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~ COUNTY OF H~1~JAII - STATE GF HFiIdAI I
ORDINhNCG N0, ~_
REGULATING C01~-llaOP? CARRIERS OF PASSENGERS IN THE CITY OF HILO,
COUNTY OF HAvJAIT_ ,
BE IT ORDAINED BY THE BOARD OF SUPisR~7ISORS OF TIIE COUNTY OF
HAtiJAI I
SECTION 1, Definition, >s 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 transport-
ation on the public highways between such points as may be directed
by the passengers. Ito vehicle shall be deemed a taxi if passengers
are picked up by it an 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 most direct route, after
having discharged a passenger, to the stand where said vehicle is
regularly stationed, tahen empty and hailed by such passenger f-or
that purpose, shall not prevent said vehicle from being classed as
a taxi.
"Public Highways" has the meaning defined by Section 142-:L,
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 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,"
routes between or ever which
or ordinarily operates c'- i'.o
as used herein, shall mean and include
any motor vehicle common carrier usually
td,> itself out as operating any common
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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 ~o determine whether there is a need
for such operation and service; provided, however, any carrier of
passengers who was in operation nn 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 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 tk~ir 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 arty 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 period of thirty
consecutive days or more; provided that f_his 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 Chapter 52 or 159, or of Section 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. 35.
(e) The failure of the rarrier to comply with the provisions
of this Ordinance and any lawful order of- the board,
SECTION 4. sates, routes. standards of safety and insurancF.
The board by order shall fi.x, prescribe and establish routes,
schedules, rates, standards of safety, and insurance requirements
as hereinafter set forth, nll 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, ccmplaint or the
board's own motion, may be changed, amended or altered. (See
Section 160-141, Revised Laws of Hawaii 1955.)
All rates, fares, and charges made or charged by any carrier
or by two or more carriers jointly shall l,,e just: and reasonable.
2, -
All schedules and routes shall be established i.n accordance with
the public convenience and necessity, 111 standards of ;safety shall
accord with best practices for the safety of the public, No common
carrier shall operate and use the put~lic highways until :it shall
have filed a bond or 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 104-20 of the i`2evised Laws of
Hawaii 1955,
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 (10) days prior to the date of
hearing so noticed, and the second at least two (2) days prior to
said hearing,
SECTION 5~ R les, 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 exerr_ise its own
discretion in such matters with a view to doing substantial justice,
SECTION 6, Notice of hearing<-. '.:?henever any hearing is
conducted by the board, reasonable notice; in writing of 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 plane fixed by the board for
beginning the hearing stall be served upon the carrier and the
complainant, if any, not '_ess than two ?•..=eels prior to the date
assigned for the hearing
SECTIOIQ 7. Penalty, iniunction, ,'tny carrier. violating the
provisions of this Ordinar.cF shsl'_ be fired not more than Five
Hundred Dollars (:h500,OC) and :ray be enjoined by the circuit court
from carrying on its business ~;hi:'.e sue':: violation continues.
SEC TIOid B. t1nr~%als, .%':ny carri.er oah~ 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 or revocation
to the circuit judge of tk.e Third Circuit, at chambers, by filing
his petition in such court within ttiaenty days of the date of the
order or decision appealed from, provided, however, that t:he 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 Hawaii Rules of Civil Procedure,
SECTIOD? 9, lpplication of other laoa<•e i carrier as defined
in this Ordinance shall not be deemed a public utility within the
meanings of Chapters 91, 104, 105, and 126 of the Revised Laws of
Hawaii 1955, and none of the provisions of said Chapters 91, 104,
105, and 126 of the Revised Laws of Hawaii. 1955, shall apply to
carriers regulated under this Ordinance except as specifically
provided otherwise,
SECTION 10. Severability clause, Nctwithstanding 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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