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

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124 OREGON Statewide Regulations The State of Oregon generally regulates motor vehicles operating within the state. Or. Rev. Stat. § 59.801-826 (2007). For more information, visit the Oregon DOT Web site at http://www.oregon.gov/ODOT. Case History A local passenger carrier challenged the Port Authority’s right to grant exclusive franchise agreements. The court held that the municipality’s Port Authority may grant exclusive franchise agreements. Or. Rev. Stat. § 778.260(1) provides that the board of the Port of Portland may make, modify, or abolish regulations to provide for policing or regulating the use of airports, and any facilities operated in conjunction with airports owned, operated, maintained, or controlled by the port. Port of Portland v. Bilic, 91 Ore. App. 318, 324, 757 P.2d 423, 426 (1988). A local company attempted to pick up passengers at the airport without complying with the Port Authority’s regulations. The court addressed the Port Authority’s power to regulate the activities of businesses not located on airport grounds. The court found that the fees charged by the Port of Portland to off-site businesses were within the port’s statutory powers under Or. Rev. Stat. § 778.025(4). Flamingo Motel & Restaurant, Inc. v. Port of Portland, 9 Ore. 599, 497 P.2d 673 (1972). Oregon—Portland International Airport (PDX) Overview PDX is owned and operated by the Port of Portland. The port generally regulates commercial conduct within its jurisdiction. Or. Rev. Stat. § 778.015 (2005). PDX operators must have a port permit. The port issues two sources of regulations: 1) Port Rules and Regulations, and 2) Port Ordinances. PDX is a closed system. Local Port of Portland Rules and Regulations Cited as: Port Rules ch. x § x.x (2007). Records and Permits Before offering regularly scheduled bus or shuttle service, an operator must obtain an airport operating permit by meeting extensive documentation and insurance requirements. Port Rules ch. 26 §§ 1.1, 1.5, 3 (2007). Vehicle Operations Vehicles must be properly identified and only operate in authorized locations. Port Rules ch. 26 §§ 1.4, 1.6 (2007). Vehicles picking up passengers must use the holding area.

125 Driver Rules Drivers must abide by the operating standards of the airport as defined in Port Rules ch. 26 § 1.8 (2007). Suspensions and Appeals The Manager of Airport Operations is authorized to revoke or suspend permits through procedures outlined in Ordinance No. 418-R. Port Rules ch. 26 § 4 (2007). Port of Portland Ordinances Cited as: Ordinance x § x (2007). Off-Airport Car Rental and Parking Rules Permits Off-airport car rental facility or parking facility operators must obtain a privilege permit from the director. To obtain a permit, operators must pay a privilege fee based on a percentage of gross revenues. Ordinance 412 § 3 (2007). Operator documentation requirements include insurance coverage, proof of vehicle inspections, and employee records. Ordinance 412 § 3.2 (2007). The port reserves the right to audit operator records. Violations Operators are entitled to reasonable notice and a hearing before suffering sanctions or suspensions. Ordinance 412 § 4 (2007). Permitted Businesses Operating Rules Permit Requirements Operators must provide extensive documentation to the Permit Office. Among other requirements, operators must show insurance coverage, proof of vehicle inspections, and title. Ordinance 418 § 3 (2007). Roadway Access Permit holders must obtain a Roadway Access Device for each vehicle. Ordinance 418 § 4 (2007). Vehicle Standards Vehicles must be clean and maintained. Ordinance 418 § 5 (2007). Driver Rules Drivers may not solicit passengers, and must comply with general commercial conduct rules. Ordinance 418 § 6 (2007). Fees Operators must pay certain airport fees depending on the nature of their permit, contract with the port, or commercial activity. Types of fees include: 1. Permit application fee.

126 2. Access fee. 3. Dwell time fee. 4. Privilege fee. 5. Cash security deposit. Ordinance 418 § 7 (2007). Suspensions and Revocations Depending on the violation, the port may fine or suspend permit holders immediately or with reasonable notice. Ordinance 418 § 11 (2007). Permit holders are entitled to an administrative hearing with a hearing officer appointed by the Director of Airport Operations. Id. Procedures for the administrative hearing are outlined in Ordinance 418 § 11.4 (2007). Towing Illegally parked vehicles may be towed at the owner’s expense. PDX shall provide notice and a hearing when appropriate. Ordinance 360 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of PDX are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Portland is exempt. 49 U.S.C.S. § 13506 (2007). In addition, FMCSA regulations define a special exempt area: (a) The municipality itself. (b) All points in Oregon within a line drawn 5 miles beyond the corporate limits of Portland. (c) All of any municipality any part of which is within the line described in (b) above. (d) All of any municipality wholly surrounded, or so surrounded except for a water boundary, by the city of Portland or by any municipality included under the terms of (c) above. 49 C.F.R. 399 app. F (2007). Contact Information General Information (877) 739-4636 Media Relations (503) 460-4591 Business and Properties (503) 460-4548 Ground Transportation (503) 460-4686 Port of Portland (800) 547-8411 Port Contracts (503) 944-7000 Port Legal Department (503) 944-7034