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Home My WebLink AboutORD 1970-371BILL Tv'0. 722 (Revised) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~~-Z REGIJLATISdG COP'II`iON CARRIERS OF PASSENGERS IPd THE COUNTY OF' HAWAII AND CREATING A COUNTY TRANSPORTATION COMMISSION. RE PP ORDAINED BY THI: COtITdC IL OF THE COUNTY OF HAGJA I I: SECTION 1. Definition. As used in this Ordinance, tlxe followin€; words shall have the Ioliowing meaxaings unless otherwise indicated by the context: "City of Hilo" mea;is tpial; area with boundaries as defined by Sect; ion 6~+-l , Havaaii Revised Statut;es;. "County" mear_s the County of Hawaii. "Commission" means the County Transportation Commission. "Public Highrorays" has the meaning defined by Section 264-1, HRS, including both state and counr,y highways, but operation upon rails shall not be deemed transportation on the public highways. "Carrier" shall mean ar-~d include every person, individual, corporation, joint stock companies, £irm, association, lessee, trustee, receiver or trustee appointed by any court who or which Shall own, co.nt.rol, operate or manage passenger-carrying mo,or~vehicle operated in the transportation of sampan buses, taxis and any other vehicles exempted by the Public Utilities Commission over any public street; or t~ighwa;r within the County of Hawaii. SECTIOSv ?. County Transportation Commission. Number o` appointment of commissioners. There shall be a County Transportation Commission. of nine (9) members, one (1) for each counci]_ district and three (3) at,-large, with alternating two-;rear terms to be called "commissioners" and who shall. be appointed by the r:ayor with the approval of the Council anal may be removed by the Mayor with the approval of the Council. SECTION 3. Administration. The Director of Finance st:alY be the chief administrator anal he may assign suc}: clerks,, stenographers, agents and other assistants from the Department of Finance for the County Transportation Commission. as may be necessary and define their powers and duties. SECTION 4. General Powers and Duties. The County Transportation Commission sYiall have the general supervision hereinafter. set forth over said carriers and shall. perform the duties and exercise the powers imposed or conferred upon it by this Ordinance. SECTION j. Certificates of Public Convenience and Necessity. It is declared unlawful for any carrier operating upon and using; the public highways of t}ie Co~urty of F}awaii. to furnish such service without first obtaining from the Com*n_ssion a certificate declaring that public convenience and necessity rewire suci. operation and ser:~vice. Before issuinE; any certificate the Commission. shall poll a l>ubl.ic hearing to determine whether there is a need for such operation and service; provided, however, an~~ carrier who was in operation on December 31, 1~~W?, and Yeas been conti.m~ously in operation since that date snail be presumed to be engaged in an operation twat is necessary to public convenience and necessity. No certificate shall be issued for a term of more than eight (Sl years. The Commission., after hearing, may suspend, alter, amend or revoke any certificate issued. Carriers shall operate and furnish. service irr strict conformity with the terms and provisions of their respective certificate of convenience anal. necessity, - ~ - except in cases of emergency to be defined by rules laid down by the Commission. SECTION 6. 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 using the public highways for a period of thirty (30) consecutive days or more; provided that this provision shall not prevent the Commission 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 329 or 281, or of Section 768-53 of the Hawaii Revised Statutes. (d) The wilful refusal of the owner of a bus to pay for use of parking areas in the bus terminal as provided in Ordinance No. 35. (e) The failure of the carrier to comply with the provisions of this Ordinance and any lawful order of the Commission. SECTION 7. Rates, Routes, Standards of Safety and Insurance. The Commission by order shall fix, prescribe and -3- 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 Commission's own motion, may be changed, amended or altered. (See Chapter 288, Hawaii Revised Statutes.) 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 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 Commission under the same conditions as are provided for common carriers under the control of the Public Utilities Commission as set forth in Section 269-21 of the Hawaii Revised Statutes. 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 (2) 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 8. Rules. 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 the -4 - 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 9. Notice of Hearings. Whenever any hearing is conducted by the Commission, 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 place fixed by the Commission for beginning the hearing shall be served upon the carrier and the complainant, if any, not less than two (2) weeks prior to the date assigned for the hearing. SECTION 10. Penalty, Injunction. Any carrier violating the provisions of this Ordinance shall be fined not more than Five Hundred Dollars ($500.00) and may be enjoined by the circuit court from carrying on its business while such violation continues. SECTION 11. 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 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 (20) 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 Hawaii Rules of Civil Procedure. -5- SECTION 12. Severability 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 there by. INTRODUCED BY: / `~Jf~~-L ~ ~7 e` e Councilman, Count~f Hawaii Hilo, Hawaii Date of Introduction: January 27, 1971 Date of Adoption: February 10, 1971 -6- Hilo, Hawaii Date: January 27. 1971 FIRST READING AYES NOES A/E Car enter X De Luz X Edwards X Greenwel I X Hisaoka X Souza X Yadao X Yamada X Chr Matayoshi X 7 1 1 Publication Date: Februar~r 3. 1971 Hilo, Hawaii Date: February 10, 1971 SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X Edwards X Greenwell X Hisaoka X Souza X Yadao X Yamada X Chr Matayoshi X 7 2 0 Publication Date: Fehrugr~ 95~ 1971 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~~ XL~ Appzroved/Diad-this day of c~ ~~-u_~~/ 1 v ~ ~ . '~ tC'l i~C~2~ -~Z 22'L t~~ Mayor, County of Hawaii Council Chairman __"_.~,r..~' County Clerk Bill No 722 Reference• C-957.3/PEDLC-47 M. B. No- IC° ; IG'~~'~ry Ord. No a~ / 1