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

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40 COLORADO Statewide Regulations The State of Colorado generally regulates commercial transportation within the State. Colo. Rev. Stat. § 42 (2007). The State of Colorado grants authority to regulate commercial ground transportation to and from airports to cities, towns, and municipalities within the state. Col. Rev. Stat. 41-4-204 (2007). Case History The “[p]laintiff city filed a declaratory judgment action against two airlines to determine whether it was permitted to pay for construction of a new airport by using a special surplus fund composed of concessionaire fees generated at the old airport and by charging airlines increased rents and landing fees for use of the old airport’s facilities.” The United States District Court held that Section 1513(a) of the Anti-Head Tax Act, 49 U.S.C. § 1301 (2007), applies only to air transportation, and not ground transportation, and, therefore, the city was permitted to pay for the construction with the surplus fund. Denver v. Continental Air Lines, Inc., 712 F. Supp. 834 (D. Colo. 1989). Airport shuttle companies challenged the Colorado Public Utility Commission’s (CO PUC) permanent operating authority grant to a limousine company that had repeatedly violated the scope of its temporary grant. The PUC grants licenses to operate commercial vehicles in the State of Colorado. “Because the PUC possesses special expertise in public utility regulation, the determination of an applicant's fitness and ability to perform the particular service is the type of decision which is entitled to substantial deference on judicial review.” As a result, the court held that the PUC properly granted operating authority, and that the PUC was not barred from granting permanent operating authority simply because the operator had violated terms of his temporary authority. Boulder Airporter v. Rocky Mt. Shuttlines, 918 P.2d 1118, 1122 (Colo. 1996). An off-airport car rental company near the city’s airport challenged certain airport fees. The rental company did not maintain a sales counter or reservation telephone at the airport, but it provided free shuttle service to and from the airport. The city imposed ground transportation regulations and fees, including a transaction fee, on each [off-site] rental plus a privilege fee. The court found that Denver, Colo., Revised Municipal Code § 5-16(e) provides that the manager of public works shall have the authority to establish and set rates, fees, and charges as necessary to meet the needs for operating the Denver Municipal Airport System. The manager of public works shall be further empowered to reasonably apportion these expenses among the commercial users of the system based “upon their present or future projected use of the facilities.” The court, therefore, denied the car rental company’s challenge and upheld the airport’s fees. Thrifty Rent-A-Car Sys. v. Denver, 833 P.2d 852, 854 (Colo. Ct. App. 1992). Colorado—Denver International Airport (DEN) Overview DEN is owned and operated by the City of Denver. The primary source for DEN regulations are rules adopted by the Manager of Aviation under the Denver Rev. Municipal Code ch. 5 § 16 (2005). Public transportation is regulated by the CO PUC. The CO PUC is responsible for the safety, insurance, and economic regulation of all for-hire carriers.

41 DEN is a semi-closed system. Local Airport Regulations Cited as: Rules of the Manager § xxx.xx (2005) Permit or Concession Agreements “Each Commercial Operator seeking to conduct business activities and operate motor vehicles upon Airport premises shall obtain either a Permit or a Concession Agreement authorizing it to conduct business upon the Airport.” Rules of the Manager § 100.04 (2005). Infrequent users may not need a permit to conduct business at the airport. An infrequent user can receive a one-time authorization by presenting proof of insurance to ground transportation employees at the holding lot. Rules of the Manager § 100.15 (2005). Commercial operators may also choose to purchase a 1-day permit. Rules of the Manager § 100.16 (2005). AVI Once a commercial operator has obtained a permit, the operator must secure AVI tags to each vehicle used at DEN. Rules of the Manager § 100.06 (2005). Conduct and Vehicle Requirements The airport rules specify professional conduct standards for commercial operators. Rules of the Manager § 100.08 (2005). All vehicles engaged in commercial service must meet DEN standards for safety, appearance, and operational conduct. Rules of the Manager § 100.11 (2005). Fees Airport rules specify access fees for car rental operators (both on- and off-airport), courier operators, taxicabs, and limousines. Taxis Taxicab operators must obtain permits, badges, and AVI tags prior to operating at DEN. All drivers must comply with DEN’s conduct and duty rules, privilege restrictions, multiple loadings rules, short trip requirements, loading and unloading procedures, and fee requirements. Rules of the Manager § 90 (2005). Taxicab permits may be suspended or revoked by airport officials. Hearing procedures are outlined in the Airport Rules. Rules of the Manager § 90.19 (2005).

42 City Regulations “Any person who disputes any determination made by or on behalf of the city pursuant to the authority of the manager of aviation, which determination adversely affects such person, may petition the manager for a hearing concerning such determination no later than thirty (30) days after having been notified of any such determination.” Denver Rev. Municipal Code ch. 5 § 17(a) (2005). Special administrative hearings will be held at the discretion of the Airport Manager and in accordance with the Denver Municipal Code. Denver Rev. Municipal Code ch. 5 § 17(b)-(d) (2005). These administrative decisions may be appealed to the District Court of the Second Judicial District of the State of Colorado. Denver Rev. Municipal Code ch. 5 § 17(e) (2005). State CO PUC Regulations.—Flat Rate Taxi Fees at DEN—The CO PUC has established a flat rate taxi fare system. Taxicabs taking passengers to or from DEN to a delineated zone will pay a flat rate, rather than a metered rate. 4 Colo. Code Regs. § 723-6 pt. 6256 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of DEN are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Denver is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information 1-800-AIR2DEN Ground Transportation (303) 342-4059 CO PUC General Information (303) 894-2000