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HomeMy WebLinkAboutORD 1948-059COUNTY OF HAWAII = -TERRITORY OF HA1,111AII ORDINANCE NO* ESTABLISHING A TRANSPORTATION- COMPLOL CO14ITTEE FOR THE CITY OF HILO -i AND FOR THE REGULATION OF,C010JON CARRIER'S OF'' PASSENGERS IN THE CITY OF-HILO., COUNTY OF-HAVIATIS BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAITTAII, Section 1. Definition * As used in this Ordinance., the followin words shall Piave .the following meanings unless otherwise indicated 0 by the context, "City of Hilo" means that area within boundaries as defined by Section 6351, Revised 1,aws of Hawaii 1945, "County" means the County of Hawaii, "Committee" means the transportation control comnilittee established by this Ordinance, "Taxi"', means any vehicle designed to carry passengers, operating for hire solely on, call or demand from a fixed stand and accepting. passengers with or without baggage $ for the transportation on the public highways betwe-en. such points as may be directed by the passengers,, T-I.,,T,o vehicle shall be deemed a taxi if passengers are picked up by it on a public highway on the route of a carrier certificated by the conunittee , except that the picking up of a passenger by a vehicle returning by the most direct route., after having discharged a -passenger,, to the stand where said vehicle is regularly stationed, when empty and hailed by such passenger for that purpose,, shall not prevent said:,vehicle from being classed as a taxi, I "Public Highways" has the meaning defined by Section 6111,, Z -s but operation including both terrilorial and county highway U upon rails shall. not be deemed transportation on the public highways. "Carrier" means' a motor vehicle common carrier and/or a common carrier motor vehicle as defined herein of passengers., operating upon and using the public highways& (a) The t-erm. "motor vehicle common carrier," as used herein, shall mean and include every person, individual, corporation, joint stock company, firm., association, lessee trusteeJf receiver or trustee appointed by-_ any court, who or vahich shall own, control, operate or manage any motor vehicle ' operated in the transportation of passengers for compensation over any public street or highway over established general routes., within the City of Hilo, (b) The term "cormuon carrier motor vehicle.." as used herein, shall mean and include any automobile, truck., J1. File------- M. B. Nol F E B F E 8 1 9 -1949 Date. motor bus., or any other self-propelled vehicle, or any trailer drawn by such vehicle (but not a vehicle operating upon fixed rails) operated or used in the transportation of passengers for compensation over any public street or highway -over established general routes, within the City of Hilo. (c) The word "routes"' as used herein, shall mean and include routes between or over which any motor vehicle common -carrier usually or ordinarily operates or holds * itself out as operating any common carrier motor vehicle irrespective of any periodic or irregular departure from. such points or routes* Section 2. Transportation Control Co=-ittee. There is hereby established a transportation control committee for the County of Hawaii,, consisting of five members, three of whom shall constitute a quor-uxa and the concurrence of three members shall be necessary to take action. 11 -Phe menfoers shall be appointed by the chairman and executive officer of the Board of Supervisors of the County of Hawaii, with the approval of the Board of Supervisors of said County, to serve for terms of three years, or until their successors are appointed and qualified; provided however,, that of the first members appointed under_theprovisions of this Ordinance, one shall be appointed for a term expiring-' January 1. 1949, two for a term expiring January 1, 19511 and two for a tern expiring January 1, 1952, No person having directly or indirectly any interest in, or deriving any remuneration from the transportation, automobile, tire, or insurance business shall be appointed to or employed by the committee, Any vacancy in the membership of the con u.it tee shall be fIlled by app ointraent f or the remainder of the un- expired term. The chairman and executive officer of the 135oard of Supervisors., shall name one of the members to act as chairnian of the committee. The members of the committee shall serve without compensa- tion. erection 3. Employnient of leEal, clerical and other assistants. Subject to the applicable provisions of chapters 2 and 3 of the F-ILevised Laws of Hawaii 1945, as amended, the commit tee shall have power to appoint and employ and remove such clerks,, stenographers agents and - other assistants, as may be necessary, and to define their powers and duties,-, The county attorney and his deputies shall act as attorneys of the committee, Section, 4. Functions of committee, The ittee shall have f the general supervision hereinafter set forth over all common carriers of passengers operating upon and using the public highway's of Milo, County of Hawaii, and shall perform the duties and exercise the powers imposed or conferred. upon it by this Ordinance, Section 5. Certificates of public convenience and necessity, It is declared unlawful for any common carrier of passengers operating upon and using the public highways of the County of Hawaii to furnish such service without first obtaining from the corn-mittee a certificate declaring that public convenience and necessity require such operation and service. The committee shall have power and it shall be its duty after public hearing to issue such cer t if icate as prayed for or to refuse to issue the same, or, at the tJ- of issuance thereof and. from time to tirae thereafter, to issue it for the partia 1, exercise only of the privilege sought and may from time to.tlr1e, attach to the exercise of the rights granted by such certificate such terms and conditions as in its judgment the public convenience and necessity mai, require including, without limiting the genera lith. of the foregoing, terms and conditions as to schedules and as to the extension of the route or routes of the carrier* provided, 'h.owever, that the business of any carrier which presents evidence of bora fide operation on 0 e RM.O��^ and has been continuously in operation since said date shall be presumed to be -necessary to public 'convenience and necessity. No such certificate shall be issued for a term of more than eight years, The committee may after hearing suspend, alter, arnend or revoke any certificate issued. Said carriers shall operate and furnish service in strict conformity with Che current existing terra's and provisions of their respective certificates of convenience and necessity-, except in cases of emergent to be ' defined by rul✓s laid down by the committee. Section 6. Revocation of certificates. Any certificate of a 1"7 carrier issued under the provisions of this Ordinance may be suspended or revoked 'only for the-follow"ing causes, or any of them, ( a ) The failure of the carrier to comply with the terms and conditions of its 'certificate. (b) The discontinuance by the carrier of the business 'of tran s- port ing'passengers as a common carrier of passengers operating upon and using the public highways fox a perl'od of thirty consecutive days or more; provided that tuns provision shall not prevent the committee from alterino- or amending any certificate by reducing the service required thereunder when -the discontinuance of such business relates only to one or more but less than all of the vehides operated by such carrierO (c) The conviction of any driver of a vehicle operated. by a certificated carrier of the charge of driving whiffle intoxicated or under the influence of intoxicating liquor or of violating any of the provisions of Chapters 4,9 or 137., or of Section 11674, of the Re' vis ed. Laws of Hawaii 1945, Section 7. Rates, routes standards of saf,etyand insurance, The committee by order shall have the power to fix, prescribe and establish routes., schedules., rates'. standards of safety, and insurance requirements as hereinafter set forth. All such matters shall be determined as to each carrier upon the hearing in connection with the original application for certificate of convenience and necessity, and thereafter, of a hearing., upon application., complaint or the cornraitteels own motion, may be changed, amended or altered, (See Section 7429., devised Laws of Hawaii 1945,,) All Tates, fares... and charges made or charged by any carrier or by two or more carriers jointly shall be just and reasonable. All schedules and routes shall be established inaccordancewith the public convenience and necessity. All standards of safetv shall accord with best practices for the safety of the public. No cmaunon carrier shall operate and use the public highways until it shall have filed a bond on 4:�_ 9 Z ti r or policy of insurance or other contract in writing with the committee under the same conditions as are provided for common carriers under the control of the Public Utilities Co -minis s ion - as set forth in Section- 4720 of the Revised Lars of Hawaii 1945. No hearing shall be held regarding matters covered by this section except after published notice, that is, notice by publication in a daily newspaper, of general circulation in the County for two days (either including or excluding, Sundays) the first of such publ icat ions to be at least ten (10) days prior to the date of hearing so noticed, and the second at least two (2) days prior to said hearing, Section pules . The commit tee nay make and. amend rules not inconsistent with law respecting the procedure before it and shall not be bound by the strict rules of the coimnon law relating to the admission or rejection of evidence but may exercise its own discretion in such matters with a view -o doing substantial justice. Section 9. Counsel. At any proceeding before the committee, the carrier concerned and any complainant shall have tie 'right to be present and represented by counsel, to present any evidence desired and to cross-examine any witnesses who may be called. Se ction to . Notice of'hear 7s. Whenever any hearing is conducted by the -- committee, reasonable notice in writing of such fact and of the subject or subjects to be considered shall -be given to the carri concerned together with a copy of the complaint , if any, and a noti ce in writing of the date and place fixed by the committee for beginning the hearing shall be served upon t11e carrier. and the complainant, if any, not less than two weeks prior to -the date assigned :L or the hearing . Section 11. Attendance of witnesses ,etc. In all proceedings before the committee, it shall have the same powers with respect to the matters within its jurisdiction, and the same provisions shall apply, as are provided for the Public Utilities Corarnis sion -under Section 4709 of the Revised Laws of Hawaii 1945. , _ 5- i Section 12, Penalty_, Injunction. Any carrier violating or neglecting or failing in any particular to conform to or comply with any Of the,, provisions of this Ordinance or any lawful order of the committee shall forfeit to the County not more than One Thousand Dollars ($1,000,00) for every violation,, neglect or failure., to be recovered by action brought in the name of the County by the conunittee., and may be enjoined by the circuit court from carrying on its business while such violation.., neglect. or failure continues. Section 13. Perjury. Any person who shall wilfully and knowingly make under oath any false statement in connection with any proceeding before the committee shall be guilty of perjury and, upon conviction, shall be subject to the penalty prescribed by law for such offense. Section 14.. Finance, All salaries and wages of employees and all expenses of the committee incurred in the performance or exercise of the powers or duties conferred or required by this Ordinance,, may be paid out of any appropriations made available for the purpose, -Section 15. Appeals. Any carrier who has been refused a certificate of convenience ence 'and necessity, or whose certificate has been suspended., al"Gered., amended or revoked by the Gormiittoe ,., May appeal from such refusal., suspension, alt Brat ion, amendment or revocation to the circuit judge of the *third, circuit,, at chambers., by filing his petition in such uch court within twenty days of the date of the order or decision appealed from, provided, however., that the appeal shall not operate as a stay to such order or decision.- The aD-Qeal shall be subject to such rules as may be prescribed by the court and the decision of the judge shall be final. Section 16. Application of other laws. A carrier as defined in this Ordinance shall not be deemed a ublic. utility within the p meaning of Chapters 73, 82, 83 and 106 of the I-JLevised' Laws of Hawaii 1945, and none of t -he provisions of said Chapters 73., 82, 83 and 106., of the Revised Laws of Hawai i, shall apply to carriers regulated under this Ordinance except as specifically provided otherwI*se, 6- 'Separability y other section 170 -.Clause. Notwithstanding an evidence of legislative intent, it is hereby declared to be the - controlling legislative intent that if any provision of this Ordinance, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance. and the application of such provision to - persons or-circurristances other than those as to which it is held invalid., shall not be affected thereby. Section 18. Effective date. This Ordinance shall take efl ect I uponits approval; provided., however, that no common carrier of I passengers operating upon the public highways in the County of Hawaii shall be prohibited from furnishing aaservice on such highways V r prior to 13 n by reason of not having obtained oj from the Transportation Control Committee for the County, a certificate of public convenience and necessity; provided, further, that a common carrier of passengers who was in bona fide operation upon a public highway or highways in the County of Hawaii in order to be ent-itled ,to the benefit of the presumption set forth in section 5 of this Ordinance, shall make application for a certificate of -convenience and necessity within thirty days (30) after the approval of this Ordinance and pending the determination of any such application the continuance of such operation shall be lawful Dated at Hilo, Hawaii- this eda of February, 1948, Introduced by: lot 1, 4 supervisor, Representative District. am 7-