REPORT TITLE:
Motor carriers


DESCRIPTION:
Exempts from the fees and charges of the motor carrier law, those
persons engaged in the transport of school children and teachers
to and from school and school functions, and providing
transportation at special rates for groups and conducting
nonregular excursions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2823
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR CARRIERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 271-5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§271-5 Exemptions, generally.  Notwithstanding any other
 
 4 provisions of this chapter, its contents shall not apply to:
 
 5      (1)  Persons transporting their own property where the
 
 6           transportation is in furtherance of a primary business
 
 7           purpose or enterprise of that person, except where the
 
 8           transportation is undertaken by a motor carrier to
 
 9           evade the regulatory purposes of this chapter;
 
10      (2)  Persons operating motor vehicles when engaged in the
 
11           transportation of school children and teachers to and
 
12           from school, and to and from school functions; provided
 
13           that these persons may engage in providing
 
14           transportation at special rates for groups of persons
 
15           [belonging to an eleemosynary or benevolent
 
16           organization or association domiciled in this State
 
17           where the organization or association sponsors or is
 
18           conducting a nonregular excursion;] and in conducting
 
19           nonregular excursions; provided that whenever the
 
20           persons engage in the transportation of persons [other
 

 
Page 2                                                     2823
                                     H.B. NO.           
                                                        
                                                        

 
 1           than those exempted in this paragraph,] as provided in
 
 2           this paragraph, that portion of their operation shall
 
 3           [not] be exempt from [this chapter.] section 271-36.
 
 4           Nothing in this paragraph shall be construed to
 
 5           authorize any person to engage in the transportation of
 
 6           persons, other than the transportation of persons
 
 7           exempted by the terms of this paragraph, without a
 
 8           permit or certificate issued by the commission
 
 9           authorizing such transportation;
 
10      (3)  Persons operating taxicabs or other motor vehicles
 
11           utilized in performing a bona fide taxicab service.
 
12           "Taxicab" includes:
 
13           (A)  Any motor vehicle used in the movement of
 
14                passengers on the public highways under the
 
15                following circumstances, namely the passenger
 
16                hires the vehicle on call or at a fixed stand,
 
17                with or without baggage for transportation, and
 
18                controls the vehicle to the passenger's
 
19                destination;
 
20           (B)  Any motor vehicle for hire having seating
 
21                accommodations for eight or fewer passengers used
 
22                in the movement of passengers on the public
 
23                highways that may, as part of a continuous trip,
 

 
Page 3                                                     2823
                                     H.B. NO.           
                                                        
                                                        

 
 1                pick up or discharge passengers from various
 
 2                unrelated locations; provided that they shall be
 
 3                regulated by the counties in accordance with
 
 4                section 46-16.5(c); and provided further that this
 
 5                subparagraph shall not apply to any exclusive
 
 6                rights granted by the department of transportation
 
 7                for taxicab services at facilities under the
 
 8                department's control; and
 
 9           (C)  Any motor vehicle having seating accommodations
 
10                for eight or fewer passengers used in the movement
 
11                of passengers on the public highways between a
 
12                terminal, i.e. a fixed stand, in the Honolulu
 
13                district, as defined in section 4-1 and a terminal
 
14                in a geographical district outside the limits of
 
15                the Honolulu district, and vice versa, without
 
16                picking up passengers other than at the terminals
 
17                or fixed stands; provided that the passengers may
 
18                be picked up by telephone call from their homes in
 
19                the rural area or may be unloaded at any point
 
20                between the fixed stands or may be delivered to
 
21                their homes in the rural area;
 

 
 
 
 
 
Page 4                                                     2823
                                     H.B. NO.           
                                                        
                                                        

 
 1      (4)  Persons operating motor vehicles in the transportation
 
 2           of persons pursuant to a franchise from the legislature
 
 3           and whose operations are presently regulated under
 
 4           chapter 269;
 
 5      (5)  Nonprofit agricultural cooperative associations to the
 
 6           extent that they engage in the transportation of their
 
 7           own property or the property of their members;
 
 8      (6)  Persons operating motor vehicles specially constructed
 
 9           for the towing of disabled or wrecked vehicles but not
 
10           otherwise used in the transportation of property for
 
11           compensation or hire;
 
12      (7)  Persons operating motor vehicles in the transportation
 
13           of mail, newspapers, periodicals, magazines, messages,
 
14           documents, letters, or blueprints;
 
15      (8)  Persons operating funeral cars or ambulances;
 
16      (9)  Persons operating motor vehicles in the transportation
 
17           of garbage or refuse;
 
18     (10)  Persons operating the type of passenger carrying motor
 
19           vehicles known as "sampan buses" within the radius of
 
20           twenty miles from the city of Hilo, Hawaii;
 
21     (11)  Persons transporting unprocessed pineapple to a cannery
 
22           and returning any containers used in such
 
23           transportation to the fields;
 

 
Page 5                                                     2823
                                     H.B. NO.           
                                                        
                                                        

 
 1     (12)  Sugar plantations transporting sugarcane, raw sugar,
 
 2           molasses, sugar by-products, and farming supplies for
 
 3           neighboring farmers pursuant to contracts administered
 
 4           by the United States Department of Agriculture;
 
 5     (13)  Persons engaged in the ranching or meat or feed
 
 6           business who transport cattle to slaughterhouses for
 
 7           hire where such transportation is their sole
 
 8           transportation for hire and where their earnings from
 
 9           the transportation constitute less than fifty per cent
 
10           of their gross income from their business and the
 
11           transportation for hire;
 
12     (14)  Persons transporting unprocessed raw milk to processing
 
13           plants and returning any containers used in such
 
14           transportation to dairy farms for reloading;
 
15     (15)  Persons transporting animal feeds to animal husbandry
 
16           farmers and farming supplies directly to animal
 
17           husbandry farmers and returning any containers used in
 
18           such transportation to these sources of such feeds and
 
19           supplies for reloading;
 
20     (16)  Persons engaged in transporting not more than fifteen
 
21           passengers between their places of abode, or termini
 
22           near such places, and their places of employment in a
 

 
 
 
Page 6                                                     2823
                                     H.B. NO.           
                                                        
                                                        

 
 1           single daily round trip where the driver is also on the
 
 2           driver's way to or from the driver's place of
 
 3           employment;
 
 4     (17)  Persons transporting passengers without charge in motor
 
 5           vehicles owned or operated by such person, where such
 
 6           transportation is provided in conjunction with and in
 
 7           furtherance of a related primary business purpose or
 
 8           enterprise of that person, and such transportation is
 
 9           provided only directly to and from the place of
 
10           business of such person, except that this exemption
 
11           shall not apply to persons making any contract,
 
12           agreement, or arrangement to provide, procure, furnish,
 
13           or arrange for transportation as a travel agent or
 
14           broker or a person engaged in tour or sightseeing
 
15           activities, nor shall this exemption apply where the
 
16           transportation is undertaken by a person to evade the
 
17           regulatory purposes of this chapter; and
 
18     (18)  Persons conducting the type of county-regulated
 
19           passenger carrying operation known as "jitney
 
20           services".  For the purposes of this paragraph, "jitney
 
21           services" means public transportation services
 
22           utilizing motor vehicles that have seating
 

 
 
 
Page 7                                                     2823
                                     H.B. NO.           
                                                        
                                                        

 
 1           accommodations for six to twenty-five passengers,
 
 2           operate along specific routes during defined service
 
 3           hours, and levy a flat fare schedule."
 
 4      SECTION 2.  Act 120, Session Laws of Hawaii 1997, is amended
 
 5 by amending section 2 to read as follows:
 
 6      "SECTION 2.  Section 271-5, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§271-5 Exemptions, generally.  Notwithstanding any other
 
 9 provisions of this chapter, its contents shall not apply to:
 
10      (1)  Persons transporting their own property where the
 
11           transportation is in furtherance of a primary business
 
12           purpose or enterprise of that person, except where the
 
13           transportation is undertaken by a motor carrier to
 
14           evade the regulatory purposes of this chapter;
 
15      (2)  Persons operating motor vehicles when engaged in the
 
16           transportation of school children and teachers to and
 
17           from school, and to and from school functions; provided
 
18           that these persons may engage in providing
 
19           transportation at special rates for groups of persons
 
20           [belonging to an eleemosynary or benevolent
 
21           organization or association domiciled in this State
 
22           where the organization or association sponsors or is
 
23           conducting a nonregular excursion;] and in conducting
 

 
Page 8                                                     2823
                                     H.B. NO.           
                                                        
                                                        

 
 1           nonregular excursions; provided that whenever the
 
 2           persons engage in the transportation of persons [other
 
 3           than those exempted in this paragraph,] as provided in
 
 4           this paragraph, that portion of their operation shall
 
 5           [not] be exempt from [this chapter.] section 271-36.
 
 6           Nothing in this paragraph shall be construed to
 
 7           authorize any person to engage in the transportation of
 
 8           persons, other than the transportation of persons
 
 9           exempted by the terms of this paragraph, without a
 
10           permit or certificate issued by the commission
 
11           authorizing such transportation;
 
12      (3)  Persons operating taxicabs or other motor vehicles
 
13           utilized in performing a bona fide taxicab service.
 
14           "Taxicab" includes:
 
15           (A)  Any motor vehicle used in the movement of
 
16                passengers on the public highways under the
 
17                following circumstances, namely the passenger
 
18                hires the vehicle on call or at a fixed stand,
 
19                with or without baggage for transportation, and
 
20                controls the vehicle to the passenger's
 
21                destination;
 

 
 
 
 
 
Page 9                                                     2823
                                     H.B. NO.           
                                                        
                                                        

 
 1           (B)  Any motor vehicle for hire having seating
 
 2                accommodations for eight or fewer passengers used
 
 3                in the movement of passengers on the public
 
 4                highways that may, as part of a continuous trip,
 
 5                pick up or discharge passengers from various
 
 6                unrelated locations; provided that they shall be
 
 7                regulated by the counties in accordance with
 
 8                section 46-16.5(c); and provided further that this
 
 9                subparagraph shall not apply to any exclusive
 
10                rights granted by the department of transportation
 
11                for taxicab services at facilities under the
 
12                department's control; and
 
13           (C)  Any motor vehicle having seating accommodations
 
14                for eight or fewer passengers used in the movement
 
15                of passengers on the public highways between a
 
16                terminal, i.e. a fixed stand, in the Honolulu
 
17                district, as defined in section 4-1 and a terminal
 
18                in a geographical district outside the limits of
 
19                the Honolulu district, and vice versa, without
 
20                picking up passengers other than at the terminals
 
21                or fixed stands; provided that the passengers may
 
22                be picked up by telephone call from their homes in
 
23                the rural area or may be unloaded at any point
 

 
Page 10                                                    2823
                                     H.B. NO.           
                                                        
                                                        

 
 1                between the fixed stands or may be delivered to
 
 2                their homes in the rural area;
 
 3      (4)  Persons operating motor vehicles in the transportation
 
 4           of persons pursuant to a franchise from the legislature
 
 5           and whose operations are presently regulated under
 
 6           chapter 269;
 
 7      (5)  Nonprofit agricultural cooperative associations to the
 
 8           extent that they engage in the transportation of their
 
 9           own property or the property of their members;
 
10      (6)  Persons operating motor vehicles specially constructed
 
11           for the towing of disabled or wrecked vehicles but not
 
12           otherwise used in the transportation of property for
 
13           compensation or hire;
 
14      (7)  Persons operating motor vehicles in the transportation
 
15           of mail, newspapers, periodicals, magazines, messages,
 
16           documents, letters, or blueprints;
 
17      (8)  Persons operating funeral cars or ambulances;
 
18      (9)  Persons operating motor vehicles in the transportation
 
19           of garbage or refuse;
 
20     (10)  Persons operating the type of passenger carrying motor
 
21           vehicles known as "sampan buses" within the radius of
 
22           twenty miles from the city of Hilo, Hawaii;
 

 
 
 
Page 11                                                    2823
                                     H.B. NO.           
                                                        
                                                        

 
 1     (11)  Persons transporting unprocessed pineapple to a
 
 2           cannery, seed corn to a processing facility, or
 
 3           returning any containers used in such transportation to
 
 4           the fields;
 
 5     (12)  Sugar plantations transporting sugarcane, raw sugar,
 
 6           molasses, sugar by-products, and farming supplies for
 
 7           neighboring farmers pursuant to contracts administered
 
 8           by the United States Department of Agriculture;
 
 9     (13)  Persons engaged in the ranching or meat or feed
 
10           business who transport cattle to slaughterhouses for
 
11           hire where such transportation is their sole
 
12           transportation for hire and where their earnings from
 
13           the transportation constitute less than fifty per cent
 
14           of their gross income from their business and the
 
15           transportation for hire;
 
16     (14)  Persons transporting unprocessed raw milk to processing
 
17           plants and returning any containers used in such
 
18           transportation to dairy farms for reloading;
 
19     (15)  Persons transporting animal feeds to animal husbandry
 
20           farmers and farming supplies directly to animal
 
21           husbandry farmers and returning any containers used in
 
22           such transportation to these sources of such feeds and
 
23           supplies for reloading;
 

 
Page 12                                                    2823
                                     H.B. NO.           
                                                        
                                                        

 
 1     (16)  Persons engaged in transporting not more than fifteen
 
 2           passengers between their places of abode, or termini
 
 3           near such places, and their places of employment in a
 
 4           single daily round trip where the driver is also on the
 
 5           driver's way to or from the driver's place of
 
 6           employment;
 
 7     (17)  Persons transporting passengers without charge in motor
 
 8           vehicles owned or operated by such person, where such
 
 9           transportation is provided in conjunction with and in
 
10           furtherance of a related primary business purpose or
 
11           enterprise of that person, and such transportation is
 
12           provided only directly to and from the place of
 
13           business of such person, except that this exemption
 
14           shall not apply to persons making any contract,
 
15           agreement, or arrangement to provide, procure, furnish,
 
16           or arrange for transportation as a travel agent or
 
17           broker or a person engaged in tour or sightseeing
 
18           activities, nor shall this exemption apply where the
 
19           transportation is undertaken by a person to evade the
 
20           regulatory purposes of this chapter; and
 
21     (18)  Persons conducting the type of county-regulated
 
22           passenger carrying operation known as "jitney
 
23           services".  For the purposes of this paragraph, "jitney
 

 
Page 13                                                    2823
                                     H.B. NO.           
                                                        
                                                        

 
 1           services" means public transportation services
 
 2           utilizing motor vehicles that have seating
 
 3           accommodations for six to twenty-five passengers,
 
 4           operate along specific routes during defined service
 
 5           hours, and levy a flat fare schedule.""
 
 6      SECTION 3.  Act 120, Session Laws of Hawaii 1997, is amended
 
 7 by amending section 8 to read as follows:
 
 8      "SECTION 8.  This Act shall take effect upon its approval[;
 
 9 provided that on June 30, 2002, section 2 of this Act shall be
 
10 repealed and section 271-5, Hawaii Revised Statutes, is reenacted
 
11 in the form in which it read on the day before the approval of
 
12 this Act]."
 
13      SECTION 4.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 5.  This Act shall take effect upon its approval;
 
16 provided that on June 30, 2002, section 2 of this Act shall be
 
17 repealed and section 1 of this Act shall take effect on June 30,
 
18 2002.
 
19 
 
20                       INTRODUCED BY:  ___________________________