Haw. Code R. § 16-605-2

Current through September, 2024
Section 16-605-2 - Definitions

As used in this chapter, unless the context clearly requires otherwise:

"Basic tariff" means the current tariff on file with the commission. A basic tariff may be added to from time to time through supplements.

"Certificate of public convenience and necessity" means a certificate to operate as a water carrier, issued by the commission pursuant to sections 269-20 and 271G-10, HRS.

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

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

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

"General rate increase" means a partial or flat increase in the general level of the rates or charges for revenue purposes or to increase the rate of return. None of the following constitutes a general rate increase:

(1) Establishment of a fare, rate, or charge for a new service;

(2) Adjustment of or a change in a particular fare, rate, or charge for the purpose of eliminating inequities, preferences, or discrimination; or

(3) Increase in fares, rates, or charges resulting from a commission-approved automatic rate adjustment clause or cost recovery mechanism.

"HRS" means the Hawaii Revised Statutes.

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

"Joint routes and rates" mean routes and rates that result from two or more water carriers, or from a water carrier and motor carrier, providing transportation service over a route at a through rate.

"Major accounts" mean those accounts as defined in the commission's Uniform System of Accounts for Water Common Carriers that represent large or general classes of financial statement items.

"Person" means the same as in section 271G-5, HRS.

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

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

"Rate" means the same as in section 271G-5, HRS.

"State" means the State of Hawaii.

"Supplement" means an addition or additions to the basic tariff.

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

"Tariff" means a schedule of rates, fares, charges, classifications, and sailings and the rules, regulations, and practices affecting any rate, fare, charge, classification, or sailing. It includes the schedules in a basic tariff and in supplements. As the context requires, "tariff" also means the specific rates, fares, or charges imposed in a schedule.

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

"Through rate" means a single rate or combination of rates that determines the charge from a point of origin to a point of destination.

"Water carrier" or "common carrier by water" means the same as in section 271G-5, HRS.

Haw. Code R. § 16-605-2

[Eff 1/1/2019] (Auth: HRS §§ 269-6, 269-51, 271G-7) (Imp: HRS §§ 269-6, 269-51, 271G-5, 271G-7)