BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF HAWAII
In the Matter of the Application of) ) WESTERN MOTOR TARIFF BUREAU, INC. ) {NON-DOCKETED) . ) On Behalf of Robert's Tours and ) Transportation, Inc., for Approval ) to Implement Certain Tariff Changes) on Short Notice. ) Application No. 4908-8-C, Filed on ) October 2, 2017. ) )
ORDER NO. 3 4 8 6 3
APPROVING REQUEST TO IMPLEMENT CERTAIN OAHU-BASED TARIFF CHANGES ON SHORT NOTICE
CD C~> Ti •nm*f ~cz r* m iE m o CO GD cn BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF HAWAII
In the Matter of the Application of) ) WESTERN MOTOR TARIFF BUREAU, INC. ) (Non-Docketed) ) On Behalf of Robert's Tours and ) Order No. 3 4 8 6 3 Transportation, Inc., for Approval ) to Implement Certain Tariff Changes) on Short Notice. ) Application No. 4908-8-C, Filed on ) October 2, 2017. ) )
APPROVING REQUEST TO IMPLEMENT CERTAIN OAHU-BASED TARIFF CHANGES ON SHORT NOTICE
By this Order, the commission approves
WESTERN MOTOR TARIFF BUREAU, INC.'S ("WMTB") request to
implement certain Oahu-based tariff changes to its Tariff No. 8-C
on short notice, as set forth in its Application No. 4908-8-C,
filed on October 2, 2017; provided that said tariff
changes shall take effect on October 16, 2017, which is
approximately sixteen days less than the thirty-day notice period
set forth in Hawaii Revised Statutes ("HRS") § 271-21(c) and
Hawaii Administrative Rules ("HAR") § 6-61-93(a).
WMTB filed its request on behalf of Robert's Tours and
Transportation, Inc., dba Roberts Hawaii Tours, a member carrier. I.
Background
For the island of Oahu:
1. Robert's Tours and Transportation, Inc., dba Roberts Hawaii Tours {"Robert's" or "RTT"), is authorized by its commission-issued Certificate of Public Convenience and Necessity No. 821-C to operate as a common carrier by motor vehicle of:
A. Passengers over irregular routes in the l-to-7,
8-to-25, and over-25 passenger classifications;
B. Passengers over regular routes in the over-25 passenger classifications, limited to certain geographical areas; and
C. Property in the specific commodities classification over irregular routes;^ and
2. SpeediShuttle, LLC ("SpeediShuttle"), is authorized by its commission-issued Certificate of Public
Convenience and Necessity No. 5668-C to operate as a common carrier by motor vehicle of passengers over irregular routes in the l-to-7,
8-to-25, and over-25 passenger classifications.^
^See In re Polynesian Adventure Tours, LLC, Robert's Tours and Transp., Inc., and Carry-All, Inc., Docket No. 2016-0160, Application, filed on June 24, 2016, at 6-7; and Order ,No. 33974, filed on October 12, 2016, at 4.
Application No. 4908-8-C SpeediShuttle currently operates the on-demand shuttle service concession at the Honolulu International Airport, pursuant to a contract with the State of Hawaii, Department of
Transportation {"DOT"), that is scheduled to expire on October 15, 2017.^ A copy of SpeediShuttle's existing, commission-approved tariff for its shared shuttle,
Honolulu International Airport service, is attached as Exhibit 1 to this Order.
On or around March 15, 2017, DOT issued a Request for
Proposals and Concession Agreement Relating to the Operation of
the On-Demand Shuttle Services Concession at the Honolulu
International Airport, Island of Oahu, State of Hawaii
(the "RFP").'*
On or about August 3, 2017, DOT awarded the Concession
Agreement to RTT. RTT and SpeediShuttle were apparently the only
two bidders that were qualified by DOT to submit Proposal Packages
in response to the RFP.^
2§ee In re SpeediShuttle, LLC, Docket No. 2016-0104, Decision and Order No. 34774, filed on August 30, 2017, at 1-2.
^SpeediShuttle's Civil Complaint, filed on October 4, 2017, in the First Circuit Court, in Civil No. 17-1-1621-10 JPC ("Civil Complaint"), at 3.
^Civil Complaint, at 3.
V ^Civil Complaint, at 3-6.
Application No. 4908-8-C 3 On September 27, 2017, WMTB filed Rate
Notice No, 4908-8-C, proposing certain Oahu-based tariff changes to its Tariff No. 8-C, on behalf of RTT, to take effect on
October 28, 2017. WMTB served a copy of Rate Notice No. 4908-8-C upon the Department of Commerce and Consumer Affairs, Division of
Consumer Advocacy ("Consumer Advocate").
Thereafter, on October 2, 2017, WMTB filed Application
No. 4908-8'C: (1) withdrawing Rate Notice No. 4908-8-C, filed on
September 27, 2017; and (2) replacing said rate notice with its
request to approve on short notice certain proposed Oahu-based
tariff changes to its Tariff No. 8-C, on behalf of RTT,
to take effect on October 9, 2017. As WMTB explains in the
subject application:
Carrier is filing a new on demand express shuttle for transfers from the airport to various locations island wide.
Application No. 4908-8-C, filed on October 2, 2017, Exhibit I.
WMTB served a copy of Application No. 4908-8-C upon the
Consumer Advocate. A copy of WMTB's subject application is
attached as Exhibit 2 to this Order.
On October 4, 2017, SpeediShuttle filed three different
sets of documents, one set with the commission and two sets with
the First Circuit Court. Specifically:
1. SpeediShuttle filed a protest letter with the
commission, objecting to the proposed tariff changes reflected in
Application No. 4908-8-C WMTB filed Application No. 4908-8-C, filed on October 2, 2017.
While SpeediShuttle refers to four exhibits (Exhibits A to D) and
an' enclosure, a draft copy of a "Circuit Court action that
SpeediShuttle is filing concurrently with [its] tariff protest
letter" is the only document that is attached to SpeediShuttle's protest letter.®
2. SpeediShuttle filed a civil complaint with the
First Circuit Court (Civil No. 17-1-1621-10 JPC)(i.e., the "Civil
Complaint"), naming as defendants Robert's Hawaii, Inc.; RTT;
the State of Hawaii, Director of Transportation; and various
DOE defendants.
SpeediShuttle requests that the court enter an order
which enjoins RTT "from operating the HNL On-Demand Shuttle Service
Concession until it is able to deliver the service promised in its
Proposal Package, including the minimum 50 2018 Vehicle Fleet and
shared-shuttle airport transfers to all destinations island wide
using the 2018 Vehicle Fleet [.]"'^ In the alternative,
SpeediShuttle requests that the court "enter an order:
(i) rescinding and canceling the Contract between Roberts and DOT;
(ii) ordering DOT to reissue the RFP; and (iii) ordering the DOT
^SpeediShuttle's letter, filed on October 4, 2017, at 3
“^Civil Complaint, at 13.
Application No. 4908-8-C 5 to award the HNL On-Demand Shuttle Service Concession to the highest bidder pursuant to HRS § 102-9 [.]"®
3. SpeediShuttle also concurrently filed a motion for temporary restraining order with the First Circuit
Court (Civil No. 17-1-1621-10 JPC), naming the same defendants.
Subsequently, on October 6, 2017, SpeediShuttle re-filed
its protest letter with the commission, explaining:
This letter was originally sent on October 4, 2017. The exhibits were inadvertently excluded, and Robert's and the Consumer Advocate were not copied. This copy of the letter and exhibits are being delivered to Robert['3s and the Consumer Advocate. Other than these changes noted in this footnote to this letter is identical to the letter sent October 4, 2017.
SpeediShuttle's protest letter, re-filed on October 6, 2017.
The commission notes that SpeediShuttle's re-filed
protest letter includes four exhibits (Exhibits A to D) , plus a
file-stamped copy of SpeediShuttle's Civil Complaint, in place of
the draft version that was attached as the sole enclosure to
SpeediShuttle's initial protest letter, dated October 4, 2017.
SpeediShuttle, by its re-filed protest letter,
requests that the commission deny the proposed tariff changes,
hold a hearing on the proposed tariff changes, and temporarily
suspend the proposed tariff changes pending a hearing.
®Civil Complaint, at 13.
Application No. 4908-8-C On the afternoon of October 9, 2017, the Honorable
Jeffrey P. Crabtree held a hearing on SpeediShuttle's motion for
temporary restraining order. According to the Court Minutes of
said hearing: (1) the parties were instructed to file supplemental briefs by October 11, 2017, 4:00 p.m.; and (2) the "Court will not
set hearing date at this time."^
According to WMTB, RTT's contract with the DOT,
Airports Division, is scheduled to commence on October 16, 2017.
II.
Request for Approval on Short Notice
The just and reasonable standard applies to
proposed tariff changes filed by a motor carrier. In this regard,
HRS § 271-20 states:
Rates, fares and charges of common carriers by motor vehicle. (a) It shall be the duty of every common carrier of passengers by motor carrier to provide safe and adequate service, equipment, and facilities for the transportation of passengers and to establish, observe, and enforce just and reasonable rates, fares, and charges, and just and reasonable regulations and practices relating thereto, and to the issuance, form, and substance of tickets, the carrying of personal, sample, and excess baggage, the facilities for
^See Hawaii State Judiciary's Public Access Non-Criminal Case Information website (also known as "Ho'ohiki"), Case ID No. 1CC171001621.
^'^Application No. 4908-8-C, Exhibit II.
Application No. 4908-8-C transportation, and all other matters relating to or connected with the transportation of passengers.
(b) It shall be the duty of every common carrier of property by motor vehicle to provide safe and adequate service, equipment, and facilities for the transportation of property and to establish, observe, and enforce just and reasonable rates, charges, and classifications, and just and reasonable regulations and practices relating thereto, and to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property.
(c) All charges made for any service rendered by any common carrier by motor vehicle in the transportation of passengers or property or in connection therewith shall be just and reasonable, and every unjust and unreasonable charge for such service or any part thereof, is prohibited and declared to be unlawful. It shall be unlawful for any common carrier by motor vehicle to make, give, or cause any undue or unreasonable preference or advantage to any particular person, locality, region, district, island, or description of traffic, in any respect whatsoever; or to subject any particular person, locality, region, district, island, or description of traffic to any unjust discrimination or undue or unreasonable prejudice or disadvantage in any respect whatsoever; provided that this subsection shall not be construed to apply to discrimination, prejudice, or disadvantage to the traffic of any other carrier of whatever description.
(d) Any person, organization, or body politic may make complaint in writing to the public utilities commission that any such rate, fare, charge, classification, rule, regulation, or practice, in effect or proposed to be put into effect, is or will be in violation of this section or of section 271-21. Whenever, after hearing, upon complaint or an investigation of its own initiative, the commission shall be of the opinion that any individual rate, fare, or charge,
Application No. 4908-8-C demanded, charged, or collected by any common carrier or carriers by motor vehicle for transportation, or any classification, rule, regulation, or practice whatsoever of the carrier or carriers, affecting such rate, fare, or charge or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial, it shall determine and prescribe the lawful rate, fare, or charge or the maximum or minimum or maximum and minimum rate, fare, or charge thereafter to be observed, or the lawful classification, rule, regulation, or practice thereafter to be made effective.
(e) Whenever there is filed with the commission any schedule stating a new rate, fare, charge, or classification for the transportation of passengers or property by a common carrier or carriers by motor vehicle, or any rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the commission may upon complaint of any interested person or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, enter upon a hearing concerning the lawfulness of the rate, fare, or charge, or the rule, regulation, or practice, and pending the hearing and the decision thereon the commission, by filing the schedule and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may from time to time suspend the operation of the schedule and defer the use of the rate, fare, or charge, or the rule, regulation, or practice, but not for a longer period than five months beyond the time when it would otherwise go into effect, and after hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed changed rate, fare.
Application No. 4908-8-C or charge, or classification, rule, regulation, or practice, shall go into effect at the end of such period; provided that this subsection shall not apply to any initial schedule or schedules filed by any carrier in bona fide operation when this section takes effect. At any hearing involving a change in a rate, fare, charge, or classification, or in a rule, regulation, or practice, the burden of proof shall be upon the carrier to show that the proposed changed rate, fare, charge, classification, rule, regulation, or practice, is just and reasonable.
(f) In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of the carrier, either goodwill, earning power, or the certificate under which the carrier is operating; and in applying for and receiving a certificate under this [chapter] any carrier shall be deemed to have agreed to the provisions of this subsection on its own behalf and on behalf of all transferees of the certificate.
(g) In the exercise of its power to prescribe just and reasonable rates, fares, and charges for the transportation of passengers or property by common carriers by motor vehicle, and classifications, regulations, and practices relating thereto, the commission shall give due consideration, among other factors, to the effect of rates upon the movement of traffic by the carrier or carriers for which the rates are prescribed; to the need, in the public interest, of adequate and efficient transportation service by the carriers at the lowest cost consistent with the furnishing of the service; and to the need of revenues sufficient to enable the carriers, under honest, economical, and efficient management, to provide the service.
(h) Nothing in this section shall be held to extinguish any remedy or right of action not inconsistent herewith.
Application No. 4908-8-C HRS § 271-20 (brackets in original) ; see also HRS 271-21, governing tariffs of common carriers by motor vehicle.
With respect to the effective date of a motor carrier's proposed tariff changes, HRS § 271-21(e) states:
(c) No change shall be made in any rate, fare, charge, or classification, or any rule, regulation, or practice affecting the rate, fare, charge, or classification, or the value of the service thereunder, specified in any effective tariff of a common carrier by motor vehicle; except after thirty days' notice of the proposed change filed and posted in accordance with subsection (a) of this section. The notice shall plainly state the change proposed to be made and the time when it will take effect. The commission may in its discretion and for good cause shown allow the change upon notice less than that herein specified or modify the requirements of this section with respect to posting and filing of tariffs either in particular instances or by general order applicable to special or peculiar circumstances or conditions.
HRS § 271-21(e).
With respect to a motor carrier's request for
proposed tariff changes to take effect on less than thirty days
notice, HAR § 6-63-18 provides:
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
Application No. 4908-8-C 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.
HAR § 6-63-18; see also HRS § 271-21(c) (less than thirty-day notice
for good cause shown); and HAR § 6-61-93(a)(thirty-day notice,
unless authorized otherwise by the commission).
WMTB, in support of its request for approval on short
notice, states:
Carrier, Robert's Tours and Transportation has a contract in place with the Department of Transportation Airports Division. This contract is scheduled to begin on October 16, 2017. Without the short notice filing it will put a significant hardship on incoming travelers. Filing under the normal statutory notice conditions, which require 30 days for approval, will leave the carrier without necessary on demand rates to provide the service. It is for this reason that we are filing this emergency 7 day short notice request with an effective date of October 9, 2017.
Application No. 4908-8-C, Exhibit II.
SpeediShuttle counters that expedited approval pursuant
to HAR § 6-63-18 is not justified because RTT has not shown
substantial damage if the commission's approval of the proposed
tariff changes is delayed.
Application No. 4908-8-C SpeediShuttle further asserts that the proposed
tariff changes:
1. Discriminates between visitors and residents and other members of the travelling public in violation of
HRS § 271-20;
2. Fails to comply with HAR § 6-63-10(5) in that the
terms "Waikiki Resorts" and "Ko Olina Resorts" are unduly ambiguous
and not defined, and thereby allows for further discrimination between individual travelers, in violation of HRS § 271-20; and
3. Do not provide for island-wide shared ride shuttle
service, as recently promised by RTT to the DOT, Airports Division,
in RTT's bid for the Honolulu International Airport on-demand
shuttle service concession.
Here, the commission finds that: (1) WMTB's proposed
Oahu-based tariff changes are just and reasonable; and (2) good
cause appears evident by the existence of an emergency
and substantial damage to passengers in the event WMTB's
proposed Oahu-based tariff changes are delayed by approximately
sixteen days, until November 2, 2017.
Accordingly, the commission approves WMTB's request
to implement its proposed Oahu-based tariff changes to
its Tariff No. 8-C on short notice, as set forth in its
Application No. 4908-8-C, filed on October 2, 2017 (see Exhibit 2,
attached herein); provided that said tariff changes shall take
Application No. 4908-8-C 13 effect on October 16, 2017, which is approximately sixteen days less than the thirty-day notice period set forth in
HRS § 271-21(c) and HAR § 6-61-93(a).
The commission, in support of its approval,
specifically finds and concludes:
1. Robert's and SpeediShuttle are both member carriers of WMTB, in turn, is a motor carrier tariff bureau that
is organized pursuant to HRS § 271-35 (c).
2. WMTB, on behalf of its member carrier Robert's,
proposes to implement a new on-demand shuttle service for transfers
from the Honolulu International Airport to various locations
around Oahu. Specifically, WMTB's proposed Oahu-based
tariff changes to its Tariff No. 8-C, consist of three pages
(see Exhibit 2, attached herein), to wit:
A. The first page lists the routes and per person rates
for Robert's proposed express shuttle service from the Honolulu
International Airport to five vicinities: Waikiki Resorts,
Honolulu Pier, Kahala Resort, Ko Olina Resorts, and Turtle Bay
Resorts (see Exhibit 2, 3*^*^ Revised Page 65-E, attached herein) .
B. The second and third pages list the routes and
per vehicle rates (maximum four passengers) for Robert's proposed
express shuttle service from the Honolulu International Airport to
i^See Exhibits 1 and 2, attached herein
Application No. 4908-8-C approximately thirty vicinities around Oahu by zip code and corresponding area descriptions (see Exhibit 2, Revised
Page 65-EE, and Original Page 65-EE-l, attached herein).
3. On balance, Robert's proposed routes and rates
(per person and per vehicle/maximum four passengers) appear
comparable to the routes and rates (per person and four-passengers)
set forth in SpeediShuttle's existing, commission-approved tariff
for its shared shuttle, Honolulu International Airport service
(see Exhibit 1, attached herein).
Specific, non-exhaustive examples in this
regard include:
SpeediShuttle's RTT's Route SpeediShuttle' S’ RTT’s Per Route Description Description Per Person Rate Person Rate
Waikiki Area Waikiki $15.48 $16.00 Resorts Resorts
Ko Olina Area Ko Olina $21.00 $26.00 Resorts Resorts
Turtle Bay Turtle Bay $167.34 $88.00* Resort Resort
*Per person, with a minimum of 2 passengers
SpeediShuttle's RTT's Route SpeediShuttle's RTT's Route Description Description 4-Passenqer Rate4-Passenqer Rate
96701 96701 - Aiea, $25.50 $25.00 Halawa, Waimalu
96712 96712 - North $105.05 $105.00 Shore, Sunset Beach, Pupukea, Haleiwa, Kawailoa, Waialua
■ Application No. 4908-8-C 15 96782 96782 - Pearl $35.80 $37.00 City
96789 96789 - Waipio, $67.67 $63.00 Mililani
96819 96819 - Honolulu$21.55 $22.00 - Moanalua, Kalihi, Kapalama
96826 96826 - Honolulu$38.35 $33.00 - Kapiolani, McCully, University, Moilili
Compare Exhibits 1 and 2, attached herein.
4. The commission, in making its specific finding number 3, above, recognizes that SpeediShuttle's existing rates include the general excise tax, DOT airport fee, and the commission's fee.^^ Conversely, Robert's proposed rates exclude the general excise tax, DOT airport fee, and the commission' s fee .
5. Robert's proposed routes and rates (per person and per vehicle/maximum four passengers), on its face, do not distinguish between "visitors and residents and other members of the travelling public." In other words, Robert's passengers will be assessed the same rate for a specified route and destination, either as a single-passenger or as part of a group of two, three, or four-passengers, regardless of whether said passenger is a
^^see Exhibit 1, note 2, attached herein
^^See Exhibit 2, attached herein.
Application No. 4908-8-C non-state of Hawaii resident or a State of Hawaii resident who
resides on Oahu or on a neighbor island.
6. SpeediShuttle's existing, commission-approved
tariff for its shared shuttle, Honolulu International Airport
service lists the routes and rates to: (A) five descriptive
destinations (Waikiki Area Resorts; Kahala Resort; Ko Olina Area
Resorts; Kapolei Town Hotels and Universities; and Turtle Bay
Resort); and (B) approximately twenty-eight vicinities around Oahu
solely by zip code, with no corresponding area descriptions
(see Exhibit 1, attached herein).
7. On balance, Robert's designations of
"Waikiki Resorts" and "Ko Olina Resorts" as ending destinations
are comparable to SpeediShuttle's existing designations of
"Waikiki Area Resorts" and "Ko Olina Area Resorts" as ending
destinations. Moreover, Robert's zip code and corresponding area
descriptions, as a whole, are more descriptive than
SpeediShuttle's zip code only designations.
8. SpeediShuttle contends that WMTB's proposed
Oahu-based tariff changes do not provide for island-wide shared
ride shuttle service, as recently promised by RTT to the DOT,
Airports Division, in RTT's bid for the Honolulu International
Airport on-demand shuttle service concession. The commission,
in response, notes that SpeediShuttle's contention is: (A) the
subject of SpeediShuttle's pending Civil Complaint; (B) within
Application No. 4908-8-C 17 DOT'S purview, as an alleged, recent promise by RTT to the DOT,
Airports Division; and (C) beyond the scope of the commission's review of WMTB's Application No. 4908-8-C.
9. RTT's contract with the DOT, Airports Division,
is scheduled to commence on October 16, 2017.^“* Accordingly,
the commission's approval of WMTB's request to implement its proposed Oahu-based tariff changes on short notice, effective from
October 16, 2017, will enable Robert's to commence with its on-
demand shuttle service for transfers from the Honolulu
International Airport to various locations around Oahu, without
interruption to passengers who opt to utilize said service. Such
a seamless transition is consistent with the public interest of
providing adequate and efficient passenger transportation service
at the lowest cost, consistent with the furnishing of said service
(see HRS § 271-20(e)).
10. Conversely, delaying until November 2, 2017,
the effective date of WMTB's proposed Oahu-based tariff changes,
will likely result in an approximate sixteen-day void,
before Robert's commences with the subject service. Such a delay
in service is not in the public interest.
^^Application No. 4908-8-C, Exhibit II
Application No. 4908-8-C III.
Orders
THE COMMISSION ORDERS:
1. WMTB's request to implement certain Oahu-based tariff changes to its Tariff No. 8-C on short notice, as set forth
in its Application No. 4908-8-C, filed on October 2, 2017,
is approved; provided that said tariff changes shall take effect on October 16, 2017, which is approximately sixteen days less than
the thirty-day notice period set forth in HRS § 271-21(c) and
HAR § 6-61-93 (a). WMTB filed its request on behalf of
Robert's Tours and Transportation, Inc., dba Roberts Hawaii Tours,
a member carrier.
Application No. 4908-8-C 2. WMTB shall promptly re-file its revised tariff sheets, with the applicable issued and effective dates.
DONE at Honolulu, Hawaii OCT 1 1 2017
PUBLIC UTILITIES COMMISSION OF THE STATE OF HAWAII
Randall Y
Lorraine Akiba Commissioner
ij^es P. Griffin, Commissi
APPROVED AS TO FORM:
Michael Azama'
Application No. 4908-8-C.kmc
Application No. 4908-8-C EXHIBIT 1
SPEEDISHUTTLE'S EXISTING, COMMISSION-APPROVED TARIFF FOR ITS SHARED SHUTTLE, HONOLULU INTERNATIONAL AIRPORT SERVICE HAW-PUC 24 WESTERN MOTOR TARIFF BUREAU, INC. 8th Revised Page 65-B Agent Cancels 7th Revised Page 65-B LOCAL AND PROPORTIONAL PASSENGER AND TOUR TARIFF WMT 8C
SECTION 2 ISLAND OF OAHU SECTION 2
TRANSFERS - Independent PART D PART D Actions
SHARED SHUTTLE TRANSFER MIN Number of Passengers; Rate in Dollars and Cents NAME AND TNFR ROUTE airport TRANSFER-OW 1 2 3 4 5 6 7 A/P TO: 251-3-1 96701 1 21.00 22.51 24.00 25.50 42.00 45.01 48.00
96706 1 47.57 50.98 54.37 57.77 95.14 101.94 108.74
96707 1 50.49 54.10 57.70 61.30 100.97 108.19 115.39
96712 1 86.52 92.69 98.87 105.05 173.02 185.38 197.74
96717 1 82.84 88.77 94.69 100.60 165.69 177.53 189.37
96730 1 67.69 72.54 77.38 82.21 135.41 145.08 154.74
96731 1 111.30 119.26 127.19 135.16 222.60 238.51 254.41
96734 1 53.16 56.97 60.75 64.55 106.33 113.92 121.51
96744 1 47.68 51.08 54.48 57.88 95.34 102.16 108.97
96762 1 94.28 101.01 107.74 114.48 188.55 202.02 215.48
96782 1 29.48 31.58 33.68 35.80 58.95 63.17 67.38
96786 1 55.20 59.15 63.08 67.03 110.41 118.29 126.18
96789 1 55.73 59.71 63.70 67.67 111.46 119.43 127.39
96791 1 82.11 87.98 93.84 99.71 164.23 175.95 187.68
96792 1 78.68 84.30 89.92 95.54 157.37 168.60 179.83
96795 1 56.13 60.14 64.15 68.16 112.27 120.29 128.29
96797 1 35.90 38.46 41.03 43.59 71.79 76.94 82.07
(1) Applies only via SPS. (2) GET, airport and PUC fees are included with price. *(3) CANCELLATION POLICY More than 2 hours prior to scheduled pick up - full refund Less than 2 hours prior to scheduled pick up - no refund
(continued on S'** revised page 65-BB)
ISSUED: June 30, 2017 EFFECTIVE: July 31, 2017
KL/dc RN 4895-8-C ISSUED BY KERRY LEWIS, ISSUING OFFICER P.O. BOX 30268 65-B HONOLULU, HI 96020 FOR EXPLANATION OF ABBREVIATIONS, REFERENCES AND SYMBOLS USED BUT NOT EXPLAINED HEREON, SEE LAST PAGE. HAW-PUC 24 WESTERN MOTOR TARIFF BUREAU, INC. 6th Revised Page 65-BB Agent Cancels 5th Revised Page 65-BB LOCAL AND PROPORTIONAL PASSENGER AND TOUR TARIFF WMT 8C
SECTION 2 ISLAND OF OAHU SECTION 2
PART D TRANSFERS - Independent Actions PART D
TRANSFER NAME AND SHARED SHUTTLE ROUTE MIN Number of Passengers; Rate in Dollars and Cents TNFR
AIRPORT TRANSFER-OW 1 2 3 4 5 6 7 A/P TO: 251- 3-1 96813 1 24.59 26.35 28.09 29.84 49.16 52.67 56.19
96814 1 26.03 27.88 29.75 31.60 52.05 55.79 59.49
96816 1 35.49 38.04 40.57 43.10 70.99 76.05 81.12
96817 1 20.11 21.54 22.98 24.42 40.21 43.09 45.96
96818 1 14.25 15.26 16.28 17.30 28.50 30.54 32.57
96819 1 17.75 19.01 20.29 21.55 35.49 38.04 40.57
96821 1 43.92 47.07 50.20 53.34 87.85 94.12 100.40
96822 1 29.30 31.40 33.49 35.58 58.60 62.79 66.97
96825 1 54.63 58.52 62.41 66.32 109.23 117.03 124.84
96826 1 31.58 33.84 36.08 38.35 63.16 87.66 72.17
96863 1 59.66 63.92 68.19 •72.44 119.32 127.85 136.38
Waiki)
Kahala Resort 1 19.12 38.25 57.37 76.49 95.62 114.74 133.86
KoOlina Area Resorts 1 21.00 42.00 63.00 84.00 105.00 126.00 147.00 (a]
Kapolei Town Hotels 1 25.00 50.00 75.00 100.00 125.00 150.00 175.00 and Universities
Turtle Bay Resort 1 167.34 167.34 167.34 167.34 191.24 191.24 215.14
(1) Applies only via SPS. {2) GET, airport and PUC fees are included with price. (3) CANCELLATION POLICY More than 2 hours prior to scheduled pick up - full refund Less than 2 hours prior to scheduled pick up - no refund
(continued from 8th revised page 65-B)
ISSUED: August 7, 2017 EFFECTIVE: September 7, 2017
KL/dc RN 4899-8-C ISSUED BY KERRY LEWIS, ISSUING OFFICER P.O. BOX 30268 65-BB HONOLULU, HI 96820 FOR EXPLANATION OF ABBREVIATIONS, REFERENCES AND SYMBOLS USED BUT NOT EXPLAINED HEREON, SEE LAST PAGE. EXHIBIT 2
WMTB'S APPLICATION NO. 4908-8-C, FILED ON OCTOBER 2, 2017, ON BEHALF OF ROBERT'S TOURS AND TRANSPORTATION, INC. WESTERN MOTOR TARIFF BUREAU, INC. P LED P.O. BOX 30268 HONOLULU, HAWAII 96820 Phone: 836-5874 Fax: 834-1732 UnOCT -2'P 3- 20
#3LiC UTILITIES eOMMlS^^ON October 2. 2017
Public Utilities Commission State of Hawaii 465 So. King Street. #103 Honolulu, HI 96813
To whom it may concern,
We formally withdraw Rate Notice 4908-8-C dated September 27 2017 and replace it with the enclosed Short Notice Authority Application No. 4908-8-C dated October 2, 2017.
Kerry Lewis Western Motor Tariff Bureau, Inc. WESTERN MOTOR TARIFF BUREAU, INC. P.O. BOX 30268 HONOLULU, HI 96820 Phone: 836-5874 Fax: 834-1732
Application No. 4908-8-C Date: October 2, 2017
Public Utilities Commission State of Hawaii 465 So. King Street Honolulu, Hawaii 96813
SHORT NOTICE AUTHORITY APPLICATION FOR TARIFF CHANGE
1. Western Motor Tariff Bureau, Inc., Agent, by Kerry Lewis, Manager, for and on behalf of Robert’s Tours and Transportation, party to Statewide Tariff 8-C, does hereby petition the Public Utilities Commission that it be permitted under Chapter 271, Section 21C of the Motor Carrier Act 121, SLH 1961, as amended, to put in ' force the following tariff provisions to become effective * 7 Days * after the filing thereof with the Public Utilities Commission.
2. Exhibit 1 attached hereto and made a part hereof contains the changes desired, and
3. Also shows zones and points affected, and
4. Will also show a list of carriers publishing a separate tariff, if any.
5. The date on which the changes are sought to be made effective is October 9, 2017.
6. Statement of urgency for this application for less than statutory notice, see Exhibit II attached hereto and made a part hereof.
In view of the foregoing circumstances' and conditions, your petitioner respectfully requests that the changes herein sought on less than statutory notice be granted. 1 hereby certify that the foregoing is true and correct to the best of my knowledge.
I also hereby certify that I have served two copies of this-application on the Division of Consumer Advocacy by U.S. Mail, postage prepaid,'this date.
Kerry LewisTManager Western Motor Tariff Bureau Inc. Application No. 4908-8-C Date: October 2, 2017
EXHIBIT I
The following pages, copies attached, of Western Motor Tariff Bureau, inc. Tariff 8-C HAW-PUC 24 is being published to reflect the following changes listed hereon.
3"^ Revised Page 65-E: Carrier is filing a new on demand express shuttle for transfers from the airport to various locations island wide. 2^^ Revised Page 65-EE: Carrier is filing a new on demand express shuttle for transfers from the airport to various locations island wide. Original Page 65-EE-1; Carrier is filing a new on demand express shuttle for transfers from the airport to various locations island wide
EXHIBIT II
Justification; Carrier, Robert’s Tours and Transportation has a contract in place with the Department of Transportation Airports Division. This contract is scheduled to begin on October 16, 2017. Without the short notice filing it will put a significant hardship on incoming travelers. Filing under the normal statutory notice conditions, which require 30 days for approval, will leave the carrier without necessary on demand rates to provide the service. It is for this reason that we are filing this emergency 7 day short notice request with an effective date of October 9. 2017. WESTERN MOTOR TARIFF BUREAU, INC. 3rd Revised Page 65-E HAW-PUC 24 Cancels Agent 2nd Revised Page 65-E LOCAL AND PROPORTIONAL PASSENGER AND TOUR TARIFF WMT 8C
ACTION 2 ISLAND OF OAHU SECTION 2
PART D TRANSFERS - Independent Actions PART D
ROBERTS HAWAII EXPRESS SHUTTLE TNFR A/P TO: MIN RATE PER PERSON '254 (1) 96815 - WAIKIKI RESORTS 1 $16.-00
96813 - PIER - HONOLULU 1 $16.00
96816 - KAHALA RESORT 1 $26.00
^5707 - KOOLINA RESPORTS 1 $26.00
96731 - TURTLE BAY RESORT 2 $:88 .00
(I) Applies only via RBT
j ISSUED: October 2., ,2017 EFFECTIVE: October 9, 2017
KL/dc RN 4908-8-C ISSUED BY KERRY LEWIS, ISSUING OFFICER . P.O. BOX 30268 65-E BONOLXILU, HI 96820 FOR EXPLANATION OF ABBREVIATIONS, REFERENCES AND SYMBOLS USED BUT NOT EXPLAINED HEREON, SEE LAST PAGE, HAW-PUC 24 WESTERN MOTOR TARIFF BUREAU, INC. 2nd Revised Page 65-EE Agent Cancels LOCAL AND PROPORTIONAL PASSENGER AND TOUR TARIFF WMT 8C 1st Revised Page 65-EE
-SECTION 2 ISLAND OF OAHU SECTION 2
PART D TRANSFERS - Independent Actions PART D
ROBERTS HAWAII EXPRESS SHDTTLE TNFR
A/P TO: MIN RATE PER ♦254-1 VEHICLE U) (2)
96701 - AIEA, HALAWA, WAIMALD 1 $2 5: .00'
96706 - EV7A BEACH, EWA GENTRY, EWA VILLAGES, IROQOOIS POINT 1'
96707 - KAPOLEI, KOOLINA, MAKAKILO 1 S81-;.p.O
''\6712 - NORTH SHORE, SONSET BEACH, POPOKEA, HALEIWA, KAWAILOA, WAIALDA, SUNSET BEACH ONLY 1 S10 5:.: 00
96717 - NORTH WINDWARD, HADOLA, KAHANA, PUNALDO 1 $a-i5.:oo
96730 - NORTH WINDWARD KAA'AWA 1 S115;-0'0
96731 - NORTH WINDWARD MALAEKAHANA (KAHOKU) 1 5175.iOO
'^6734 - KAILUA, MAONAWILI, NORFOLK, LANIKAI 1 S8l.;00
96744 - KANEOHE, AHIUMAND, HEEIA, KAHALUO, WAIKANE ..1
96762 - HONOLULU, LAIE, HAOULA 1 515;7,.:00 $37^.0'0 96782 - PEARL CITY, 1
96786 - WAHIAWA (SCHOFIELD) 1 S7'8:.io'q
96789 - MItILANI, WAIPIO 1 $63 ;'00 I ^6791 - WAIALDA 1 $115.-0,0
96792 - MAKAHA, MAKAHA VALLEY, MAILE, WAIANAE, NANAKOLI 1 $136-.-00
96795 - WAIMANALO 1 $78,.i0.0
96797 - WAIPAHU, WAIKELE (WAIPIO) 1 $48.;00
96813 - HONOLULU - PUNCHBOWL, PACIFIC HEIGHTS, PAUOA VALLEY, MAKIKI HEIGHTS, DOWNTOWN 1 $37.00 BDSINESS DISTRICT \ ^3814 - HONOLULU - ALA MOANA, MAKIKI, KAPIOLANI 1 $33.:0,0
96815 - HONOLULU- WAIKIKI, KAPAHULO, DIAMOND HEAD - NON RESORT 1 $42..00
(1) Applies only via RBT (2) Maximum 4 passengers
Continued on Page 65-EE-l
^ ISSUED; October 2,, 201:7 EFFECTIVE: October 9, 2017
KL/dC RN 4908-8-C • ISSUED BY KERRY LEWIS, ISSUING OFFICER P.O. BOX 30268 65-BE HONOLULU, HI 96820
FOR EXPLANATION OF ABBREVIATIONS, REFERENCES AND SYMBOLS USED BUT NOT EXPLAINED HEREON, SEE LAST PAGE. HAW-PUC 24 WESTERN MOTOR TARIFF BUREAU, INC. Original Page 65~EE-1 Agent LOCAL AND PROPORTIONAL PASSENGER AND TOUR TARIFF WMT 8C
' 'TION 2 ISLAND OF OAHU SECTION 2
PART D TRANSFERS - Independent Actions PART D
ROBERTS HAWAII EXPRESS SHUTTLE TNFR
A/P TO: MIN RATE PER *254-1 VEHICLE (1) (2) 96816 - HONOLULU - KAHALA 1 ■$4i::o6
96816 - HONOLULU- DIAMOND HEAD, KAPAHDLU, PDUPANINI, ST. LOUIS, WILHELMINA, MAUNALANI 1 542MP0 HEIGHTS, KAHALA, BLACK POINT, KAIMOKI, PALOLO
•''“■-917 - HONOLULU - KAMEHAMEHA HEIGHTS, KAPALAMA, LILIHA, ALEWA HEIGHTS, OLD PALI, DOWSETT, 1 S37i.;bo jANO r
96818 - HONOLULU - ALIAMANU, SALT LAKE, FOSTER VILLAGE, HALABA 1 S22i.i00
96819 - HONOLULU - MOANALUA, KALIHI, KAPALAMA 1 $22:.b0
J»6821 - HONOLULU - WAIALAE IKI S NOI, AINA HAINA, KAI NANI, HAWAII LOA, PAIKO LAGOON, NIU 1 S60u!00. ''■.ley, KULIOUOU, KALANAI IKI ...... —......
96822 - HONOLULU - MAKIKI, TANTALUS, MANOA, UNIVERSITY”, NOUANU-PUNCHBOWL, PONAHOO, JUDD 1 S4ii..00 HILLSIDE, WOODLAWN
9682S - HONOLULU - HAWAII KAI, PORTLOCK, KOKO KAI, NAWILIWILI 1 S7i;;;00
96826 - HONOLULU - KAPIOLANI, MCCULLY, UNIVERSITY, MOILILI 1 S3-3;:-:00
96063 - HONOLULU - MARINE CORPS BASE HAWAII 1 $97.:00
Applies only via RBT Maximum 4 passengers
Continued from Page 65-EE
ISSUED: October; ,2;>; 2U1;7 EFFECTIVE: October 9, 2017
KL/dc RN 4908-8-C ISSUED BY KERRY LEWIS, ISSUING OFFICER P.O. BOX 30268 65-BE-l HONOLULU, HI 96820 FOR EXPLANATION OF ABBREVIATIONS, REFERENCES AND SYMBOLS USED BUT NOT EXPLAINED HEREON, SEE LAST PAGE. WESTERN MOTOR TARIFF BUREAU, INC. P.O. Box 30268 Honolulu, Hawaii 96820 —» t a r" Telephone (808) 836-5874 Fax; (808) 834-ip2| L t U Toll free; 866.585.5874
PUBLIC UTILITIES COMMISSION Date;anocT-2>P October 2, 2017 State of Hawaii 465 South King Street, First Floor Transmittafife&ki Honolulu, Hawaii 96813 m
The accompanying tariff(s) are sent to you for filing in compliance with the Public Utilities Act of the State of Hawaii, issued by: Kerry Lewis, Issuing Officer and bearing;______
HAWAII TARIFF NO. EFFECTIVE DATE PAGE SUPPLEMENT NO. PUC NO. NUMBER
3R-65-E Octobers, 2017 2R-65-EE Octobers, 2017 0-65-EE-1 Octobers, 2017
and are concurred in all carriers named therein as participants under continuing concurrences or Powers of Attorney now on file with the Public Utilities Commission of the State of Hawaii.
Yours^uly, Please acknowledge receipt on duplicate and forward to; Kerry Lewis P.O. Box 30268 Honolulu, Hawaii 96820 Lewis Tariff Issuing Officer HAW-PUC 24 WESTERN MOTOR TARIFF BUREAU, INC. 3rd Revised Page 65-E Agent Cancels 2nd Revised Page 65-E LOCAL AND PROPORTIONAL PASSENGER AND TOUR TARIFF WMT 8C
•ICTION 2 ISLAND OF OAHU SECTION 2
PART D TRANSFERS - Independent Actions PART D
ROBERTS HAWAII EXPRESS SHUTTLE TNFR A/P TO: MIN RATE PER PERSON '254 (1) 96815 - WAIKIKI RESORTS 1
96813 - PIER - HONOLULU 1 $16,.'00.
96816 - KAHALA RESORT 1 $26.00 \ 5707 - KOOLINA RESPORTS 1 $26:0,0
96731 - TURTLE BAY RESORT 2 SBB.OO
(1) Applies only via RBT
^ ISSUED: October .2, .2017 EFFECTIVE: October 9, 2017
KL/dc RN 4908-8-C ISSUED BY KERRY IiEWlS, ISSUING OFFICER P.O. BOX 3026B 65-E HONOLULU, HI 96820
FOR EXPLANATION OF ABBREVIATIONS, REFERENCES AND SYMBOLS USED BUT NOT EXPLAINED HEREON, SEE LAST PAGE. HAW-PUC 24 WESTERN MOTOR TARIFF BUREAU, INC. 2nd Revised Page 65-EE Agent Cancels LOCAL AND PROPORTIONAL PASSENGER AND TOUR TARIFF WMT 8C 1st Revised Page 65-EB
SECTION 2 ISLAND OF OAHU SECTION 2
part d TRANSFERS - Independent Actions PART D
ROBERTS HAWAII EXPRESS SHUTTLE TNFR
A/p TO: MIN RATE PER *254-1 VEHICLE (1)(2)
96701 - AIEA, HALAWA, WAIMALO 1 $25;. 00 57-:i;::00 96706 - EHA BEACH, EWA GENTRY, EWA VILLAGES, IROQUOIS POINT 1
96707 - KAPOLBI, KOOLINA, MAKAKILO 1 $31;00
"',6712 - NORTH SHORE, SUNSET BEACH, POPUKEA, HALEIWA, KAWAILOA, WAIALOA, SUNSET BEACH ONLY 1 $105.00
96717 - NORTH WINDWARD, HAUOLA, KAHANA, PUNALUP 1
96730 - NORTH WINDWARD KAA'AWA 1 $115.;p0
96731 - NORTH WINDWARD MALAEKAHANA (KAHOKU) 1 $175.;00
'';6734 - KAILUA, MAUNAWILI, NORFOLK. LANIKAI 1 $8i:.:00
96744 - KANEOHE, AHIUMANO, HEEIA, KAHALUU, WAIKANE .1
96762 - HONOLULU, LAZE, HAUOLA 1 $15 -7.00
96782 - PEARL CITY, 1 $37 .,00
96786 - WAHIAWA (SCHOFIELD) 1 $78;.pq
96789 - MILILANI, WAIPIO 1 $63.00
J6791 - WAIALOA 1 $115.00
96792 - MAKAHA, MAKAHA VALLEY, MAILE, WAIANAE, NANAKOLI 1 $136.00
96795 - WAIMANALO 1 S78.;00
96797 - WAIPAHD, WAIKELE (WAIPIO) 1 $48.00
96813 - HONOLULU - PUNCHBOWL, PACIFIC HEIGHTS, PAUOA VALLEY, MAKIKI HEIGHTS, DOWNTOWN 1 $37.00 BUSINESS DISTRICT
^6814 - HONOLULU - ALA MOANA, MAKIKI, KAPIOLANI 1 $33.00
96815 - HONOLULU- WAIKIKI, KAPAHULO, DIAMOND HEAD - NON RESORT 1 $4Z;O0
(1) Applies only via RBT (2) Maximum 4 passengers
Continued on Page 65-EE-l
y ISSUED: October 2, 2017 EFFECTIVE: October 9, 2017
KL/dc RN 4908-8-C ISSUED BY KERRY LEWIS, ISSUING OFFICER P.O. BOX 30268 65-EE BONOI,UI.U, HI 96820
FOR EXPLANATION' OF ABBREVIATIONS, REFERENCES AND SYMBOLS USED BUT NOT EXPLAINED HEREON, SEE LAST PAGE. HftW-PUC 24 WESTERN MOTOR TARIFF BUREAU, INC. Original Page 65-EE-l Agent LOCAL AND PROPORTIONAL PASSENGER AND TOUR TARIFF WMT 8C
TION 2 ISLAND OF OAHU SECTION 2
PART D TRANSFERS - Independent Actions PART D
ROBERTS HAWAII EXPRESS SHUTTLE TNFR A/p TO: MIN RATE PER *254-1 VEHICLE (1)(2)
96816 - HONOLULU - KAHALA 1 $47i.b0
96816 - HONOLULU- DIAMOND HEAD, KAPAHULD, POUPANINI, ST. LOUIS, WILHELMINA, MAONALANl 1 $42:.;oo HEIGHTS, KAHALA, BLACK POINT, KAIMUKI, PALOLO
■'817 - HONOLULU - KAMEHAMEHA HEIGHTS, KAPALAMA, LILIHA, ALEWA HEIGHTS, OLD PALI, DOWSETT, 1 $37i.;bo JANO
96818 - HONOLULU - ALIAMAND, SALT LAKE, FOSTER VILLAGE, HALAWA 1 S22:.:b'o'
96819 - HONOLULU - MOANALUA, KALIHI, KAPALAMA 1 s22;::oo
-9.6821 - HONOLULU - WAIALAB IKI 6 NPI, AINA HAINA, KAI NANI, HAVJAII LOA, PAIKO LAGOON, NIO 1 $60:;:p0;
LLEY,f KDLIOUOD, KALANAI IKI ------...... 96822 - HONOLULU - MAKIKI, TANTALUS, MANOA, UNIVERSITY, NUOANO-PUNCHBOWL, PUMAHOU, JUDD 1 $4i;.:0p HILLSIDE, WOODLAWN
96825 - HONOLULU - HAWAII KAI, PORTLOCK, KOKO KAI, NAWILIWILI 1 $7ii;:bo
96826 - HONOLULU - KAPIOLANI, MCCULLV, UNIVERSITY, MOILILI 1 S33^;pp
96863 - HONOLULU - MARINE CORPS BASE HAWAII 1 $97.-00
; '() Applies only via RBT Maximum 4 passengers
Continued from Page 65-EE
ISSUED: October;,-2;,; .2p;17 EFFECTIVE: October 9, 2017
KL/dc RN 4908-8-C ISSUED BY KERRY LEWIS, ISSUINQ OFFICER P.O. BOX 30268 65-EE-l HONOLULU, HI 96320 FOR EXPLANATION OF ABBREVIATIONS, REFERENCES AND SYMBOLS USED BUT NOT EXPLAINED HEREON, SEE LAST PAGE. CERTIFICATE OF SERVICE
The foregoing order was served on the date of filing by mail, postage prepaid, and properly addressed to the following parties:
DEAN NISHINA EXECUTIVE DIRECTOR DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS DIVISION OF CONSUMER ADVOCACY P. 0. Box 541 Honolulu, HI 96809
KERRY LEWIS MANAGER WESTERN MOTOR TARIFF BUREAU, INC P. O. Box 30268 Honolulu, HI 96820
ROY PFUND VICE PRESIDENT AND TREASURER ROBERT'S HAWAII, INC. 680 Iwilei Road, Suite 700 Honolulu, HI 96817
A. BERNARD BAYS, ESQ. BAYS LUNG ROSE HOLMA TOPA FINANCIAL CENTER 700 Bishop Street, Suite 900 Honolulu, HI 96813
Counsel for SPEEDISHUTTLE, LLC