§271-5  Exemptions, generally. 

Notwithstanding any other provisions of this chapter, its contents shall not

apply to:

     (1)  Persons transporting their own property where the

transportation is in furtherance of a primary business purpose or enterprise of

that person, except where the transportation is undertaken by a motor carrier

to evade the regulatory purposes of this chapter;

     (2)  Persons operating motor vehicles when engaged in

the transportation of school children and teachers to and from school, and to

and from school functions; provided that these persons may engage in providing

transportation at special rates for groups of persons belonging to an

eleemosynary or benevolent organization or association domiciled in this State

where the organization or association sponsors or is conducting a nonregular

excursion; provided that whenever the persons engage in the transportation of

persons other than those exempted in this paragraph, that portion of their

operation shall not be exempt from this chapter.  Nothing in this paragraph

shall be construed to authorize any person to engage in the transportation of

persons, other than the transportation of persons exempted by the terms of this

paragraph, without a permit or certificate issued by the commission authorizing

such transportation;

     (3)  Persons operating taxicabs or other motor

vehicles utilized in performing a bona fide taxicab service. 

"Taxicab" includes:

         (A)  Any motor vehicle used in the movement of

passengers on the public highways under the following circumstances, namely the

passenger hires the vehicle on call or at a fixed stand, with or without

baggage for transportation, and controls the vehicle to the passenger's

destination;

         (B)  Any motor vehicle for hire having seating

accommodations for eight or fewer passengers used in the movement of passengers

on the public highways that may, as part of a continuous trip, pick up or

discharge passengers from various unrelated locations; provided that they shall

be regulated by the counties in accordance with section 46-16.5(c); and

provided further that this subparagraph shall not apply to any exclusive rights

granted by the department of transportation for taxicab services at facilities

under the department's control; and

         (C)  Any motor vehicle having seating

accommodations for eight or fewer passengers used in the movement of passengers

on the public highways between a terminal, i.e., a fixed stand, in the Honolulu

district, as defined in section 4-1 and a terminal in a geographical district

outside the limits of the Honolulu district, and vice versa, without picking up

passengers other than at the terminals or fixed stands; provided that the

passengers may be picked up by telephone call from their homes in the rural

area or may be unloaded at any point between the fixed stands or may be

delivered to their homes in the rural area;

     (4)  Persons operating motor vehicles in the

transportation of persons pursuant to a franchise from the legislature and

whose operations are presently regulated under chapter 269;

     (5)  Nonprofit agricultural cooperative associations

to the extent that they engage in the transportation of their own property or

the property of their members;

     (6)  Persons operating motor vehicles specially

constructed for the towing of disabled or wrecked vehicles but not otherwise

used in the transportation of property for compensation or hire;

     (7)  Persons operating motor vehicles in the

transportation of mail, newspapers, periodicals, magazines, messages,

documents, letters, or blueprints;

     (8)  Persons operating funeral cars or ambulances;

     (9)  Persons operating motor vehicles in the

transportation of garbage or refuse;

    (10)  Persons operating the type of passenger carrying

motor vehicles known as "sampan buses" within the radius of twenty

miles from the city of Hilo, Hawaii;

    (11)  Persons transporting unprocessed pineapple to a

cannery, seed corn to a processing facility, or  returning any containers used

in such transportation to the fields;

    (12)  Sugar plantations transporting sugarcane, raw

sugar, molasses, sugar by-products, and farming supplies for neighboring

farmers pursuant to contracts administered by the United States Department of

Agriculture;

    (13)  Persons engaged in the ranching or meat or feed

business who transport cattle to slaughterhouses for hire where such

transportation is their sole transportation for hire and where their earnings

from the transportation constitute less than fifty per cent of their gross

income from their business and the transportation for hire;

    (14)  Persons transporting unprocessed raw milk to

processing plants and returning any containers used in such transportation to

dairy farms for reloading;

    (15)  Persons transporting animal feeds to animal

husbandry farmers and farming supplies directly to animal husbandry farmers and

returning any containers used in such transportation to these sources of such

feeds and supplies for reloading;

    (16)  Persons engaged in transporting not more than

fifteen passengers between their places of abode, or termini near such places,

and their places of employment in a single daily round trip where the driver is

also on the driver's way to or from the driver's place of employment;

    (17)  Persons transporting passengers without charge in

motor vehicles owned or operated by such person, where such transportation is

provided in conjunction with and in furtherance of a related primary business

purpose or enterprise of that person, and such transportation is provided only

directly to and from the place of business of such person, except that this

exemption shall not apply to persons making any contract, agreement, or

arrangement to provide, procure, furnish, or arrange for transportation as a

travel agent or broker or a person engaged in tour or sightseeing activities,

nor shall this exemption apply where the transportation is undertaken by a

person to evade the regulatory purposes of this chapter; and

    (18)  Persons conducting the type of county-regulated

passenger carrying operation known as "jitney services".  For the

purposes of this paragraph, "jitney services" means public

transportation services utilizing motor vehicles that have seating

accommodations for six to twenty-five passengers, operate along specific routes

during defined service hours, and levy a flat fare schedule. [L 1961, c 121, pt

of §2; am L 1962, c 12, §§3, 4, 7; am L 1963, c 137, §2; am L 1965, c 215, §1;

Supp, §106C-5; HRS §271-5; am L 1971, c 98, §1; am L 1973, c 193, §1; am L Sp

1977 1st, c 20, §2; am L 1978, c 66, §1; am L 1979, c 105, §26; gen ch 1985; am

L 1988, c 286, §3; am L 1995, c 98, §2; am L 1997, c 120, §§2, 8; am L 2002, c

28, §2]