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

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104 NEW HAMPSHIRE Statewide Regulations The State of New Hampshire generally regulates motor vehicles operating within the state. N.H. Rev. Stat. Ann. § XXI (2007). For more information, visit the New Hampshire Department of Safety Web site at http://www.nh.gov/safety. Motor vehicle registration is covered by N.H. Rev. Stat. Ann. § XXI:261 (2007), and driver licensing is covered by N.H. Rev. Stat. Ann. § XXI:263 (2007). Case History The New Hampshire Public Utilities Commission issued two orders authorizing a trucking company to operate “as an irregular route common carrier between points and places in New Hampshire and airports served by commercial airlines transporting general commodities.” A competing trucking company, Auclair Transportation, appealed the orders, charging that they impermissibly regulated interstate commerce in violation of the U.S. Constitution. The Supreme Court of New Hampshire struck down the orders, finding that they impermissibly regulated interstate transportation. The court held that the New Hampshire Public Utilities Commission has power to grant common carrier certificates in accordance with "the present or future public convenience and necessity" and contract carrier permits where consistent with "the public interest." [citation omitted] Auclair Transp. v. State, 113 N.H. 231, 232, 305 A.2d 662, 663, 113 N.H. 231 (1973). New Hampshire—Manchester Airport (MHT) Overview MHT is owned and operated by the Manchester Airport Authority (MAA). MAA is a city commission established by the City Charter. The authority publishes Rules and Regulations Governing Commercial Ground Transportation Services. MHT is a semi-closed system. Local Operator Agreements Cited As: Authority Rules and Regulations § x.xx (2007). Permit Requirements Operators must provide extensive documentation to the Permit Requirements Office. Among other requirements, operators must show insurance coverage, proof of vehicle inspections, and title. Authority Rules and Regulations §§ 4.01-06 (2007). Off-airport parking lots must pay an airport tariff if they provide courtesy transit to and from the airport. Authority Rules and

105 Regulations § 6.07 (2007). Operators must have proof of insurance on file with the authority. Authority Rules and Regulations §§ 10.04, 10.05 (2007). Driver and Operator Rules Drivers must comply with general airport rules regarding cleanliness, vehicle operations, courtesy, and appearances. Authority Rules and Regulations § 5.01 (2007). Operators must maintain radio communication with drivers. Id. Vehicle Standards In order to access the staging area, vehicles must have an AVI transmitter. Authority Rules and Regulations §§ 5.02, 12 (2007). Vehicles must display an airport decal representing an operating agreement. Authority Rules and Regulations §§ 5.03, 11 (2007). Taxicabs Drivers must possess an Airport Taxicabs Driver’s License. Authority Rules and Regulations § 5.06 (2007). Applications require a criminal background check, drug test, and driving record examination. Id. Drivers must submit to random drug tests and pay an annual fee. Id. Drivers may not solicit fares, and must comply with airport rules regarding the location and manner of taxicab operations. Id. The authority closely regulates taxicab fares. Id. Violations The Taxicab Driver’s License may be suspended for rule violations. Id. The suspended driver will have the right to appeal to the airport director. Id. The authority may issue fines, suspensions, or revoke the operating agreement if operators violate airport rules. Authority Rules and Regulations § 14 (2007). Those issued penalties for violations may appeal to the airport director. Authority Rules and Regulations § 17 (2007). Prearranged and Shuttle Services Prearranged rides and shuttle buses may only charge rates designated by the Airport. Authority Rules and Regulations §§ 6.02, 6.03 (2007).

106 Car Rentals Operating agreements with the authority will stipulate any airport operational requirements. Authority Rules and Regulations § 6.07 (2007). Operators will pay an airport tariff. Authority Rules and Regulations § 6.08 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of MHT are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Manchester is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (603) 624-6556 Media Relations (603) 624-6556 Administration (603) 624-6539 Parking (603) 641-5444 Switchboard (603) 628-6019