reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 16 - DECLARATORY ORDERS › Section 16-601-161 - Form and contents

Current through June, 2024
A petition for declaratory order must conform to the
				  requirements of subchapter
				  2 and contain the following:
(1) The name, address, signature, and
				telephone number of each petitioner;
(2) A designation of the statutory provision,
				rule, or order in question, together with a statement of the controversy or
				uncertainty involved;
(3) A
				statement of the petitioner's interest in the subject matter and the reasons
				for submission of the petition;
(4)
				A statement of the petitioner's position or contention and a memorandum
				containing a full discussion of reasons and legal authorities in support of
				that position or contention; and
(5) Proof of service on the affected public
				utility, motor carrier, or water carrier and on the consumer
				advocate.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 16 - DECLARATORY ORDERS › Section 16-601-162 - Commission action

Current through June, 2024
(a) Within
				forty-five days after the submission of a petition for declaratory ruling, the
				commission shall:
(1) Deny the petition in
				writing, stating the reasons for that denial;
(2) Issue a declaratory order on the matters
				contained in the petition; or
(3)
				Set the matter for hearing, as provided in subchapter
				3.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 16 - DECLARATORY ORDERS › Section 16-601-163 - Dismissal of petition

Current through June, 2024
The commission may, without notice or hearing, dismiss a
				  petition for declaratory ruling that fails to comply with the requirements of
				  this subchapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 16 - DECLARATORY ORDERS › Section 16-601-164 - Refusal to issue declaratory order

Current through June, 2024
The commission may, for good cause, deny the petition or
				  refuse to issue a declaratory order by giving specific reasons for that
				  determination. Without limiting the generality of the foregoing, the commission
				  may so refuse where:
(1) The question
				is speculative or purely hypothetical and does not involve existing facts or
				facts that can be expected to exist in the near future;
(2) The petitioner's interest does not give
				it standing to maintain an action if petitioner were to seek judicial
				relief;
(3) The issuance of the
				declaratory order may affect the interest of the State in pending litigation or
				in litigation that may reasonably be expected to arise; or
(4) The matter is not within the jurisdiction
				of the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 16 - DECLARATORY ORDERS › Section 16-601-165 - Request for hearing

Current through June, 2024
Although in the usual course of disposition of a petition for
				  a declaratory ruling no formal hearing will be held, the commission may order a
				  hearing. Any petitioner or party in interest who requests a hearing shall state
				  the reasons why a hearing is necessary and, to the extent that the request for
				  a hearing is based upon factual assertion, shall attach an affidavit
				  establishing the facts. If the commission orders a hearing, the provisions of
				  subchapter
				  3 shall govern the
				  proceeding.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 16 - DECLARATORY ORDERS › Section 16-601-166 - Applicability of order

Current through June, 2024
An order disposing of a petition for a declaratory order
				  applies only to the factual situation described in the petition or if, a
				  hearing is held, as set forth in the decision and order.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 17 - FORMS › Section 16-601-170 - Forms

Current through June, 2024
The forms, attached as Appendices A to F at the end of this
				  chapter and made a part hereof, are merely illustrative as to general form. The
				  content of particular pleadings will vary, depending upon the subject matter
				  and applicable procedural requirements.
(1) Appendix A, entitled "Application," dated
				June 2 016;
(2) Appendix B,
				entitled "Petition for declaratory ruling," dated June 2016;
(3) Appendix C, entitled "Complaint," dated
				June 2016;
(4) Appendix D, entitled
				"Answer," dated June 2016;
(5)
				Appendix E, entitled "Motion," dated June 2016; and
(6) Appendix F, entitled "Notice," dated June
				2016.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 17 - FORMS › Appendix A - Application

Current through June, 2024
June 2016
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Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 17 - FORMS › Appendix B - Petition for Declaratory Ruling

Current through June, 2024
June 2016
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Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 1 - GENERAL PROVISIONS › Section 16-603-2 - Definitions

Current through June, 2024
"Commission" means the public utilities commission of the
				  State.
"Commodity rate" means the specific rate applicable to a
				  commodity, as described in a tariff.
"Common carrier" means "common carrier by motor vehicle" and
				  "contract carrier" means "contract carrier by motor vehicle."
"Common carrier by motor vehicle" and "contract carrier by
				  motor vehicle" have the same meanings as in section
				  271-4, HRS.
"Consumer advocate" means executive director of the division
				  of consumer advocacy of the department of commerce and consumer affairs.
"HRS" means the Hawaii Revised Statutes.
"Issuing carrier or agent" means the common carrier by motor
				  vehicle or person authorized by the common carrier by motor vehicle to issue
				  and publish tariffs on behalf of the carrier.
"Joint routes and rates" means routes and rates which result
				  from two or more common carriers by motor vehicle providing transportation
				  service over a route at a through rate.
"Point of destination" means the precise location where
				  property is delivered into the custody of the consignee or its agent.
"Motor carrier" has the same meaning as in section
				  271-4, HRS.
"Point of origin" means the precise location where property
				  is delivered into the custody of the motor carrier by the consignee or its
				  agent.
"Schedule" means a publication stating the actual rates and
				  charges of a contract carrier by motor vehicle, and all the rules which are
				  applied by the contract carrier by motor vehicle.
"State" means the State of Hawaii.
"Supplement" means a publication stating changes to the
				  rates, fares, charges, rules, or conditions in a tariff.
"Symbol" means an identifying mark or letter to denote
				  changes to a tariff.
"Tariff" means a publication which states the rates, fares,
				  charges, rules, or conditions of a common carrier by motor vehicle.
"Tariff change" means any change, addition, or deletion to a
				  tariff.
"Through rate" means a single rate or combination of rates
				  which determines the charge from a point of origin to point of
				  destination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 1 - GENERAL PROVISIONS › Section 16-603-3 - Filing requirements

Current through June, 2024
(a) Tariff. A
				common carrier by motor vehicle shall file and maintain a current tariff with
				the commission that conforms to this chapter. Each common carrier by motor
				vehicle shall file an initial tariff prior to commencing service, and shall not
				commence service unless the tariff is approved by the commission.
(b) Schedule. A contract carrier by motor
				vehicle shall file and maintain a current schedule with the commission that
				conforms to this chapter. Each contract carrier of passengers or property by
				motor vehicle shall file a schedule prior to commencing service, and shall not
				commence service unless the contract carriage is approved by the
				commission.
(c) A contract carrier
				by motor vehicle shall file a certified copy of each contract executed with a
				shipper. Contract rates, fares, and charges shall be attached to the contract
				as an exhibit.
(d) Copies. A common
				or contract carrier or its agent shall file an original and eight copies of its
				tariff or schedule and contracts with the commission.
(e) Method of filing. The tariff or schedule
				and contracts shall be filed either in person at the commission's office at 465
				South King Street, Room 103, Honolulu, HI 96813, or by mail, in one package,
				postage fully prepaid, to the commission at the address stated above. Each
				filing shall be accompanied by a letter of transmittal (in duplicate) listing
				all material enclosed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 1 - GENERAL PROVISIONS › Section 16-603-4 - Format

Current through June, 2024
(a) All tariffs, schedules, amendments, and
				supplements shall be typewritten on paper
				8-1/2 x 11
				inches in size.
(b) Each page shall
				be in a form suitable for insertion into a looseleaf binder, and shall contain
				margins at least 5/8" wide at the binding edge.
(c) Each page of the tariff shall be
				numbered, beginning with the title page, except that the title page may be page
				1, or "Title Page".
(d) The text of
				the tariff, schedule, amendment or supplement shall not contain any
				alterations, such as erasures or handwritten additions.
(e) Forms for powers of attorney,
				certifications of agency, adoption notices, and tariffs as provided in the
				appendices located at the end of this chapter, and which are made a part of
				this section, shall be used as guides for documents required to be submitted to
				the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 1 - GENERAL PROVISIONS › Section 16-603-5 - Posting

Current through June, 2024
(a) A common or contract carrier shall make
				its tariff or schedule available for public inspection or examination at its
				principal place of business.
(b) A
				common or contract carrier shall also post and file, at each of its stations or
				offices where bills are prepared, all of the tariffs or schedules applying from
				or at the station or office.
(c)
				All tariffs, schedules, amendments, and supplements shall be filed with the
				commission and posted in the locations specified in subsections (a) and (b), at
				least thirty days prior to the effective date desired by the common or contract
				carrier, unless otherwise authorized by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 1 - GENERAL PROVISIONS › Section 16-603-6 - Power of attorney

Current through June, 2024
(a) A common
				carrier may authorize an agent to publish and file a tariff or supplement in
				which the carrier participates, by issuing an appropriate power of attorney, in
				the form attached as an example in Appendix A, in favor of the agent. The agent
				shall be an organization which has authority granted by the commission to
				publish and file tariffs for common carriers.
(b) The power of attorney may not contain
				authority to delegate the power. The common carrier shall not give two or more
				agents authority which, if exercised, would result in conflicts in rates or
				other conditions.
(c) The power of
				attorney may be canceled or revoked by the common carrier by thirty days'
				notice on the commission and on the agent.
(1)
				When a power of attorney is revoked, a corresponding revision of the common
				carrier's tariff or tariffs shall be filed. The tariff revision shall have an
				effective date no later than the effective date of the revocation. Notice of
				the tariff revision shall be provided as required by section
				271-21,
				HRS. If the applicable tariff or tariffs are not revised, the tariff on file
				shall remain in effect;
(2)
				Authority may be transferred from one agent to another by filing a new power of
				attorney with the commission. The power of attorney shall name the new agent
				and shall cancel the previous power of attorney.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-9 - Tariff format

Current through June, 2024
(a) Tariffs shall
				follow the format of the sample tariff in Appendix D, to the extent reasonably
				practicable. Each tariff page shall contain the following information:
(1) The name and PUC number of the common
				carrier or agent issuing the tariff centered on the top of the page;
(2) Name and number of the tariff centered
				directly under the name of the common carrier or agent; and
(3) Page number of the tariff in the upper
				right hand corner of the page.
(A) The page
				number shall identify revised and canceled pages.
Example: 4th Revised Page 25
Cancels
3rd Revised Page 25;
(B) In lieu of identifying the canceled page
				in the numbering of each page, the tariff may include a rule providing for the
				cancellation of prior pages which bear the same page number.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-10 - Tariff content

Current through June, 2024
Tariffs shall contain the following, in the order
				  named:
(1) Title page. The title page
				of the tariff shall conform to the format requirements of section 16-603-9,
				except that the notation "Title Page" may be used instead of the page number
				required in sections 16-603-9(a)(3) and 16-603-9(c)(4). In addition, the title
				page shall contain:
(A) The tariff number and
				the full legal name of the common carrier or agent issuing the tariff. The name
				of the common carrier must be the same as that appearing in the common
				carrier's certificate of public convenience and necessity (or application if no
				certificate has been issued). If a trade name is used, the name of the
				individual or partners must precede the trade name.
Example: John Doe and William Doe Doing Business As ABC
				  Trucking
When two or more common carriers join in a through rate the
				  names of all participating common carriers must be shown;
(B) A brief description of the contents of
				the tariff, including the island or islands covered by the tariff;
				and
(C) Reference to a
				classification tariff, if applicable. If a classification is published in a
				separate tariff, the title page for a rate tariff must contain a reference to
				the classification tariff.
Examples of references are as follows: Governed, except as
				  otherwise provided, by the General Commodities Classification of ABC Trucking
				  Co., PUC No. XXX, as modified by supplement or successive issue.
or
For reference to governing classification and other
				  governing publications, see Item XX, Page YY, as amended;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-11 - Exceptions

Current through June, 2024
In addition to ratings or rates that are based on
				  classifications, a common carrier may also publish commodity rates, commodity
				  zone rates, or rates by exception. Rates that are established as exceptions
				  shall be prominently identified in the applicable tariff under the heading
				  "Exceptions to Classification." The exceptions may also be published in a
				  separate tariff. When exceptions are published in a separate tariff, specific
				  reference to the exceptions shall be made in all rate tariffs where the
				  exceptions are applicable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-12 - Joint routes and rates

Current through June, 2024
Common carriers of property may establish joint routes and
				  through rates, and shall establish reasonable rules governing joint routes and
				  through rates. Interline revenues shall be divided by agreement between
				  participating common carriers. All joint routes or through rates must comply
				  with all the provisions of section
				  271-35,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-13 - Classification tariff

Current through June, 2024
(a) A common
				carrier of property may file a separate classification tariff, where articles
				are grouped by classification and where rates for each classification are
				established by reference to other tariffs. A rate or rating shall be identified
				for each group. The tariff shall also contain an alphabetical list of all
				articles listed, unless the number of articles is so small that the tariff
				plainly discloses its contents.
(b)
				Each common carrier of property with a classification tariff shall comply with
				the following rule, and shall incorporate the rule in the classification
				tariff:
If a tariff establishes a commodity rate, the class rate on
				  the same article between the same points or zones via the same route does not
				  apply, unless the tariff that establishes the commodity rate explicitly allows
				  either the commodity or the class rate to be used.
(c) All participating common carriers of
				property shall be named in the classification tariff. When a common carrier of
				property participates in a classification tariff, the common carrier or its
				agent shall not publish class or commodity rates that duplicate or conflict
				with the rates in the classification tariff.
(d) The classification tariff may also
				contain relevant rules. These rules shall precede the list of articles in the
				classification tariff, and shall be consecutively numbered and separately
				indexed,
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-14 - Order of precedence

Current through June, 2024
(a) Rates based on
				time, weight, or mileage are permissible, and shall take precedence over all
				other types of rates.
(b) Commodity
				rates may be published in stated truckload or less-than-truckload quantities,
				and, if so published, shall take precedence over classification rates or
				exception rates or ratings.
(c)
				Rates specified in exceptions shall take precedence over classification
				rates.
(d) Point-to-point commodity
				rates shall take precedence over commodity zone rates or distance commodity
				rates.
(e) Commodity zone rates
				shall take precedence over distance commodity rates.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-15 - Lowest rate applicable

Current through June, 2024
(a) Notwithstanding
				section 16-603-14, common carriers of property shall conform to the following
				rule, and shall incorporate the rule in any tariff containing classification or
				commodity rates:
Whenever a classification rate and commodity rate are named
				  between specific points, the lower of the rates is the lawful rate, unless some
				  combination of classification rates or commodity rates or classification and
				  commodity rates makes an even lower rate, in which case the lowest rate or
				  combination of rates is the applicable rate.
(b) A common carrier of passengers shall
				conform to the following rule, and shall incorporate the rule in its tariff:
When a combination of fares makes a lower fare than the
				  published through fare, the combination is the lawful fare and shall be
				  applied.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-16 - Tariff changes

Current through June, 2024
Form of applications: A common carrier desiring to publish
				  and apply rates, charges, rules, or conditions different from those previously
				  filed by the common carrier or its agent shall file an application for a tariff
				  change. An original and eight copies of the application shall be filed with the
				  commission, and the application shall contain the following:
(1) Name of applicant (as shown on the
				certificate of public convenience and necessity) and address of principal
				office;
(2) Complete and detailed
				description of changes or additions sought. If the original tariff has a check
				sheet, the application shall also contain a revised check sheet that indicates
				all affected pages and revised tariff page or pages, showing all requested
				changes or additions;
(3) All
				points or zones to and from which the changes or additions are sought to be
				applied. The effect of the changes or additions, and the points or zones
				affected shall be clearly stated;
(4) Effective date of the changes or
				additions;
(5) Reasons for the
				change; and
(6) Revised tariff
				pages or supplements. Revised tariff pages and supplements must comply with the
				requirements of section 16-603-9.
(A) When
				tariffs are issued canceling a tariff or tariffs previously filed, the tariff
				number or numbers of the tariff or tariffs canceled must be shown in the left
				top corner immediately under the tariff number of the new tariff. Example: PUC
				No. 2 - 2
Cancels
PUC No. 2 - 1;
(B) All revised tariff pages and supplements
				shall indicate changes from the existing tariffs by use of the following
				symbols, shown directly in the margin opposite each change:
(R) to denote reductions;
(A) to denote increases; and
(C) to denote a change, the result of which is neither an
				  increase nor a reduction; and
(C) An amended page may be replaced by more
				than one page.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-17 - Service and protests

Current through June, 2024
(a) Applications to
				change tariffs or to implement supplements shall be served in accordance with
				section 16-601-93 except for applications to implement on less than statutory
				notice in emergencies.
(b)
				Applications to implement on less than statutory notice in emergencies shall
				comply with section 16-603-18,
(c)
				Protests to applications shall be filed within the time specified in section
				16-601-59, and shall comply with section 16-601-58.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-18 - Short notice

Current through June, 2024
(a) The commission,
				may grant requests for changes or additions to tariffs on less than thirty
				days' notice if it finds that an emergency exists, and the applicant has proven
				that delay in implementing the change or addition will result in substantial
				damage to the applicant or its shipper. A full statement of the need for
				implementation on less than statutory notice shall be a part of the
				application.
(b) A copy of the
				application and request for short notice shall be served on the consumer
				advocate and each carrier association that represents common carriers whose
				interests may be affected by the application. The commission may require
				service on other parties, as it deems appropriate.
(c) The commission shall take no action on
				the application earlier than three working days after service is made under
				subsection (b), so that parties can file protests or objections.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-19 - Adoption of tariffs

Current through June, 2024
(a) When a
				certificate of public convenience and necessity or a permit is transferred, the
				transferee may adopt the tariffs and other instruments issued by or on behalf
				of the transferor if consistent with the commission's order authorizing the
				transfer of the certificate of public convenience and necessity or permit. The
				adoption notice shall be a one-page document,
				8-1/2 by 11
				inches in size in the format shown as an example in Appendix C. An original and
				eight copies of the adoption notice shall be filed with the
				commission.
(b) Concurrently with
				the filing of an adoption notice with the commission, a copy of the adoption
				notice shall be furnished to each agent publishing tariffs containing rates or
				other provisions in which the transferor common carrier participated.
(c) After filing the adoption notice pursuant
				to subsection (a), the transferee shall supplement or reissue each tariff
				issued by the transferor, indicating that the tariff has been adopted by the
				transferee. The tariff supplement or reissue shall conform to the commission
				order authorizing the transfer.
(d)
				When a certificate of public convenience and necessity or a permit is
				transferred and the transferee does not elect to issue an adoption notice, the
				transferee shall file a temporary adoption notice and new tariff no later than
				ten days after the effective date of the commission order authorizing the
				transfer of the certificate of public convenience and necessity or permit. The
				new tariff shall become effective thirty days after the notice, unless
				suspended by the commission for a longer period.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 2 - COMMON CARRIER TARIFFS › Section 16-603-20 - Name change

Current through June, 2024
A common carrier that changes its legal name without transfer
				  of control shall immediately notify the commission in writing of the change and
				  shall amend its tariffs to show the new name of the company. The common carrier
				  shall also provide written notification of the name change to all agents who
				  have issued tariffs in which the common carrier participates, and the agents
				  shall promptly change the name of the common carrier by tariff amendment. The
				  tariff amendments shall show the new name of the common carrier and its former
				  name; for example: "ABC Transportation Co. (formerly XYZ Trucking
				  Co.)."
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 3 - CONTRACT CARRIER SCHEDULES › Section 16-603-24 - Format and content

Current through June, 2024
Schedules shall consist of:
(1) All of the terms, conditions, rates,
				fares, charges, and rules and other provisions applicable to service to be
				provided under the contract;
(2)
				Description of the zones in which, or points from and to which, the actual
				rates or charges apply;
(3)
				Complete list of all other motor carriers performing the same service in the
				same territory; and
(4) For
				contract carriers of property, a complete alphabetical listing of all the
				commodities and the actual rates and charges for each commodity.
(A) The actual rates or charges shall be
				stated in cents or in dollars and in cents per 100 pounds, per mile, per hour,
				per cubic foot, per net ton of 2,000 pounds, per gross ton of 2,24 0 pounds,
				per truckload (of stated amount), or other definable measure commonly used and
				understood in the trade;
(B) When a
				schedule names rates or charges from and to specific points, the list of
				commodities shall include the various points served and the rates for carrying
				each commodity between the various points; and
(C) Contract carriers that serve only one
				shipper and that have provided continuous service for less than one year may
				file reasonable minimum rates, rather than actual rates, unless the commission
				finds that the public interest would be better served by the filing of actual
				rates.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 3 - CONTRACT CARRIER SCHEDULES › Section 16-603-25 - Additional contracts

Current through June, 2024
If a contract carrier receives approval from the commission
				  to enter into another contract with a shipper or customer with whom it has an
				  existing contract on file with the commission, a copy of the additional
				  contract shall be filed with the commission and shall be marked: "Additional
				  Contract, with
name of contracting
				  shipper
."
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 3 - CONTRACT CARRIER SCHEDULES › Section 16-603-26 - Amendments

Current through June, 2024
A contract carrier shall not amend its charges to a shipper
				  or customer unless it provides thirty days' advance notice to the commission. A
				  copy of all amendments to the contract between the contract carrier and its
				  shipper or customer shall be filed with the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 4 - PAYMENT AND C.O.D. SHIPMENTS › Section 16-603-29 - Payment of rates and charges

Current through June, 2024
(a) Except as
				otherwise provided in this chapter, all transportation and other lawful charges
				shall be payable before the property is surrendered to the consignee or owner
				of the property, or, for prepaid shipments or passenger transportation, before
				the shipment or passengers are forwarded from the point of origin to the
				destination.
(b) Where proper and
				satisfactory credit arrangements are made to assure payment of a tariffed
				charge within the specified credit period in this subsection, common carriers
				may perform a transportation service before the tariffed charge for the service
				is paid and may extend credit in the amount of the charge to the shipper,
				agent, or other person who will pay the charge.
(1) When a freight bill for a shipment is
				presented to the shipper or agent on or before the date of delivery, the credit
				period shall start from the first 12 o'clock midnight of the last day of the
				calendar month in which the freight was delivered and continue for seven days,
				excluding Sundays and legal holidays other than Saturday half-holidays;
				and
(2) When the bill is not
				presented to the shipper or agent on or before the completion of the service,
				the credit period shall start at the first 12 o'clock midnight following the
				presentation of the bill and continue for seven days, excluding Sundays and
				legal holidays other than Saturday half-holidays.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 4 - PAYMENT AND C.O.D. SHIPMENTS › Section 16-603-30 - Handling of COD shipments and accounting for collections

Current through June, 2024
(a)
				Bond required. Each common or contract carrier of property or passengers that
				elects to handle C.O.D. shipments shall:
(1)
				Obtain and file with the commission a bond of not less than $3,000 prior to
				handling any C.O.D. shipment; and
(2) Remit to consignor all C.O.D. moneys
				collected on the shipments no later than ten days after delivery to the
				consignee, unless consignor instructs otherwise in writing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 5 - BILLS OF LADING AND HOUSEHOLD GOODS QUOTATIONS › Section 16-603-33 - Bills of lading

Current through June, 2024
(a) Every common or
				contract carrier of property shall issue a bill of lading or freight receipt,
				at the time a shipment is accepted. The bill of lading shall be itemized, shall
				clearly and fully describe the shipment and shall show its classification. In
				addition, when freight receipts are presented to the customers for billing, the
				bills of lading or freight receipt shall contain the following information:
(1) Rate charged for transportation, starting
				and ending time, date, and mileage, if charges are based on time;
(2) Loading and unloading time, and the
				duration of and cause of chargeable delays during loading, unloading, and
				enroute, when charges for delays are assessed to the shipper or consignee;
				and
(3) Weight and measurement,
				quantity of items and other unit measure, if measure is the basis for charges
				to be assessed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 5 - BILLS OF LADING AND HOUSEHOLD GOODS QUOTATIONS › Section 16-603-34 - Estimates by household goods movers

Current through June, 2024
(a) Every common
				carrier of property by motor vehicle in the household goods classification
				shall provide the householder, owner of the household goods, or person
				responsible for payment a written estimate of the cost of transportation prior
				to transporting the goods.
(b) The
				written estimate shall contain the applicable rates and charges for each of the
				services to be provided, the estimated time needed to perform the services, the
				estimated weight of the shipment, a general description of the items to be
				moved, and the date that each service will be performed.
(c) In addition to the information required
				in subsection (b), the common carrier shall also inform the householder, owner
				of the household goods, or person responsible for payment that the goods will
				be transported at a specified declared value and that the householder, the
				owner of the household goods, or person responsible for payment has the
				responsibility of securing additional insurance coverage for any value in
				excess of the specified declared valuation.
(d) The written estimate shall be attached to
				the invoice or bill of lading for the transportation charges.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 6 - FORMS › Section 16-603-38 - Forms

Current through June, 2024
The forms located at the end of this subchapter and made a
				  part hereof, are merely illustrative as to general form. The content of
				  particular documents will vary, depending upon the subject matter and
				  applicable procedural requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 603 - MOTOR CARRIER TARIFFS AND SCHEDULES › Subchapter 6 - FORMS › Appendix D - Sample tariff

Current through June, 2024
1. Transmittal letter
2. Check sheet
3. Tariff - title page
4. Tariff pages
5. Blank tariff page
Click here
				  to view image
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				  view image
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				  to view image
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				  to view image
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-605-1 - Purpose and scope of chapter 16-605

Current through June, 2024
This chapter governs the;
(1) Form and content of tariffs of water
				carriers of property and passengers, and the information and data to be
				submitted for the establishment of new or revised rates, fares, or charges;
				and
(2) Filing of financial and
				statistical information by water carriers of property and
				passengers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-605-3 - Tariff filing requirements

Current through June, 2024
(a) A water carrier
				may not commence any service without first having a tariff for the service
				approved by and on file with the commission.
(b) A tariff must be filed with the
				commission in the original and three copies.
(c) A water carrier may file the tariff
				either in person at the commission's office or by United States mail, postage
				prepaid, and addressed to the commission at its main office,
(d) A tariff may be filed by the water
				carrier or by its agent appointed as provided in section 16-605-6.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-605-4 - Tariff open to public inspection

Current through June, 2024
A water carrier shall make all of its tariffs available for
				  public inspection or examination at:
(1) Its principal place of business;
				and
(2) Each of its stations or
				offices.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-605-5 - Tariff change - posting

Current through June, 2024
No change may be made in any rate, fare, charge,
				  classification, or sailing or in any rule, regulation, or practice affecting
				  the rate, fare, charge, classification, or sailing, except upon forty-five
				  days' notice of the proposed change filed with the commission and published and
				  posted at the water carrier's principal place of business and at each of the
				  carrier's stations and offices; provided that:
(1) A change in a fuel surcharge approved by
				the commission may be made after thirty days' notice of the proposed change
				filed and posted as provided above; and
(2) Any change or addition to a tariff,
				approved on short notice filing as provided in section 16-605-41, may be made
				on less than forty-five days' notice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-605-6 - Power of attorney

Current through June, 2024
(a) A water carrier
				may appoint an agent to file and publish a tariff or supplement in which the
				water carrier participates by executing a power of attorney in favor of the
				agent. The power of attorney must be in the form set forth in Appendix A. The
				agent must be an organization expressly authorized by the commission to publish
				and file tariffs on behalf of water carriers.
(b) A power granted an agent by a power of
				attorney may not be delegated by the agent to any other person. A water carrier
				may not grant powers of attorney to two or more agents which, if exercised,
				would result in conflicts in rates or other conditions.
(c) A water carrier may revoke a power of
				attorney upon forty-five days' written notice to the commission and the agent.
				Upon the revocation of a power of attorney, the water carrier may appoint a new
				agent, and the water carrier or its new agent shall file a revision to its
				tariffs reflecting the change in agency. Such a revision is subject to the
				notice provision provided in section 16-605-5.
(d) When two or more water carriers join in a
				through rate filed by an agent, all such carriers joining in the through rate
				shall execute powers of attorney in favor of the agent for purposes of filing
				the through rate.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-12 - Tariff format - generally

Current through June, 2024
(a) Each tariff and
				supplement must be typewritten on paper
				8-1/2 x 11
				inches in size.
(b) Each page of a
				tariff or supplement must:
(1) Be in a form
				suitable for insertion into a looseleaf binder and contain margins at least 5/8
				inches wide on the binding edge; and
(2) Be numbered. The title page may be page 1
				or simply labeled "Title Page" with the next succeeding page numbered page
				1.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-13 - Tariff content

Current through June, 2024
(a) A tariff must
				contain the following:
(1) Title
				page;
(2) Check sheet;
(3) Table of contents;
(4) Listing of water carriers participating
				in the tariff;
(5) Definitions of
				technical and other important terms used in the tariff;
(6) Rules;
(7) Index of stations and points for
				passenger carriage ?
(8) Index of
				commodities for property carriage, where rates are established for specific
				commodities;
(9) List of zones for
				property carriage, where zone rates apply;
(10) Table of fares or rates and
				charges;
(11) Explanation of
				abbreviations, symbols, and reference marks used in the tariff; and
(12) Sailing schedules.
Subsections (b) to (1) define each of the content matter
				  listed in subsection (a), except item (5), which is self-explanatory.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-14 - Tariff page

Current through June, 2024
(a) Each tariff page must contain the
				following information:
(1) Name of the water
				carrier or agent issuing the tariff;
(2) Name and number of the tariff;
(3) Page number of the tariff. If the page is
				a revised page, the number of the revision must precede the page number (e.g.,
				"4th revised page 25");
(4) Date of
				the issuance of the page or revised page and its contents; and
(5) Effective date of the page and its
				contents.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-15 - Supplement

Current through June, 2024
Each supplement to a basic tariff must be consecutively
				  numbered, starting with 'Supplement No. 1." The supplement must identify on the
				  title page the basic tariff to which it is a supplement and briefly describe
				  the nature of the supplement. In addition to meeting the requirement of section
				  16-605-13, each page of the supplement must contain the following:
(1) The supplement number immediately below
				the name and number of the tariff to which it is a supplement; and
(2) The supplement number preceding the page
				number (or revised page number) in the upper right hand corner of the
				page.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-16 - Joint routes and rates

Current through June, 2024
Water carriers:
(1)
				May establish joint routes and through rates with one another and with motor
				carriers engaged in common carriage; and
(2) Shall establish reasonable rules
				governing these rates.
Interline revenues are to be divided by agreement between the
				  participating carriers. All joint routes and through rates must comply with
				  section
				  271G-25,
				  HRS, and if a motor carrier is involved, with section
				  271-35,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-17 - Class rates for property carriage

Current through June, 2024
(a) Water carriers
				of property may group articles into classes and establish class rates. The
				classification must clearly describe the commodities included in each class,
				the ratings assigned to the classes, and relevant rules. The rules must precede
				the classification of articles and be consecutively numbered and separately
				indexed.
(b) The classification of
				articles must be published either in the rate tariff or in a separate
				classification tariff. When published in a separate classification tariff, the
				classification tariff must:
(1) Make reference
				to the class rates in the rate tariff;
(2) Contain an alphabetical list of all
				articles listed, unless the number of articles is so small that the tariff
				plainly discloses its contents; and
(3) Identify the water carriers participating
				in the classification tariff.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-18 - Exceptions to class rates

Current through June, 2024
(a) A rate for an
				article lower than the rates for classes of articles must be published as a
				commodity rate, or if the article is otherwise included in a class of articles
				for which a class rate has been established, as an exception to the class.
				Exceptions must be published as part of a tariff of class rates under the
				heading "Exceptions to Classification" or in a separate tariff. If a separate
				tariff of exceptions is published, specific reference to the exceptions must be
				made in all rate tariffs where the exceptions are applicable.
(b) If a tariff establishes a commodity rate,
				the class rate on the same article between the same points or zones via the
				same route does not apply unless the tariff that establishes the commodity rate
				explicitly allows either the commodity or the class rate to be used. The
				provisions of this subsection must be included in the classification tariff.