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Terms Used In Hawaii Revised Statutes 271G-5

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by water. See Hawaii Revised Statutes 271G-5
  • Chapter: means this Water Carrier Law. See Hawaii Revised Statutes 271G-5
  • Commission: means the public utilities commission. See Hawaii Revised Statutes 271G-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise. See Hawaii Revised Statutes 271G-5
  • Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, and delivery, carriage, preservation, and all incidental services affecting these activities. See Hawaii Revised Statutes 271G-5
  • Trustee: A person or institution holding and administering property in trust.

As used in this chapter:

“Certificate” means a certificate of public convenience and necessity issued under this chapter to common carriers by water.

“Chapter” means this Water Carrier Law.

“Commission” means the public utilities commission.

“Document” includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the commission.

“Enforcement officer” means any person employed and authorized by the commission to investigate any matter on behalf of the commission.

“Person” or “persons” means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof.

“Rates” includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise.

“Related companies” means companies or persons that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the water carrier. The term “control”, in reference to a relationship between any person or persons and another person or persons, includes actual as well as legal control, and indirect as well as direct control.

“Transportation of persons” includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage.

“Transportation of property” includes every service in connection with or incidental to the transportation of property, including in particular its receipt, and delivery, carriage, preservation, and all incidental services affecting these activities.

“Vessel” means any watercraft or other artificial contrivance of whatever description that is used, or capable of being used, or intended to be used, as a means of transportation by water.

“Water carrier” or “common carrier by water” means any person who holds oneself out to the general public as engaging in the transportation by water of passengers or property for compensation within the State or between points within the State.