§271-13 Permits for contract carriers by motor vehicle. (a) Except as otherwise provided in this section and in section 271-16, no person shall engage in the business of a contract carrier by motor vehicle over any public highway in this State unless there is in force with respect to such carrier a permit issued by the public utilities commission authorizing the person to engage in this business.

(b) Applications for permits shall be made in writing to the commission, be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon interested parties, as the commission shall, by regulation, require.

(c) Subject to section 271-15, a permit shall be issued to any qualified applicant therefor, authorizing in whole or in part the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service of a contract carrier by motor vehicle, and to conform to this chapter and the lawful requirements, rules, and regulations of the commission thereunder, and that the proposed operation to the extent authorized by the permit will be consistent with the public interest and the transportation policy declared in this chapter; otherwise, the application shall be denied. In determining whether issuance of a permit will be consistent with the public interest and the transportation policy, the commission shall consider the number of shippers to be served by the applicant, the nature of the service proposed, whether the proposed service can be or is being properly performed by existing common carriers, the effect which granting the permit would have upon the services of the protesting carriers, the effect which denying the permit would have upon the applicant's proposed shipper or shippers, and the changing character of shipper requirements; provided, however, that a permit shall not be issued in any case where it has been established that an existing common carrier is properly performing, the proposed service. The commission shall specify in the permit the business of the contract carrier covered thereby and the scope thereof, and it shall attach to it at the time of issuance, and from time to time thereafter such reasonable terms, conditions, and limitations consistent with the character of the holder of the permit as a contract carrier, including terms, conditions, and limitations respecting the person or persons, their names, the number or class thereof for which the contract carrier may perform transportation service, as may be necessary to assure that the business is that of a contract carrier and within the scope of the permit, and to carry out with respect to the operation of the carrier the requirements established by the commission under sections 271-9(a)(2) and 271-9(a)(4). Any permit covering the transportation of passengers may include authority to transport in the same vehicle with the passengers, baggage of passengers, and also authority to transport baggage of passengers in a separate vehicle; provided that within the scope of the permit and any terms, conditions, or limitations attached thereto, the carrier shall have the right to substitute or add to its equipment and facilities as the development of its business may require; and provided further that no motor carrier shall commence operations under any contract carrier authority granted under this section until it has filed with the commission a certified copy of a written contract or contracts executed with the shipper or shippers for whom the service is authorized in the permit to be provided, the contract or contracts to be bilateral and impose specific obligations upon both carrier and shipper or shippers and to set forth all terms and conditions of any transportation agreement obtaining between the motor carrier and the shipper or shippers. [L 1961, c 121, pt of §2; am L 1962, c 12, §2; Supp, §106C-11; HRS §271-13; am L 1969, c 57, §1]

Case Notes

Hawaii household goods movers no longer exempt from Interstate Commerce Commission regulation. 395 F. Supp. 261.