Haw. Code R. § 6-62-9 - Liability for baggage and cargo
(a) In addition to
the security required in section 6-62-8, no motor carrier may operate upon or
use the public streets or highways of the State until it has filed with the
commission evidence of security in an amount equal to at least one-half of the
total amount of declared value or values of any cargo or baggage released to
the carrier which may be damaged, destroyed, or lost up to:
(1) $1,500 on property carried on any one
motor vehicle, whether or not the loss or damage occurs while the property is
on a motor vehicle; and
(2) $3,000
for any loss or damage or aggregate of loss or damage occurring at any one time
and place of or to property in the carrier's custody.
(b) The amount of the security provided in
subsection (1) does not apply to motor carriers engaged exclusively in the
transportation of commodities requiring discharge or transport by gravity
discharge equipment. These motor carriers shall have at all times cargo
insurance in an amount equal to the market value of the property in the
carrier's custody or $100, whichever is greater.
(c) The requirements of subsections (a) and
(b) may not be diminished by any limitation of liability or limitation of the
amount of recovery or representation or agreement as to value in any receipt,
bill of lading, contract, or rule or in any tariff filed with the commission.
No contract, receipt, rule, or other limitation of any character may exempt a
motor carrier from the liability imposed by subsections (a) and (b), except
that motor carriers may limit their liability for:
(1) Baggage on passenger motor vehicles or
baggage on motor vehicles carrying passengers; and
(2) Property received for transportation for
which the motor carrier is expressly authorized by the commission to establish
and maintain rates dependent upon the value declared in writing by the shipper
or agreed upon in writing as the value of the property. The declaration or
agreement has no other effect than to limit liability and recovery to an amount
not exceeding the value declared or agreed upon.
(d) Nothing in this section shall deprive the
holder of a receipt or bill of lading of any remedy or right of action under
existing law.
Notes
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