HomeMy WebLinkAboutORD 1960-006CCL'NTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. b
ESTABLISHING A TRANSPORTATION CON'PROL COMMITTEE FOR THE CITY
OF HILO AND FOR THE REGULATIOIJ CF COMMON CARRIERS OF PASSENGERS
IN THE CITY OF HILU, COUNTY OF HAWAII.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
HA'vJA I I ;
Section 1. Definition. As used in this Ordinance, the
following words sha 1 "ave the following meanings unless
otherwise indicated by the context;
"City of Hilo" means that area with boundaries as
defined by Section 14~-1, Revised Laws of Hawaii lj;j.
1ECounty" means the County of Hawaii.
"Committee" means the transportation control committee
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 between such points as
may be directed by the passengers. No 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 committee,
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.
"Public Highways'" has the meanine defined by Section 1)}2-1,
including both territorial and county highways, but operation
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 term '"motor vehicle common carrier,'" as used
herein, shall mean and include, every person, individual,
corporation, joint stock company, firn., association, lessee,
trustee, receiver cr trustee appointed by any court, who or
which sha 11 own, control, operate or manage any motor vehicle
operated in the transportation of passengers for compensation
over any public street er highway over established general
routes, within the City of Hilo.
(b) The term '"common carrier motor vehicle", as used
herein, shall mean and include any automobile, truck, motor
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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 hclds itself' out as
operating any common carrier motor vehicle, irrespective of
any periodic or irregular departure from such points or routes.
Section 2. Trans ortation Control Committee. There is
hereby established a ransp~ation conErol-committee for the
County of Hawaii, consisting of seven (7) members, four (11)
of whom shall constitute a quorum and the concurrence of four
(~) members shall be necessary to take action. The members
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 and until their successors are
appointed and qualified; provided, however, that of the first
members who shall be appointed under the provisions of this
ordinance, two shall be present members of the Committee who
were appointed in February ly, lj~ and whose term shall er.pire
in January 1, ly5o, two shall be appointed for a term expiring
January 1, lyj'ff, and three shall be appointed for a term expiring
January- 1, lyjtS. No more than two persons having directly or
indirectly any interest in, or deriving any renumeration from,
the transportation, automobile, tire, or insurance business
shall be appointed to the committee. Any vacancy in the member-
ship of the Committee shall be filled by appointment for the
remainder of the unexpired term. The Chairman and Executive
Officer of the Board of Supervisors, shall name one of the
members to act as Chairman cf the Committee for a year. The
members of the Committee shall serve without compensation.
Section 5. Em l,~oyment of le_~al, clerical and other
assistants. Subjec to he app rca e provisions o ap ors
and of the Revised Laws of Hawaii lyj~, the Chairman and
Executive Officer of the County of Hawaii, with the approval
oS' the Board of Supervisors of said County, shall appoint and
remove such clerks, stenographers, agents and other assistants,
as may be necessary, for the carrying out of the purposes cf
this ordinance.
Section i}. Functions of Committee. The Committee shall
have the general supervision hereinafter set forth over all
common carriers of passengers operating upon and using the
public highways of the County of Hawaii, and shall perform
the duties and exercise the powers imposed or conferred upon
it by this Grdinance.
Section j. Certificates of ~ub~li~c_convenience and
necessity_ It is declareded u Twi'puT-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
frorn the committee 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 certificate as prayed for or to refuse to issue
the same, or, at the tine of issuance thereof and from tune to
time thereafter, to issue it for tlrc :urtia exercise only of
the privilege sought and may i'ro;n time to time, attach to the
exercise of the rights granted by such certificate such terms
and conditions as in its judgment the public convenience and
necessity may require including, without limiting the generality
of the foregoing, terms and conditions as to schedules and as
to the extension of the route or routes of the carrier; provided,
however, that the business of any carrier which presents evidence
of bona fide operation on December `'1, 1~!~'7, 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 cr revoke
any certificate issued. Said carriers shall operate and furnish
service in strict conformity with the current existing terms
and provisions of their respective certificates of convenience
and necessity, except in cases of emergency to be defined by
rules laid down by the committee.
Section ~. Revocation of certificates. Any certificate
of a carrier issued under the provisions of this Ordinance may
be suspended or revoked only for the fcllowir.g 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 transporting passengers as a common carrier of passengers
operating upon and using the public highways for a perio;' of
thirty consecutive days or more; provided that this provision
shall not prevent the committee from altering 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 vehicles operated by such carrier.
(c) The conviction of any driver of a vehicle operated
by a certificated carrier of the charge of driving while
intoxicated or under the influence of intoxicating liquor or of
violating any of the provisions of Chapters j2 or ljy, or of
Section jdy-2v of the Revised Laws of Hawaii 19jj.
(d) The wilful refusal of the owner of a bus to pay for
use of parking area in I~looheau Park as provided in Ordinance
_ of the Revised Ordinance of 1`~~0 ~, County of
Hawaii.
(e) The failure of the carrier to cornply with the
provisions of Ordinance _~ of the Revised Ordinance of
1960 of the County of Hawaii and as amended, and any lawful
order of the committee.
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Section (. RatesLroutes, standards of safety. and
insurance. The committee by order shall av~-e-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, after
a hearing, upon application, complaint or the committees own
motion, may be changed, amended or altered.
(See Section 1u0-1~}1, Revised Laws of Hawaii ly5j.)
All rates, 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
in accordance with the public convenience and necessity. All
standards 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 shall have filed a bond 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 Commission
as set forth in Section 101i-20 cf the Revised Laws of Hawaii
ly5j.
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 publications to be at least ten (1J) days
prior to the date of hearing so noticed, and the second at
least twc (2) days prior to said hearing.
Section 8. Rules. The ecmmittee may make and amend rules
not inconsistent with law respecting the procedure before it
and shall not be bound by the strict rules of the common law
relating to the admission or rejection of evidence but may
exercise its own discretion in such matters with a view to
doing substantial justice.
Section Counsel. At any proceeding before the committee,
the carrier concerned and any complainant shall have the right
to be present and represented by counsel, to present any evidence
desired and to cross-examine any witnesses who may be called.
Section 10. Notice of hearings. Whenever any hearing is
conducted by the committee, reasonable notice in writing of
such fact and cf the subject or subjects 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 committee for beginning the hearing shall
be served upon the carrier and the complainant, if any, not
less than two weeks prior to the date assigned for the hearing.
Section 11. Attendence 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 previsions shall apply, as are provided for the Public
Utilities Commission under Section 10i1-y of the Revised Laws
of Hawaii ly~~j. /
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Section 12. Penalt~r, In~)'_u_nction. 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 llollars ($1,x00.00) for every vitiation,
neglect or failure, to be recovered by action brought in the
name of the County by the committee, and may be enjoined by
the circuit court from carrying on its business while such
violation, neglect or failure continues.
Section 1?. Perju~• 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 far such offense.
Section ly. Fi_nance. Ail salaries and wages of employees
and all expenses of the committee incurred in the performance
or exercise of the powers ar 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 and necessity, or whose certificate
has been suspended, altered, amended or revoked by the committee,
may appeal from such refusal, suspension, alteration, amendment
or revocation to the circuit judge of the third circuit, at
chambers, by filing his petition in such 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 appeal shall be subject to such rules
as may be prescribed by the court and the decision of the judge
shall be final.
Section lv. Application of other laws. A carrier as
defined in this Ordinance shall-no~~~deemed a public utility
within the meanings of Chapters yl, lOLI, 105 and 120 of the
Revised Laws of Hawaii 1y55, and none of the previsions of
said Chapters ~1, 10!x, 105 and 120 of the Revised Laws of
Hawaii, shall apply to carriers regulated under this Ordinance
except as specifically provided otherwise.
Section 1(. Separabili_t~Clause. Notwithstanding any
other 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 circumstances other than those as to which it is held invalid,
shall not be affected thereby.
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