REPORT TITLE:
Motor Carrier


DESCRIPTION:
Specifies facts which motor carriers need to show to be granted a
temporary authority to operate by the public utilities
commission.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2305
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 271-16, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§271-16  Temporary authority.  (a)  To enable the provision
 
 4 of service for which there is an immediate and urgent need to a
 
 5 point or points or within a territory having no carrier service
 
 6 capable of meeting the need, the public utilities commission
 
 7 [may], in its discretion and without hearings or other
 
 8 proceedings, may grant temporary authority for service by a
 
 9 common carrier or a contract carrier by motor vehicle, as the
 
10 case may be.  The temporary authority, unless suspended or
 
11 revoked for good cause, shall be valid for the time that the
 
12 commission shall specify, but for no more than a period of one-
 
13 hundred-twenty days for any one immediate and urgent need.  If an
 
14 application for a certificate of public convenience and necessity
 
15 or a permit seeking corresponding permanent authority is filed in
 
16 accordance with applicable laws, [regulations,] rules, and
 
17 instructions not later than thirty days after the issuance date
 
18 of temporary authority, then the commission shall determine at a
 
19 public hearing held not later than one-hundred-twenty days after
 

 
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 1 the issuance date of temporary authority upon its own motion, or
 
 2 upon motion or upon request by any interested [party,] persons,
 
 3 whether any temporary operating authority granted under this
 
 4 section shall be continued in force beyond the expiration date
 
 5 specified therein, and until the determination of the application
 
 6 filed by the holder of the temporary operating authority for a
 
 7 certificate of public convenience and necessity or a permit to
 
 8 engage in operations authorized by the temporary operating
 
 9 authority.
 
10      The granting of temporary operating authority shall not
 
11 create any presumption that corresponding permanent authority
 
12 will be granted thereafter.  Any order of the commission granting
 
13 temporary operating authority shall specifically address in its
 
14 findings that:
 
15      (1)  An immediate and urgent need, as set forth in
 
16           subsection (b), exists for the proposed service; and
 
17      (2)  No carrier service capable of meeting the need is
 
18           available, determined in accordance with subsection
 
19           (c).
 
20      (b)  "Immediate and urgent need" means that a specific
 
21 transportation service is required on an emergency basis to meet
 
22 a specific transportation problem.  When granted, temporary
 
23 operating authority based on immediate and urgent need shall be
 

 
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 1 narrowly restricted to meet only the emergency resulting from the
 
 2 specific transportation problem.  The restriction shall include
 
 3 strict circumscription of service routes, termini, schedules,
 
 4 vehicles, and equipment, without deviation, as set forth
 
 5 specifically in a written application to meet the specific
 
 6 emergency.  A user's preference for an uncertificated carrier, or
 
 7 a user's unwillingness to pay a currently certificated carrier's
 
 8 rates, shall not constitute an immediate and urgent need.
 
 9      (c)  Every application for temporary operating authority
 
10 shall be made in writing to the commission and verified under
 
11 oath.  In addition to compliance with the requirements of the
 
12 commission, the verification shall include a statement by the
 
13 applicant that it has informed the persons desiring the proposed
 
14 service of the requirements set forth in this subsection.  An
 
15 applicant shall comply with the requirements of the commission
 
16 not inconsistent with this section.  The application shall be
 
17 denied unless it contains the following information:
 
18      (1)  A description of the specific commodities to be
 
19           transported (where the transportation of property is
 
20           involved);
 
21      (2)  Points or areas to, from, or between which the
 
22           commodities or passengers are to be transported (if
 
23           service is needed to or from a territory or area rather
 

 
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 1           than a specific point or points, a clear description of
 
 2           the territory or area, and evidence of a broad need to
 
 3           justify the territorial grant of authority requested);
 
 4      (3)  Volume of traffic involved, frequency of movement, and
 
 5           current and past modes of transportation;
 
 6      (4)  How soon the service must be provided and the reasons
 
 7           for that time limit;
 
 8      (5)  How long the need for the service likely will continue,
 
 9           and whether the persons supporting the temporary
 
10           application will support a permanent service
 
11           application;
 
12      (6)  Recital of the consequences if service is not made
 
13           available;
 
14      (7)  The circumstances which created an immediate and urgent
 
15           need for the requested service;
 
16      (8)  Efforts that have been made to obtain the service from
 
17           existing motor carriers, and the dates and results of
 
18           those efforts;
 
19      (9)  Names and addresses of existing carriers who have
 
20           either failed or refused to provide the service, and
 
21           the reasons given for that failure or refusal;
 
22     (10)  Name and address of the motor carrier who will provide
 
23           service and is filing the application for temporary
 

 
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 1           operating authority; and
 
 2     (11)  If the person supporting the application has supported
 
 3           any prior application for permanent or temporary
 
 4           operating authority covering all or any part of the
 
 5           desired service, the statement of the carrier
 
 6           applicant's name, address, and motor carrier docket
 
 7           number, if known, and whether the application was
 
 8           granted or denied and the date of that action, if
 
 9           known.
 
10 Every application shall be accompanied by proof of service upon
 
11 every motor carrier identified in paragraphs (9) and (11).
 
12      (d)  If any person engages in motor carrier activity, either
 
13 on a trial or test basis or otherwise, with or without
 
14 compensation, but without authority granted by the commission to
 
15 do so, the activity shall be deemed to be evidence of motor
 
16 carrier activity undertaken to evade the regulatory purposes of
 
17 this chapter, and the commission shall deny any subsequent
 
18 application for a temporary certificate or permit for a period of
 
19 two years."
 
20      SECTION 2.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 3.  This Act shall take effect upon its approval.
 
23 
 
24                           INTRODUCED BY:  _______________________