REPORT TITLE:
Motor carriers


DESCRIPTION:
Exempts only the operation of active, federally compliant school
buses from sections 271-8.5 and 271-36, HRS, of the motor carrier
law.  (HB2823 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2823
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   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 organization
 
16           or association domiciled in this State where the
 
17           organization or association sponsors or is conducting a
 
18           nonregular excursion; provided that whenever the
 
19           persons engage in the transportation of persons other
 
20           than those exempted in this paragraph, that portion of
 

 
Page 2                                                     2823
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1           their operation shall not be exempt from this chapter.
 
 2           Only the operation of active, federally compliant
 
 3           school buses in this service shall be exempt from
 
 4           sections 271-8.5 and 271-36(c).  Nothing in this
 
 5           paragraph shall be construed to authorize any person to
 
 6           engage in the transportation of persons, other than the
 
 7           transportation of persons exempted by the terms of this
 
 8           paragraph, without a permit or certificate issued by
 
 9           the commission 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.           H.D. 2
                                                        
                                                        

 
 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;
 
22      (4)  Persons operating motor vehicles in the transportation
 
23           of persons pursuant to a franchise from the legislature
 

 
Page 4                                                     2823
                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
Page 5                                                     2823
                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
Page 6                                                     2823
                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
 
 
Page 7                                                     2823
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      SECTION 2.   New statutory material is underscored.
 
 2      SECTION 3.  This Act shall take effect upon its approval.