Chapter 18 Public Transportation

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P UBLIC T RANSPORTATION § 18-9 (b) Any rate, fare, and charge made or charged by any carrier or by two or more carriers jointly shall be just and reasonable. Any schedule and route shall be established in accordance with the public convenience and necessity. Any standard of safety shall accord with best practices for the safety of the public. No common carrier shall operate and use the public highways until it has filed a bond or policy of insurance or other contract in writing with the commission under the same conditions as are required for common carriers under the control of the public utilities commission, except that in the case of taxicabs, the insurance requirement shall be as set forth in article 2 of this chapter. (c) No hearing shall be held regarding any matter covered by this section except after published notice, that is, notice by publication in a daily newspaper of general circulation in the County in accordance with the requirements of chapter 91, Hawai‘i Revised Statutes. (1983 CC, c 18, art 1, sec 18-9; am 1979, ord 464, sec 3; am 1990, ord 90-119, sec 3.)18-9 Section 18-10. Rules; procedure and evidence. The commission may make and amend rules not inconsistent with law respecting the procedure before it and shall not be bound by the strict rules of evidence but may exercise its own discretion in those matters with a view to doing substantial justice. (1983 CC, c 18, art 1, sec 18-10.)18-10 Section 18-11. Notice of hearing. Whenever any hearing is conducted by the commission, reasonable notice in writing of the hearing and of any subject to be considered shall be given to the carrier concerned, together with a copy of the complaint, if any, and a notice in writing of the date and place fixed by the commission for beginning the hearing shall be served upon the carrier and the complainant, if any, by registered or certified mail with return receipt requested at least fifteen days before the hearing. (1983 CC, c 18, art 1, sec 18-11; am 1979, ord 464, sec 4.)18-11 Section 18-12. Penalty; injunction. Any carrier violating this division shall be fined not more than $500 and may be enjoined by the circuit court from carrying on its business while the violation continues. (1983 CC, c 18, art 1, sec 18-12.)18-12 Section 18-13. Appeals. Any carrier who has been refused a certificate of convenience and necessity or whose certificate has been suspended, altered, amended, or revoked by the commission, may appeal from the refusal, suspension, alteration, amendment, or revocation to the circuit judge of the third circuit, at chambers, by filing a petition in the court within twenty days of the date of the order or decision appealed from; provided that the appeal shall not operate as a stay to the order or decision of the commission. The appeal shall be subject to the rules prescribed by the court and the Hawai‘i Rules of Civil Procedure. (1983 CC, c 18, art 1, sec 18-13.)18-13 18-5