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 water carrier to evade the regulatory purposes of this chapter;

Terms Used In Hawaii Revised Statutes 271G-6

  • Chapter: means this Water Carrier Law. See Hawaii Revised Statutes 271G-5
  • persons: means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof. See Hawaii Revised Statutes 271G-5
(2) Nonprofit agricultural cooperative associations to the extent that they engage in the transportation of their own property or the property of their members;
(3) Persons engaged in the transportation over water of passengers or property for compensation, other than transportation referred to in the definition of “water carrier” or “common carrier by water” in § 271G-5 under continuing contracts with one person or a limited number of persons for the furnishing of transportation services:

(A) Through the assignment of vessels for a continuing period of time to the exclusive use of each person served; or
(B) Designed to meet the distinct need of each individual customer;
(4) Persons transporting their own property or employees where the transportation is in furtherance of a business or enterprise of fishing or taking of fish for profit or gain as a means of livelihood; or
(5) Persons engaged in the business of transporting persons for sightseeing and other recreational activities.

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