Hawaii Revised Statutes 271g. Hawaii Water Carrier Act
- 271g-1 Short Title.]
This chapter shall be called the Hawaii Water Carrier Law. [L 1974, c 94, pt of ยง1]
- 271g-2 Declaration of Policy.
The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, by water within the State...
- 271g-3 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...
- 271g-4 Application of Chapter, Interstate, or Foreign Commerce.
This chapter shall not apply to commerce with foreign nations or to interstate commerce, except insofar as the application is permitted under the Constitution...
- 271g-5 Definitions.
As used in this chapter: (1) "Chapter" means this Water Carrier Law. (2) "Commission" means the public utilities commission. (3) "Person" or "persons" means...
- 271g-6 Exemptions, Generally.
Notwithstanding any other provisions of this chapter, its contents shall not apply to: (1) Persons transporting their own property where the transportation is in...
- 271g-7 General Duties and Powers of the Commission.
The general duties and powers of the public utilities commission shall be: (1) To regulate water carriers, and to that end the commission shall...
- 271g-7.5 Electronic Copies of Documents.
(a) No later than July 1, 2011, the public utilities commission shall accept from any person who submits a document to the commission the...
- 271g-8 Reports and Decisions of Commission.
Whenever the public utilities commission inquires into the operations, operating rights, rates, safety of operations, or directs inquiry and investigation into water carrier activities...
- 271g-9 Copies of Schedules, Tariffs, Contracts, Etc., Kept As Public Records; Evidence.
The copies of schedules and classifications and tariffs or rates, fares, and charges, and all contracts, agreements and arrangements between water carriers filed with...
- 271g-10 Applications for Certificates of Public Convenience and Necessity.
(a) Except as otherwise provided in this section and in sections 271G-6 and 271G-12, no water carrier shall engage in operations between points within...
- 271g-11 No Proprietary Right in Water.
No certificate issued under this chapter confers any proprietary or property right in the use of the waterways. [L 1974, c 94, pt of
- 271g-12 Temporary Authority.
To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory...
- 271g-13 Security for Protection of Public.
No certificate shall be issued to a water carrier or remain in force unless such carrier complies with such reasonable rules and regulations as...
- 271g-14 Transfer of Certificates of Public Convenience and Necessity, and Carrier Property.
(a) For the purpose of the administration and application of subsections (a) and (b), the term "carrier" includes any water carrier subject to this...
- 271g-15 Suspension, Change, and Revocation of Certificates.
Certificates shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any certificate may,...
- 271g-16 Rates, Fares and Charges of Common Carriers by Water.
(a) It shall be the duty of every water carrier of passengers to provide safe and adequate service, equipment, and facilities for the transportation...
- 271g-17 Tariffs of Water Carriers.
(a) Every water carrier shall file with the public utilities commission, and print, and keep open to public inspection, tariffs showing all the rates,...
- 271g-17.5 Issuance of Securities; Execution of Leases.
A water common carrier may, on securing the prior approval of the public utilities commission, and not otherwise, issue stocks and stock certificates, bonds,...
- 271g-18 Accounts, Records, and Reports.
The public utilities commission may require annual, periodical, or special reports from all water carriers, prescribe the manner and form in which the reports...
- 271g-19 Unlawful Operation.
(a) Any person knowingly and wilfully violating any provision of this chapter, or violating any certificate for which violation a penalty is not otherwise...
- 271g-20 Collection of Rates and Charges.
No water carrier shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have...
- 271g-21 Recovery of Overcharges or Undercharges.
(a) All actions by water carriers or common carriers by water for the recovery of their charges, or any part thereof, shall be begun...
- 271g-22 Allowance to Shippers for Transportation Services.
If the shipper of property transported under this chapter, directly or indirectly, renders any service connected with the transportation, or furnishes any instrumentality used...
- 271g-23 Hearings.
(a) All hearings, investigations, and proceedings shall be governed by chapter 91 and by rules of practice and procedure adopted by the public utilities...
- 271g-23.5 Notice of Hearing Required.
(a) Whenever the commission conducts a public hearing on an application for a certificate pursuant to section 271G-10, the commission shall provide reasonable notice...
- 271g-24 Appeals.
From an order of the public utilities commission under this chapter, an appeal shall lie, subject to chapter 602, in the manner provided for...
- 271g-25 Agreement Between Carriers.
(a) For purposes of this section the term "antitrust laws" means any law of the State previously enacted pertaining to unlawful restraints of trade...
Last modified: October 27, 2016