reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269E. One Call Center; Advance Warning to Excavators › 269E-8 Marking of excavation site.

§269E-8 Marking of excavation site.
(a) The excavator shall delineate the area to be excavated with white spray chalk or other suitable markings prior to calling the center. The excavator shall indicate the entire dimension of the excavation by known industrial practices and display the excavator's name, abbreviations, or initials next to or in the white spray chalk markings to identify the excavation site.
(b) When an excavator delineates an area to be excavated with white spray chalk, the excavator shall delineate the area in a manner that shall not be:
(1) Misleading to the public using affected streets and highways;
(2) Subject to misinterpretation as a traffic or pedestrian control; and
(3) Construed as duplicative.
(c) Where an excavator determines that delineating with white spray chalk may be misleading, misinterpreted, or duplicative as specified under subsection (b), the excavator shall inform the center that the area to be excavated shall instead be identified with flags, stakes, or stake chasers marked with the excavator's name, abbreviations, or initials, to enable the operator to determine the area of excavation. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269E. One Call Center; Advance Warning to Excavators › 269E-9 Identification of subsurface installations by operator.

§269E-9 Identification of subsurface installations by operator.
(a) Any operator who receives timely notification from the center of any proposed excavation work pursuant to section 269E-7(b) shall within five working days of that notification or before the start of the excavation work, whichever is later, or at a later time mutually agreeable to the operator and the excavator:
(1) Advise the excavator that the operator does not operate any subsurface installations that may be affected by the excavation;
(2) Advise the excavator of the approximate location of the operator's subsurface installations that may be affected by the excavation to the extent and degree of accuracy that the information is available in the records of the operator;
(3) Make available to the excavator, for inspection and copying at the excavator's expense, information in that specific operator's or agency's records on the approximate location of that specific operator's or agency's subsurface installations that may be affected by the excavation to the extent and degree of accuracy that the information is available in that specific operator's or agency's records; or
(4) Locate and field mark in conformance with the American Public Works Association Uniform Color Code the approximate location and the number of subsurface installations that may be affected by the excavation to the extent and degree of accuracy that the information is available as determined through the use of standard locating techniques or based on the records of the operator.
The operator shall promptly notify the center when the operator has fulfilled the requirements of this section. After receiving this notification from all affected operators, the center shall promptly provide notice to the excavator that all affected operators have fulfilled the requirements of this section.
(b) The excavator shall notify the center of any operator's failure to comply with this section and of the applicable inquiry identification number. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269E. One Call Center; Advance Warning to Excavators › 269E-10 Commencement of excavation.

§269E-10 Commencement of excavation.
The center shall not prohibit an excavator from beginning excavation work:
(1) After receiving notice that all affected operators have fulfilled the requirements of section 269E-9; or
(2) Five working days after the excavator provides notice of the excavation to the center pursuant to section 269E-7(a); provided that this subsection shall not be construed as affording the excavator any immunity or protection from claims for damages or injuries relating to the excavation. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269E. One Call Center; Advance Warning to Excavators › 269E-11 Remarking of operator's subsurface installation.

§269E-11 Remarking of operator's subsurface installation.
(a) The excavator shall take reasonable care to maintain an operator's field markings.
(b) If at any time during an excavation for which there is a valid inquiry identification number an operator's field markings are no longer reasonably visible, the excavator shall shut down the excavation and contact the center and request remarking of the subsurface installations. The center shall, on the same day, contact the operator and request remarking.
(c) Upon receiving timely renotification pursuant to this section, the operator shall within five working days, and to the extent necessary, remark those subsurface installations that may be affected by the excavation in conformance with section 269E-9(a)(4). The operator shall promptly notify the center when the requirements of this section are fulfilled.
(d) The excavator may continue excavation:
(1) After the center notifies the excavator that the operator has fulfilled the requirements of section 269E-11(c); or
(2) Five working days after the excavator requests remarking pursuant to section 269E-11(b); provided that this subsection shall not be construed as affording the excavator any immunity or protection from claims for damages or injuries relating to the excavation.
(e) If the excavator maintains the operator's field markings, then the excavator, when extending a location request ticket through the center, shall not request the operator to remark the operator's subsurface installations.
(f) The excavator shall notify the center of any operator's failure to comply with this section and of the applicable inquiry identification number.
(g) This section shall not apply to operators who comply with section 269E-9(a)(1), (2), or (3). [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269E. One Call Center; Advance Warning to Excavators › 269E-12 Excavation procedures.

§269E-12 Excavation procedures.
(a) The excavator shall exercise reasonable care when excavating in the vicinity of a subsurface installation.
(b) Before using any power-operated or power-driven excavating equipment, the excavator shall determine the exact location of subsurface installations in conflict with the excavation by first excavating down to the depth of the excavation with the appropriate hand tools within the area of the approximate location of the subsurface installations; provided that power-operated or power-driven excavating may be used:
(1) For the removal of any existing pavement if there are no subsurface installations contained in the pavement; or
(2) Within the approximate location of a subsurface installation by mutual agreement between the operator and the excavator.
(c) If after making every reasonable effort to locate the subsurface installation, the excavator cannot determine the exact location by hand excavation as set forth in subsection (b), the excavator shall request that the operator provide additional information through the center to locate the subsurface installation. The operator, within two working days, shall provide any information that is available to the operator to aid the excavator in determining the exact location.
(d) If after making every reasonable effort to locate the subsurface installation with the additional information provided pursuant to subsection (c) the excavator still cannot determine the exact location of the subsurface installation by hand excavation, the excavator shall notify the center. The center shall then:
(1) Require the operator to determine the exact location of the operator's subsurface installation with appropriate hand tools; or
(2) Allow the excavator to use powered equipment to continue the excavation, with or without on-site supervision by the operator; provided that this subsection shall not be construed as affording the excavator any immunity or protection from claims for damages or injuries relating to the excavation.
(e) Each excavator responsible for any excavation that results in contact with, exposure of, or damage to a subsurface installation, before continuing excavation in the immediate area of the subsurface installation shall:
(1) Immediately notify the operator of the location and nature of the damage and undertake any reasonable measures as requested by the operator; and
(2) Allow reasonable time, consistent with industry practice, for any necessary repairs to be made to the subsurface installation.
(f) If the damage to a subsurface installation creates an emergency situation, the excavator shall:
(1) Immediately notify the enhanced 911 emergency service and the operator of the facility; and
(2) Minimize the hazard until the arrival of the enhanced 911 emergency service authority or the operator. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269E. One Call Center; Advance Warning to Excavators › 269E-13 Excavation permits.

§269E-13 Excavation permits.
Prior to conducting an excavation, the excavator shall obtain all necessary permits from the appropriate agency or agencies pursuant to the laws, rules, regulations, procedures, and requirements governing the issuance of such permits. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269E. One Call Center; Advance Warning to Excavators › 269E-14 Penalties.

§269E-14 Penalties.
(a) An action for the enforcement of penalties pursuant to this chapter shall be brought before the commission by the State, county, excavator, or any operator.
(b) Any excavator or operator who negligently violates, neglects, or fails in any particular instance to conform to or comply with any requirement of this chapter or any order or rule of the commission:
(1) Shall be subject to a civil penalty not to exceed $5,000 per day for each day such violation, neglect, or failure continues, to be assessed by the commission after a hearing in accordance with chapter 91; provided that the maximum penalty for related violations arising out of the same act, omission, or occurrence shall not exceed $100,000; and
(2) May be required, at the expense of the violator, to participate in an educational program conducted by the center; provided that any excavator who negligently violates section 269E-7(a) shall be required, at the expense of the excavator, to participate in an educational program conducted by the center.
(c) Upon written application filed within fifteen days after service of an order imposing a civil penalty pursuant to this section, the commission may remit or mitigate such penalty upon such terms as it deems proper. In determining whether such penalty should be remitted or mitigated, the commission may consider:
(1) The gravity of the violation;
(2) Whether the excavator or operator charged with the violation attempted in good faith to comply with this chapter, before and after notification of the violation; and
(3) Any history of previous violations of this chapter by the operator or excavator.
(d) If any penalties imposed pursuant to this section are not paid or complied with within such period as the commission may direct, the attorney general shall institute a civil action in circuit court for compliance of the same.
(e) In addition to civil penalties imposed, the nonprevailing party shall reimburse the prevailing party for legal fees and costs incurred by the prevailing party.
(f) Notwithstanding any other law to the contrary, this chapter shall not affect any remedies, civil or criminal, otherwise provided by law. This chapter, and compliance therewith, shall not be construed as altering or mitigating any liabilities, responsibilities, or obligations imposed by law, rule, agreement, or contract, or as affording any immunity or protection from claims for injuries or damages relating to the excavation. This chapter does not expressly transfer, and shall not be deemed to imply the transfer of, any liability between operators and excavators. No insurance policy shall provide coverage for any civil penalties imposed under this chapter. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269E. One Call Center; Advance Warning to Excavators › 269E-16 Reconsideration and rehearings.

§269E-16 Reconsideration and rehearings.
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 motion for reconsideration or a rehearing shall be filed within ten days after the decision and order has been served and shall set forth specifically the ground or grounds on which the applicant considers the decision or order to be unlawful. No person shall in any court urge or rely on any ground not so set forth in the motion. A motion for reconsideration or rehearing shall not excuse any person from complying with and obeying any order or decision, or any requirement of any order or decision of the commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms as the commission by order directs. If, after reconsideration or rehearing the commission is of the opinion that the original order or decision, or any part thereof, is in any respect unjust or unwarranted, or should be changed, the commission may abrogate, change, or modify it. The order or decision abrogating, changing, or modifying the original order or decision shall have the same force and effect as an original order or decision, but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision unless so ordered by the commission. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269E. One Call Center; Advance Warning to Excavators › 269E-17 Appeals.

§269E-17 Appeals.
From the order made on an application for reconsideration or rehearing by the public utilities commission under this chapter, an appeal shall lie in the manner provided in section 269-15.5. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271. Motor Carrier Law › 271-1 Declaration of policy.

§271-1 Declaration of policy.
The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, over the public highways of this State constitutes a business affected with the public interest. It is intended by this chapter to provide for fair and impartial regulation of such transportation in the interest of preserving for the public the full benefit and use of the highways consistent with the public safety and the needs of commerce; to promote safe, adequate, economical, and efficient service and foster sound economic conditions in transportation and among the several carriers, to encourage the establishment and maintenance of reasonable rates and charges for transportation and related accessorial service, without unjust discrimination, undue preference or advantage, or unfair or destructive competitive practices. This chapter shall be administered and enforced with a view to carrying out the above declaration of policy. [L 1961, c 121, pt of §2; Supp, §106C-1; HRS §271-1]
Case Notes
Public utilities commission adequately addressed the public policy considerations of this section, including any damage sustained by intervenor motor carriers or the public by virtue of bankrupt carrier not having utilized its certificate for several months, where, based upon evidence adduced, commission concluded that carriers that conducted operations during interruption of bankrupt carrier's service did not unfairly suffer adverse effects detrimental to the provision of adequate transportation services to the public. 93 H. 45, 995 P.2d 776 (2000).
Where the public utilities commission acted within its prerogatives in treating bankrupt carrier's application as a request to permit other carriers to continue bankrupt carrier's existing service, and in doing so considered the public interest factors required under §271-18 and this section, §271-12 and the new service doctrine were inapposite to the case. 93 H. 45, 995 P.2d 776 (2000).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271. Motor Carrier Law › 271-2 Administration; governing provisions of other acts.

§271-2 Administration; governing provisions of other acts.
This chapter shall be administered by the public utilities commission of the State and the provisions of this chapter and of chapter 269, not inconsistent with this chapter, shall govern its administration; provided that sections 269-4, 269-9, 269-11, 269-16 to 269-28 and 269-30 shall not, in any respect, apply to the regulation of motor carriers. [L 1961, c 121, pt of § §2, 3; Supp, §106C-2; am L 1967, c 218, §1; HRS §271-2]
Note
Sections 269-4 and 269-11 referred to in text are repealed.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271. Motor Carrier Law › 271-3 Application of chapter, interstate, or foreign commerce.

§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 Opinions
Commission jurisdiction extends over motor carriers handling property under through route and joint fare arrangements. Att. Gen. Op. 63-26.
Case Notes
Hawaii household goods movers no longer exempt from Interstate Commerce Commission regulation. 395 F. Supp. 261 (1974).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271. Motor Carrier Law › 271-7 Exemptions, vehicles used by farmers.

§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 neighboring farmers in exchange for like or reciprocal services, for farm products, or for a cash consideration not exceeding $1,500 per year; provided that the transportation shall constitute the sole transportation of property for hire or compensation of the farmers are exempted from this chapter. [L 1962, c 12, pt of §6; Supp, §106C-5.4; HRS §271-7; am L Sp 1977 1st, c 20, §4]
Attorney General Opinions
This section does not affect §271-5(11) and safety provisions apply to pineapple transportation. Att. Gen. Op. 62-29.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271. Motor Carrier Law › 271-8 Certificate or permit required.

§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 commission authorizing the transportation. [L 1961, c 121, pt of §2; Supp, §106C-6; HRS §271-8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271. Motor Carrier Law › 271-8.5 Advertising.

§271-8.5 Advertising.
(a) It shall be a misdemeanor for any person, including a person who is exempt under section 271-5, to advertise as a motor carrier of passengers or property, unless the person holds a valid certificate or permit required by this chapter as to the classification so advertised. The term "advertise", as used in this section, includes: the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on or in any building or motor vehicle, or the advertising in any newspaper, magazine, or advertising other than in-column listings in any directory, or the commercial broadcasting by airwave transmission, or any and all communications media.
(b) A licensee may advertise in print or broadcast medium as described in subsection (a) only if the licensee includes in the advertisement the licensee's applicable and current certificate or permit number and provides proof of the number's validity to the publisher or producer of the advertising medium. The publisher or producer of a print or broadcast advertising medium shall not publish or broadcast an advertisement for a licensee who does not provide proof of a current certificate or permit or who does not include a currently valid certificate or permit number in the advertisement.
(c) Upon notice from the public utilities commission of the entry of a final order of the commission pursuant to chapter 91 or a judgment by a court of competent jurisdiction, that a person has advertised in violation of either subsection (a) or section 271-8, the public utility furnishing the telecommunications service shall disconnect that person's access to the telephone number or telecommunications service number contained in the advertisement or listing. A public utility complying with a notice to disconnect is immune from liability for damages resulting from its compliance.
(d) The publisher or producer of a print or broadcast advertising medium shall not be liable in any suit, action, or claim arising from its refusal to list or accept advertisements pursuant to subsection (b). [L 1978, c 66, §4; am L 1985, c 191, §1; am L 1992, c 75, §1; am L 2000, c 40, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271. Motor Carrier Law › 271-10 Reports and decisions of commission.

§271-10 Reports and decisions of commission.
(a) Whenever the public utilities commission inquires into the operations, operating rights, or rates, or directs inquiry and investigation into motor carrier activities regulated under this chapter, and holds public hearing thereon, it shall make a report in writing, on paper or electronically, in respect thereto, which shall state its findings of fact and conclusions of law, together with its decision, order, or requirement in the premises.
(b) All reports issued under subsection (a) shall be entered of record, and a paper or an electronic copy thereof shall be furnished to parties of record in the proceeding.
(c) The commission may provide for the publication of its reports and decisions in a form and manner as may be best adapted for public information and use, and these authorized publications shall be competent evidence of the reports and decisions of the commission therein contained in all courts of this State without any further proof or authentication thereof. The commission may also cause to be printed for early distribution its annual reports. [L 1961, c 121, pt of §2; Supp, §106C-8; HRS §271-10; am L Sp 1977 1st, c 20, §6; am L 2021, c 72, §8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271. Motor Carrier Law › 271-11 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence.

§271-11 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence.
The copies of schedules and classifications and tariffs of rates, fares, and charges, and all contracts, agreements and arrangements between motor carriers filed with the public utilities commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers made to the commission as required under this chapter shall be preserved as public records in the custody of the commission (except any contract, agreement, or arrangement between a contract carrier by motor vehicle and a shipper shall only be made public as provided in section 271-25), and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the commission and in all judicial proceedings; and copies of and extracts from any of the schedules, classifications, tariffs, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the commission under the commission's seal, shall be received in evidence with like effect as the originals. [L 1961, c 121, pt of §2; Supp, §106C-9; HRS §271-11]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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)]
2023 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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 271. Motor Carrier Law › 271-26.5 Change of address; responsibility; service of documents.

§271-26.5 Change of address; responsibility; service of documents.
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 the change. Communications, correspondence, service of orders, and other official documents shall be made upon the motor carrier, complainant, and any other party at the last recorded mailing or electronic mail address on file with the commission. Proof of service by certified or registered mail or by electronic transmission to the last known mailing or electronic mail address shall constitute a valid service of any commission's official document. [L 1978, c 66, §5; am L 2023, c 205, §5]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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.
2023 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]
2023 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]