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

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152 VIRGINIA Statewide Regulations The State of Virginia generally regulates motor vehicles operating or based in the state. Va. Code Ann. § 46.2 (2007). For more information, visit the Virginia DOT Web site at http://www.virginiadot.org. Case History A taxicab operator sued the Metropolitan Washington Airport Authority (MWAA) claiming that the authority’s award of a taxicab concession contract violated the terms of its lease and the Metropolitan Washington Airports Act of 1986, 49 U.S.C. §§ 49101–49112 (2003), The operator brought suit after several companies bid on a concession contract. The MWAA’s staff reviewed the contracts and made a recommendation that the contract be awarded to the plaintiff, but the MWAA chose a competitor. On appeal, the court found that the MWAA may disagree with staff recommendations and award ground transportation service contracts to the bidding contractor it feels best meets established MWAA criteria. Mere disagreement with staff over a bidding contractor’s score does not violate the Act or 49 U.S.C. § 49104(a)(4). Washington-Dulles Transp., Ltd. v. Metro. Wash. Airports Auth., 87 Fed. Appx. 843 (4th Cir. 2004). An off-site parking lot operator challenged a fee imposed on it. The District Court held that the Norfolk Airport Authority may charge a privilege fee to off-airport parking lot operators without violating the Commerce Clause, if the fee is charged without respect to the destination of passengers. U.S. Const. art. I, § 8, cl. 3. The fee did not violate the Equal Protection clause of the U.S. Constitution (Amend. XIV), even though it was a higher fee than fees charged to other operators, because it was “rationally related to the legitimate purpose of protecting the airport's revenue.” Park Shuttle N Fly, Inc. v. Norfolk Airport Auth., 352 F. Supp. 2d 688 (E.D. Vir., 2004). A driver received a ticket from a local municipal police officer while on airport grounds. The driver challenged the nonairport police officer’s authority to ticket a driver at Dulles International Airport because he was not on “Commonwealth Grounds.” The court upheld the issuance of the ticket and found that “the federal government and the Commonwealth of Virginia have concurrent police power over Dulles Airport.” As a result, Commonwealth Virginia vehicle laws apply and may be enforced by nonairport police officers while on airport grounds. Loudoun County v. Murphy, 24 Va. Cir. 337, 339 (1991). National Airport System Virginia—Washington-Dulles International Airport (IAD) and Reagan National Airport (DCA) Overview The MWAA (the authority) owns and operates the National Airports. The authority was created by an agreement between the District of Columbia and the State of Virginia with the consent of Congress. The authority is an independent body with full powers over IAD and DCA. D.C. Law 6-67 § 3 (1985), Va. Acts of Assembly, ch. 598 § 2 (2001), Pub. L. No. 99-591 § 6007 (2001).

153 The main source of commercial ground transportation regulation at IAD and DCA is the Metropolitan Washington Airport Authority Regulations (MWAAR). Authority rules have the full force of law. MWAAR 3-5 (2001). The two airports do not follow the same system, even though they share a regulatory scheme: IAD is a closed system. DCA is a semi-closed system. Jurisdiction Violations of authority rules are enforced in Virginia County Courts. For IAD, violations are prosecuted in the Loudon or Fairfax County Courts. For DCA, violations are prosecuted in the Arlington County Courts. Airport police have jurisdiction over all authority property, and county police have concurrent jurisdiction whenever authority land is within their county. State and local agencies have jurisdiction over the Dulles Toll Road, Route 28, and Route 606. MWAAR 3 (2001). Local Cited as: MWAAR § x (2001). Taxicabs and Limousine All operators must contract with the authority before beginning operations, drivers must hold permits, and vehicles must meet authority standards. MWAAR §§ 5.3, 5.6, 5.23, 5.24 (2001). All drivers must comply with the airport’s conduct and duty rules, privilege restrictions, multiple loadings rules, short trip requirements, loading and unloading procedures, and fee requirements. MWAAR §§ 5.4, 5.6, 5.24 (2001). Operations must be conducted at designated locations. MWAAR §§ 4.4, 5.5, 5.6 (2001). Prearranged and late-night operations may be conducted outside of the taxi dispatch system. Id. Operators must comply with rate rules set by the Washington Metropolitan Area Transit Commission (WMATC). MWAAR §§ 5.4, 5.24 (2001). Buses, Charters, and Courtesy Vehicles Operations must be conducted at designated locations and with appropriate permits. MWAAR § 4.4 (2001). All commercial businesses must have an airport

154 permit before conducting any aspect of their business on airport grounds. MWAAR §§ 6.1, 6.2, 6.3 (2001). Car Rentals All car rental operations must be conducted at designated locations. MWAAR § 4.4 (2001). Suspensions and Appeals The MWAAR explains the administrative procedures for adjudicating parking violations. MWAAR § 5.12 (2001). Violations are heard by the airport manager under administrative procedures. MWAAR § 5.14 (2001). Appeals may be made to the President of the Airport Authority. MWAAR § 5.14 (2001). WMATC.—The WMATC sets rates and rules for taxicab operations within the Washington Metropolitan Area. Its members are appointed by the Governor of Virginia, the Governor of Maryland, and the Mayor of Washington, D.C. The WMATC defines its jurisdiction as: the District of Columbia; the cities of Alexandria and Falls Church of the Commonwealth of Virginia; Arlington County and Fairfax County of the Commonwealth of Virginia, the political subdivisions located within those counties, and that portion of Loudoun County, Virginia, occupied by the Washington Dulles International Airport; Montgomery County and Prince George's County of the State of Maryland, and the political subdivisions located within those counties; and all other cities now or hereafter existing in Maryland or Virginia within the geographic area bounded by the outer boundaries of the combined area of those counties, cities, and airports. http://www.wmatc.gov. State The motor vehicle laws of the State of Virginia shall apply on authority lands. MWAAR 4-1.2 (2001). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of IAD or DCA are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Washington, D.C., is exempt. 49 U.S.C.S. § 13506 (2007). In addition, the FMCSA regulations describe a specific exempt zone around Washington, D.C.: Beginning at the intersection of MacArthur Boulevard and Falls Road (Maryland Highway 189) and extending northeasterly along Falls Road to its junction with Scott Drive, thence west on Scott Drive to its junction with Viers Drive, thence west on Viers Drive to its junction with Glen Mill Road, thence northeast on Glen Mill Road to its junction with Maryland Highway 28, thence west on Maryland Highway 28 to its junction with Shady Grove Road, thence northeast on Shady Grove Road approximately 2.7 miles to Crabbs Branch, thence southeasterly along the course of Crabbs Branch to Rock Creek, thence

155 southerly along the course of Rock Creek to Viers Mill Road (Maryland Highway 586), thence southeasterly along Viers Mill Road approximately 0.3 mile to its junction with Aspen Hill Road, thence northeasterly along Aspen Hill Road to its junction with Brookeville Road (Maryland Highway 97), thence southeasterly along Brookeville Road to its junction with Maryland Highway 183, thence northeasterly along Maryland Highway 183 to Colesville, Md., thence southeasterly along Beltsville Road to its junction with Powder Mill Road (Maryland Highway 212), thence easterly over Powder Mill Road to its junction with Montgomery Road, thence northeasterly along Montgomery Road, approximately 0.2 mile, to its junction with an unnumbered highway extending northeasterly to the north of Ammendale Normal Institute, thence along such unnumbered highway for a distance of about 2.2 miles to its junction somewhat north of Virginia Manor, Md., with an unnumbered highway extending easterly through Muirkirk, Md., thence along such unnumbered highway through Muirkirk to its junction, approximately 1.8 miles east of the Baltimore and Ohio Railroad, with an unnumbered highway, thence southwesterly along such unnumbered highway for a distance of about 0.5 mile to its junction with an unnumbered highway, thence southeasterly along such unnumbered highway through Springfield and Hillmeade, Md., to its junction with Defense Highway (U.S. Highway 50), thence southwesterly along Defense Highway approximately 0.8 mile to its junction with Enterprise Road (Maryland Highway 556), thence southerly over Enterprise Road to its junction with Central Avenue (Maryland Highway 214), thence westerly over Central Avenue about 0.5 mile to its crossing of Western Branch, thence southerly down the course of Western Branch to Maryland Highway 202, thence westerly approximately 0.3 mile along Maryland Highway 202 to its junction with White House Road, thence southwesterly along White House Road to its junction with Maryland Highway 221, thence southeasterly along Maryland Highway 221 to its junction with Maryland Highway 4, thence westerly along Maryland Highway 4 to the boundary of Andrews Air Force Base, thence south and west along said boundary to Brandywine Road (Maryland Highway 5), thence northwesterly along Maryland Highway 5 to its junction with Maryland Highway 337, thence southwesterly along Maryland Highway 337 to its junction with Maryland Highway 224, thence southerly along Maryland Highway 224 to a point opposite the mouth of Broad Creek, thence due west across the Potomac River to the west bank thereof, thence southerly along the west bank of the Potomac River to Gunston Cove, thence up the course of Gunston Cove to Pohick Creek, thence up the course of Pohick Creek to Virginia Highway 611, thence southwesterly along Virginia Highway 611 to the Fairfax-Prince William County line, thence along said county line to Virginia Highway 123, thence northerly along Virginia Highway 123 to its junction with Virginia Highway 636, thence northeasterly along Virginia Highway 636 to its junction with Virginia Highway 638, thence northwesterly along Virginia Highway 638 to its junction with Virginia Highway 620, thence westerly along Virginia Highway 620 to its junction with Virginia Highway 655, thence northeasterly along Virginia Highway 655 to its junction with U.S. Highway 211, thence westerly along U.S. Highway 211 to its junction with Virginia Highway 608, thence northerly along Virginia Highway 608 to its junction with U.S. Highway 50, thence westerly along U.S. Highway 50 to the Fairfax-Loudoun County line, thence northeasterly along said county line to its intersection with Dulles International Airport, thence along the southern, western, and northern boundaries of said airport to the Fairfax-Loudoun County line (at or near Dulles Airport Access Road), thence northeasterly along said county line to its junction with Virginia Highway 7, thence southeasterly along Virginia Highway 7 to its junction with Virginia Highway 193, thence along Virginia Highway 193 to its junction with Scott Run Creek, thence northerly down the course of Scott Run Creek to the Potomac River, thence due north across the river to MacArthur Boulevard to its junction with Maryland Highway 189, the point of beginning.

156 49 C.F.R. 399 app. F (2007). Contact Information MWAA Offices (703) 417-8600 IAD Information (703) 572-2700 DCA Information (703) 417-8000 Media Relations (703) 417-8370 IAD Airport Police (703) 572-2950 DCA Airport Police (703) 417-8560 Virginia—Norfolk International Airport (ORF) Overview ORF is owned and operated by the Norfolk Airport Authority (NAA). The NAA charges fees to all commercial operators, and generally regulates taxicab operations at ORF. In addition, operators registered in North Carolina and transporting passengers to and from the Outer Banks must have a permit from either the North Carolina DOT or the Virginia Department of Motor Vehicles. ORF is a semi-closed system. Local Norfolk Airport Authority Rules Cited as: Handbook p. xx (2006). Vehicular Access Privilege Fee Operators accessing the airport roadways more than twice per month must obtain a Vehicular Access Decal. Handbook p. 5 (2006). Permits are not issued until the operator pays the annual Vehicular Access Privilege Fee. Id. Taxicab Service Handbook Per § 43-24 of the Norfolk City Code, drivers may not refuse fares from the airport. Vehicles must be properly identified, registered, and inspected, and comply with the NAA’s operating rules. Handbook p. 5 (2006). Cabs registered with the City of Norfolk, but not with the NAA, may only pick up prearranged fares. Id. Drivers must have a Taxicab Operators Permit and pay a monthly fee. Handbook p. 9 (2006). Violations Drivers violating airport rules may be fined or have their operating permits suspended. Handbook p. 11 (2006).

157 Depending on the violation, the NAA may fine or suspend permit holders immediately or with reasonable notice. Handbook pp. 14-15 (2006). Permit holders are entitled to an administrative hearing with a Taxi Line Officer. Id. The decision may be appealed to the driver’s company and the Director of Operation. Id. Case History An off-airport parking lot operator challenged fees imposed on it by the NAA. The court held that the NAA may impose a fee on an off-airport parking facility without violating the Commerce Clause, Equal Protection Clause, or First Amendment of the U.S. Constitution. U.S. Const. art. I § 8, cl. 3; Amend. XIV; Amend. I. The fee does not discriminate against interstate travelers or violate the Commerce Clause because it is imposed uniformly without regard for the passenger’s destination. It does not violate Equal Protection because it is rationally related to protecting the airport’s revenue. Forbidding operators from advertising within the terminal building does not violate the First Amendment because the advertising space was within the terminal, not a public space, and a source of revenue for the airport. Park Shuttle N Fly, Inc. v. Norfolk Airport Auth., 352 F. Supp. 2d 688 (E.D. Va. 2004). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of ORF are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Norfolk is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (757) 857-3351 Airport Authority (757) 857-3351 Airport Police (757) 857-3344