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

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112 NEW YORK Statewide Regulations The State of New York generally regulates motor vehicles operating or based in the state. N.Y. Trans. Law § 1-22 (2007). N.Y. Trans. Law § 7 specifically regulates carriers of passengers by motor vehicles. For more information, contact the New York State DOT at (518) 457-6195 or online at http://www.nysdot.gov/portal/page/portal/index. Case History Under N.Y. Vehicle & Traffic Law § 1220-b, an authorized service provider may solicit passengers. In a dispute involving solicitation of passengers by a taxi driver at JFK International Airport, the court found that an unauthorized ground transportation provider may never solicit ground transportation services at a New York airport. Even if an otherwise unauthorized provider has made a prearranged agreement with a particular customer, the provider cannot in turn solicit additional or substitute customers at the airport, since no preagreement would have existed with respect to those patrons. People v. Ramirez, 188 Misc. 2d 170, 172, 727 N.Y.S.2d 599, 600-601 (N.Y. Crim. Ct. 2001). A cab company sought to resolve whether its exclusive franchise to operate on city streets applied to roadways located on the city-owned airport. The court held that “the ownership and operation by the City of Buffalo of its Municipal Airport involved a proprietary function, the roadways and areas of the airport were private property, and that the city may regulate and restrict their use pursuant to its inherent and statutory power.” Ricotta v. Buffalo, 3 Misc. 2d 625, 628, 149 N.Y.S.2d 829, 833 (N.Y. Sup. Ct. 1954). New York—Buffalo Niagara International Airport (BUF) Overview BUF is owned and operated by the Niagara Frontier Transportation Authority (NFTA). The primary source of regulation is the Commercial Ground Transportation Rules and Regulations for Landside Terminal Operations at the Greater Buffalo International Airport. The rules and regulations were created under authority of N.Y. Public Authorities Law, § 1299. BUF is a closed system. Local Commercial Ground Transportation Rules and Regulations for Landside Terminal Operations at the Greater Buffalo International Airport Cited as: Rules and Regs § x.x (1995). Records and Permits Operators wishing to access airport grounds must first apply for and obtain a permit from NFTA and pay the resulting fees. Rules and Regs § 1160.4 (1995). Vehicle Operations Taxicab companies that have entered into a concessionaire agreement with the airport must

113 provide a “starter” who manages the flow of cabs to the loading zone and ensures enough cabs are available for arriving passengers. Rules and Regs. § 1160.6(c) (1995). Nonconcessionaire taxicabs may only provide service to passengers who arranged the service prior to entering airport grounds. Rules and Regs § 1160.(a) (1995). Commercial vehicles must be kept clean and in proper working condition. Rules and Regs § 1160.7(b)(7) (1995). Driver Rules Drivers must hold a valid state driver’s license and obey all local, state, and federal traffic laws. Rules and Regs. § 1160.4(d) (1995). Suspensions and Appeals Violation of any of the NFTA rules and regulations may result in the imposition of fines. Rules and Regs § 1160.19 (1995). Operators may request a hearing to contest the imposition of a fine. Id. Off-Airport Parking Operators Operators of off-airport parking that have obtained the proper license will have access to the airport roadways for the purpose of transporting passengers to and from the airport and the parking lot. Rules and Regs § 1160.11 (1995). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of BUF are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Buffalo is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (716) 630-6000 Business Development (716) 630-6040

114 New York—John F. Kennedy International Airport (JFK) and La Guardia Airport (LGA) Overview JFK and LGA are operated by the Port Authority of New York and New Jersey. The Port Authority creates and enforces ground transportation regulation within its jurisdiction. However, the rules of the New York City Taxi and Limousine Commission apply to all taxicabs and limousines at the airport. 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. JFK and LGA use semi-closed systems. 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, and drivers must carry certain information about the arrangement. 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). Passenger solicitation is prohibited. Port Auth. Rules and Regs. ch. 5 § b (2006). Taxicabs Taxicabs must use the Port Authority Dispatch System and only load or unload passengers in 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 operating in public areas 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

115 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). . Taxi and Limousine Commission Rules and Local Laws Cited as: TLC Rules § x-x (2007). Owner Rules Fleet owners must be licensed, pay required fees, and have their vehicles inspected. TLC Rules §§ 1-02, 1-04, 1-05 (2007). The commission has numerous equipment, insurance, and documentation requirements. Individual vehicles must pass inspections and receive medallions. TLC Rules ch. 1 (2007). Driver Rules Driver conduct is closely regulated. Chapter 2 of the TLC Rules covers a wide range of driver conduct. Topics include taximeter operation, conduct with passengers, solicitation rules, licensing fees, fare rate, and driving standards. TLC Rules ch. 2 (2007). For-Hire Vehicles (nontaxicabs) The commission has numerous equipment, insurance, and documentation requirements. TLC Rules ch. 6 (2007). All operators, drivers, and vehicles must have a license from the commission. Id. Violations, Suspensions, and Appeals Violators may request a hearing before an Administrative Law Judge assigned by the New York City Office of Administrative Trials and Hearings. Decisions of the ALJ are the final decision of the commission. TLC Rules ch. 7 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of JFK or LGA are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of New York is exempt. 49 U.S.C.S. § 13506 (2007). Interstate activities within the New York metropolitan area are under the authority of the Port Authority. In addition, FMCSA regulations exempt several special types of transportation around 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,

116 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 b. “[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. c. “[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. d. “[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. e. “[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 JFK Information (718) 244-4444 LGA Information (718) 533-3400