Chapter 12
REGULATIONS OF COMMON CARRIERS AND THEIR FEES
Articles:
1. Taxicabs
2. U-Drive Motor Vehicles
3. Tour Services
4. General Provisions
5. Pedicab
Article 1. Taxicabs
Sections:
12-1.1 Purpose--Scope--Definitions.
12-1.2 Establishment of road taxi stands--Fees.
12-1.3 Director of customer services--Authority.
12-1.4 Prohibited acts.
12-1.5 Fraudulent call and nonpayment.
12-1.6 Bulky items.
12-1.7 Disorderly persons.
12-1.8 Taximeters.
12-1.9 Taxicab driver's certificate.
12-1.10 Director to establish rate of fare and baggage charge—Exceptions—Conditions--Receipt required upon
request.
12-1.11 Special operations.
(12-1.11A Special operations for an interim period for Hanauma Bay Nature Park. Automatically repealed
on 12-31-94 per Ord. 93-80.)
12-1.12 Trip records.
12-1.13 Soiling of taxicab.
12-1.14 Condition of taxicabs.
12-1.15 Taxicab license--Issuance--Fees.
12-1.16 Taxi sign.
12-1.17 Violation--Penalty.
12-1.18 Appeals.
12-1.19 Severability.
12-1.20 Taxicab control numbers.
12-1.21 Trip route.
12-1.22 Annual reports.
12-1.23 Evidence of financial responsibility.
12-1.24 Shared-ride service.
12-1.25 Loading and unloading passengers.
12.1.26 No smoking prohibition in taxicabs.
Sec. 12-1.1 Purpose--Scope--Definitions.
(a) Because the transporting of passengers or property for hire in a taxicab is
a vital and integral part of the public transportation system in the city,
it shall be supervised, regulated and controlled exclusively pursuant to this article.
(b) As used in this article, unless the context otherwise requires:
"Council" means the council of the City and County of Honolulu.
"Cruising" means the movement or standing of a taxicab on a public highway
or at a public place, for the purpose of searching for or soliciting
a passenger for hire.
"Director" means the director of customer services of the city, or the director's
duly authorized subordinates.
"Passenger for hire" means a person transported in a taxicab for consideration.
"Property for hire" means property transported in a taxicab for consideration.
"Road taxi stand" means a space set aside on a public street or
city-controlled facility by the council for the exclusive use of taxicabs.
"Shared-ride taxicab" means a taxicab utilized in transporting passengers to and from unrelated
locations, which locations may be other than terminals or fixed stands.
"Taxicab" means a vehicle, 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.
"Taxicab company" means any person or entity which holds licenses for one or
more taxicabs, leases motor vehicles to drivers to be used or operated as
taxicabs, or which operates a central dispatch service for one or more taxicabs.
"Taxicab driver" means a person duly licensed as a driver of a motor
vehicle who has obtained a valid taxicab driver's certificate.
"Total stoppage" means the complete halting of bus transportation service furnished by a
public bus system, resulting from a labor strike and/or a disaster.
"Waiting time" means the period during which a taxicab is standing at the
direction of or on behalf of a passenger for hire and the time
consumed due to traffic delays while transporting a passenger for hire, which time
is automatically computed by the taximeter when the speed of the vehicle falls
at or below the speed at which the fare computed using the basic
distance rate is equal to the fare computed using the basic time rate.
(Sec. 12-1.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 88-98, 05-005)
Sec. 12-1.2 Establishment of road taxi stands--Fees.
(a) The council shall establish road taxi stands on public streets and city-controlled facilities
upon recommendation of the department of transportation services. The department of transportation services
shall study and recommend to the council the site placement of such stands.
The director shall issue, upon application therefor on forms furnished by the director
and upon the payment of annual fees as provided in this chapter, permits
for the parking of taxicabs. A permit, deemed granted upon approval of the
application, shall expire on June 30th of the year issued. However, an application
for the renewal of such permit for the following year may be made
on or after the first day of June and approval thereof may be
granted upon the payment of the permit fee. The permit shall be evidenced
by an appropriate decal furnished by the director which shall be placed as
near as practicable on the upper right corner of the front bumper.
(b) The director shall charge and collect an annual fee of $120.00 for each
permit, and a fee of one dollar for each decal; provided, that where
the application for such permit is made in any month other than July,
the permit fee shall be reduced by $10.00 for each full month of
the then permit year which shall have elapsed at time of the application;
provided further, that when an annual permit fee has already been paid on
the vehicle and that vehicle is within the year replaced by another vehicle,
the unexpired portion of the permit fee payable for the substitute vehicle and
for the purpose hereof, the unexpired portion of the permit fee shall be
reduced by $10.00 for each full month remaining of the current permit year.
Where a decal is mutilated, defaced or lost, a replacement decal shall be
issued upon payment of one dollar. The sums collected shall be deposited in
the highway fund.
(Sec. 12-1.3, R.O. 1978 (1983 Ed.); Am. Ord. 88-98)
Sec. 12-1.3 Director of customer services--Authority.
(a) Denial, Suspension or Revocation of Taxicab Driver's Certificate. The director is authorized to
deny initial issuance or renewal of or suspend or revoke any taxicab driver's
certificate if an applicant cannot meet the requirements set forth in Section 12-1.9
(c), as amended, or a taxicab driver violates any of the provisions contained
in this article. Any applicant or taxicab driver shall be afforded an opportunity
for a hearing if a certificate is denied, suspended or revoked by the
director pursuant to the provisions of HRS Chapter 91.
(b) Rule-Making Powers. The director is authorized to adopt rules or regulations not inconsistent
with this chapter, having the force and effect of law, as provided for
in HRS Chapter 91, in the administration and enforcement of this chapter.
(Sec. 12-1.4, R.O. 1978 (1983 Ed.); Am. Ord. 05-005)
Sec. 12-1.4 Prohibited acts.
(a) Backing From and Into a Taxi Stand. No person shall back a taxicab
from a taxi stand onto a public highway. No person shall back a
taxicab from a public highway into a taxi stand where it is otherwise
legally possible to maneuver such taxicab so as to thereafter emerge from said
taxi stand without backing onto the highway.
(b) Intoxicating Liquor. Intoxicating liquor, as defined by HRS Section 281-1, as amended, shall
not be carried in any taxicab during the business hours of such taxicab,
except as the property of a passenger riding in said taxicab, or as
property for hire.
(c) Responding to Calls. The operator of a taxicab or taxicab company shall not
refuse to furnish an unengaged, available taxicab and driver during the business hours
of such taxicab or taxicab company upon call or request from an orderly
person located within two miles of such stand, by the most direct street
route. No taxicab driver, while on duty and not engaged in another call,
shall fail to drive an available taxicab in response to a call or
request from an orderly person.
(d) Additional Passengers. Except as provided in Section 12-1.24 relating to shared-ride taxicab service,
additional passengers shall not be picked up without the consent of all the
passengers for hire, already in the taxicab. The fare of the additional passengers
for hire shall be based upon a new taximeter reading from the point
of departure of the last departing passenger for hire to the destination of
the additional passengers for hire.
(e) Kickbacks.
(1) Taxicab companies and drivers are prohibited from paying kickbacks to hotel doorpersons or
other persons that dispatch taxicabs. It shall also be unlawful for a hotel
doorperson or other person to solicit or receive such a kickback from a
taxicab company or taxi driver. This provision shall not apply to legitimate commissions
paid to tour and travel companies, legitimate payments to taxicab companies or salaries
or wages paid to dispatchers employed by taxicab companies.
(2) For the purpose of this subsection, "kickback" means a payment by a taxicab
company or driver to a hotel doorperson or other person who dispatches the
taxicab company or driver to carry a passenger for hire, property for hire
or both, when the payment is required, explicitly or implicitly, by the hotel
doorperson or other person as consideration for the dispatch.
(Sec. 12-1.5, R.O. 1978 (1983 Ed.); Am. Ord. 88-98, 89-13, 93-85)
Sec. 12-1.5 Fraudulent call and nonpayment.
It is unlawful for any person to call for a taxicab for purposes
of hire without intending to use such taxicab or to use a taxicab
for hire without intending to pay the legal fare upon completion of the
trip. (Sec. 12-1.6, R.O. 1978 (1983 Ed.))
Sec. 12-1.6 Bulky items.
A taxicab driver may refuse to transport any item not capable of being
transported within the confines of the rear passenger compartments or the trunk of
the taxicab. (Sec. 12-1.7, R.O. 1978 (1983 Ed.))
Sec. 12-1.7 Disorderly persons.
Notwithstanding any of the foregoing provisions, the operator of a taxicab stand may
refuse to dispatch a taxicab to, and a taxicab driver may refuse to
furnish transportation to a disorderly person. (Sec. 12-1.8, R.O. 1978 (1983 Ed.))
Sec. 12-1.8 Taximeters.
(a) Installation. Each taxicab shall be equipped with a digital electronic taximeter calibrated to
charge the current fare established pursuant to Section 12-1.10 and which shall meet
or exceed the requirements of subsection (b).
(b) The specifications, tolerances, and other technical requirements relating thereto shall be as established
by the state division of weights and measures. The operation, visibility, lighting and
inspection will conform to all applicable state laws or regulations.
(c) Inspection. No driver, owner or operator of a taxicab or taxi stand shall
use or cause to be used a taxicab for purposes of hire before
the taximeter, installed therein, has been inspected for accuracy in accordance with all
applicable laws and regulations.
(d) Current Rates. No driver, owner or operator of a taxicab or taxi stand
shall use or cause to be used for purposes of hire, a taxicab
installed with a taximeter not reflecting the current rates.
(Sec. 12-1.9, R.O. 1978 (1983 Ed.); Am. Ord. 88-98, 90-84)
Sec. 12-1.9 Taxicab driver's certificate.
(a) No driver of a taxicab shall use or cause to be used, for
purpose of hire, a taxicab which does not have a taxicab driver's certificate
mounted within 12 inches of the taximeter so that it is readily visible
to all passengers (the certificate shall not be mounted on the sun visor
of the taxicab). The taxicab driver's certificate shall be issued by the director.
It shall contain a photograph of the taxicab driver to be furnished by
the taxicab driver, the taxicab driver's name, driver's license number and any other
information specified by the director. The taxicab driver's certificate shall be laminated in
plastic or so constructed so as to make alteration difficult. It shall be
a violation of this section for any person to alter such taxicab driver's
certificate.
(b) The director shall collect a fee of $25.00 for the issuance of each
original and $10.00 for each duplicate taxicab driver's certificate.
(c) No taxicab driver's certificate shall be issued to any person unless such person
has:
(1) A valid State of Hawaii driver's license;
(2) One year of driving experience prior to operating a taxicab;
(3) Satisfactorily passed an examination showing:
(A) A sufficient understanding of the traffic laws or ordinances, and this article,
(B) A sufficient understanding of the locations of streets, roads, highways and significant landmarks
within the City and County of Honolulu,
(C) A sufficient understanding of the English language;
(4) Complied with the standards promulgated by the director relating to moral character and
physical fitness of the applicant based on prior records or certified documents relative
thereto; and
(5) Received a taxicab driver's control number from the department. This control number shall
be shown on the taxicab driver's certificate along with the driver's name and
the name and telephone number of the company with which the driver is
affiliated. Other personal information shall be shown on the back of the taxicab
driver's certificate. The taxi driver shall notify the director, the insurance company and
the taxi company with whom he or she is affiliated, of every change
to his or her current telephone number or address, within 30 days of
such change; and
(6) Submitted a photograph of the person taken no more than 30 days prior
to submission of the person’s application.
(d) Every taxicab driver's certificate issued under this section shall expire, unless otherwise revoked,
two years after the issuance thereof and shall be renewed by the director
on or before its expiration date upon the applicant's meeting the standards set
in subsection (c). Provided, however, that every taxicab driver need not demonstrate compliance
with the requirements of paragraphs (c)(3)(B) and (c)(3)(C) in order to further renew
the taxicab driver's certificate and need not demonstrate compliance with the requirements of
paragraph (c)(3)(A), except for once every fourth renewal. The director may accept an
application for certificate renewal not more than six months prior to the date
of expiration. If, however, a renewal is not applied for on or before
the 90th day following the expiration date of the certificate, the applicant shall
be treated as an applicant for a new certificate. A new set of
photographs, taken not more than 30 days prior to submission of the application
shall be furnished with each application for renewal.
(e) Whenever the driver's license of any taxicab driver is suspended or revoked, the
director shall require that the taxicab driver's certificate be surrendered to and be
retained by the director, except that at the end of the period of
suspension, the certificate so surrendered shall be returned to the licensee.
(f) Every taxicab driver's certificate shall have printed thereon a telephone number designated by
the director as the telephone number for taxicab complaints. This telephone number shall
be preceded by the following message: "If you have any complaints, call _______.
" The message and telephone number shall be printed in bold print letters
not less than three-eighths of an inch in height.
(g) Every taxicab driver's certificate shall also have printed thereon the following message: "This
taxi is meter regulated. Receipt upon request." The message shall be printed in
bold letters not less than three-eights of an inch in height.
(Sec. 12-1.10, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 92-66, 93-85,
94-87, 05-005)
Sec. 12-1.10 Director to establish rate of fare and baggage charge--Exceptions--Conditions-- Receipt required upon
request.
(a) The maximum fares and baggage charges that may be charged to passengers of
taxicabs shall be established by the director. The fares and charges shall be
established by rules adopted by the director. The fares and charges shall be
reviewed by the director at least once every two years following January 1,
1992 and shall be amended, as necessary, to reflect changes in the private
transportation component of the consumer price index for Honolulu, as determined by the
U.S. Bureau of Labor Statistics; provided, that the director may amend the fares
and charges more frequently than once every two years if deemed necessary.
(b) In addition to the fares and charges established in subsection (a), the director
may establish a fuel surcharge for taxicab operators to be charged to passengers.
Every six months, the director shall determine whether a fuel surcharge should be
established based on any increase in the base amount and the average fuel
prices. Any fuel surcharge shall be established by rules adopted by the director
pursuant to HRS Chapter 91.
(c) The fares or charges established pursuant to this section shall be subject to
the following exceptions or conditions, whichever the case may be:
(1) When Fares or Charges Permitted. Fares are only applicable to the use of
the taxicab when actually occupied by or standing at the direction of the
passenger for hire or when occupied by parcels or baggage transported for hire;
provided, that no other charges shall be made for the use of a
taxicab for hire except as provided herein.
(2) Posting of Fares and Charges. The schedule of fares and charges established pursuant
to this section shall be printed in bold type letters, not less than
three-sixteenths of an inch in height, posted within 12 inches of the taximeters
and readily visible to all passengers for hire.
(3) Exceptions and Conditions for Use of Fares and Charges Lower Than Those Established.
A taxicab driver or taxicab company may adjust the meters on a taxicab
so that a lower fare or charge may be assessed than those established
pursuant to this section; provided, that if a taxicab driver or taxicab company
owns or operates more than one taxicab, all of the taxicabs shall have
their taximeters adjusted to the lower fare or charge; and provided further, that
such lower fare or charge shall be posted as prescribed in paragraph (2).
The taxicab driver or taxicab company may waive the baggage charges established pursuant
to this section.
(4) This section shall not be construed to preclude a taxicab driver or taxicab
company from charging a passenger less than the amount due indicated by the
taximeter.
(5) The fares for shared-ride taxicab service shall be established by the tariff filed
under Section 12-1.24, rather than the fares and charges established pursuant to this
section.
(d) Receipt Required upon Request.
(1) At the end of the taxicab trip, the operator shall upon request provide
at least one passenger with a receipt that records the following information: origin,
destination, time and date of the taxicab service; all fares and charges; the
name of the taxicab operator, printed or written so that it is legible;
the printed name and telephone number of the taxicab company; a telephone number,
as designated by the director, to call for the filing of complaints; and
any other information deemed necessary by the director.
(2) All taxicab receipt forms shall be approved by the director before use by
a taxicab company.
(Sec. 12-1.11, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 88-98, 90-84,
93-85, 94-87, 05-005, 08-9)
Sec. 12-1.11 Special operations.
Notwithstanding any provision contained herein to the contrary, any taxicab operator may operate
his/her taxicab as a jitney during a public bus service total stoppage subject
to the following:
(a) The fare per passenger shall be no more than twice the current per-trip
adult city bus fare;
(b) The taxicab operator may operate the taxicab as a jitney only along existing
public bus service routes; provided, that the director is authorized to add new
jitney routes in addition to the routes mentioned in this section whenever the
director has sufficient evidence that the public, utilizing the public transit service, is
desirous of having such additional jitney routes for their convenience;
(c) There shall be prominently displayed on the taxicab being operated as a jitney
a sign reading "jitney" and indicating the fare per passenger, which shall be
facing outward so it shall be visible by potential passengers and such signs
shall be furnished by the director;
(d) The loading or unloading of passengers shall take place only at established public
bus service bus stops along the routes prescribed herein;
(e) A baggage fee may be assessed during jitney operations according to the fee
for baggage established pursuant to Section 12-1.10.
(Sec. 12-1.12, R.O. 1978 (1983 Ed.); Am. Ord. 88-98, 90-84)
(Sec. 12-1.11A Special operations for an interim period for Hanauma Bay Nature Park. Automatically
repealed on 12-31-94 per Ord. 93-80)
Sec. 12-1.12 Trip records.
(a) All taxicab drivers shall keep a trip record containing the following entries:
(1) Number of passengers, time (to the minute), date and odometer reading when leaving
the boarding point;
(2) The time (to the minute), date, fare charged and odometer reading at the
discharge point;
(3) The time (to the minute), date and odometer reading of departure and return
to taxi stand when making trips for a personal purpose.
(b) The trip record shall be open to inspection by the director during regular
business hours in accordance with rules adopted by the director.
(Sec. 12-1.13, R.O. 1978 (1983 Ed.); Am. Ord. 05-005)
Sec. 12-1.13 Soiling of taxicab.
A taxicab driver may require a passenger for hire, whose condition may be
likely to soil the seats of the taxicab, to sit upon protective material
furnished by such driver. Upon noncompliance with the request, the taxicab driver may
refuse to transport such passenger. (Sec. 12-1.14, R.O. 1978 (1983 Ed.))
Sec. 12-1.14 Condition of taxicabs.
No vehicle shall be operated as a taxicab unless it is in a
reasonably clean and safe condition inside, so as not to damage the person,
clothing or possessions of a passenger. The vehicle's exterior shall be reasonably clean
and shall be essentially free from cracks, breaks and major dents. It shall
be painted to provide adequate protection and appearance. Each operating wheel shall be
equipped with hub caps or wheel covers. Repairs done to comply with this
section shall be done within a reasonable time based on availability of parts
and labor. (Sec. 12-1.15, R.O. 1978 (1983 Ed.))
Sec. 12-1.15 Taxicab license--Issuance--Fees.
(a) Issuance. The director shall issue taxicab licenses and collect the required fees in
accordance with the provisions of this article and any other applicable provisions of
the law. Prior to the initial issuance and renewal of the taxicab license,
the director shall inspect the condition of each vehicle to ensure it is
in compliance with the provisions of this ordinance. The issued licenses shall not
be transferable.
(b) Fees.
(1) The annual fee for a taxicab license shall be $50.00; provided, that when
a license fee has already been paid on a vehicle and that vehicle
is, within the year, replaced by another vehicle, the unexpired portion of the
license fee paid on the vehicle so replaced shall be credited to the
license fee payable for the substitute vehicle. For the purposes hereof, the unexpired
portion of the license fee paid on the vehicle which has been replaced
shall be that portion of the annual fee which is equal to eight
and one-third percent of said fee multiplied by the number of full months
remaining during the current licensing year.
Whenever a vehicle licensed as a taxicab is replaced by another vehicle under
the provisions of this article, the sum of six dollars in addition to
the license fee shall be assessed against the owner of the vehicle so
replaced to defray the administrative costs incurred by the city.
(2) Upon surrender, the license shall be canceled.
(c) Surrender and Cancellation.
(1) The holder of a taxicab license shall immediately surrender said license to the
director when the taxicab licensed thereunder has not been used to carry passengers
for hire for a consecutive period of 30 days.
(2) The above period shall be extended to a total of 180 days if
the nonuse is caused by the vacation, illness or injury of the regular
taxicab driver or due to the delay of repair due to parts or
receipt of a replacement taxicab.
(3) Upon surrender, the taxicab license shall be canceled.
Sec. 12-1.16, R.O. 1978 (1983 Ed.); Am. Ord. 88-98, 92-66, 93-85, 05-005)
Sec. 12-1.16 Taxi sign.
A taxicab shall be identified with a sign (which may be a dome
light sign) on the roof of the taxicab. The name of the individual
owning or operating the taxicab or the name of the firm shall be
shown on the front of the sign and it will be optional to
place either the name or telephone number of such individual or firm on
the rear of the sign. Such sign may have flashing actuators. A taxicab
driver may actuate such sign to call for police or other assistance in
cases when a robbery is in progress. The use of a flashing dome
light, except to signal when a robbery is in progress, shall be in
violation of Section 15-19.22, traffic code of the City and County of Honolulu.
Except as provided herein, the type, design and placement of the sign shall
be as specified by the director. The sign may be a detachable type
so that it may be removed when the vehicle is not used for
taxicab purposes. (Sec. 12-1.17, R.O. 1978 (1983 Ed.); Am. Ord. 05-005)
Sec. 12-1.17 Violation--Penalty.
Any person violating any of the provisions of this article shall upon conviction
thereof, be subject to a fine not exceeding $1,000.00 or imprisonment for a
period not exceeding one year or to both such fine and imprisonment. (Sec.
12-1.18, R.O. 1978 (1983 Ed.))
Sec. 12-1.18 Appeals.
An applicant whose application for a taxicab license has been denied, revoked or
suspended by the department may file within 30 days after receipt of said
revocation, suspension or denial, an appeal for a hearing with the city council.
(Sec. 12-1.19, R.O. 1978 (1983 Ed.))
Sec. 12-1.19 Severability.
The provisions of this article are declared to be severable. In accordance therewith,
if any portion of said article is held invalid for any reason, the
validity of any other portion of this article shall not be affected and
if the application of any portion of this article to any person, property
or circumstance is held invalid, the application hereof to any other person, property
or circumstance shall not be affected. (Sec. 12-1.20, R.O. 1978 (1983 Ed.))
Sec. 12-1.20 Taxicab control numbers.
No person may operate a taxicab unless the taxicab is clearly identified and
marked as prescribed herein with a taxicab control number assigned by the director.
The taxicab control number shall be prominently posted on the exterior surfaces of
the front and rear bumpers and on the sign or dome light, described
in Section 12-1.16, of the taxicab. The taxicab control number posted on the
taxicab as prescribed in this section shall be no less than one and
one-half inches in height, and may be either painted onto the surfaces or
be comprised of opaque plastic or decals provided by the taxicab company, owner
or operator, and shall conform to such other requirements or specifications as the
director may prescribe by rule. (Added by Ord. 88-98; Am. Ord. 93-85)
Sec. 12-1.21 Trip route.
No operator of a taxicab may transport a passenger except to the requested
trip destination by the most direct or economical route unless specifically instructed or
agreed to by the passenger. (Added by Ord. 88-98)
Sec. 12-1.22 Annual reports.
The director shall submit to the council, prior to the council's consideration of
the annual executive branch operating budget request, a report, with recommendations deemed appropriate
by the director, pertaining to all matters relating to the administration of this
article. (Added by Ord. 88-98)
Sec. 12-1.23 Evidence of financial responsibility.
(a) The director shall require evidence of financial responsibility from the owner and/or operator
of a taxicab company before issuing a taxicab license and decal to engage
in the taxicab business. The owner and/or operator shall have insurance in force
or other evidence of financial responsibility so long as the taxicab is used
in business. Such evidence of financial responsibility may be in one of the
following two forms:
(1) Insurance Policy.
(A) The director shall retain the original insurance policy issued by a company licensed
to do business in the State of Hawaii. The policy shall be duly
countersigned by its authorized Hawaii agent complete with all endorsements and attachments or
a certified copy thereof. Such policy shall provide for primary public liability insurance
coverage in the amount of $100,000.00 because of bodily injury to or death
of one person in any accident, and in the amount of $200,000.00 because
of bodily injury to or death of two or more persons in any
one accident, and property damage insurance in the amount of $50,000.00 because of
damage to or destruction of property of others in any one accident for
each taxicab for hire. All policies must be valid for the duration of
the taxicab business license. Insurance policies on vehicles regulated under this article shall
contain a provision that the policy will not be reduced in coverage or
canceled without 30 calendar days' prior written notice to the director by the
authorized Hawaii agent for the insurance company.
(B) The director may accept a binder for the issuance of an insurance policy
in lieu of the policy itself for a period not exceeding 90 days;
provided, that the binder indicates that the policy shall be in conformance with
the requirements of this paragraph; provided, that a binder shall not be accepted
in lieu of a policy for an owner and/or operator who has canceled
or has had canceled an insurance policy referred to in this subdivision within
the previous three years.
(2) Legal Tender or Other Securities. A deposit with the director of legal tender,
cashier's check, bank draft, irrevocable letter of credit, certified check, bond or other
security determined to be satisfactory by the director in the total amount of
$200,000.00. Such security shall be held by and made payable to the director
and shall not expire for a period of two years after the termination
of the taxicab license for the taxicab carrying passengers or property for hire.
The licensee shall not receive interest for such deposit. Upon expiration of such
two-year period, the licensee shall be refunded the deposit or balance thereof, provided
no suit against the proceeds of such security has been commenced during such
period. The conditions of liability for the security in this subdivision shall be
the same as specified for the policy of insurance contained in this section.
The director shall satisfy from the proceeds of such security any judgment against
the licensee and/or operator arising from the operation of a taxicab for hire.
Neither the city, its officers, employees, agents or appointees shall be liable to
the licensee and/or operator for any payments made pursuant to such judgment.
(b) If at any time after the issuance of the taxicab license and license
decal:
(1) The required insurance coverage is reduced or canceled and the licensee fails to
immediately replace such coverage with the securities described in subsection (a) of this
section; or
(2) The security deposited with the director falls below the required amount as a
result of claims satisfied against the licensee and said licensee fails to immediately
replenish such security to the required amount, the director shall revoke or suspend
the taxicab license and license decal.
(c) If a binder is accepted in lieu of an insurance policy, and a
policy which conforms to the requirements of subsection (a)(1) of this section is
not provided to the director within 90 days of issuance of the taxicab
license and taxicab decal, the director shall revoke or suspend the taxicab license
and taxicab decal.
(Added by Ord. 88-98; Am. Ord. 89-54, 93-85)
Sec. 12-1.24 Shared-ride service.
(a) Notwithstanding any provision contained in this article to the contrary, any taxicab company
or operator may provide shared-ride taxicab service, whether or not utilizing vehicles such
as multi-passenger vans and limousines.
(b) A taxicab company or operator which offers shared-ride taxicab services shall file a
tariff of shared-ride services and fares with the director. The tariff may include
fares classified according to the type of vehicle utilized, such as multi-passenger vans
and limousines.
(Added by Ord. 88-98)
Sec. 12-1.25 Loading and unloading passengers.
Notwithstanding any provision in Chapter 15 to the contrary relating to the prohibition
of parking, stopping, standing, loading or unloading in tow zones, taxicabs may load
or unload passengers for hire or property for hire in such tow zones
provided that such loading or unloading shall not exceed 30 seconds. (Added by
Ord. 88-98)
Sec. 12-1.26 No smoking prohibition in taxicabs.
(a) Any taxicab company or a taxicab driver may elect to prohibit smoking in
the company's or driver's taxicab while in service. Any taxicab designated as a
non-smoking taxicab shall display the international "no smoking" emblem characterized by a lit
cigarette within a red circle with a red slash line drawn through the
cigarette in the following locations:
(1) Inside the taxicab on the glove compartment so that it is visible to
any person seated in the front passenger seat area and on the back
of the front seat so that it is visible to any passenger seated
in the rear seat of the taxicab; and
(2) Outside the taxicab below each of the passenger door handles or affixed to
the upper part of the windows of each passenger door. Such exterior emblems
may be a plastic decal, magnetic, or painted directly on the vehicle doors
or windows. The no smoking emblem in the interior and on the exterior
of taxicabs must be at least three inches in diameter.
(b) Notwithstanding the provisions of Section 12-1.4(c), the driver of a taxicab displaying the
no smoking emblems required by subsection (a) may refuse to transport any person
who refuses to comply with the ban on smoking in the taxicab.
(c) A taxicab driver or taxicab company may waive the no smoking prohibition in
the company's or driver's taxicab.
(d) It is unlawful for any person to smoke in any taxicab designated as
a non-smoking taxicab pursuant to this section. Any person violating this subsection shall
be punished by a fine of not more than $20.00 for each violation.
Section 12-1.17 shall not apply to a violation of this subsection.
(e) Enforcement of subsection (d) shall be under the jurisdiction of the police department,
which shall have the same authority with respect thereto to issue summonses or
citations and to eject persons from taxicabs as is provided in subsections (a)
and (d) of Section 41-21.6.
(f) As used in this section, "smoke" or "smoking" means the same as is
defined in Section 41-21.1.
(Added by Ord. 93-88)
Article 2. U-Drive Motor Vehicles
Sections:
12-2.1 Public purpose and intent.
12-2.2 Definitions.
12-2.3 License--Application--Required--Exceptions--Revocation.
12-2.4 Fixed stands--Requirements.
12-2.5 Duty of licensee.
12-2.6 Violation--Penalties.
12-2.7 Prohibited act.
Sec. 12-2.1 Public purpose and intent.
It is declared to be the legislative intent of the council, City and
County of Honolulu, in enacting these provisions that the regulation of the operation
and use by U-Drive vehicles on the streets, highways, public thoroughfares in alleys
of the city, providing for licensing and safeguards to the public thereof, is
for the proper protection of the health, life and property of the inhabitants
and the preservation of good government, order and security of the city. (Sec.
12-2.1, R.O. 1978 (1983 Ed.))
Sec. 12-2.2 Definitions.
As used in this article, unless the context otherwise requires:
"Customer" means any person, persons, partnership, corporation or association renting or leasing a
motor vehicle from an operator of a U-Drive rental business; provided, however, that
this term shall not include the transactions between an operator of a U-Drive
rental business and a wholesale supplier of motor vehicles who is solely in
the business of providing vehicles to such licensee and provided that there is
no contractual relationship between the member of the general public ("customer") and the
wholesale supplier providing the vehicle to the licensee.
"Director of finance" means the director of finance of the City and County
of Honolulu.
"Fixed stand" means a place or places from which the U-Drive rental business
is conducted.
"Licensee" means any person, partnership, corporation or association obtaining a license to operate
a U-Drive rental business. This term shall exclude a wholesale supplier of motor
vehicles who is solely in the business of providing motor vehicles to such
"licensee" and who does not engage in renting or leasing motor vehicles to
a "customer" as defined in this section.
"U-Drive rental business" means the business of renting or leasing to a customer,
as defined in this section, a motor vehicle for a period of six
months or less notwithstanding the terms of the rental or lease if in
fact the motor vehicle is rented or leased for a period of six
months or less.
"U-Drive vehicle" means a motor vehicle which is rented or leased or offered
for rent or lease to a customer. (Sec. 12-2.2, R.O. 1978 (1983 Ed.))
Sec. 12-2.3 License--Application--Required--Exceptions--Revocation.
(a) Application for License. A verified application for license to conduct a U-Drive rental
business signed by a duly authorized person of the licensee shall contain the
following information:
(1) Name, address and principal place of business of the applicant.
(2) If the applicant is a partnership, the names of all partners, including general,
special or limited partners.
(3) If the applicant is a corporation, the names and addresses of all officers
and directors.
(4) If the applicant is an association, the names and addresses of all officers
and directors.
(5) The name and address of each fixed stand from which the applicant will
conduct a U-Drive rental business.
(6) The current registration number of each motor vehicle which is rented or leased,
or offered for rent or lease as a U-Drive vehicle.
(7) The name or trade name under which the applicant will conduct his U-Drive
rental business.
(8) Whether any applicant, and if such applicant is a partnership, corporation or association,
whether any officer or director thereof, has been convicted in any jurisdiction of
any felony or of any misdemeanor involving moral turpitude, and if so, and
for each conviction, the name of the person convicted, the offense, the date
of conviction, the sentence imposed and the court in which the conviction took
place.
(b) License Required. No person, partnership, corporation or association shall engage in the U-Drive
rental business without first filing an application for license, obtaining a license from
the director of finance in compliance with the provisions of this article and
the payment of an annual license fee of $50.00, said amount to be
retained by the city. The license shall be kept in full force and
effect so long as the licensee is engaged in the U-Drive rental business.
(c) License Not Issued to Certain Persons. No license shall be issued to any
person, partnership, corporation or association so long as any person whose name is
set forth in the application has been convicted of any felony or misdemeanor
involving moral turpitude within two years prior to the date of the filing
of the application.
(d) Suspension or Revocation of License. The director of finance may suspend any license
issued under this article upon 10 days written notice for the following reasons:
(1) For violation by a licensee of any provision in this article;
(2) Upon the conviction of any person whose name is set forth in the
application of any felony or misdemeanor involving moral turpitude in any jurisdiction;
(3) Upon the conviction of any agent or employee of a licensee of any
felony or misdemeanor involving moral turpitude in any jurisdiction.
If after an additional 20 days the licensee has not remedied the grounds
for the suspension, the director of finance shall revoke the license. The licensee
is then required to reapply for a license as provided in this article.
(Sec. 12-2.3, R.O. 1978 (1983 Ed.); Am. Ord. 92-71)
Sec. 12-2.4 Fixed stands--Requirements.
(a) Fixed Stand Required. No license shall be issued to any person, partnership, corporation
or association unless the U-Drive vehicle is rented or leased from a fixed
stand, the address of which shall be indicated on the license.
(b) Change of Fixed Stand. Any change in location of a fixed stand shall
be reported to the director of finance within 10 days from the date
of the change and said change of address shall be noted on the
license by the director of finance.
(Sec. 12-2.4, R.O. 1978 (1983 Ed.); Am. Ord. 94-23)
Sec. 12-2.5 Duty of licensee.
The duties of the licensee shall be as follows:
(a) Contract in Writing. Every rental or lease of a U-Drive vehicle shall be
evidenced by a contract in writing and a copy of said contract shall
be furnished to the customer.
(b) Mileage Noted on Contract. The contract shall show the mileage of the U-Drive
vehicle at the time of the rental or lease.
(c) Operator's License of Prospective Customer. To inspect the motor vehicle operator's license of
each prospective customer, comparing the signature on such license with that of said
customer and if said signature is not alike or if said operator's license
is not current and valid to authorize the prospective customer to operate a
passenger motor vehicle in the city, no vehicle shall be rented or leased
to the prospective customer.
(d) Condition of U-Drive Vehicle. To inspect the U-Drive vehicle to be rented or
leased and to make a notation of all damage existing at time of
rental or lease over the signature of the customer on the contract or
agreement as to the condition of the vehicle and this requirement shall be
a condition precedent to making any claim against a customer for damage allegedly
caused by such person to said vehicle.
(e) Daily Log Record. To maintain a daily record of the name and address
of each customer, the number of the customer's motor vehicle operator's license and
the date and place where said license was issued, the registration number of
the U-Drive vehicle rented to said customer, the time and place of turning
over the possession or control of said vehicle to said customer, the time
and place of the return of said vehicle and shall keep all such
records for not less than six years for inspection by any authorized person.
(Sec. 12-2.6, R.O. 1978 (1983 Ed.); Am. Ord. 94-23)
Sec. 12-2.6 Violation--Penalties.
(a) Any U-Drive rental business violating Section 12-2.7 shall, upon conviction thereof, be subject
to a fine not exceeding $500.00.
(b) Except as provided in subsection (a), any person violating any of the provisions
of this article shall, upon conviction thereof, be subject to a fine not
exceeding $500.00 or imprisonment for a period not exceeding six months or both.
(Sec. 12-2.8, R.O. 1978 (1983 Ed.); Am. Ord. 93-61, 94-23, 96-58)
Sec. 12-2.7 Prohibited act.
In addition to complying with the provisions contained in this article, U-Drive motor
vehicles shall not have visible identification tags, labels, stickers, or any other markers
that would identify to the public that the vehicle is a rental car
of any business licensed as a U-Drive rental business under Section 12-2.3, except
that emblems, markers or markings used for vehicle inventory control purposes only which
do not identify or advertise the U-Drive rental business by name or logo
and do not exceed more than two inches by four inches in size
and notices and signs required by state law shall be permitted. This section
shall only apply to passenger-carrying vehicles and not to motor vehicles used primarily
in the transportation of property such as trucks, trailers or a combination of
vehicles as defined in Section 15-2.28 and Section 15-2.29. (Added by Ord. 93-61;
Am. Ord. 94-23)
Article 3. Tour Services
Sections:
12-3.1 Definitions.
12-3.2 Rates.
12-3.3 Posting of maximum charges.
12-3.4 Violation--Penalty.
Sec. 12-3.1 Definitions.
Whenever used in this article, the term "touring automobile service" shall refer to
the hiring of an automobile for touring or sightseeing as distinguished from the
hiring of a taxicab or any automobile subject to call from a garage,
stand, station or other public resort, for short hauls or trips within the
city limits other than for touring or sightseeing purpose; and the term "city
limits" shall apply to that area within the district of Honolulu bounded on
the ewa side by Puuloa Road and on the diamond head side by
Kahala Avenue and Kealaolu Road. (Sec. 12-3.1, R.O. 1978 (1983 Ed.))
Sec. 12-3.2 Rates.
(a) Around-the-island Trips. The maximum rates for touring automobile services for around-the-island trips shall
be as follows:
(1) Seven-passenger cars (one or more persons):
(A) Around the island via the Pali..................... $30.00
(B) Around the island via Koko Head..................... 35.00
(C) Honolulu to the Pali, returning via Waimanalo and
Koko Head........................................... 14.00
(D) Waikiki to Pali and return........................... 6.00
(E) Honolulu (central portion) to Pali and return........ 4.00
(2) Five-passenger cars (one or more persons):
(A) Around the island via the Pali..................... $20.00
(B) Around the island via Koko Head..................... 25.00
(C) Honolulu to the Pali, returning via Waimanalo and
Koko Head............................................ 9.00
(D) Waikiki to Pali and return........................... 5.00
(E) Honolulu (central portion) to Pali and return........ 3.50
(b) Within-the-city Trips. The maximum rates for touring automobile services for trips within the
city limits shall be:
(1) Seven-passenger cars (one or more persons), per hour...... $4.00
(2) Five passenger cars (one or more persons), per hour........ 3.00
(Sec. 12-3.2, R.O. 1978 (1983 Ed.))
Sec. 12-3.3 Posting of maximum charges.
Every owner or operator of an automobile used in touring service shall keep
prominently posted at such person's place of business a printed or typewritten copy
of the maximum charges prescribed in this article and shall also keep a
copy securely placed in a plain and visible location in the vehicle operated.
(Sec. 12-3.3, R.O. 1978 (1983 Ed.))
Sec. 12-3.4 Violation--Penalty.
Any person violating any provision of this article shall upon conviction, be punished
by a fine not exceeding $500.00 or imprisonment not exceeding six months or
by both. (Sec. 12-3.4, R.O. 1978 (1983 Ed.))
Article 4. General Provisions
Sections:
12-4.1 Vehicle for hire to be marked or numbered.
12-4.2 Vehicles at docks.
12-4.3 Solicitation of passengers, hotel patrons or baggage at certain places.
12-4.4 Vehicles awaiting fare.
12-4.5 Permanent stands to be registered.
12-4.6 Blind persons accompanied by guide dogs.
12-4.7 Violation--Penalty.
Sec. 12-4.1 Vehicle for hire to be marked or numbered.
(a) It is unlawful for any person to operate, propel or drive any motor
vehicle used for the carrying of passengers for hire, unless there is attached
in plain view on the front and rear bumpers of such motor vehicle,
at a location approved by the director of finance, a numbered emblem of
such size, color and design as may be approved by the director of
finance. Such emblem shall be valid until the thirtieth day of June next
following the date of issue and shall be furnished by the director of
finance at cost upon issuance of license to carry passenger for hire required
under HRS Section 445-222, for the applicable period.
(b) It is unlawful to place or display the emblem on or transfer it
to any vehicle other than that for which it was issued, or to
duplicate or alter, or to give or otherwise transfer to another person, or
to wilfully damage or mutilate the same, except that it may be destroyed
for the purpose of removing it upon its expiration date or upon termination
of the use of the vehicle for the carrying of passengers for hire.
(Sec. 12-4.1, R.O. 1978 (1983 Ed.))
Sec. 12-4.2 Vehicles at docks.
The director of finance shall prescribe and may change from time to time
rules for the regulation of carriages or vehicles carrying passengers for hire, and
of their drivers on steamer day on streets in the vicinity of docks
or wharves. Any such driver failing to observe said rules shall have such
person's permit canceled by the director of finance. (Sec. 12-4.2, R.O. 1978 (1983
Ed.))
Sec. 12-4.3 Solicitation of passengers, hotel patrons or baggage at certain places.
It is unlawful for any person to solicit any patron for any hotel,
boardinghouse or roominghouse, or to solicit any passenger or baggage for any taxi,
bus, boardinghouse or hotel bus or taxi, baggage or transfer truck, or for
any other vehicle licensed to carry passengers or baggage at or within 500
feet of any wharf or railroad station; provided, that this section shall not
apply to any person who, at the time such person solicits any such
patron, passenger or baggage is within arm's length of the vehicle in which
such patron, passenger or baggage is to be transported. (Sec. 12-4.3, R.O. 1978
(1983 Ed.))
Sec. 12-4.4 Vehicles awaiting fare.
(a) The drivers of licensed vehicles, standing at any public place, shall obey the
orders of the police as to alignment.
(b) Except as otherwise provided in Section 12-4.2, no person, owning or having the
control of any licensed vehicle for hire shall stand or park, or permit
the standing or parking of any such vehicle on any public highway while
waiting for a fare to hire such vehicle.
(Sec. 12-4.4, R.O. 1978 (1983 Ed.))
Sec. 12-4.5 Permanent stands to be registered.
The person driving, owning or controlling any carriage or vehicle carrying passengers for
hire shall have a permanent stand for the same, which stand shall be
registered with the director of finance. Such stand shall not be changed without
first registering the change. (Sec. 12-4.5, R.O. 1978 (1983 Ed.))
Sec. 12-4.6 Blind persons accompanied by guide dogs.
It is unlawful for any operator of a motor vehicle used for carrying
of passengers for hire, to refuse or neglect to carry any blind person
accompanied by a companion-guide dog or to refuse or neglect to carry the
companion-guide dog accompanying such person, if such dog is properly harnessed so that
the blind person may maintain control of the dog, and no blind person
shall be required to pay any charge or fare for the transportation of
any such dog. (Sec. 12-4.6, R.O. 1978 (1983 Ed.))
Sec. 12-4.7 Violation--Penalty.
Any person violating any provision of this article shall, upon conviction, be punished
by a fine not exceeding $100.00 or by imprisonment not exceeding three months,
or by both. (Sec. 12-4.6, R.O. 1978 (1983 Ed.))
Article 5. Pedicab
Sections:
12-5.1 Definitions.
12-5.2 Business license--Issuance--Fee--Surrender.
12-5.3 License--Decal.
12-5.4 Bicycle license and tag.
12-5.5 Evidence of financial responsibility.
12-5.6 Certificate for pedicab operator for hire.
12-5.7 Compliance with all applicable provisions of the traffic code.
12-5.8 Prohibited acts.
12-5.9 Fares.
12-5.10 Establishment of road pedicab stands.
12-5.11 Limitation of pedicabs.
12-5.12 Condition of pedicabs for hire.
12-5.13 Authority of director of finance.
12-5.14 Transportation of bulky items.
12-5.15 Disorderly persons.
12-5.16 Soiling of pedicab.
12-5.17 Violation--Penalty.
12-5.18 Business license, operator's certificate or application--Notice of suspension, revocation
or denial--Hearing--Review.
12-5.19 Severability.
Sec. 12-5.1 Definitions.
As used in this article, unless the context otherwise requires:
"Chief of police" means the chief of police of the City and County
of Honolulu, or the chief of police's duly authorized subordinates.
"Council" means the council of the City and County of Honolulu.
"Director of finance" means the director of finance of the City and County
of Honolulu or the director of finance's duly authorized representative(s).
"Director of transportation services" means the director of the department of transportation services
of the City and County of Honolulu or the director of transportation's duly
authorized representative(s).
"Passenger for hire" means a person transported in a pedicab for consideration.
"Pedicab" means a multi-wheeled hooded or unhooded passenger vehicle that is moved by
human power or any pushcart or rickshaw-type vehicle with two wheels pulled or
propelled by any person, which is used in the movement of passengers or
property 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, demand or on a schedule.
"Pedicab operator" means a person duly licensed as the operator of a pedicab
who has obtained a valid pedicab operator's certificate.
"Property for hire" means property transported in a pedicab for consideration.
"Road pedicab stand" means a space set aside on a public street or
city-controlled facility by the council for the exclusive use of pedicabs.
"Waiting time" means and includes the period during which a pedicab is standing
at the direction of or on behalf of a passenger for hire and
the time consumed due to traffic delays while transporting a passenger for hire.
(Sec. 12-5.1, R.O. 1978 (1983 Ed.))
Sec. 12-5.2 Business license--Issuance--Fee--Surrender.
(a) Issuance.
(1) The director of finance shall issue business licenses for pedicabs for hire and
collect the required fees in accordance with the provisions of this article and
any other applicable provisions of the law.
(2) The issued business licenses shall not be transferable and shall be mounted within
the cab so that they are readily visible to all passengers.
(b) Fees.
(1) The annual fee for a business license for a pedicab shall be $26.00
per vehicle; provided, that when a business license fee has already been paid
on a vehicle and that vehicle is, within the year, replaced by another
vehicle, the unexpired portion of the business license fee paid on the vehicle
so replaced shall be credited to the business license fee payable for the
substitute vehicle. For the purposes hereof, the unexpired portion of the business license
fee paid on the vehicle which has been replaced shall be that portion
of the annual fee which is equal to eight and one-third percent of
said fee multiplied by the number of full months remaining during the current
licensing year. The business licensing year shall start on July 1st and terminate
on June 30th, the year following.
Whenever a vehicle licensed as a pedicab is replaced by another vehicle under
the provisions of this article, the sum of six dollars in addition to
the business license fee shall be assessed against the owner of the vehicle
so replaced to defray the administrative costs incurred by the city.
The sums collected shall be deposited in the general fund.
(2) Upon surrender, the license shall be canceled.
(c) Surrender and Cancellation.
(1) The holder of a business license for a pedicab shall immediately surrender said
license to the director of finance:
(A) Upon close out, transfer or reassignment of the business for which a license
has been issued. The director of finance shall be notified in writing within
30 calendar days of such closing out, transfer or reassignment;
(B) If in the interim, the vehicle is taken out of service permanently for
any reason.
(2) Upon surrender, the license for a pedicab shall be canceled.
(Sec. 12-5.2, R.O. 1978 (1983 Ed.); Am. Ord. 92-70)
Sec. 12-5.3 License--Decal.
(a) The director of finance shall annually furnish the owner of a pedicab a
business license decal similar to that currently issued in the licensing of taxis
and buses upon the payment of two dollars which shall be valid until
the 30th day of June next following the date of issue.
(b) The sums collected shall be deposited in the general fund.
(c) The decal is partly for identification of the pedicab. It shall be large
enough to be legible from a reasonable distance.
(d) The decal shall be fastened or displayed on the rear of the vehicle
for which it was issued. The decal shall be kept reasonably clean and
displayed entirely unobscured.
(e) The decal shall be nontransferable and shall be removed and returned to the
director of finance for destruction upon the termination, transfer or reassignment of the
business.
(f) No pedicab shall be operated on a public highway or other public property
without a pedicab decal issued to that pedicab. All violators shall be cited
by the chief of police.
(g) Any person who uses a license or decal not furnished in accordance with
this article or uses any license or decal described in such article for
two consecutive years, or who counterfeits any such license or decal or who
fraudulently removes such a license or decal from any pedicab shall be fined
not more than $1,000.00.
(Sec. 12-5.3, R.O. 1978 (1983 Ed.); Am. Ord. 92-70)
Sec. 12-5.4 Bicycle license and tag.
No provisions in this part shall be construed to relieve a pedicab owner
from complying with the requirements of HRS Section 249-14, relating to bicycle tax.
(Sec. 12-5.4, R.O. 1978 (1983 Ed.))
Sec. 12-5.5 Evidence of financial responsibility.
(a) The director of finance shall require evidence of financial responsibility from the owner
and/or operator of the pedicab for hire before issuing a business license and
decal to engage in a pedicab for hire. The owner and/or operator shall
have insurance in force or other evidence of financial responsibility so long as
the pedicab is used in business.
(b) Such evidence of financial responsibility may be in one of the following two
methods:
(1) Insurance Policy. The director of finance shall retain the original insurance policy issued
by a company licensed to do business in the State of Hawaii. The
policy shall be duly countersigned by its authorized Hawaii agent complete with all
endorsements and attachments or a certified copy thereof. Such policy shall provide for
primary public liability insurance coverage in the amount of $100,000.00 because of bodily
injury to or death of one person in any accident, and in the
amount of $200,000.00 because of bodily injury to or death of two or
more persons in any one accident, and property damage insurance in the amount
of $20,000.00 because of damage to or destruction of property of others in
any one accident for each pedicab for hire. All policies shall be on
a fiscal year basis ending on June 30th of each year. Insurance policies
on vehicles regulated under this article shall contain a provision that the policy
will not be reduced in coverage or canceled without 30 calendar days' prior
written notice to the director of finance by the authorized Hawaii agent for
the insurance company.
(2) Legal Tender or Other Securities. A deposit with the director of finance of
legal tender, cashier's check, bank draft, irrevocable letter of credit, certified check, bond
or other security determined to be satisfactory by the director of finance in
the total amount of $200,000.00. Such security shall be held by and made
payable to the director of finance and shall not expire for a period
of two years after the termination of the business license for the secured
pedicab carrying passengers or property for hire. The licensee shall not receive interest
for such deposit. Upon expiration of such two-year period, the licensee shall be
refunded the deposit or balance thereof, provided no suit against the proceeds of
such security has been commenced during such period. The conditions of liability for
the security in this subsection shall be the same as specified for policy
of insurance contained hereinabove. The director of finance shall satisfy from the proceeds
of such security any judgment against the licensee and/or operator arising from the
operation of a pedicab for hire. Neither the city, its officers, employees, agents
or appointees shall be liable to the licensee and/or operator for any payments
made pursuant to such judgment.
(3) Revocation of Business License and License Decal. If, at any time after the
issuance of the business license and license decal:
(A) The required insurance coverage is reduced or canceled and the licensee fails to
immediately replace such coverage with the securities described in paragraph (2) of this
subsection; or
(B) The security deposited with the director of finance falls below the required amount
as a result of claims satisfied against the licensee and said licensee fails
to immediately replenish the proceeds of such security to the required amount,
the director of finance shall revoke or suspend the business license and license
decal. Such revocation shall be done in accordance with the provisions of Section
12-5.13 (a) of this article.
(Sec. 12-5.5, R.O. 1978 (1983 Ed.))
Sec. 12-5.6 Certificate for pedicab operator for hire.
(a) No operator of a pedicab shall use or cause to be used, for
purpose of hire, a pedicab which does not have an operator's certificate mounted
within the pedicab at a location fixed by the director of finance so
as to be visible from within and from outside the cab. The certificate
for an operator of a pedicab for hire shall be issued by the
director of finance. The face of the certificate shall contain a photograph of
the operator to be furnished by the operator, the operator's name, and the
operator's number, which shall be issued and stamped on the certificate by the
director of finance. Any other information specified by the director of finance shall
be placed on the back of the pedicab operator's certificate. The operator's certificate
shall be laminated in plastic or so constructed so as to make alteration
difficult. The photograph shall be unretouched and must show a reasonable likeness of
the operator. It shall be a violation of this article for any person
to alter such operator's certificate.
(b) The director of finance shall collect a fee of $25.00 for the issuance
of each original operator's certificate and two dollars for each duplicate operator's certificate
which will authorize the parking of one pedicab in one authorized sidewalk pedicab
stand and in one road pedicab stand. The sums collected shall be deposited
in the general fund.
(c) No certificate for an operator of a pedicab shall be issued to any
person unless such person has:
(1) Satisfactorily passed an examination showing:
(A) A sufficient understanding of the traffic laws or ordinances of the City and
County of Honolulu, and this article,
(B) A sufficient understanding of the locations of streets, roads, and highways within the
City and County of Honolulu,
(C) A sufficient understanding of the English language by successfully completing this examination;
(2) Complied with the rules adopted by the director of finance relating to moral
character and physical fitness of the applicant based on prior records or certified
documents relative thereto; and
(3) Obtained a state general excise tax license.
The director of finance shall furnish every pedicab operator a copy of this
article and any other pertinent laws and rules for information and guidance. The
cost shall be included in the $25.00 operator's certificate fee.
(d) Every pedicab operator's certificate issued under this section shall expire, unless otherwise revoked,
one year after the issuance thereof and shall be renewed on or before
its expiration date upon meeting the standards set in subsection (c) of this
section, to determine the fitness of the applicant to continue as a pedicab
operator for hire by the director of finance. A new set of unretouched
photographs showing a reasonable likeness of the operator shall be furnished with each
application for renewal.
(e) Whenever the operator's certificate of any pedicab operator is suspended or revoked, the
director of finance shall require that the pedicab operator's certificate be surrendered to
and be retained by the director of finance except that at the end
of the period of suspension the certificate so surrendered shall be returned to
the licensee.
(Sec. 12-5.6, R.O. 1978 (1983 Ed.); Am. Ord. 92-70, 94-11)
Sec. 12-5.7 Compliance with all applicable provisions of the traffic code.
(a) Pursuant to Section 15-4.5, every person operating a pedicab shall be subject to
provisions of Chapter 15 (traffic code), as amended, applicable to the driver of
any vehicle, except those provisions which by their very nature can have no
application. This is not to be interpreted to authorize pedicabs to travel at
low speeds in the fast lanes of traffic; to cut in and out
of traffic abruptly; to travel counter to the normal flow of traffic; to
disregard traffic signals, markings and signs; to use the wrong side of the
street; to block traffic and pedestrians; to use sidewalks for any purpose except
as specifically authorized; to stop or park except in authorized places; to go
the wrong way on one-way streets; or to authorize any other uses not
legally allowed the operator (driver) of any other private vehicle. The preceding acts
by pedicab operators are specifically prohibited and violators shall be cited by the
chief of police.
(b) Any other provision of law to the contrary notwithstanding, no pedicab shall be
operated on any sidewalk except as provided in other parts of this article
and below:
(1) While in motion on a sidewalk, a pedicab shall be walked by its
operator;
(2) No pedicab shall be stopped, parked, or left standing, whether attended or unattended,
on any sidewalk, for any purpose except in an authorized pedicab stand area.
All portions of the pedicab shall be within the marked pedicab stand while
so stopped, parked or left standing;
(c) Pedicabs shall be allowed to utilize exclusive bus lanes but shall at no
time interfere with, slow or block a bus that is in the bus
lane. No pedicab shall stop in a bus lane for any period of
time, reason or purpose whatsoever.
(d) Every person operating a pedicab upon a roadway at a speed less than
the normal speed of traffic moving in the same direction at such time
shall ride as near to the righthand curb or edge of the roadway
as practicable, exercising due care when passing a standing vehicle or one proceeding
in the same direction except under any of the following situations:
(1) When preparing for a left turn at an intersection or into a private
road or driveway, except where prohibited by official traffic control devices;
(2) When reasonably necessary to avoid conditions (including, but not limited to, fixed or
moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, etc. or substandard width lanes)
that make it unsafe to continue along the righthand curb or edge. For
purposes of this section, a "substandard width lane" is a lane that is
too narrow for a pedicab and a vehicle to travel safely side by
side within the lane; or when a roadway is designated and signposted to
carry traffic in one direction only and has two or more marked traffic
lanes, a person operating a pedicab may ride as near to the left-hand
curb or edge of such roadway as practicable.
(Sec. 12-5.7, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)
Sec. 12-5.8 Prohibited acts.
In addition to complying with various provisions contained in this article as well
as the applicable traffic code:
(a) Pedicabs shall not be operated or allowed on sidewalks except to park in
an authorized sidewalk pedicab stand and for the purpose of crossing, for ingress
or egress to and from a public highway in the shortest time and
distance possible and as provided in another section of this article.
(b) No person shall back a pedicab from a public highway into a fixed
stand where it is otherwise legally possible to maneuver such pedicab so as
to thereafter emerge from said fixed stand without backing onto the highway.
(c) There shall be no more than two passengers to a pedicab at any
one time who shall remain seated throughout the ride.
(d) An additional passenger shall not be picked up without the consent of the
other passenger for hire already in the pedicab. The fare of the additional
passenger for hire shall be determined by the passengers for hire among themselves.
The total fare shall be the same as for one passenger.
(e) Pedicabs shall not be parked on public property except in those locations specifically
designated as "road pedicab stands" or in other locations designated for the parking
of vehicles. When in metered stalls, all fees shall be paid.
(f) Pedicabs shall not violate pedestrians' rights-of-way at any time.
(g) Pedicabs shall not be operated side by side with or abreast of each
other at any time, except when passing.
(h) No procession, caravan, parade or train of more than 15 shall occupy or
proceed along any street except in accordance with a permit issued by the
director of transportation services and such other regulations as are set forth herein
and in the traffic code which may apply.
No pedicab procession, caravan, parade or train of any number shall be permitted
during the hours of six-thirty to eight-thirty a.m. and three-thirty to five-thirty p.m.,
Monday through Friday, except holidays.
(i) No person shall use any pedicab upon the highway unless it is equipped
with a bell or any other device, except a siren or a whistle
which are prohibited, capable of giving a signal audible for a distance of
at least 100 feet.
(Sec. 12-5.8, R.O. 1978 (1983 Ed.))
Sec. 12-5.9 Fares.
(a) Time Charges. Unless reduced or waived by the pedicab operator pursuant to subsection
(d), any driver, owner or operator of a pedicab shall charge $2 per
minute for the use of a pedicab for purposes of hire per trip,
regardless of the number of passengers on the trip. The fare shall be
measured by a meter, approved by the director, calibrated to charge the current
fare on a per-minute basis. The meter shall be reset at the beginning
of each trip.
(b) Posting of Fares. Signs indicating the current fare to be charged per minute
shall be in English and Japanese and shall be posted and visible from
within and from outside the cab. Information on the fare shall specify the
charge per minute on a per-trip basis. Such signs shall also indicate a
24-hour telephone number to call for pedicab complaints. During all hours when vehicles
are required to be lighted, the signs and the meter shall also be
readily discernible to the passengers for hire. Signs posting the fares shall be
printed in bold type letters and numerals not less than three-eighths of an
inch in height, shall not be abbreviated and shall be approved by the
director of finance before they are mounted on the pedicab.
(c) Fares may only be charged for the use of the pedicab when actually
occupied by the passenger for hire. No other charges shall be made for
the use of a pedicab for hire.
(d) The collection of any charge may, at the option of the pedicab operator,
be reduced or waived.
(e) At the end of a pedicab trip, the operator shall provide at least
one passenger with a receipt that records the passenger's name, date of pedicab
service, the number of minutes of the pedicab trip, the fare received, the
name of the pedicab operator and the pedicab operator's number.
(Sec. 12-5.9, R.O. 1978 (1983 Ed.); Am. Ord. 92-126, 94-11)
Sec. 12-5.10 Establishment of road pedicab stands.
The city council shall establish road pedicab stands on public streets and city-controlled
facilities upon recommendation of the director of transportation services. The director of transportation
services shall study and recommend to the city council the site placement of
such stands. The director of finance shall issue pedicab operator certificates under another
section of this article which will automatically include pedicab stand permits. The fees
for such pedicab stand permits shall be established pursuant to law. (Sec. 12-5.10,
R.O. 1978 (1983 Ed.))
Sec. 12-5.11 Limitation of pedicabs.
(a) The city council shall establish a limit on the number of pedicabs used
to carry fare-paying passengers for hire operating in the City and County of
Honolulu upon a finding of public convenience and necessity based on the recommendation
by the director of transportation services. The director of transportation services shall make
an annual recommendation to the city council based upon the director of transportation
services' study and review which shall include, but not be limited to, the
following:
(1) The effect on the consumer;
(2) The number of pedicabs for hire already in operation;
(3) Whether existing transportation is adequate to meet the public needs;
(4) The probable effect of pedicab for hire service on traffic conditions, especially in
the Waikiki resort areas;
(5) The effect on revenues of existing holders of taxi business licenses;
(6) The effect on the wages or compensation and working conditions of existing pedicab
licensees;
(7) Public convenience and necessity; and
(8) Any other facts which the director deems relevant.
(b) Said limit may be set prior to July 1st annually beginning in 1979.
Said recommendation shall be submitted 60 days prior thereto. The director of transportation
services shall, by May 1, 1979 and each May 1st thereafter, submit to
the city council a recommendation on the limit on the number of pedicabs
for hire. Subsequent to the adoption and approval of this article, there will
be no issuance of any business license for pedicabs for hire until action
by the city council, or the recommendation on the limit on the number
of such vehicles, is taken.
(Sec. 12-5.11, R.O. 1978 (1983 Ed.))
Sec. 12-5.12 Condition of pedicabs for hire.
No vehicle shall be operated as a pedicab for hire unless it is
in a reasonably clean and safe condition inside, as well as externally, so
as not to injure or damage the person, clothing or possessions of a
passenger. The vehicles' exterior shall be reasonably clean and shall be essentially free
from cracks, breaks and major dents. It shall be painted to provide adequate
protection and a neat and clean appearance. Repairs done to comply with this
section shall be done within a reasonable time based on availability of parts
and labor. Every pedicab while on a public street shall carry a battery
or generator operated headlight and taillight and shall carry spoke reflectors placed on
each wheel and tape type reflectors showing the front and the back width
of the vehicle. (Sec. 12-5.12, R.O. 1978 (1983 Ed.))
Sec. 12-5.13 Authority of director of finance.
(a) Denial, Suspension, or Revocation of Pedicab Operator's Certificate or Business License and License
Decal. The director of finance is authorized to deny initial issuance or renewal
or suspend or revoke any certificate for a pedicab operator for hire and
to suspend or revoke any business license and license decal if an applicant
cannot meet the requirements set forth in this article, or an operator violates
any of the provisions contained in this article. In the case of suspension
or revocation of a certificate or business license and license decal by the
director of finance, the pedicab operator shall be afforded notice and an opportunity
for a hearing prior to the suspension or revocation, pursuant to the provisions
of HRS Chapter 91.
(b) Rule Making Powers. The director of finance is authorized to promulgate any rules
or regulations not inconsistent with this article, having the force and effect of
law, as provided for in HRS Chapter 91, in the administration and enforcement
of this article.
(Sec. 12-5.13, R.O. 1978 (1983 Ed.))
Sec. 12-5.14 Transportation of bulky items.
A pedicab operator may refuse to transport any item not capable of being
transported within the confines of the passenger compartment of the pedicab. (Sec. 12-5.14,
R.O. 1978 (1983 Ed.))
Sec. 12-5.15 Disorderly persons.
Notwithstanding any of the foregoing provisions, the operator of a fixed stand may
refuse to dispatch a pedicab to, and the operator may refuse to furnish
transportation to a disorderly person. (Sec. 12-5.15, R.O. 1978 (1983 Ed.))
Sec. 12-5.16 Soiling of pedicab.
A pedicab operator may require a passenger for hire, whose condition may be
likely to soil the seats of the pedicab, to sit upon protective material
furnished by such operator. Upon noncompliance with the request, the pedicab operator may
refuse to transport such passenger. (Sec. 12-5.16, R.O. 1978 (1983 Ed.))
Sec. 12-5.17 Violation--Penalty.
(a) Unless otherwise provided for in this article or subsection (b) of this section,
any person violating any of the provisions of this article shall, upon conviction
thereof, be subject to a fine not exceeding $2,000.00 or imprisonment for a
period not exceeding one year or to both such fine and imprisonment.
(b) Any person who violates or causes a pedicab to violate any provision of
Section 12-5.7 or Section 12-5.8 shall be fined not less than $15.00, but
not more than $500.00.
(Sec. 12-5.17, R.O. 1978 (1983 Ed.); Am. Ord. 90-77, 94-11)
Sec. 12-5.18 Business license, operator's certificate or application--Notice of suspension, revocation or denial--Hearing--Review.
(a) Notice of Intent. The director of finance shall issue and serve upon a
licensee, permittee or applicant (hereinafter referred to as "appropriate party") a notice of
intent to suspend, revoke or deny a business license or operator's certificate and
license decal (hereinafter referred to as "business documents") before the director of finance
shall take any of the foregoing actions until and unless the appropriate party
has been granted a hearing unless the appropriate party waives such hearing. If
the appropriate party waives such person's right or privilege for a hearing, the
director of finance may issue in writing an appropriate decision and order.
(b) Service of Notice. The director of finance shall serve the notice of intent
by mailing the notice by certified or registered mail to the appropriate party
at the party's last known address.
(c) Request for Hearing. The appropriate party who has received a notice of intent
as prescribed in subsection (a) of this section shall, if the party desires
a hearing, affix such person's signature as designated on the copy and have
same returned to the director of finance either through the process server or
by certified mail.
(d) Notice of Date of Hearing. Whenever the appropriate party requests a hearing, the
director of finance shall issue a notice of such hearing to the appropriate
party, and such hearing shall be held no later than 20 working days
after the director of finance has received the request for hearing from the
appropriate party.
(e) Procedure for Hearing. Any hearing conducted hereunder shall be pursuant to rules and
regulations promulgated under HRS Chapter 91. Such hearing may be conducted by a
panel consisting of three officers of the executive branch who shall be appointed
by the mayor.
(f) Panel to Suspend, Revoke or Deny Business Documents. After the panel has conducted
a hearing, it may rule either in favor or against the action to
be taken by the director of finance and if its decision is adverse
to the appropriate party, it shall be in writing or stated in the
record and shall be accompanied by separate findings of fact and conclusions of
law.
(g) Judicial Review. Any person aggrieved by the final decision and order of the
panel may appeal same to the circuit court as provided in HRS Section
91-14.
(Sec. 12-5.18, R.O. 1978 (1983 Ed.); Am. Ord. 94-11)
Sec. 12-5.19 Severability.
The provisions of this article are declared to be severable. In accordance therewith,
if any portion of said article is held invalid for any reason, the
validity of any portion of this article shall not be affected and if
the application of any portion of this article to any person, property or
circumstance is held invalid, the application hereof to any other person, property or
circumstance shall not be affected. (Sec. 12-5.19, R.O. 1978 (1983 Ed.))
Revised Ordinances