Section 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.[Eff ] (Auth: HRS §§ 271-9, 271-17) (Imp: HRS § 271-17)