1034
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR CARRIERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 271-16, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "271-16  Temporary authority.  [(a)]  To enable the
 
 4 provision of service for which there is an immediate and urgent
 
 5 need to a point or points or within a territory having no carrier
 
 6 service capable of meeting the need, the public utilities
 
 7 commission may, in its discretion and without hearings or other
 
 8 proceedings, grant temporary authority for service by a common
 
 9 carrier or a contract carrier by motor vehicle, as the case may
 
10 be.  The temporary authority, unless suspended or revoked for
 
11 good cause, shall be valid for the time that the commission shall
 
12 specify, but for no more than a period of one-hundred-twenty days
 
13 for any one immediate and urgent need.  If an application for a
 
14 certificate of public convenience and necessity or a permit
 
15 seeking corresponding permanent authority is filed in accordance
 
16 with applicable laws, regulations, and instructions not later
 
17 than thirty days after the issuance date of temporary authority,
 
18 then the commission shall determine at a public hearing held not
 
19 later than one-hundred-twenty days after the issuance date of
 

 
a                                                     BUF-14(99)
Page 2                                                     1034
                                     H.B. NO.           
                                                        
                                                        

 
 1 temporary authority upon its own motion, or upon motion or upon
 
 2 request by any interested party, whether any temporary operating
 
 3 authority granted under this section shall be continued in force
 
 4 beyond the expiration date specified therein, and until the
 
 5 determination of the application filed by the holder of the
 
 6 temporary operating authority for a certificate of public
 
 7 convenience and necessity or a permit to engage in operations
 
 8 authorized by the temporary operating authority.
 
 9      [(b)  Every application for temporary authority shall be
 
10 made in writing to the commission and verified under oath.  The
 
11 application shall:
 
12      (1)  Be accompanied by proof of service upon every current
 
13           holder of a certificate of public convenience and
 
14           necessity in the classification for which temporary
 
15           authority is applied; and
 
16      (2)  Contain information that the commission shall by rule
 
17           require.]"
 
18      SECTION 2.  Statutory material to be repealed is bracketed.
 
19      SECTION 3.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:  _______________________
 

 
a                                                     BUF-14(99)