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

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107 NEW JERSEY Statewide Regulations The State of New Jersey generally regulates motor vehicles operating within the state. N.J. Stat. Ann. § 39 (2007). For more information, visit the New Jersey DOT Web site at http://www.state.nj.us/transportation. Case History In a dispute involving a limousine company’s right to carry passengers from Newark Liberty International Airport to points outside of Newark, the court affirmed the approval of a limousine company's petition to operate between the Newark airport and places in two counties outside the city of Newark even though the city had not approved the application. Municipalities may not prevent passenger ground transportation through their geographic limits when there are no stops within the jurisdiction. Petition of Asbury-Red Bank Limousine Service, 55 N.J. 551, 264 A.2d 43 (1970). New Jersey—Newark Liberty International Airport (EWR) Overview EWR is owned and operated by the Port Authority of New York and New Jersey. The Port Authority creates and enforces ground transportation regulation within its jurisdiction. Port Authority rules are published in The Port Authority of New York and New Jersey Airport Rules and Regulations and apply to all Port Authority Airports. EWR is a semi-closed system. Local Port Authority Rules and Regulations Cited as: Port Auth. Rules and Regs. ch. X § x (2006). Prearranged Rides Ground transportation services from the terminal must be prearranged, drivers must carry certain information about the arrangement, and passenger solicitation is prohibited. Port Auth. Rules and Regs. ch. 5 § d (2006). Vehicles transporting passengers to the airport from their authorized municipalities may operate at the airport without a prearrangement with the Port Authority. This includes all taxicabs licensed to pick up passengers on the public streets of Newark. Port Auth. Rules and Regs. ch. 5 § d (2006). Taxicabs Taxicabs must use the Port Authority Dispatch System and only load or unload passengers in

108 designated zones. Port Auth. Rules and Regs. ch. 5 §§ a, c (2006). Courtesy Vehicles Courtesy vehicles may operate at the airport provided they comply with all directives from the airport manager. Port Auth. Rules and Regs. ch. 5 § g (2006). Operating Requirements All drivers and vehicles must meet Port Authority rules regarding licensing, insurance, registration, inspection, and conduct. Port Auth. Rules and Regs. ch. 6 (2006). Vehicles specifications and inspection procedures are explained in Port Auth. Rules and Regs. app. B (2001). The “Ground Vehicle Specifications are promulgated in support of The Port Authority of New York and New Jersey Air Terminal Rules and Regulations. They set forth the minimum specifications applicable to ground vehicles used at Port Authority Air Terminals and Heliports.” Port Auth. Rules and Regs. app. B (i) (2001). City Regulations Cited as: Newark Municipal Code ch. x § x (2007). Public Transport Vehicles Vehicles registered in the City of Newark must receive a certificate of compliance from the Chief of Police or designee, and all drivers must receive a permit. Newark Municipal Code ch. 5 § 32.020 (2007). The certificate or permit holder must present proper documentation and obey city rules. Newark Municipal Code ch. 5 § 32.070 (2007). Operating Rules City rules govern the operation of all taxicabs and commercial transportation vehicles including rates, meters, appearance, documentation, and driver conduct. Newark Municipal Code ch. 5 § 32 (2007). Violations and Appeals Violations may result in fines, suspensions, or certificate revocation. Violations and revocations will be heard according to city administrative procedures. Newark Municipal Code ch. 5 § 32.140 (2007). Appeals may be made to the Chief of Police and City Council by a prompt filing. An administrative hearing will be held before the City Council, and its decision will be final. Newark Municipal Code ch. 5 § 32.290 (2007).

109 Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of EWR are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Newark is exempt. 49 U.S.C.S. § 13506 (2007). Interstate activities within the New York Metropolitan area fall within the authority of the Port Authority. In addition, FMCSA regulations exempt several special types of transportation around Newark and New York City. 1) Transportation within the corporate cities of New York, Yonkers, Mount Vernon, North Pelham, Pelham, Pelham Manor, Great Neck Estates, Floral Park, and Valley Stream, N.Y., and Englewood, N.J.; the area within the borough limits of Alpine, Tenafly, Englewood Cliffs, Leonia, Fort Lee, Edgewater, Cliffside Park, Fairview, Palisades Park, and Ridgefield, Bergen County, N.J.; and that part of Hudson County, N.J., east of Newark Bay and the Hackensack River. FMCSA Regulations App. F (2007). 2) Transportation with a prior or subsequent movement by water 3) Kearny, NJ a. “[W]ithin an area bounded on the north by the main line of the Jersey City Branch of the Penn Central Transportation Co., on the south and east by Fish House Road and Pennsylvania Avenue, and on the west by the property line of the Penn Central Transportation Co. Truck-Train Terminal.” 4) Newark, N.J. a. “[W]ithin an area bounded on the north by South Street and Delancey Street, on the east by Doremus Avenue, on the south by the freight right-of-way of the Penn Central Transportation Co. (Waverly Yard, Newark, N.J., to Greenville Piers, Jersey City, N.J., line), and on the west by the Penn Central Transportation Co.'s Hunter Street produce yard, and (ii) that portion of Newark, N.J., within an area bounded on the north by Poinier Street, on the east by Broad Street, on the south by the passenger right-of-way of the Penn Central Transportation Co.'s main line and on the west by Frelinghuysen Avenue.” 5) Port Reading, N.J. a. “[W]ithin an area bounded on the east by the Arthur Kill, on the south by the right-of-way of the Reading Co., on the west by Cliff Road, and on the north by Woodbridge-Carteret Road” 6) Elizabeth, N.J. a. “[W]ithin an area bounded by a line extending from Newark Bay westward along Trumbull Street to its intersection with Division Street; thence northward along Trumbull Street to its intersection with East North Avenue; thence eastward along East North Avenue to its intersection with the New Jersey Turnpike, thence along the New Jersey Turnpike to the Elizabeth Channel; thence easterly along the Elizabeth Channel to Newark Bay; thence along the western shore of Newark Bay to the point of the beginning.” 49 C.F.R. 399 app. F (2007). Contact Information Port Authority Main Office (212) 435-7000 Airport Information (973) 961-6000 or (800) EWR-INFO Parking and Traffic (973) 961-6213