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37 Regulation and Enforcement of Commercial Ground Transportation Services on Airports This chapter describes the typical responsibilities of airport ground transportation staff with respect to the control and management of commercial ground transportation services. It describes how these staff typically coordinate with the staff of other airport departments and how they enforce existing rules and regulations. Typical Responsibilities of Airport Ground Transportation Management and Staff The duties and responsibilities of airport ground transpor- tation managers and their staff vary considerably. Even the titles for the manager of these functions will vary. While the most common title is Director/Manager/Supervisor of Ground Transportation, airports also refer to this position as Landside Manager. In most articles and publications these terms are used interchangeably. At smaller airports these ground transporta- tion functions and tasks are often performed by an individual having a title such as Operations Director or Supervisor. As shown in the Figure 6-1, almost all ground transporta- tion managers and their staffs are responsible for rules enforce- ment, contracts, day-to-day operations, and fee collection. Other common duties include access planning, parking, and roadway management. Coordination with Properties/ Concessions, Finance, and Other Airport Departments In addition to the functions and tasks enumerated herein, the manager of the airport ground transportation department of an airport usually has the responsibility of coordinating with the other departments within the airport. It is the respon- sibility of the ground transportation manager to ensure that the staff of the properties department (or similarly named department), for example, are aware of any pending changes in roadway use or facilities being used by ground transporta- tion. At some airports the properties department is responsible for the award of contracts to ground transportation conces- sionaires, third-party contractors responsible for oversight of commercial ground transportation services, or counter leases. Ground transportation contracts which are competitively bid must include the specifications and background infor- mation compiled from the procurement department of the airport and approved by legal staff. Responding to questions about an RFP for commercial ground transportation services also involves coordination with the procurement depart- ment. Coordination with the finance department regarding the collection of fees, transmittal of revenue, and dunning notices to those companies that are tardy in the payment of the required fees are also examples of expected coordination. Frequent coordination between concession administration and the airportâs legal department is often required of the ground transportation manager as questions arise during the life of the contract concerning proposed changes to existing regulations or guidance on the enforcement of these regulations including questions about appeals and imposition of fines or penalties. The airportâs risk management department can pro- vide guidance on the types and amounts of insurance a com- mercial ground transportation company should be required to maintain, and information on the types of insurance carriers who are considered acceptable. Enforcement Procedures and Legal Provisions Airports may establish rules and regulations to govern the operation of commercial ground transportation companies and drivers. However these measures will not be effective unless they are properly enforced. Proper enforcement requires the active and consistent enforcement of the established rules and regulations by an adequate number of qualified officers. Prior to the airport adopting new commercial ground transportation C H A P T E R 6
38 policies, rules, or regulations it is incumbent upon staff to first (1) ensure that these rules are legally enforceable, (2) develop the procedures to be used to enforce the new rules, and (3) determine the extent of the required staff and support- ing resources. Enforcement of violations of airport rules and regulations may be in the form of fines or penalties including suspensions, vehicle impoundment, or revocation of operat- ing privileges. At smaller airports a single department or section (typically airport police) is responsible for enforcing commercial ground transportation operations. At larger airports, the responsibil- ity for enforcing commercial ground transportation opera- tions is frequently divided between (1) staff responsible for enforcement of airport rules (e.g., failure to have a valid per- mit or driver ID, non-compliance with standards concerning vehicle or driver appearance, or improper use of passenger boarding areas) and (2) staff responsible for enforcement of city or state laws (e.g., speeding, reckless driving, operating under the influence, fights between drivers, or solicitation). At large airports the enforcement of airport rules is typically the responsibility of airport staff including ground transpor- tation staff, duty officers, or third-party contractors retained by the airport (e.g., ground transportation agents) or TCOs. Enforcement of city and state laws is typically the responsi- bility of sworn police officers or LEOs. Larger airports prefer to use TCOs to enforce commercial ground transportation services as these officers are able to give their full attention to these tasks, while police officers may also be required to perform other duties. Some airports use a sliding scale system, where a small fine or penalty is imposed for the first offense, a moderate penalty for the second, with the penalty increasing in severity with each additional offense, often leading to hefty fines, long-term sus- pension, or removal of airport operating privileges. Monterey Regional Airport charges a fine of $250 for the first offense, $500 for the second, and $1,000 for the third. A common prac- tice for tracking these offenses is developing a point system. At Savannah/Hilton Head International Airport drivers accrue points for noncompliance with airport rules and regulations. The penalties incurred for accruing a set number of points over a given time frame are shown in Table 6-1. Citations given at airports are typically civil penalties. The Port Authority of New York and New Jersey worked to change illegal solicitation from a civil penalty to a criminal offense, Source: LeighFisher, based on data from the 2013 AGTA Airport Landside Management Survey, 2015. Figure 6-1. Duties performed by airport ground transportation departments.
39 has greater control over how commercial vehicle operator rules are enforced on the airports roadways. However these agents have no police powers to arrest or restrain any unruly behavior. Should there be trouble, the TCO would have to call a police officer to keep the peace and make any necessary arrests. An airport may also utilize contract staff to manage the traffic and cite taxicab drivers for rules violations. The use of a contractor reduces the airport head count and associated personnel costs and gives the airport more control over their actions. Similar to TCOs, the enforcement powers of these contractors are limited to citing taxicabs and other commer- cial vehicles for violation of airport rules. Use of Mystery Shoppers Depending on the jurisdiction, the citation does not need to be written by a licensed enforcement officer, removing the need for an officer to attend court to have a fine imposed. Salt Lake City International contracts with a mystery shopping service who routinely evaluates the various modes of ground transportation. The results of these âshopsâ can be used to impose fines for any violations that occurred during the trip. As the fines for each individual can be cumulative if multiple rules or regulations were violated, the resulting citations can be costlyâup to $11,000. These citations are distributed to both the driver and the company, which receives a report on any mystery shops performed on their company operated vehicles, whether or not a citation was issued. Focused Enforcement or âStingsâ Stings are one method of enforcing rules and regulations in a manner that will quickly garner the attention of any potential violators. Enforcement staff will conduct stings in the commercial vehicle hold lot or limousine parking lots and impound any vehicles found in those areas that are not authorized to serve the airport, whether due to lack of an air- port permit, waybill, or other violation. These stings typically result in multiple citations and serve as a warning to potential violators that the airportâs rules and regulations need to be followed or consequences will be incurred. Curbside Inspections Regular checks by curbside enforcement or dispatching staff and staff in the commercial vehicle hold lot are also effective means of enforcing airport regulations. At Dallas/ Fort Worth International Airport each taxicab is visually inspected and checked for one random item when the driver enters the taxicab queue. At Denver International, Reagan creating a greater disincentive for drivers to solicit passen- gers and easier prosecution of offenders in the states of New York and New Jersey. Similarly, with the support of San Fran- cisco International Airport, the State of California adopted Assembly Bill 1885 which provides airport police with the enforcement authority needed to reduce illegal solicitation by limousine drivers (i.e., arresting drivers and impounding their vehicle). (A special bill was required because the airport is operated by the City and County of San Francisco but is located in San Mateo County.) Often times, citations given at the airport may be difficult to prosecute due to a lack of witnesses available or willing to testify. Although it varies by jurisdiction, many times a wit- ness such as the citing officer needs to testify during the court hearing for the citation to be enforced. To minimize the time police who issued citations are required to be away from the airport, the Metropolitan Washington Airports Authority has an arrangement with the courts where any cases from either Dulles International or Reagan National Airport are pro- cessed at one time. Additional information about this practice is provided in Chapter 8 Section B3. Examples of enforce- ment procedures are listed in the following paragraphs. Use of LEOs, TCOs, and Contract Staff Airport officials can utilize LEOs, TCOs, or contract staff for enforcement. Each of these options has both positive and negative aspects. By far the most powerful of the three is the LEO. These officers can issue citations, write tickets, and arrest individuals if necessary. However, writing parking tickets or citations for burned out taillights may not be viewed as real police work by many licensed officers. In addition these offi- cers may not be under the control of the airport but instead controlled by the city police department and only assigned to the airport. Thus, when greater emphasis is to be placed on one issue or another, this lack of control may limit the airportâs ability to uniformly enforce some of its regulations. For greater control of the day-to-day curb, airports use TCOs to move traffic through the terminal and also to write tickets for rules and traffic violations. In this way the airport Points Accrued Time Frame Penalty 4 1 year One week suspension 6 1 year One month suspension 8 2 years Airport badge revoked Source: LeighFisher, based on data provided by Savannah Airport Commission, 2014. Table 6-1. Savannah/Hilton Head International Airportâs point system.
40 La ck o f a irp or t pe rm it Ve hi cl e ag e/ co n di tio n Fa re re fu sa l Im pr op er in su ra nc e Ill eg al / i m pr op er so lic ita tio n N on - co m pl ia nc e w ith p ub lis he d sc he du le s/ fa re s D riv er b eh av io r St op pi ng in u n au th or iz ed ar ea s Taxicabs X X X X X X Limousines X X X X X Shared-ride X X X X X X Courtesy vehicles X Scheduled vans/buses X X Charter buses X Ride brokering services X X X Table 6-2. Common commercial ground transportation airport violations. mon practice is to allow a specified time frame (i.e., 10 days) to request in writing that the airport review the allegation. If the operator does not appeal the violation within that timeframe, then a penalty may be imposed. Some common violations by each mode are shown in Table 6-2. National, and Monterey Regional airports, a third-party curbside management contractor is responsible for issuing violations, which are then reported to airport staff to process. An appeal process is an important aspect of any enforce- ment program that allows an operator found in violation of the rules and regulations to contest the alleged violation. Com-
