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

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117 NORTH CAROLINA Statewide Regulations The State of North Carolina generally regulates motor vehicles operating within the state. N.C. Gen. Stat. § 20 (2007). For more information, visit the North Carolina DOT Web site at http://www.ncdot.org. Case History In a case involving concessionaire agreements for car rental companies at the Raleigh-Durham Airport, the court addressed whether a company without a concession may still operate at the airport if contracted by the passenger. The court held that an Airport Authority had the power to grant concessions to certain car rental companies, but it could not exclude defendants from conducting their business at the passengers' request. To deny defendants the right to conduct their business would limit passengers' access to and from the airport. “Finally, the court held that the Airport Authority could not deny defendants the right to perform the previously made transportation contracts with the passengers.” Raleigh-Durham Airport Authority v. Stewart, 278 N.C. 227, 179 S.E.2d 424 (1971). In a civil action to declare void a resolution granting an exclusive franchise for passenger carriers, the court found that cities may grant exclusive access to certain transportation companies. Harrelson v. Fayetteville, 271 N.C. 87, 155 S.E.2d 749, 271 N.C. 87 (1967). North Carolina—Charlotte Douglas Airport (CLT) Overview CLT is owned and operated by the City of Charlotte. The primary airport regulations are vested in the city’s Municipal Code. Additionally, the airport manager is vested with power to enact additional rules consistent with the code. CLT is a semi-closed system. Local City Regulations Cited as: Municipal Code ch. x § x (2007). Commercial Vehicle Rules Commercial ground transportation vehicles and operators must comply with all airport rules regarding operations, documentation, and signage. Municipal Code ch. 4 § 104 (2007). All vehicles except taxicabs must have a transportation permit before operating at the airport, and permit holders must comply with all rules, fees, and fines issued by the airport director. Municipal Code ch. 4 § 106 (2007).

118 Violations are issued and processed in accordance with city administrative procedures. Municipal Code ch. 2 § 21 (2007). Shuttle Services The airport awards a single contract for shuttle services. Charlotte, N.C., Municipal Code ch. 4 § 105 (2007). Airport Operations Operators must enter into an agreement with CLT before receiving airport permits or serving the airport. Municipal Code ch. 22 § 351 (2007). Commercial Operators For-hire operators must meet city requirements for licensing, insurance, documentation, vehicle standards, and driver conduct. Municipal Code ch. 22 (2007). Airport taxis must operate through the taxi stand and comply with rules regarding pickups, drop-offs, cruising, and vehicle maintenance. Municipal Code ch. 22 § 32 (2007). Charlotte, N.C., Municipal Code ch. 22 div. 9 (2007). Drivers must receive city permits, demonstrate that they have received the required training, pass a probationary period, and comply with city operational rules. Municipal Code ch. 22 §§ 141- 153 (2007). The Passenger Vehicle for Hire Board determines for-hire vehicle fares. Municipal Code ch. 22 § 251 (2007). Appeals Violations are issued as City Administrative Violations. Appeals are made to the Passenger Vehicle for Hire Board. The board will grant hearings and its decisions may be appealed by writ of certiorari to the County Superior Court. Municipal Code ch. 22 § 183 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of CLT are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Charlotte is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information Airport Switchboard (704) 359-4000 Law Enforcement (704) 359-4012 Parking (704) 359-4038 Paging and Information (704) 359-4013

119 North Carolina—Raleigh-Durham International Airport (RDU) Overview RDU is governed by the Raleigh-Durham Airport Authority. The primary source of regulation is the Raleigh-Durham Airport Authority Ordinances. The Ordinances are created by the airport authority under authority from the state government. N.C. Gen. Stat. § 63-2 (2007). RDU is a closed system. Local Raleigh-Durham Airport Authority Ordinances Cited as: Authority Ordinances § x-x (2006). Records and Permits Prior to engaging in the transportation of passengers or property at the airport, each operator is required to enter into a concession agreement with, or hold a license or permit issued by, the airport authority. Authority Ordinances § 1-4.1 (2006). In addition to an airport authority license, taxicab operators must be approved by the Taxicab Management Services Concessionaire. Authority Ordinances § 8-8.1 (2006). All commercial vehicles must be covered by automobile and public liability insurance, and each driver must carry a proper state driver’s license. Authority Ordinances §§ 6-6.3, 6.9 (2006). Vehicle Operations Commercial vehicles and their operators shall only pick up and drop off passengers and park, stand, and wait in areas designated by their concession agreement, license, or permit. Authority Ordinances § 5-5.2 (2006). All commercial vehicles must be fitted with an AVI System. Authority Ordinances § 6-6.12 (2006). Driver Rules Only those operators who have entered into concession agreements with the airport authority may solicit passengers on airport grounds. Authority Ordinances § 1-6.1 (2006). Suspensions and Appeals Persons operating a commercial ground transportation vehicle on airport grounds without the proper license, permit, or concessionaire agreement will be guilty of a

120 Class Three misdemeanor. Authority Ordinances § 17 (2006). Taxicab operators will be subject to fines and suspension for violating any rules of the ordinance, as determined by the airport authority director. The Taxicab MSC may also issue fines with approval of the director. Authority Ordinances § 88.13 (2006). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of RDU are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of both Raleigh and Durham is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (919) 840-7400 Media Relations (919) 840-7707 Ground Transportation (919) 840-7530