Survey of Laws and Regulations of Airport Commercial Ground Transportation (2008)

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83 MICHIGAN Statewide Regulations The State of Michigan generally regulates motor vehicles operating within the state. Michigan Compiled Laws § 257 (2007). For more information, contact the Michigan DOT at (517) 373-2090 or visit its Web site at http://www.michigan.gov/mdot/. Case History A rental car company filed suit alleging its rights were violated when the airport sought to charge an additional fee for in-terminal concessions. The District Court denied the rental car company’s challenge, holding that an airport may provide different quality concession services to companies that provide different services. As a result, the airport may vary its charges accordingly. Budget Rent-A-Car Systems. v. County of Wayne, 742 F. Supp. 947 (E.D. Mich. 1990). Several airport shuttle service providers challenged an airport fee under a state constitutional rule that prohibited local authorities from charging taxes not authorized by the state legislature. The Appellate Court disagreed with the challenge, and found that for the purposes of state law, airport access fees were not taxes. A&E Parking v. Detroit Metro. Wayne County Airport Auth., 723 N.W.2d 223, 271 Mich. App. 641 (2006). Taxicab companies sought to prevent a township from enforcing its licensing ordinance. The township contended that state law “so comprehensively covered the operation of taxicabs at the airport that the township was thereby precluded from imposing its licensing ordinance upon such business.” The court explained that once a taxicab company has received the authorization to pick up a passenger from the governing airport board, it may not be subject to another licensing scheme from the local township. Checker Cab v. Romulus, 123 N.W.2d 772, 371 Mich. 232 (1963). Michigan—Detroit Metropolitan Wayne County (DTW) Overview The Wayne County Airport Authority operates DTW under special authorization from the state legislature. The authority’s primary rules are the Airport Ordinances. They are more commonly referred to as the Airport Rules and Regulations. Airport Rules and Regs. § 1 (2005). DTW is a semi-closed system. Local City Regulations Cited as: Municipal Code ch. 28 § x-xx (2007). For Hire Vehicles Vehicles for hire are generally regulated by the City of Detroit. Detroit, Mich., Municipal Code ch. 28 (2007). Taxicabs Taxicabs and luxury sedans must be bonded by the city. Drivers and operators comply with

84 operation requirements. Municipal Code ch. 28 §§ 2-20–2-49 (2007). Bus Services All buses are regulated by the City Code. Bus drivers must comply with rules regarding bus operations, bonding, licensing, and badging. Municipal Code ch. 28 § 4 (2007). Operators must make certain that buses meet city standards for equipment quality and operational safety environmental controls, and operate on approved routes. Id. Charter buses are subject to additional permit and approval requirements. Municipal Code ch. 28 §§ 4-133–4-147 (2007). Limousines Limousines must be bonded by the city. Municipal Code ch. 28 §§ 2-31–2-58 (2007). Drivers and operators comply with operation requirements. Id. Public Driver’s License All drivers must be issued a Public Driver’s License by the City of Detroit. Municipal Code ch. 28 § 2-61 (2007). Drivers must pay a fee, pass a test, and follow city ordinances in order to keep and operate under a Public Driver’s License. Municipal Code ch. 28 §§ 2-62–2-68 (2007). Operators must keep required records and comply with appropriate state laws. Municipal Code ch. 28 § 6-4 (2007). Airport Regulations Cited as: Airport Rules and Regs. § xx.x (2005). Taxicabs and Luxury Sedans Vehicles must possess a permit and operators must be licensed before a taxicab or luxury sedan may operate at the airport. Airport Rules and Regs. § 13.2 (2005). Vehicles must comply with the safety standards of the Michigan Vehicle Code, and the Airport CEO shall have the right to require interior and exterior vehicle inspections. Airport Rules and Regs. § 13.5 (2005). Drivers and operators must comply with airport rules regarding fare solicitation, loitering, operations, and background checks. Airport Rules and Regs. § 13.7-13.10 (2005). Vehicular Traffic Commercial ground transporters must comply

85 with general airport rules regarding vehicle use on airport property. The Airport Rules incorporate the Michigan Vehicle Code. Airport Rules and Regs. § 18 (2005). Limousines Limousines are prohibited from operating in certain areas when they are not actively loading or unloading passengers. Airport Rules and Regs. § 6.29 (2005). Off-Airport Commercial Enterprises Operators who pick up passengers for transport to an off-airport place of business must pay a fee, obtain a permit, and comply with all airport operating rules. Airport Rules and Regs. § 6.21 (2005). Enforcement The Airport CEO authorizes persons to enforce the airport rules. Airport Rules and Regs. § 22 (2006). Violations are punishable according to the administrative penalties and fee schedule published in § 22 of the Airport Rules and Regs. (2005). Violators shall have a right to make an administrative appeal. Id. Appeals are heard by the Airport Penalties Board according to administrative procedures. Id. Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of DTW are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Detroit is exempt. 49 U.S.C.S. § 13506 (2007). In addition, the FMCSA regulations describe a specific exempt zone around Detroit: Beginning at a point on Lake St. Clair opposite the intersection of Fifteen Mile Road and Michigan Highway 29 and extending south and southwest along the shore of Lake St. Clair, to the Detroit River, thence along such River (east of Belle Isle) and Trenton Channel to a point opposite Sibley Road, thence west to and along Sibley Road to Waltz Road, thence north along Waltz Road to Wick Road, thence west along Wick Road to Cogswell Road, thence north along Cogswell Road to Van Born Road, thence east along Van Born Road to Newburgh Road, thence north along Newburgh Road to its junction with Halsted Road, thence north along Halsted Road to West Maple Road, thence east along West Maple Road to Telegraph Road, thence north along Telegraph Road to Sixteen Mile Road, thence east along Sixteen Mile Road to Utica Road, thence southeasterly along Utica Road to Fifteen Mile Road (also called East Maple Road), thence along Fifteen Mile Road and across Michigan Highway 29 to Lake St. Clair, the point of beginning. 49 C.F.R. 399 app. F (2007).

86 Contact Information Information (734) AIRPORT Administration (734) 942-3550 Public Affairs (734) 942-3558 Parking Hotline (800) 642-1978