HAR Title 6, Chapter 63, PUC - Common Contract Carriers

'6-63-2

SUBCHAPTER 1

GENERAL PROVISIONS

'6-63-1 Purpose. These rules govern the form and content of tariffs and schedules of common and

contract carriers by motor vehicle. [Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS '' 271-9, 271-21, 271-22)

'6-63-2 Definitions.

"Commission" means the public utilities commission of the State.

"Commodity rate" means the specific rate applicable to a commodity, as described in a tariff.

"Common carrier" means "common carrier by motor vehicle" and "contract carrier" means "contract carrier by motor vehicle."

"Common carrier by motor vehicle" and "contract carrier by motor vehicle" have the same meanings as in section 271-4, HRS.

"Consumer advocate" means director of the department of commerce and consumer affairs.

"HRS" means the Hawaii Revised Statutes.

"Issuing carrier or agent" means the common carrier by motor vehicle or person authorized by the common carrier by motor vehicle to issue and publish tariffs on behalf of the carrier.

"Joint routes and rates" means routes and rates which result from two or more common carriers by motor vehicle providing transportation service over a route at a through rate.

"Point of destination" means the precise location where property is delivered into the custody of the consignee or its agent.

"Motor carrier" has the same meaning as in section 271-4, HRS.

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"Point of origin" means the precise location where property is delivered into the custody of the motor carrier by the consignee or its agent.

"Schedule" means a publication stating the actual rates and charges of a contract carrier by motor vehicle, and all the rules which are applied by the contract carrier by motor vehicle.

"State" means the State of Hawaii.

"Supplement" means a publication stating changes to the rates, fares, charges, rules, or conditions in a tariff.

"Symbol" means an identifying mark or letter to denote changes to a tariff.

"Tariff" means a publication which states the rates, fares, charges, rules, or conditions of a common carrier by motor vehicle.

"Tariff change" means any change, addition, or deletion to a tariff.

"Through rate" means a single rate or combination of rates which determines the charge from a point of origin to point of destination. [Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS ''269-6, 271-4, 271-9)

'6-63-3 Filing requirements. (a) Tariff. A common carrier by motor vehicle shall file and maintain a current tariff with the commission that conforms to this chapter. Each common carrier by motor vehicle shall file an initial tariff prior to commencing service, and shall not commence service unless the tariff is approved by the commission.

(b) Schedule. A contract carrier by motor vehicle shall file and maintain a current schedule with the commission that conforms to this chapter. Each contract carrier of passengers or property by motor vehicle shall file a schedule prior to commencing service, and shall not commence service unless the contract carriage is approved by the commission.

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(c) A contract carrier by motor vehicle shall file a certified copy of each contract executed with a shipper. Contract rates, fares, and charges shall be attached to the contract as an exhibit.

(d) Copies. A common or contract carrier or its agent shall file an original and eight copies of its tariff or schedule and contracts with the commission.

(e) Method of filing. The tariff or schedule and contracts shall be filed either in person at the commission's office at 465 South King Street, Room 103, Honolulu, HI 96813, or by mail, in one package, postage fully prepaid, to the commission at the address stated above. Each filing shall be accompanied by a letter of transmittal (in duplicate) listing all material enclosed. [Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS ''271-9, 271‑11, 271-21)

'6-63-4 Format. (a) All tariffs, schedules, amendments, and supplements shall be typewritten on paper 8‑1/2 x 11 inches in size.

(b) Each page shall be in a form suitable for insertion into a looseleaf binder, and shall contain margins at least 5/8" wide at the binding edge.

(c) Each page of the tariff shall be numbered, beginning with the title page, except that the title page may be page 1, or "Title Page".

(d) The text of the tariff, schedule, amendment or supplement shall not contain any alterations, such as erasures or handwritten additions.

(e) Forms for powers of attorney, certifications of agency, adoption notices, and tariffs as provided in the appendices located at the end of this chapter, and which are made a part of this section, shall be used as guides for documents required to be submitted to the commission. [Eff ] (Auth: HRS ''269‑6, 271-9) (Imp: HRS ''271-9, 271‑21, 271-22)

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'6-63-5 Posting. (a) A common or contract carrier shall make its tariff or schedule available for public inspection or examination at its principal place of business.

(b) A common or contract carrier shall also post and file, at each of its stations or offices where bills are prepared, all of the tariffs or schedules applying from or at the station or office.

(c) All tariffs, schedules, amendments, and supplements shall be filed with the commission and posted in the locations specified in subsections (a) and (b), at least thirty days prior to the effective

date desired by the common or contract carrier, unless otherwise authorized by the commission. [Eff ] (Auth: HRS ''269‑6, 271-9) (Imp: HRS ''271-9, 271‑11, 271-21, 271‑22)

'6-63-6 Power of attorney. (a) A common carrier may authorize an agent to publish and file a tariff or supplement in which the carrier participates, by issuing an appropriate power of attorney, in the form attached as an example in Appendix A, in favor of the agent. The agent shall be an organization which has authority granted by the commission to publish and file tariffs for common carriers.

(b) The power of attorney may not contain authority to delegate the power. The common carrier shall not give two or more agents authority which, if exercised, would result in conflicts in rates or other conditions.

(c) The power of attorney may be canceled or revoked by the common carrier by thirty days' notice on the commission and on the agent.

(1) When a power of attorney is revoked, a corresponding revision of the common carrier's tariff or tariffs shall be filed. The tariff revision shall have an effective date no later than the effective date of the revocation. Notice of the tariff revision

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shall be provided as required by section 271‑21, HRS. If the applicable tariff or tariffs are not revised, the tariff on file shall remain in effect;

(2) Authority may be transferred from one agent to another by filing a new power of attorney with the commission. The power of attorney shall name the new agent and shall cancel the previous power of attorney.

(d) Whenever two or more common carriers join in a through rate, a power of attorney must be given to the agent issuing the tariff for the through rate. [Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS '271-9)

''6-63-7 to 8 (Reserved)

SUBCHAPTER 2

COMMON CARRIER TARIFFS

'6-63-9 Tariff format. (a) Tariffs shall follow the format of the sample tariff in Appendix D, to the extent reasonably practicable. Each tariff page shall contain the following information:

(1) The name and PUC number of the common carrier or agent issuing the tariff centered on the top of the page;

(2) Name and number of the tariff centered directly under the name of the common carrier or agent; and

(3) Page number of the tariff in the upper right hand corner of the page.

(A) The page number shall identify revised and canceled pages.

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Example: 4th Revised Page 25

Cancels

3rd Revised Page 25;

(B) In lieu of identifying the canceled page in the numbering of each page, the tariff may include a rule providing for the cancellation of prior pages which bear the same page number.

(b) Each supplement shall be numbered consecutively, starting with supplement number one, and shall contain the following:

(1) Brief title describing the supplement, centered at the top of the supplement page. Examples of commonly used descriptive titles are:

"Increase Supplement,"

"Cancellation and Vacating Supplement,"

"Suspension Supplement;"

(2) Supplement number on the upper right hand corner of the page. The supplement number shall identify canceled supplements.

Example: Supplement No. XX

Cancels

Supplement(s) XX; and

(3) The following legend centered on the upper half of the page:

Supplement No. XX

ABC Motor Carrier, Inc.; and

(1) Issue date on the lower left side of the page;

(2) Effective date on lower right side of the page;

(3) Name, title, and street address of officer or agent who issued the tariff below the issue and effective date; and

(4) Page number, centered on the last line of the page. [Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS ''271-9, 271-21)

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'6-63-10 Tariff content. Tariffs shall contain the following, in the order named:

(1) Title page. The title page of the tariff shall conform to the format requirements of

section 6-63-9, except that the notation "Title Page" may be used instead of the page number required in sections 6-63-9(a)(3) and 6‑63-9(c)(4). In addition, the title page shall contain:

(A) The tariff number and the full legal name of the common carrier or agent issuing the tariff. The name of the common carrier must be the same as that appearing in the common carrier's certificate of public convenience and necessity (or application if no certificate has been issued). If a trade name is used, the name of the individual or partners must precede the trade name.

Example: John Doe and William Doe

Doing Business As

ABC Trucking

When two or more common carriers join in a through rate the names of all participating common carriers must be shown;

(B) A brief description of the contents of the tariff, including the island or islands covered by the tariff; and

(C) Reference to a classification tariff, if applicable. If a classification is published in a separate tariff, the title page for a rate tariff must contain a reference to the classification tariff.

Examples of references are as follows:

Governed, except as otherwise provided, by the General Commodities Classification of ABC Trucking Co., PUC No. XXX, as

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modified by supplement or successive issue.

For reference to governing classification and other governing publications, see Item XX, Page YY, as amended;

(2) Check sheet. The check sheet shall list all tariff pages, and shall identify the current revision for each page. If the tariff has less than five pages, the check sheet may be omitted.

Example: Page Revision

Title 4th

1 3rd

2 Original;

(3) Table of contents. The table of contents shall show each subject covered by the tariff, in alphabetical order, and the number of the page where each subject may be found. If the tariff has less than five pages and its title page or interior arrangement plainly discloses its contents, the table of contents may be omitted;

(4) List of participating carriers.

(A) An alphabetical listing of the issuing common carriers, including those for which an issuing agent acts under a power of attorney. If fewer than ten common carriers participate in the tariff, the participating common carriers may be listed on the title page;

(B) Alternatively, the participating common carriers may be listed alphabetically in a separate tariff.

(5) List of definitions for the technical and other important terms used in the tariff;

(6) Rules or other provisions affecting the application of rates or charges and other provisions applicable to the services covered in the tariff;

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(7) For common carriers of passengers: If rates are based on distance, an alphabetical index of all stations and points, showing the stations and points from and to which the tariff applies and a table of the distance between the stations and points;

(8) For common carriers of property: Alphabetical index of all commodities for which specific rates apply, together with a reference to the page or items where the rates or commodities are listed. No index is necessary if the tariff is less than five pages or if all the rates to each destination are alphabetically arranged by commodities;

(9) For common carriers of property: List of zones and description of the boundaries of each zone and a zone map;

(10) For common carriers of property: Classifications (including commodity descriptions), ratings, and rules governing commodity descriptions;

(11) Table of actual rates, fares, or charges. All rates or fares shall be explicitly stated in cents or in dollars and cents, per 100 pounds, per mile, per hour, per cubic foot, per net ton of 2,000 pounds, per gross ton of 2,240 pounds, per truckload (of stated amount), or other definable measure commonly used and understood in the trade. Where rates are stated in amounts per package or bundle, specifications for the packages or bundles must be stated;

(A) If rate table is based on distances from a point of origin to a point of destination, the table must show mileage and indicate how the mileage has been determined; and

(B) Fare tables shall identify the points from and to which the fares apply;

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(C) When a tariff names rates by classes, a classification of articles shall be published either in the rate tariff or in a separate tariff. Separate classification tariffs shall comply with the requirements of section 6‑63‑12;

(12) Explanation of all abbreviations, symbols, and reference marks used in the tariff. The explanation shall appear on each page where the abbreviation, symbol, or reference mark is used, except that where the explanation of the abbreviation, symbol, or reference mark is consistent throughout the tariff, a general explanation of all abbreviations, in a separate section; and

(13) Last page. The last page of the tariff shall contain the words "The End" centered on the bottom of the last page.

[Eff ] (Auth: HRS ''269‑6, 271-9) (Imp: HRS ''271-9, 271-20, 271-21)

'6-63-11 Exceptions. In addition to ratings or rates that are based on classifications, a common carrier may also publish commodity rates, commodity zone rates, or rates by exception. Rates that are established as exceptions shall be prominently identified in the applicable tariff under the heading "Exceptions to Classification." The exceptions may also be published in a separate tariff. When exceptions are published in a separate tariff, specific reference to the exceptions shall be made in

all rate tariffs where the exceptions are applicable. [Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS ''271-9, 271-20, 271-21)

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'6-63-12 Joint routes and rates. Common carriers of property may establish joint routes and through rates, and shall establish reasonable rules governing joint routes and through rates. Interline revenues shall be divided by agreement between participating common carriers. All joint routes or through rates must comply with all the provisions of section 271-35, HRS. [Eff ]

(Auth: HRS ''269-6, 271-9) (Imp: HRS ''271-9, 271‑20, 271-21)

'6-63-13 Classification tariff. (a) A common carrier of property may file a separate classification tariff, where articles are grouped by classification and where rates for each classification are established by reference to other tariffs. A rate or rating shall be identified for each group. The tariff shall also contain an alphabetical list of all articles listed, unless the number of articles is so small that the tariff plainly discloses its contents. (b) Each common carrier of property with a classification tariff shall comply with the following rule, and shall incorporate the rule in the classification tariff:

If a tariff establishes a commodity rate,

the class rate on the same article between

the same points or zones via the same route

does not apply, unless the tariff that establishes the commodity rate explicitly

allows either the commodity or the class

rate to be used.

(c) All participating common carriers of property shall be named in the classification tariff. When a common carrier of property participates in a

classification tariff, the common carrier or its agent shall not publish class or commodity rates which duplicate or conflict with the rates in the classification tariff.

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(d) The classification tariff may also contain relevant rules. These rules shall precede the list of articles in the classification tariff, and shall be consecutively numbered and separately indexed. [Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS ''271-9, 271-20, 271-21)

'6-63-14 Order of precedence. (a) Rates based on time, weight, or mileage are permissible, and shall take precedence over all other types of rates.

(b) Commodity rates may be published in stated truckload or less-than-truckload quantities, and, if so published, shall take precedence over classification rates or exception rates or ratings.

(d) Point-to-point commodity rates shall take precedence over commodity zone rates or distance commodity rates.

(e) Commodity zone rates shall take precedence over distance commodity rates. [Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS ''271-9, 271‑20)

'6-63-15 Lowest rate applicable. (a) Notwithstanding section 6-63-14, common carriers of property shall conform to the following rule, and shall incorporate the rule in any tariff containing classification or commodity rates:

Whenever a classification rate and commodity rate are named between specific points, the lower of the rates is the lawful rate, unless some combination of classification rates or commodity

rates or classification and commodity rates makes an even lower rate, in which case the lowest rate or combination of rates is the applicable rate.

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(b) A common carrier of passengers shall conform to the following rule, and shall incorporate the rule in its tariff:

When a combination of fares makes a lower fare than the published through fare, the combination is the lawful fare and shall be applied.

[Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS ''271-9, 271-20)

'6-63-16 Tariff changes. Form of applications: A common carrier desiring to publish and apply rates, charges, rules, or conditions different from those previously filed by the common carrier or its agent shall file an application for a tariff change. An original and eight copies of the application shall be filed with the commission, and the application shall contain the following:

(1) Name of applicant (as shown on the certificate of public convenience and necessity) and address of principal office;

(2) Complete and detailed description of changes or additions sought. If the original tariff has a check sheet, the application shall also contain a revised check sheet that indicates all affected pages and revised tariff page or pages, showing all requested changes or additions;

(3) All points or zones to and from which the changes or additions are sought to be applied. The effect of the changes or additions, and the points or zones affected shall be clearly stated;

(4) Effective date of the changes or additions;

(5) Reasons for the change; and

(6) Revised tariff pages or supplements. Revised tariff pages and supplements must comply with the requirements of section 6‑63-9.

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(A) When tariffs are issued canceling a tariff or tariffs previously filed, the tariff number or numbers of the tariff or tariffs canceled must be shown in the left top corner immediately under the tariff number of the new tariff.

Example: PUC No. 2 - 2

Cancels

PUC No. 2 - 1;

(B) All revised tariff pages and supplements shall indicate changes from the existing tariffs by use of the following symbols, shown directly in the margin opposite each change:

(R) to denote reductions;

(A) to denote increases; and

(C) An amended page may be replaced by more than one page. [Eff ] (Auth: HRS ''269‑6, 271-9) (Imp: HRS ''271-9, 271-20, 271‑21)

'6-63-17 Service and protests. (a) Applications to change tariffs or to implement supplements shall be served in accordance with section 6-61-93 except for applications to implement on less than statutory notice in emergencies.

(b) Applications to implement on less than statutory notice in emergencies shall comply with section 6-63-18.

(c) Protests to applications shall be filed within the time specified in section 6-61-59, and shall comply with section 6-61-58. [Eff ] (Auth: HRS ''269-6, 271-9, 271-20) (Imp: HRS ''271‑20, 271-21)

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'6-63-18 Short notice. (a) The commission may grant requests for changes or additions to tariffs on less than thirty days' notice if it finds that an emergency exists, and the applicant has proven that delay in implementing the change or addition will result in substantial damage to the applicant or its shipper. A full statement of the need for implementation on less than statutory notice shall be a part of the application.

(b) A copy of the application and request for short notice shall be served on the consumer advocate and each carrier association that represents common carriers whose interests may be affected by the application. The commission may require service on other parties, as it deems appropriate.

(c) The commission shall take no action on the application earlier than three working days after service is made under subsection (b), so that parties can file protests or objections. [Eff ] (Auth: HRS ''269-6, 271-9, 271‑21) (Imp: HRS '271-21)

'6-63-19 Adoption of tariffs. (a) When a certificate of public convenience and necessity or a permit is transferred, the transferee may adopt the tariffs and other instruments issued by or on behalf of the transferor if consistent with the commission's order authorizing the transfer of the certificate of public convenience and necessity or permit. The adoption notice shall be a one-page document, 8-1/2 by 11 inches in size in the format shown as an example in Appendix C. An original and eight copies of the adoption notice shall be filed with the commission.

(b) Concurrently with the filing of an adoption notice with the commission, a copy of the adoption notice shall be furnished to each agent publishing

tariffs containing rates or other provisions in which the transferor common carrier participated.

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(c) After filing the adoption notice pursuant to subsection (a), the transferee shall supplement or reissue each tariff issued by the transferor, indicating that the tariff has been adopted by the transferee. The tariff supplement or reissue shall conform to the commission order authorizing the transfer.

(d) When a certificate of public convenience and necessity or a permit is transferred and the transferee does not elect to issue an adoption notice, the transferee shall file a temporary adoption notice and new tariff no later than ten days after the effective date of the commission order authorizing the transfer of the certificate of public convenience and necessity or permit. The new tariff shall become effective thirty days after the notice, unless suspended by the commission for a longer period. [Eff ] (Auth: HRS ''269-6, 271-9) (Imp: HRS ''271-9, 271-18, 271-20)

'6-63-20 Name change. A common carrier that changes its legal name without transfer of control shall immediately notify the commission in writing

of the change and shall amend its tariffs to show the new name of the company. The common carrier shall also provide written notification of the name change to all agents who have issued tariffs in which the common carrier participates, and the agents shall promptly change the name of the common carrier by tariff amendment. The tariff amendments shall show the new name of the common carrier and its former name; for example: "ABC Transportation Co. (formerly XYZ Trucking Co.)." [Eff ]

(Auth: HRS '' 269-6, 271-9) (Imp: HRS ''271-19, 271-26.5)

''6-63-21 to 23 (Reserved)

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SUBCHAPTER 3

CONTRACT CARRIER SCHEDULES

'6-63-24 Format and content. Schedules shall consist of:

(1) All of the terms, conditions, rates, fares, charges, and rules and other provisions applicable to service to be provided under the contract;

(2) Description of the zones in which, or points from and to which, the actual rates or charges apply;