HomeMy WebLinkAboutORD 1965-307BILL NO. 'fig
COUIQTY OF HA'vIAII - STATE Or HAWAII
ORDIIQANCE NO. 307
REGULATING COIuIMOIQ CARRIERS OF PASSENGERS IN THE CITY OF H1LO,
COUNTY OF HA'a~tAII.
BE IT ORDAINED BY THE BOARD OF SUl'ERUISORS OF THE COUNTY OF
HAWAII:
SECTION 1. Definition. As used in this Ordinance, the
following words shall have the following meanings unless
,. otherwise indicated by the context:
"City of Hilo" means that area with boundaries as
defined by Section 146-1, Revised Laws of Hawaii 1955•
"County" means the County of Hawaii.
"Board" means the Board of Supervisors.
"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 board, except
that the picking up of a passenger by a vehicle returning
by the mcst 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 r,lassed as a taxi.
"Public Highways" has the meaning defined by Section 1f~2-1,
including both state 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, firm, association, lessee,
trustee, receiver or trustee appointed by any court, who or
which 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 "common carrier motor vehicle," as used
herein, shall mean and include any automobile, truck, 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 ir, the transportation of passengers
for compensation over any public street or highway over
established general routes, within the City of Hilo.
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(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. 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 board a certificate declaring that public
convenience and necessity require such operation and service.
Before issuing any certificate the board shall hold a public
hearing to determine whether there is a need for such operation
and service; previded, however, any carrier of passengers who
was in operation on December 31, 1j1+7, and has been continuously
in operation since said date shall be presumed to be engaged
in an operation that is necessary to public convenience and
necessity. No certificate shall be issued for a term of more
than eight years. The board may after hearing suspend, alter,
amend or revoke any certificate issued. Carriers shall
operate and furnish service in strict conformity with the,
terms and provisions of their respective certificate of
convenience and necessity, except in cases of emergency to
be defined by rules laid down by the board.
SECTION 3. Revocation of certificates. Any certificate
of a carrier issued under the provisions of this Ordinance. may
be suspended or revoked only for the following 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 usinc, the public highways for a period of
thirty consecutive days or more; provided that this provision
shall not prevent the board 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 oi' intoxicating liquor or of
violating any of the provisions of Chapters 52 or 159, or of
Secticn 309-26 of the Revised Laws of Hawaii 1955,
(d) The wilful refusal of the owner of a bus to pay for
use of parking area in the bus terminal as provided in
Ordinance No. 306 of the Revised Ordinances of 196ii ,
County of Hawaii.
(e) The i'ailure of the carrier to comply with the
provisions of this Grdinance and any lawful order of the
board.
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(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. 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 board a certificate declaring that public
convenience and necessity require such operation and service.
Before issuing any certificate the board shall hold a public
hearing to determine whether there is a need for such operation
and service; provided, however, any carrier of passengers who
was in operation on December 31, 1947, and has been continuously
in operation since said date shall be presumed to be engaged
in an operation that is necessary to public convenience and
necessity. No certificate shall be issued f'or a term of more
than eight years. The board may after hearing suspend, alter,
amend or revoke any certificate issued. Carriers shall
operate and furnish service in strict conformity with the
terms and provisions of their respective certificate oi'
convenience and necessity, except in cases of emergency to
be defined by rules laid down by the board.
SECTION 3. Revocation of certificates. Any certificate
of a carrier issued under the provisions of this Ordinance may
be suspended or revoked only for the following 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 passenaers
operating upon and using the public highways for a period of
thirty consecutive days or more; provided that this provision
shall not prevent the board 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 52 or 159, or of
Secticn 309-26 of the Revised Laws of Hawaii 1955,
(d) The wilful refusal of the owner of a bus to pay for
use of parking area in the bus terminal as provided in
Ordinance No. 306 of the Revised Grdinances of ly6U
County of Hawaii.
(e} The failure of the carrier to comply with the
provisions of this Grdinance and any lawful order of the
board.
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SECTION ZY. Rates, routes, standards of safety and
insurance. The board by order shall fix, prescribe and
es a~>lish~ 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 boards
own motion, may be changed, amended or altered.
(See Section 160-1~1, Revised Laws of }iawaii 1955•)
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 ~>r
policy of insurance or other contract in writing with the
board under the same conditions as are provided for common
carriers under the control of the Public Utilities Commission
as set forth in section 10y-20 of the Revised Laws of Hawaii
1955.
No hearing shall be held regarding rnatte.rs 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 (10) days prior to the date of hearing so noticed, and
the second at least t~.!o (2) days prior to said hearing.
SECTION 5. Rules. The board 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 6. Notice of hearings. 4Jhenever any hearing
is conducted by the board, reasonable noticz in writing c'
such fact and of 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 board 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 7. Penalty, iniunction. Any carrier violating
the provisions of this Ordinance shall be fined not more than
rive Hundred Dollars ($500.00) and may be enjoined by the
circuit court from carrying on its business while such
violation continues.
SECTION f). 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 board,
may appeal from such refusal, suspension, alteration, amendment
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or revocation to the circuit judge of the third circuit, at
chambers, by filing zis 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
]~awaii Rules of Civil Procedure.
SECTION 9. AA1 plication of other laws, A carrier as
defined in this Ordinance shall not be deemed a public
utility within the meanings o£ Chapters 91, 10~, 105 and 126
of the Revised Laws of llawaii 1955, a:nd none of the provisions
of said Chapters 91, 101, 105 and 126 of the Revised Laws o:f
Hawaii 1955, shall apply to carriers regulated under this
Ordinance except as specifically provided otherw°i se.
SECTION 10, Separability 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 thar: those as to which it is held
invalid, shall not be affected thereby.
SECTION 11, Continuity of rules= regulations and orders,
All rules, regulations and orders heretofore promulgated by
the Transportation Control Committee pursuar,,t to the provisions
of County of Hawaii Ordinance No, 6 are hereby adopted in
toto as the rules, regulations and orders of the board and
shall continue in force until modified or repealed.
SECTION 12. Re,neal, County of Hawaii Ordinance No, 6
is hereby repealed,
SECTION 13, Effective date. This Ordinance shall take
effect upon its approval,
Hilo, Hawaii
INTRGllUCED BY:
r )
Sul- >ervi or, 2nd Senatorial
District
Date of Introduction; March 3, 196~i
Date of First Reading: March 24, 19f55
Date of Adoption; April 7, 1965
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hE:
MEETING OF: March 24, 1965
ACTION: Recoffiends adoption of the bill for First reading,
bFFICE INFORMATION ONLY
I RED Hill 340/PWC-6
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%Y=a: Supervisors Greenwell, Hisaoka, Jitchaku,
Matayoshi, Thompson, Yadao and
Chairman Kimura - 7.
p, ):. ';, None.
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ORDINANCE NO. 307
(Bill No. 338 - 1965)
REGULATING COMMON CARRIERS OF PASSENGERS IN THE CITY OF
HILO, COUNTY OF HAWAII.
This Bill abolishes the Transportation Control
Committee and retains the control over common carriers
of passengers under the Board of Supervisors.
Date Introduced: March 3, 1965 - Date Approved:
March 24, 1965 - Date Effective: April. 7, 1965
Copies of the foregoing Ordinance, in full, are on
file in the Office of the County Clerk for use and
examination by the public.
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`/OUNTY CLERK \\\
COUNTY OF HA4~II