Bill Text: HI HB901 | 2017 | Regular Session | Introduced
Bill Title: Relating To Motor Carriers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-17 - Re-referred to FIN, referral sheet 22 [HB901 Detail]
Download: Hawaii-2017-HB901-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
901 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to motor carriers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 271, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§271-A Tariffs of common carriers by motor vehicles. (a) Every common carrier by motor vehicle shall file with the commission a tariff showing all the services being offered by the common carrier by motor vehicle and the rates, fares, and charges associated with the services being offered.
(b) Every common carrier by motor vehicle shall file with the commission:
(1) The schedules containing the rates, fares, and charges for any service rendered in the transportation of passengers or property; and
(2) The regulations and practices in connection with the rates, fares, and charges.
§271-B Tariff requirements; complaints. (a) Every contract carrier by motor vehicle shall file a tariff with the commission as required in section 271-A and shall publish and make the tariff available for public inspection with the information required by section 271-A.
(b) Upon receipt of a complaint of an interested person, the commission may, after giving reasonable notice, suspend any change in a tariff or any new tariff for a period not to exceed thirty days and, if the complaint is validated, commence a hearing on the complaint.
(c) The complaint shall be in writing stating the facts complained of and the reasons for the complaint as they relate to the:
(1) Provision of safe and adequate service, equipment, and facilities; and
(2) Provision of just and reasonable rates, fares, and charges."
SECTION 2. Section 271-4, Hawaii Revised Statutes, is amended by amending the definition of "rates" in paragraph (10) to read as follows:
"(10) "Rates" includes rates, fares,
tolls, rentals, and charges of whatever kind and nature unless the context
indicates otherwise[.] for the transportation by motor vehicle of
passengers; provided that where transportation is part of an arrangement made
with a tour packager or event organizer and the contract rate includes the
provision of transportation, "rates" includes only the charges for the
provision of transportation."
SECTION 3. Section 271-20, Hawaii Revised Statutes, is repealed.
["§271-20 Rates, fares and charges
of common carriers by motor vehicle. (a) It shall be the duty of
every common carrier of passengers by motor carrier to provide safe and
adequate service, equipment, and facilities for the transportation of
passengers and to establish, observe, and enforce just and reasonable rates,
fares, and charges, and just and reasonable regulations and practices relating
thereto, and to the issuance, form, and substance of tickets, the carrying of
personal, sample, and excess baggage, the facilities for transportation, and
all other matters relating to or connected with the transportation of
passengers.
(b) It shall be the duty of every common
carrier of property by motor vehicle to provide safe and adequate service,
equipment, and facilities for the transportation of property and to establish,
observe, and enforce just and reasonable rates, charges, and classifications,
and just and reasonable regulations and practices relating thereto, and to the
manner and method of presenting, marking, packing, and delivering property for
transportation, the facilities for transportation, and all other matters
relating to or connected with the transportation of property.
(c) All charges made for any service
rendered by any common carrier by motor vehicle in the transportation of
passengers or property or in connection therewith shall be just and reasonable,
and every unjust and unreasonable charge for such service or any part thereof,
is prohibited and declared to be unlawful. It shall be unlawful for any common
carrier by motor vehicle to make, give, or cause any undue or unreasonable
preference or advantage to any particular person, locality, region, district,
island, or description of traffic, in any respect whatsoever; or to subject any
particular person, locality, region, district, island, or description of
traffic to any unjust discrimination or undue or unreasonable prejudice or
disadvantage in any respect whatsoever; provided that this subsection shall not
be construed to apply to discrimination, prejudice, or disadvantage to the
traffic of any other carrier of whatever description.
(d) Any person, organization, or body
politic may make complaint in writing to the public utilities commission that
any such rate, fare, charge, classification, rule, regulation, or practice, in
effect or proposed to be put into effect, is or will be in violation of this
section or of section 271-21. Whenever, after hearing, upon complaint or an
investigation of its own initiative, the commission shall be of the opinion
that any individual rate, fare, or charge, demanded, charged, or collected by
any common carrier or carriers by motor vehicle for transportation, or any
classification, rule, regulation, or practice whatsoever of the carrier or
carriers, affecting such rate, fare, or charge or the value of the service
thereunder, is or will be unjust or unreasonable, or unjustly discriminatory or
unduly preferential or unduly prejudicial, it shall determine and prescribe the
lawful rate, fare, or charge or the maximum or minimum or maximum and minimum
rate, fare, or charge thereafter to be observed, or the lawful classification,
rule, regulation, or practice thereafter to be made effective.
(e) Whenever there is filed with the
commission any schedule stating a new rate, fare, charge, or classification for
the transportation of passengers or property by a common carrier or carriers by
motor vehicle, or any rule, regulation, or practice affecting such rate, fare,
or charge, or the value of the service thereunder, the commission may upon
complaint of any interested person or upon its own initiative at once and, if
it so orders, without answer or other formal pleading by the interested carrier
or carriers, but upon reasonable notice, enter upon a hearing concerning the
lawfulness of the rate, fare, or charge, or the rule, regulation, or practice,
and pending the hearing and the decision thereon the commission, by filing the
schedule and delivering to the carrier or carriers affected thereby a statement
in writing of its reasons for such suspension, may from time to time suspend
the operation of the schedule and defer the use of the rate, fare, or charge,
or the rule, regulation, or practice, but not for a longer period than five
months beyond the time when it would otherwise go into effect, and after
hearing, whether completed before or after the rate, fare, charge,
classification, rule, regulation, or practice goes into effect, the commission
may make such order with reference thereto as would be proper in a proceeding
instituted after it had become effective. If the proceeding has not been
concluded and an order made within the period of suspension, the proposed changed
rate, fare, or charge, or classification, rule, regulation, or practice, shall
go into effect at the end of such period; provided that this subsection shall
not apply to any initial schedule or schedules filed by any carrier in bona
fide operation when this section takes effect. At any hearing involving a
change in a rate, fare, charge, or classification, or in a rule, regulation, or
practice, the burden of proof shall be upon the carrier to show that the
proposed changed rate, fare, charge, classification, rule, regulation, or
practice, is just and reasonable.
(f) In any proceeding to determine the
justness or reasonableness of any rate, fare, or charge of any carrier, there
shall not be taken into consideration or allowed as evidence or elements of value
of the property of the carrier, either goodwill, earning power, or the
certificate under which the carrier is operating; and in applying for and
receiving a certificate under this [chapter] any carrier shall be deemed to
have agreed to the provisions of this subsection on its own behalf and on
behalf of all transferees of the certificate.
(g) In the exercise of its power to
prescribe just and reasonable rates, fares, and charges for the transportation
of passengers or property by common carriers by motor vehicle, and
classifications, regulations, and practices relating thereto, the commission
shall give due consideration, among other factors, to the effect of rates upon
the movement of traffic by the carrier or carriers for which the rates are prescribed;
to the need, in the public interest, of adequate and efficient transportation
service by the carriers at the lowest cost consistent with the furnishing of
the service; and to the need of revenues sufficient to enable the carriers,
under honest, economical, and efficient management, to provide the service.
(h) Nothing in this section shall be held
to extinguish any remedy or right of action not inconsistent herewith."]
SECTION 4. Section 271-21, Hawaii Revised Statutes, is repealed.
["§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."]
SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Motor Carriers; Tariffs
Description:
Simplifies the process for filing of tariffs by common carriers by motor vehicle and contract carriers by motor vehicle with the public utilities commission. Requires every contract carrier by motor vehicle to publish the tariff for public inspection. Amends the definition of "rates" to only include the transportation component of an agreement with a tour packager or event organizer when transportation is included in that agreement. Repeals existing provisions relating to tariff filing by common carriers by motor vehicles and contract carriers by motor vehicles.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
