Hawaii Revised Statutes 271-11 – Copies of schedules, tariffs, contracts, etc., kept as public records; evidence
Terms Used In Hawaii Revised Statutes 271-11
- Chapter: means the Motor Carrier Law. See Hawaii Revised Statutes 271-4
- Commission: means the public utilities commission. 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 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise; provided that for transportation by motor vehicle of passengers, where the provision of transportation is part of a package that may include air fare, meals, attractions, and other services, "rates" shall only include the charges for the provision of transportation by motor vehicle. See Hawaii Revised Statutes 271-4
The copies of schedules and classifications and tariffs of rates, fares, and charges, and all contracts, agreements and arrangements between motor carriers filed with the public utilities commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers made to the commission as required under this chapter shall be preserved as public records in the custody of the commission (except any contract, agreement, or arrangement between a contract carrier by motor vehicle and a shipper shall only be made public as provided in section 271-25 ), and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the commission and in all judicial proceedings; and copies of and extracts from any of the schedules, classifications, tariffs, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the commission under the commission’s seal, shall be received in evidence with like effect as the originals.