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

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134 TENNESSEE Statewide Regulations The State of Tennessee generally regulates motor vehicles operating within the state. Tenn. Code Ann. § 55-4 (2007). Vehicles carrying eight or more passengers must register and comply with Tennessee DOT rules. Tenn. Code Ann. § 65-15-128 (2007). For more information, visit the Tennessee DOT Web site at http://www.tdot.state.tn.us/. Local authorities are authorized to regulate airport commercial ground transportation under Tenn. Code Ann. § 7-51-1003 (2007). They may charge a privilege tax to all transportation operators picking up passengers at public airports. The tax may be applied whenever an operator charges a separate fee for airport pickup. Tenn. Code Ann. § 7-4-203 (2007). Tennessee—Nashville International Airport (BNA) Overview BNA is owned and operated by the Metropolitan Nashville Airport Authority (MNAA). The primary source of regulation is the airport’s Commercial Ground Transportation Policy. BNA is a semi-closed system. Local MNAA Ground Transportation Policy Cited as: MNAA Policy § x (2005). Records and Permits Operators accessing the airport roadways more than twice per month must obtain an Airport Operating Permit. MNAA Policy § 2 (2005). Permits are not issued until extensive documentation and insurance requirements are met. MNAA Policy § 3 (2005). Permit fees are set according to a fixed schedule. MNAA Policy § 4, app. F (2005). Insurance requirements are based on vehicle type and operation. MNAA Policy § 5, app. E (2005). Taxicabs Operations Vehicles must be properly identified, registered, and inspected, and must comply with standards set forth by the Transportation Licensing Commission of the Metropolitan Government of Nashville and Davidson County. MNAA Policy app. F (2005). Operating Rules Vehicles must have a decal and AVI system. MNAA Policy app. B § 3 (2005).

135 Passengers may only be loaded in designated zones. MNAA Policy app. B § 6 (2005). Drivers must possess an authority-issued ID badge. MNAA Policy app. B § 16 (2005). Suspensions and Appeals The authority’s Senior Vice President and Chief Operating Officer are authorized to revoke or suspend permits through procedures outlined in MNAA Policy app. C (2005). Operators may request a hearing before the Senior Vice President and Chief Operating Officer. MNAA Policy app. C § 5 (2005). Decisions made at the hearing represent the final decision of the authority. Id. Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of BNA are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Nashville is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (615) 275-1675 Media Relations (615) 275-1611 Tennessee—Memphis International Airport (MEM) Overview MEM is operated by the Memphis-Shelby County Airport Authority. The primary source of regulation is the airport’s Ground Transportation Rules and Regulations. The Rules and Regulations are created by the airport under authority from the Metropolitan Airport Authority Act. Tenn. Code. Ann. § 424-101 (2007). MEM is a semi-closed system. Local Memphis-Shelby County Airport Authority Ground Transportation Rules and Regulations Cited as: Authority Rules and Regs. § x.x (2003). Records and Permits Commercial operators who provide public transportation services at the airport are required to hold an operating agreement with the authority if an operator’s vehicle accesses the commercial drive in excess of two times per

136 month during any 12-month period, and must meet minimum insurance requirements. Authority Rules and Regs. § IV.A, B (2003). Vehicle Operations All commercial vehicles must be fitted with an AVI system. Authority Rules and Reg. § IV.C (2003). Driver Rules Drivers must obtain all operating certificates required by the City of Memphis. Authority Rules and Regs. § IV.E (2003). Drivers must meet professional standards of conduct and abide by the operating standards of the airport as defined in Authority Rules and Regs. § IV.F, G (2003). Suspensions and Appeals The authority’s manager of properties, authorized agent, concession committee, or president may impose a fine, suspension, or revocation upon any commercial ground transportation operator or driver of any commercial vehicle who, after investigation, is found to have violated any of the rules and regulations. Authority Rules and Regs. § VII (2003). Memphis-Shelby County Airport Authority Taxicab Rules and Regulations Cited as: Taxicab Rules and Regs. § x.x (2003). Operating Procedures Taxicabs bringing passengers to the airport will drop off passengers on the upper drive. Airport taxicabs will be dispatched on a first in, first out basis. Taxicab Rules and Regs. § B.1, 3 (2003). Permits All drivers must have a current City of Memphis permit, which will be prominently displayed in the taxicab in a manner that is clearly visible to the passenger. Taxicab Rules and Regs. § E.1 (2003). The authority shall establish the number of permitted taxicabs required to provide proper service to the public. Permits shall be offered to participating taxicab companies in equal numbers. Taxicab Rules and Regs. § C.1, 2 (2003). Vehicle Standards Drivers shall ensure that their taxicab is clean both inside and out. Taxicabs are subject to inspection by taxi coordinators and may be removed if found unsatisfactory. Taxicab Rules and Regs. § E.8 (2003). Driver Rules Drivers shall, at all times, be clean and neat in appearance and conduct themselves with proper decorum. Taxicab Rules and Regs. § E.2 (2003).

137 Drivers shall comply with the directions of the taxi coordinators at all times. Taxicab Rules and Regs. § E.5 (2003). Violations Major violations of Airport Rules and Regulations, as determined by the authority, will result in the immediate removal of a driver from permitted service. Major violations include but are not limited to: 1. Overcharging; 2. Conduct detrimental to the operation, which is creating a disturbance in public view by arguing, use of profanity, or any actions that disrupt the operation; 3. Gambling; 4. Smoking in the taxi lounge; and 5. Being under the influence of an intoxicant or drug. All violations will be considered on a case by case basis. Taxicab Rules and Regs. § D.2 (2003). Violations can result in the authority imposing fines, suspensions, or permanent removal. Id. Suspensions and Revocations The manager of properties may, for cause, suspend or revoke an airport permit from a company. Taxicab Rules and Regs. § D.7 (2003). When a permit is revoked, the permit may be offered to other participating companies on an equal basis. Id. Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of MEM are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Memphis 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 within a line drawn 5 miles beyond the corporate limits of Memphis, Tenn; (c) All points in that part of Shelby County, Tenn., north of the line described in paragraph (b) of this section, bounded by a line as follows: Beginning at the intersection of the line described in paragraph (b) of this section and U.S. Highway 51 north of Memphis, thence northeasterly along U.S. Highway 51 for approximately 3 miles to its intersection with Lucy Road, thence easterly along Lucy Road for approximately 1.4 miles to its intersection with Chase Road, thence northerly along Chase Road for approximately 0.6 mile to its intersection with Lucy Road thence easterly along Lucy Road for approximately 0.8 mile to its intersection with Main Road, thence southeasterly along Main Road approximately 0.3 mile to its intersection with Amherst Road, thence southerly and easterly along Amherst Road for approximately 0.8 mile to its intersection with Raleigh-Millington Road, thence southerly along Raleigh-Millington Road for approximately 2 miles to its intersection with the line described in paragraph (b) of this section north of Memphis; (d) All of any municipality any part of which is within the limits of the combined areas described in paragraphs (b) and (c) of this section.

138 49 C.F.R. 399 app. F (2007). Contact Information General Information (901) 922-8000 Business and Properties (901) 344-1600 Ground Transportation (901) 922-8066