30]
HI Rev Stat § 271-33 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-33 Appeals.

 §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 final, or if preliminary, is of the nature defined by section 91-14(a). The appeal, of itself, shall not stay the operation of the order appealed from, but the court may stay the same after a hearing upon a motion therefor and may impose such conditions as it may deem proper as to giving a bond and keeping the necessary accounts or otherwise to secure a restitution of the excess charges, if any, made during the pendency of the appeal, in case the order appealed from is sustained, reversed, or modified in whole or in part. [L 1961, c 121, pt of §2; Supp, §106C-31; HRS §271-33; am L 1973, c 149, §2(d); am L 1979, c 111, §13; am L 2004, c 202, §32; am L 2006, c 94, §1; am L 2010, c 109, §1] Cross References  Appeals under administrative procedure act, see chapter 91. Rules of Court  Appeals, see Hawaii Rules of Appellate Procedure. Case Notes  Given that the "aggrieved party" provision of §271-32(e) did not apply to the case, supreme court had jurisdiction to hear competitor's appeal; competitor appealed from a final order of the public utilities commission and from the commission's denial of competitor's motion for reconsideration; thus, competitor satisfied the requirements of §271-32(e) and this section. 104 H. 98, 85 P.3d 623 (2004).  Where appellant failed to file, and obtain an adjudication of, a motion for reconsideration of appellant's citation, there was no appealable order under §271-32(e) and this section; thus, appellant's failure to file a motion for reconsideration precluded appeal to the intermediate court of appeals. 113 H. 154 (App.), 149 P.3d 806 (2006).  Cited: 50 H. 172, 435 P.2d 21 (1967).  Referred to: 50 H. 22, 428 P.2d 411 (1967); 53 H. 14, 486 P.2d 413 (1971).
HI Rev Stat § 271-36 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-36 Fees and charges.

 §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, whichever is greater. Gross revenues include all revenues received from services connected with or incidental to the transportation of persons or the transportation of property, as defined under section 271-4.  (b) Every common carrier by motor vehicle and every contract carrier by motor vehicle paying a fee under subsection (a) may impose a surcharge to recover the amount paid above one-eighth of one per cent of gross income. The surcharge imposed shall not be subject to the notice, hearing, and approval requirements of this chapter; provided that the surcharge may be imposed by the utility only after thirty days' notice to the public utilities commission. Unless ordered by the public utilities commission, the surcharge shall be imposed only until the conclusion of the carrier's next rate case; provided that the surcharge shall be subject to refund with interest at the public utility's authorized rate of return on rate base if the utility collects more money from the surcharge than actually paid due to the increase in the fee to one-fourth of one per cent.  (c) The commission shall establish fair and reasonable fees for the following applications:  (1) Applications for certificates and permits as provided by sections 271-12 and 271-13;  (2) Applications for extensions of certificates as provided by section 271-12(d);  (3) Applications for temporary certificates and permits as provided by section 271-16; and  (4) Applications for authority to convey property necessary or useful in the performance of duties to the public or to transfer certificates or permits or to purchase motor carrier stock, as provided in section 271-18. The fees charged pursuant to this subsection shall be paid to the commission at the time of submission of the application.  (d) The commission may charge an amount it deems necessary and reasonable to defray the cost of supplying to the carriers and the public the application forms and other forms, schedules, tariffs, copies of rules, and other pamphlets and materials it provides by individual copy or in bulk.  (e) All of the fees and charges collected under this section shall be deposited with the director of finance to the credit of the public utilities commission special fund established under section 269-33. [L 1961, c 121, pt of §2; Supp, §106C-34; HRS §271-36; am L 1976, 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 to subsection (b). Att. Gen. Op. 62-41.
HI Rev Stat § 271-37 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-37 Attorney general; aid in enforcement.

  §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]
HI Rev Stat § 271-38 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-38 Enforcement.

  §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 1995, c 105, § §3, 7; am L 1996, c 102, §1; am L 1997, c 120, §6; am L 2004, c 199, §2]
HI Rev Stat § 271-39 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271. Motor Carrier Law|271-39 Motor carrier indemnification agreements prohibited.

  §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 from the negligence or intentional acts or omissions of the indemnitee, shall be deemed void and unenforceable as a matter of law to the extent that the provision seeks to indemnify, defend, or hold harmless the indemnitee for the negligent or intentional acts or omissions of the indemnitee.  (b) For purposes of this section:  "Indemnitee" means a person who:  (1) Enters into a transportation services contract or agreement to use the services of a motor carrier, or to permit a motor carrier to enter the person's premises; and  (2) In the contract or agreement, is being, or has the effect of being indemnified, defended, or held harmless from claims or liabilities for that person's negligence or intentional acts or omissions.  "Indemnitee" includes an agent, employee, servant, or independent contractor of the person described in paragraphs (1) and (2) of this definition.  "Motor carrier" includes an agent, employee, servant, or independent contractor of the motor carrier.  "Transportation services" means:  (1) The transportation of persons or property;  (2) Entry upon property to load, unload, or transport persons or property; or  (3) Providing a service, including the storage of property, incidental to paragraph (1) or (2) of this definition. [L 2012, c 298, §2]
HI Rev Stat § 271G-1 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|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]