CHAPTER 18 PUBLIC TRANSPORTATION Article 1. Common Carriers. Division 1. General Provisions. Section 18-1. Definitions. Section 18-2. Safety glass required. Division 2. County Transportation Commission. Section 18-3. Membership. Section 18-4. Mass transit administrator as chief administrator. Section 18-5. Commission’s powers and duties. Division 3. Certificate of Public Convenience and Necessity. Section 18-6. Required; hearing; issuance. Section 18-7. Issuance in two or more names. Section 18-8. Revocation; causes. Section 18-9. Rates, routes, safety standards, and insurance set by commission. Section 18-10. Rules; procedure and evidence. Section 18-11. Notice of hearing. Section 18-12. Penalty; injunction. Section 18-13. Appeals. Section 18-14. Applicability of other laws. Division 4. Passenger Capacity. Section 18-15. Determination of carrier capacity. Section 18-16. Children excepted from consideration. Section 18-17. Seating capacity determined by examiner of chauffeurs. Section 18-18. Vehicle to bear notice of seating capacity. Section 18-19. Rated capacity limit. Section 18-20. Penalty. Division 5. Bus Terminals and Parking. Section 18-21. Bus terminal location; city buses. Section 18-22. Bus terminal location; country buses. Section 18-23. Rules and regulations. Section 18-24. Parking fee. i Article 2. Taxicabs. Division 1. General Provisions. Section 18-31. Purpose; scope; definitions. Section 18-32. Certificate of public convenience and necessity. Section 18-33. Hearing; factors considered; revocation. Section 18-34. Personal use by driver. Section 18-35. Cruising. Section 18-36. Unauthorized possession of taxicab paraphernalia. Section 18-37. Penalties. Section 18-37.1. Taxicab license. Section 18-37.2. Establishment of road taxi stands. Section 18-37.3. Prohibited acts. Section 18-37.4. Fraudulent call and nonpayment. Section 18-37.5. Notice required. Section 18-37.6. Bulky items. Section 18-37.7. Disorderly persons. Section 18-37.8. Soiling of taxicab. Section 18-37.9. Condition of taxicabs. Section 18-37.10. Taxi sign. Section 18-37.11. Taxicab control numbers. Section 18-37.12. Trip route. Section 18-37.13. Evidence of financial responsibility. Section 18-37.14. Rulemaking powers. Section 18-37.15. Appeals. Section 18-37.16. Trade names and markings. Section 18-37.17. Shared-ride taxi service. Division 2. Driver’s Permit. Section 18-38. Permit required; content. Section 18-39. Issuance requirements; exception. Section 18-40. Expiration; renewal; waiver of examination. Section 18-41. Permit fee. Section 18-42. Permit revocation or suspension. Section 18-43. Appeal to circuit court. Division 3. Taximeters and Fares. Section 18-44. Installation requirements. Section 18-45. Operation during taxi use. Section 18-46. Registration and inspection required. Section 18-47. Inspection fees. ii Section 18-48. Repair and testing of defective meter. Section 18-49. Schedule of fares. Section 18-50. Waiting time stipulation. Section 18-51. Computation of distance for fares. Section 18-52. Baggage charge. Section 18-53. Rate charges. Section 18-54. Multiple loading. Section 18-55. Posting of rates of fare. Article 3. School Buses. Division 1. General Provisions. Section 18-56. Definitions. Section 18-57. Penalty. Division 2. Specifications and Equipment. Section 18-58. School bus construction; inspections. Section 18-59. Fuel tank location; diesel exception. Section 18-60. Exhaust pipe requirements. Section 18-61. Door specifications. Section 18-62. Emergency exits. Section 18-63. Aisles and ceilings. Section 18-64. Seat location. Section 18-65. Seat specifications. Section 18-66. Required safety equipment. Section 18-67. Sanitary condition required. Section 18-68. Metal screening required; exception. Section 18-69. Identification markings. Division 3. Drivers and Bus Operations. Section 18-70. Liquor prohibited. Section 18-71. Smoking restricted. Section 18-72. Driver hours limited. Section 18-73. Talking with driver unnecessarily prohibited. Section 18-74. Inspection before operating vehicles. Section 18-75. Unsafe vehicle; alternative transportation. Section 18-76. Repair of deficient vehicle; certification required. Section 18-77. Conduct of passengers; driver’s responsibility. Section 18-78. Discharging riders in a safe manner required. Section 18-79. Driving violations to be reported to police. Section 18-80. Manner of operation. iii Section 18-81. Bus operation. Section 18-82. Dangerous loading prohibited. Section 18-83. Doors closed while vehicle in motion. Section 18-84. Manner of stopping vehicle outside city. Section 18-85. Manner of backing vehicle. Section 18-86. Use of clutch. Section 18-87. Pulling trailer or transporting freight prohibited. Division 4. Inspections. Section 18-88. Inspection of vehicles; issuance of certificate. Section 18-89. Monthly inspection required; certificate of inspection. Article 4. Public Transit System. Division 1. Island-Wide Fare Structure. Section 18-90. Fares. Section 18-91. Baggage. Section 18-92. Fare schedules. Division 2. Paratransit Service. Section 18-93. Establishment of paratransit service. Section 18-94. Definitions. Section 18-95. Eligibility. Section 18-96. Suspension of service. Section 18-97. Appeals. SUPP. 1 (1-2017) iv PUBLIC TRANSPORTATION § 18-1 CHAPTER 18 PUBLIC TRANSPORTATION Article 1. Common Carriers. Division 1. General Provisions. Section 18-1. Definitions. As used in this chapter: “Carrier” means every person, individual, corporation, joint stock company, firm, association, lessee, trustee, receiver, or trustee appointed by any court, who or which owns, controls, operates, or manages a passenger-carrying motor vehicle, such as a sampan bus, taxi or other vehicle exempted from chapter 271, Hawai‘i Revised Statutes, operated in the transportation of the general public, over a prescribed route on a regular schedule over any public street or highway within the County, but not including: (1) Persons transporting passengers without charge in motor vehicles owned or operated by such person, where such transportation is provided in conjunction with and in furtherance of a related primary business purpose or enterprise of that person, except that this exemption shall not apply to persons making any contract, agreement, or arrangement to provide, procure, furnish, or arrange for transportation as a travel agent or broker or a person engaged in tour or sightseeing activities, nor shall this exemption apply where the transportation is undertaken by a person to evade the regulatory purposes of this chapter; (2) Sightseeing buses; (3) Private transportation services of churches and employers; (4) Student transportation; and (5) Any mass transit system owned, maintained, and operated by the County including, but not limited to, motor buses, street railroads, and fixed rail facilities. “Commission” means the County transportation commission. “Director of finance” means the director of finance or a person designated by the director of finance. “Handicapped” means any individual meeting one or more of the following standards and guidelines: (1) Any individual who by reason of illness, injury, advanced age, congenital malfunction, or other incapacity or disability, is unable to compete in the open job market for a period of more than one year. 18-1 § 18-1 HAWAI‘I COUNTY CODE (2) Any individual unable to perform one or more of the following functions necessary to effectively utilize public transportation facilities without significant difficulty: (A) Negotiate a flight of stairs; (B) Boarding or alighting from a public transit vehicle; or (C) Walking more than two hundred feet. (3) Any individual unable without special facilities, special assistance, and special planning or design to utilize the public transit system as effectively as persons who are not so affected. Supporting evidence of the handicap shall be required by a licensed physician or agency involved in physical or mental handicap programs. The handicap identification card issued by the County transportation agency shall be recognized for certified handicapped individuals. “Public highways” mean the same as the definition of public highways in section 264-1, Hawai‘i Revised Statutes, including both State and County highways, but operation upon rails is not transportation on the public highways. “Safety glass” means any product composed of glass, manufactured, fabricated, or treated so as to substantially prevent shattering and flying of the glass when struck or broken or any other or similar product as may be approved by the director of finance. “Senior citizen” means any individual age sixty and over who maintains a senior citizen identification card issued by the County department of parks and recreation, elderly activities division. “Student” means any individual currently attending an educational institution certified by the State and maintains supporting evidence of present enrollment such as a student identification card. “Taxi” or “taxicab” means a vehicle designed to carry not more than eight passengers operated by a taxicab driver, which is used in the movement of passengers for hire on the public highways and which is directed to a destination by the passenger for hire or on the passenger’s behalf and which operates on call or demand. (1983 CC, c 18, art 1, sec 18-1; am 1979, ord 464, sec 1; am 1982, ord 805, sec 1; am 1986, ord 86-15, sec 1; am 1990, ord 90-19, sec 2; am 2008, ord 08-107, sec 2; am 2009, ord 09-74, sec 2.) 18-1 Section 18-2. Safety glass required. No person shall sell any new motor