§271-22 Schedules of contract carriers by
motor vehicle. (a) It shall be the duty of every contract carrier by
motor vehicle to file and observe reasonable minimum rates and charges for any
service rendered or to be rendered in the transportation of passengers or
property in connection therewith, and to file and observe reasonable
regulations and practices to be applied in connection with the reasonable
minimum rates, fares, and charges. It shall be the duty of every contract
carrier by motor vehicle to file with the public utilities commission, publish,
and keep open for public inspection, in the form and manner prescribed by the
commission, schedules containing the actual rates or charges of the carrier for
the transportation of passengers or property, and any rule, regulation, or
practice affecting the rates or charges and the value of the service
thereunder; provided that any contract carrier serving but one shipper having
rendered continuous service to the shipper for not less than one year may file
reasonable minimum rates and charges unless the commission in any individual
case, after hearing, finds it in the public interest to require the filing of
actual rates and charges. No contract carrier, unless otherwise provided by
this chapter, shall engage in the transportation of passengers or property
unless the actual rates or charges for the transportation by the carrier have
been published, filed, and posted in accordance with this chapter. Nothing
herein provided shall be so construed as to require the carriers to maintain
the same rates, rules and regulations for the same services for all shippers
served. No reduction shall be made in any such charge either directly or by
means of any change in any rule, regulation, or practice affecting the charge
or the value of the service thereunder, nor shall any new charge be permitted,
except after thirty days' notice of the proposed change or new charge is filed
in the aforesaid form and manner; but the commission may, in its discretion and
for good cause shown, allow the change upon less notice, or modify the
requirements of this subsection with respect to posting and filing of
schedules, either in particular instances, or by general order applicable to
special or peculiar circumstances or conditions. The notice shall plainly
state the change proposed to be made and the time when the change will take
effect. No carriers shall demand, charge, or collect compensation for
transportation different from the charges filed in accordance with this
subsection, as affected by any rule, regulation, or practice so filed, or less
than the minimum rate or charge as may be prescribed by the commission from
time to time, and it shall be unlawful for any carrier, by the furnishing of
special services, facilities, or privileges, or by any other device whatsoever,
to charge, accept, or receive compensation different from the actual rates and
charges so filed, or less than the minimum charges prescribed; provided that
any carrier or carriers, or any class or group thereof, may apply to the
commission for relief from this subsection, and the commission may, after
hearing, grant such relief to such extent and for such time, and in such manner
as in its judgment is consistent with the public interest and the
transportation policy declared in this chapter.
(b) Whenever, after hearing, upon complaint or
upon its own initiative, the commission finds that any minimum rate or charge
of any contract carrier by motor vehicle, or any rule, regulation, or practice
of any carrier affecting the minimum rate or charge, or the value of the
service thereunder, for the transportation of passengers or property or in
connection therewith, contravenes the transportation policy declared in this
chapter, or is in contravention of any provision of this chapter, the
commission may prescribe such just and reasonable minimum rate or charge, or
such rule, regulations, or practice as in its judgment may be necessary or
desirable in the public interest and to promote the policy and will not be in
contravention of any provision of this chapter. The minimum rate or charge, or
the rule, regulation, or practice, so prescribed by the commission, shall give
no advantage or preference to any carrier in competition with any common
carrier by motor vehicle subject to this chapter, which the commission may find
to be undue or inconsistent with the public interest and the transportation
policy declared in this chapter and the commission shall give due consideration
to the cost of the services rendered by such carriers, and to the effect of the
minimum rate or charge, or the rule, regulation, or practice, upon the movement
of traffic by the carriers. All complaints shall state fully the facts
complained of and the reasons for the complaint and shall be made under oath.
(c) Whenever there is filed with the
commission by any contract carrier any schedule stating a charge for a new
service or a reduced charge directly, or by means of any rule, regulation, or
practice, for the transportation of passengers or property, the commission may
upon complaint of interested persons or upon its own initiative at once and, if
it so orders, without answer or other formal pleading by the interested party,
but upon reasonable notice, enter upon a hearing concerning the lawfulness of
the charge, or rule, regulation, or practice, and pending the hearing and the
decision thereon, the commission, by filing with the schedules and delivering
to the carrier affected thereby a statement in writing of its reasons for the
suspension, may from time to time suspend the operation of the schedule and
defer the use of the charge, or rule, regulation, or practice, but not for a
longer period than five months beyond the time when it would otherwise go into
effect; and after hearing, whether completed before or after the charge, or
rule, regulation, or practice goes into effect, the commission may make such
order with reference thereto as would be proper in a proceeding instituted
after it had become effective. If the proceeding has not been concluded and an
order made within the period of suspension, the proposed change in any charge
or rule, regulation, or practice shall go into effect at the end of the period;
provided that this subsection shall not apply to any initial schedule or
schedules filed by any carrier in bona fide operation when this section takes
effect. The rule as to burden of proof specified in section 271-20(e) shall
apply to this subsection. [L 1961, c 121, pt of §2; Supp, §106C-20; HRS
§271-22]