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

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87 MINNESOTA Statewide Regulations The State of Minnesota has created a Metropolitan Airports Commission, which restricts ground transportation counter space to those services with “regular-route authority.” The State of Minnesota’s Transportation Regulation Board grants authority to operate on specific routes, at fixed times, for fixed fees. Minn. Stat. § 221.071 (1992). Case History The operators of a transportation company challenged the validity of a Metropolitan Airports Commission commercial lane usage fee, alleging that it was preempted by state and federal law. The Appellate Court denied the challenge, and found that pursuant to Minn. Stat. § 473.651 (2006), the Metropolitan Airports Commission may impose a fee on commercial ground carriers who utilize commercial lanes on airport grounds. Hyland v. Metro. Airports Comm’n, 538 N.W.2d 717 (Minn. Ct. App. 1995). Minnesota—Minneapolis–St. Paul International Airport (MSP) Overview MSP is operated by the Metropolitan Airports Commission (MAC). The MAC is authorized by the state legislature to “regulate ground transportation to and from an airport under its jurisdiction…include[ing]…the number and types of transportation services, …concession agreements, and…vehicle standards.” Minn. Stat. § 221.091 (2007). MSP is a semi-closed system. Local Airport Commission Regulations.—The MAC publishes its rules through ordinances affecting one or more airports in the Metropolitan Airport System. Cited as: Airport Ordinance xx (1999). Scope The commercial vehicle rules apply to all “Persons and Vehicles other than Taxicabs and Taxicab Drivers engaged in commercial ground transportation.” Airport Ordinance 93 § 2 (1999). The ordinance requires that all commercial vehicles either be registered under an annual company permit and have an AVI tag, use the cash commercial lane, or be operated by an auto rental agency. Id. The MAC ordinances provide penalties and enforcement provisions for traffic signs and

88 rules posted at the airport. Airport Ordinance 80 (1999). Commercial Vehicles Permits The ordinance specifies the requirements to receive an airport permit. These requirements can include federal, state, and local operating authority; proof of vehicle inspection; insurance minimums; and record keeping. Airport Ordinance 93 § 3 (1999). Operations Companies must operate their commercial vehicles according to the Ordinance Operating Requirements, and drivers must meet certain licensing standards. Airport Ordinance 93 § 4 (1999). Commercial Vehicles Fees Annual Permit Fee—Annual fees are paid each November. Per-Trip Fee—The AVI records vehicle trips and assesses fees. Dwell Fees—Vehicles remaining in the commercial lanes for certain extended periods of time are assessed an additional fee. Cash Commercial Lane—Vehicles without an AVI pay a per-trip fee at the cash commercial lane. Late Fees—Late fees and penalties may be assessed for late payments. AVI tags may be deactivated for excessive or longstanding balances. Airport Ordinance 93 § 6 (1999). Auto Rentals Auto rental agencies are charged fees different from other commercial vehicles. Airport Ordinance 93 § 7 (1999). These agencies pay a percentage of their gross receipts, less any exclusions. Id. Fee payments must be made according to a specified schedule and along with several required reports. Id. Ordinance 88 enforces Minn. Stat. § 473.651 within MAC jurisdiction. A per-day fee is assessed to cars rented from on-airport car rental services. Airport Ordinance 88 (1999). The Ordinance specifies the initial rates, yearly rate increases, reporting procedures, audits, and penalties for violations. Id.

89 This ordinance expires on October 1, 2010. Airport Ordinance 88 (1999). Enforcement Noncompliant operators will be given notice of a violation. Certain violations will merit immediate suspensions. Airport Ordinance 93 § 8 (1999). Immediate suspensions, normal suspensions, and revocations can be issued according to Ordinance procedures. Id. A hearing officer is appointed upon request to review the punishment. Airport Ordinance 93 §§ 3, 8.5 (1999) Taxicab Licenses and Permits Taxicab companies must have authorization from the airport manager in order to operate at the airport. Airport Ordinance 102 § 3 (1999). The MAC may deny permit applications when it believes that additional operators would not be in the best interest of the public. Id. Each taxicab must have a valid MAC permit and AVI tag. Id. Drivers must possess a valid MAC license, pass a MAC-approved training course, and pass a background check. Airport Ordinance 102 § 6 (1999). Operator Rules Operators must comply with airport procedures and maintain offices, records, permits, and insurance. Airport Ordinance 102 § 4 (1999). Vehicle Standards Vehicles must pass inspections, maintain service standards, and possess working communications radios. Airport Ordinance 102 § 5 (1999). Taxicab Operations The MAC Ordinances set forth specific operating rules for taxicabs. These rules govern passenger loading, refusals, penalties, driver conduct, and traffic rules. Airport Ordinance 102 § 7, 9 (1999). Airport fares are regulated by the MAC and can include meter or zone fares. Airport Ordinance 102 § 8 (1999). The MAC charges per-trip, transfer, and annual fees to taxicabs; service company authorization fees; AVI activation and insurance processing fees; and special call fees to taxis without MAC authorization. Airport Ordinance 102 § 10 (1999); Airport Ordinance 102 Schedule I (1999).

90 Violations and Appeals MAC rules detail penalties for Ordinance violations. These penalties can include fines, suspensions, or license revocations. Violators will be given notice and a hearing in accordance with administrative procedures set forth in Minn. Airport Comm’n. Ordinance 102 § 12 (1999). Airport Ordinance 102 Schedule II, III (1999). City Ordinances The cities of Minneapolis and St. Paul each require taxicabs to register with the specific city and meet insurance, documentation, training, and vehicle requirements. St. Paul, Minn., Municipal Code, ch. 376 (2007); Minneapolis, Minn., Municipal Code ch. 341 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of MSP are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Minneapolis or St. Paul is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information Metropolitan Airports Commission (612) 726-8100