(a) Every common carrier by motor vehicle and every contract carrier by motor vehicle shall pay to the commission, in April of each year, a fee equal to one-fourth of one per cent of the gross revenues from the carrier’s business during the preceding calendar year, or the sum of $20, whichever is greater. Gross revenues include all revenues received from services connected with or incidental to the transportation of persons or the transportation of property, as defined under § 271-4.

Terms Used In Hawaii Revised Statutes 271-36

  • Chapter: means the Motor Carrier Law. See Hawaii Revised Statutes 271-4
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 271-4
  • Common carrier by motor vehicle: means any person that holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property or any class or classes thereof for compensation. See Hawaii Revised Statutes 271-4
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract carrier by motor vehicle: means any person that engages in transportation by motor vehicle of passengers or property for compensation (other than transportation referred to in the definition of "common carrier by motor vehicle") under continuing contracts with one person or a limited number of persons for the furnishing of transportation services:

    (1) Through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served; or
    (2) Designed to meet the distinct need of each individual customer. See Hawaii Revised Statutes 271-4
  • Motor carrier: includes both a common carrier by motor vehicle and a contract carrier by motor vehicle. See Hawaii Revised Statutes 271-4
  • Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the commission, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. See Hawaii Revised Statutes 271-4
  • Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 271-4
  • Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, carriage, ventilation, refrigeration, icing, dunnage, storage in transit, handling, and consolidation for the purposes of forwarding within the State. See Hawaii Revised Statutes 271-4
(b) Every common carrier by motor vehicle and every contract carrier by motor vehicle paying a fee under subsection (a) may impose a surcharge to recover the amount paid above one-eighth of one per cent of gross income. The surcharge imposed shall not be subject to the notice, hearing, and approval requirements of this chapter; provided that the surcharge may be imposed by the utility only after thirty days’ notice to the public utilities commission. Unless ordered by the public utilities commission, the surcharge shall be imposed only until the conclusion of the carrier’s next rate case; provided that the surcharge shall be subject to refund with interest at the public utility’s authorized rate of return on rate base if the utility collects more money from the surcharge than actually paid due to the increase in the fee to one-fourth of one per cent.
(c) The commission shall establish fair and reasonable fees for the following applications:

(1) Applications for certificates and permits as provided by §§ 271-12 and 271-13;
(2) Applications for extensions of certificates as provided by section 271-12(d);
(3) Applications for temporary certificates and permits as provided by § 271-16; and
(4) Applications for authority to convey property necessary or useful in the performance of duties to the public or to transfer certificates or permits or to purchase motor carrier stock, as provided in section 271-18.

The fees charged pursuant to this subsection shall be paid to the commission at the time of submission of the application.

(d) The commission may charge an amount it deems necessary and reasonable to defray the cost of supplying to the carriers and the public the application forms and other forms, schedules, tariffs, copies of rules, and other pamphlets and materials it provides by individual copy or in bulk.
(e) All of the fees and charges collected under this section shall be deposited with the director of finance to the credit of the public utilities commission special fund established under § 269-33.

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