HRS § 269-20 - Certificates of public convenience and necessity for water carriers
AI-assisted research summary: Water carriers that hold themselves out to the public for compensation between points in Hawaii may not operate unless they have a commission-issued certificate of public convenience and necessity, subject to an exception for excluded carriers.
(a) No person which holds itself out to the general public to engage in the transportation by water of passengers or property or any class or classes thereof for compensation, between points in the State of Hawaii, shall operate unless there is in force with respect to such carrier a certificate of public convenience and necessity issued by the commission authorizing such transportation; provided that this section shall not apply to any carrier by water to the extent that the carrier is excluded from the definition of a public utility under section [269-1(2)(E) and (F)]. (b) Applications for certificates shall be made in writing under oath to the commission in such form as it requires. (c) A certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission thereunder, and that the proposed service, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise such application shall be denied. Any certificate issued shall specify the service to be rendered and the routes and ports which the water carrier is to serve and there shall be attached to the exercise of the privileges granted by the certificate, at the time of issuance and from time to time thereafter, such reasonable conditions and limitations as the public convenience and necessity may require. (d) The commission may at any time suspend, change or revoke such certificate in the manner provided in section 271-19. [L 1933, c 169, pt of §4; RL 1945, §4719; am L 1945, c 189, §1; am L 1949, c 366, §2; RL 1955, §104-19; HRS ; am L 1969, c 55, §1] Revision Note Provisions of subsection (c) authorizing the issuance of a certificate to a carrier under L 1969, c 55, §1, deleted as obsolete. Case Notes Acceptance of certificate and benefits, estops holder from contesting validity of law under which certificate issued. 33 H. 813. Certificate within police power; not a franchise. 34 H. 52. Ownership of franchise does not prevent application for a certificate for other purposes. 40 H. 579. Regulation of depreciation practice of utilities; scope of court's review of commission order. 42 H. 233.