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Page 11
Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
×
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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Suggested Citation:"STATE AND LOCAL LAWS AND REGULATIONS." National Academies of Sciences, Engineering, and Medicine. 2020. Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation. Washington, DC: The National Academies Press. doi: 10.17226/26003.
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ACRP LRD 39 11 STATE AND LOCAL LAWS AND REGULATIONS Airport sponsors and operators are required to comply with all applicable federal, state, and local laws and regulations. An overview of the federal laws and regulations, and regulatory agencies was previously presented. In regard to ground transportation, the federal laws and regulations concern areas such as motor carrier safety, airport sponsor grant assurances, highway safety, commercial motor vehicles, rail, and transit. The state and local laws and regulations focus more on the day to day operations of commercial ground transportation. These state and local laws and regulations involve areas such as permitting of operators and drivers, insurance, regulatory fee, rules of operation in and around terminals, employee conduct, vehicle condition, and compliance enforcement. The following are state by state discussions of state and local laws and regulations for 44 states and 49 NPIAS primary airports. The reasons for choosing these states and airports were discussed under the Scope section. Alaska Statewide Title 28 of the 2019 Statutes of Alaska concerns motor vehicles. Chapters related to ground transportation operation at airports include Chapter 1 (Alaska Uniform Traffic Laws Act), Chapter 10 (Vehicle Registration, Liens, and Title), Chapter 15 (Drivers’ Licenses), Chapter 20 (Motor Vehicle Safety Responsibility Act), Chapter 22 (Mandatory Motor Vehicle Insurance), Chapter 23 (Transportation Network Companies and Drivers), Chapter 32 (Commercial Motor Vehicle Safety Citations), and Chapter 33 (Commercial Motor Vehicles). Alaska Stat. § 28 et seq. The Aviation Advisory Board is established in the department of transportation. Alaska Stat. § 44.42.210 (2017). The Transportation Network Companies Act, H.B. No. 132 30th Leg. (Ala. 2017), also known as the Let’s Ride Alaska Act and the Uber/ Lyft bill, established uniform TNC regulations in Alaska. The Act provided tort immunity to public agencies from TNC employee acts, allowed the exclusion of personal automobile coverage while vehicles are logged onto a TNC digital network, established minimum insur- ance requirements for when a driver is logged onto a TNC network and when a ride a occurring, and distinguished TNCs from common carriers, motor carriers, taxicabs, and for-hire vehicles. Alaska Stat. §§ 09.65.350, 21.96.018, 28.23.010, 28.23.050 (2019). The Act imposed TNC requirements, such as disclosure of fare and fare computation, display of TNC driver picture and license plate number, issuance of electronic receipt, procuring criminal background and driving record checks, and completion of vehicle safety inspection. Alaska Stat. § 28.23.020, 28.23.030, 28.23.100, 28.23.105 (2019). Case History A taxi driver, Megan Patrick, appealed her taxicab license revocation based on due process rights violations. Her chauffeur’s license had been previously suspended due to non-payment of fines. Her revocation was upheld by the transportation commission and the superior court. The court affirmed that administrative proceedings were governed by the provisions related to the Anchorage Transportation Commission in the Anchorage Municipal Code. The court upheld the revocation by concluding that no due process violations occurred. Patrick v. Mun. of Anchorage, 305 P.3d 292 (Alaska 2013). Alaska—Ted Stevens Anchorage International Airport (ANC) ANC is owned by the Department of Transportation and Public Facilities. ANC is classified as a primary medium hub under the NPIAS. It is ranked number 56 in the United States according to 2017 enplanements, with a total enplanement of 2,556,191. ANC serves the Anchor- age metropolitan area, located five miles southwest of downtown. According to the U.S. Census, the metropolitan region of Anchorage as of 2017 is 294,365. The primary source of commercial ground transportation regulation is Chapter 6 of the Anchorage International Airport Operations Manual, Commercial Vehicles.

12 ACRP LRD 39 Local Ted Stevens Anchorage International Airport Operations Manual Cited as: Operations Manual ch. x.x (2019). Vehicle Operations Commercial vehicles must coordinate their use of roadways with the ANC Landside Operations Office. Vehicles in lane 2 shall not block vehicles in lane 1 (curbside). Vehicles shall not be left unattended with 300’ of any terminal buildings. Operations Manual ch. 6 (2019). Taxicabs cannot refuse service to any orderly passenger. Operations Manual ch. 6 (2019). Courtesy vehicles may pick up passengers at all designated areas. Operations Manual ch. 6.3 (2019). TNC pickups and drop-offs are restricted to designated areas. Operations Manual ch. 6.1a (2019). Employee Conduct Solicitation of passengers by drivers is prohibited. Operations Manual ch. 6.0 (2019). Courtesy vehicle, shuttle, and limousine drivers are not allowed to go inside the terminal; for example, to assist with removing luggage. Operations Manual ch. 6.3, 6.6 (2019). Authorization TNC operators are not required to have a commercial vehicle permit. TNC vehicles are required to have the company decal visibly displayed. Operations Manual ch. 6.1a (2019). Off-airport shuttles and limousines are required to visibly display the Airport Commercial Vehicle Permit (CVP), and the company logo and name must be visible on the side of the vehicle. Operations Manual ch. 6.6 (2019). Annual commercial vehicle permits are issued by the Airport Badge Office. There is no fee for off-airport rental car courtesy vehicles. A $75 fee is charged for hotel/motel courtesy vehicles, taxicabs, limousines, and nonscheduled shuttle service. Schedule buses pay a $1,050 fee. Tour passenger vehicles pay a $150 fee. Operations Manual ch. 6.9a (2019). City Municipal Code The City Municipal Code provides the classifications of the types of commercial vehicles used in the ANC Operations Manual. Anchorage Municipal Code § 11.10.010. Arizona Statewide Several chapters under Title 28, Transportation, of the 2019 Arizona Revised Statutes are related to ground transportation at airports. These chapters include Chapter 3 (Traffic and Vehicle Regulation), Chapter 7 (Certificate of Title and Registration), Chapter 8 (Motor Vehicle Driver Licenses), Chapter 9 (Vehicle Insurance and Financial Responsibility), Chapter 25 (Aviation), and Chapter 30 (For-Hire Transportation). Chapter 5 of Title 17 (Transportation) of the Arizona Administrative Code involves commercial programs. Case History Taxicab operator claimed state law preempted the Phoenix City Code in requiring a commercial ground transportation permit. The court held that the City’s code requiring a business permit to transport passengers at an airport was consistent with statewide drivers’ licensing requirements. Arizona v. Wilson, 796 P.2d 942 (Ariz. Ct. App. 1990). Pacific Greyhound Lines, which has an exclusive operating right between Chandler and Phoenix, claims Sun Valley Bus Lines is invading its territory. Mesa Airport Bus Lines had assigned its rights to transport passengers to and from Mesa airports to Sun Valley Bus Lines. The court held that the corporation commission had the exclusive power to issue certificates of convenience and necessity and that Sun Valley Bus Lines did operate illegally in Pacific Greyhound Lines’ territory. Certificates of public convenience and necessity allows the exclusion of otherwise qualified operators in furtherance of public interest. Pac. Greyhound Lines v. Sun Valley Bus Lines, 216 P.2d 404 (Ariz. 1950).

ACRP LRD 39 13 Arizona Corporation Commission claimed car rental companies are motor carriers thus requiring a certificate of convenience and ne- cessity. The court determined that rental car companies do not perform transportation themselves and rejected the commission’s claim. Mecham Pontiac Corp. v. Williams, 382 P.2d 558 (Arizona 1963) (en banc). Arizona—Phoenix Sky Harbor International (PHX) Overview PHX is operated and owned by the City of Phoenix. PHX is classified as a primary large hub under the NPIAS. It is ranked 13th in the United States, according to 2017 enplanements, equaling a total of 21,185,458. PHX serves the metropolitan area of Phoenix with a total population of 1.626 million. PHX is located three miles southeast of downtown Phoenix. The primary source of regulation is the Phoenix Sky Harbor International Airport Ground Transportation Operating Requirements. These requirements are promulgated pursuant to Phoenix City Code ch. 4 art. IV, commercial ground transportation vehicle rules and regulations. Local Phoenix Sky Harbor International Airport Ground Transportation Operating Requirements— The manual outlines rules, regulations, and procedures for different types of commercial transportation, including taxicabs, limousines, shuttle buses, courtesy vehicles, VIP transportation, and scheduled ground transportation services. Regulation is essentially standardized among the different types of ground transportation. Cited as: Operating Requirements § x (2016). Authorization A permit issued by the Ground Transportation Office is required to operate at PHX. Non-regular operators, such as intrastate or interstate charter buses, may apply for a single use permit. Operating Requirements § 4. Insurance Proper insurance is required in conformance with Phoenix City Code § 4-68 and state law coverage limits. The minimum amounts are $250,000 for uninsured and underinsured motorists for 1-8 seats, $750,000 for uninsured and $300,000 for underinsured motorists for 9-15 seats, and $5,000,000 for uninsured and $300,000 for underinsured motorists for 16+ seats. Operating Requirements § 6. Drivers and Vehicles Ground transportation vehicles shall be clean and neat and include good general appearance. Air conditioners shall be operable when temperatures exceed 85-degrees or upon passenger request. An industry standard inspection, e.g., ASE certified, is required prior to operating on the airport. Operating Requirements § 7. Vehicles must be properly identified using a trade-dress or a PHX decal. The trade-dress must be displayed in a manner that is viewable from 50-feet. The PHX decal is nontransferable to another vehicle. Operating Requirements § 8. All drivers are subject to one of three security background check options, one being a free, fingerprint-based criminal history records check and security threat assessment provided by PHX. Providers who elect to use a third-party background check service are subject to security background check audits. Operating Requirements § 11.1, 11.1.2. Drivers must display driver identification placard at all times on the dashboard. Drivers must conduct themselves in a professional manner and be courteous. Drivers must present a professional appearance and maintain good personal hygiene. Operating Requirements § 11.2, 11.4, 11.6. Drivers can only pickup in designated locations that are clearly signed at terminal curbs. Drop-off can occur at all airport terminal inner curbs. Vehicles should wait in designated waiting areas until passengers are ready for pickup. Operating Requirements § 12.1, 12.2. (continued)

14 ACRP LRD 39 Due to airport safety, vehicles must not be unattended, i.e., within 15-feet of the vehicle. Operating Requirements § 12.5. Meet and greet of prearranged transportation must be approved via the permit process. Operating Requirements § 12.6. Vehicles must be equipped with either an automatic vehicle identification (AVI) or a global positioning system (GPS) vehicle tracker. The tracker allows PHX to audit a provider’s compliance with geofence, ingress/egress, and passenger pickup and drop-off. A provider using GPS must generate a virtual waybill for every passenger. Operating Requirements § 13.1, 13.2. Accessibility An operator must provide accessible ground transportation when requested or make arrangements to provide such services by another party. Operating Requirements § 9. Sustainability An operator will receive a 10% discount on trip fees, if alternative fuel motor vehicles are used. Such fuels include propane, compressed natural gas, liquefied natural gas, or full-electric. Operating Requirements § 10. Fees Operators shall buy trip fees according to Phoenix City Code § 4-78. Operating Requirements § 14. Compliance Violations of rules and regulations or the City Code may result in suspension or revocation of an operating permit. A point system is established where accumulated points within a rolling 36-month period are used to determine penalty severity. Appeals can be made via an administrative review and then to the Aviation Director. Operating Requirements § 15.1. 15.2. City Municipal Code Chapter 4 Article IV of the Phoenix City Code deals with commercial ground transportation vehicle rules and regulations at airports. The Operating Requirements follow the City Code and sometimes even refers to specific code sections by reference. For example, Operating Requirements § 14 requires operators to pay trip fees as specified in Phoenix City Code § 4-78. In general, these per trip fees are $3.25 for 1-8 seats, $4.25 for 9-23 seats, and $9 for 24+ seats. Off-airport rental car providers shall pay a fee of 7% of gross receipts derived from passengers transported between the airport and the rental facility. Taxicab fees are assessed according to current service contracts between providers and the City. Phoenix City Code §§ 4-78.A.1, 4-78.D, 4-78.N. California Statewide The California Public Utilities Commission is authorized to regulate various forms of commercial ground transportation, including char- ter-party carriers, transportation network companies, and passenger stage corporations. As an example, Chapter 5 (Certificates of Public Convenience and Necessity), Article 2 of the 2019 Public Utilities Code concerns passenger stage corporations. Case History Concessionaires challenged the contractual condition imposed by the City of Los Angeles to enter into a labor peace agreement to pre- vent service disruptions. Such an agreement includes provisions that prohibit picketing, boycotting, stopping work, and other forms of economic interference. The concessionaires claim that such contractual terms are effectively municipal regulations, and such regulations are preempted by three federal labor statutes: the National Labor Relations Act, Railway Labor Act, and Airline Deregulation Act. The court’s analysis discussed how a city that operates an airport is a participant in the airport rental car market and also competes against private modes of transportation such as train, car, and bus. Because the city was acting as a market participant, and not a regulator, the labor peace contractual agreements were not preempted by the federal acts. Airline Serv. Providers Ass’n v. L.A. World Airports, 869 F.3d 751 (9th Cir. 2017). Engine manufactures sought to invalidate the South Coast Air Quality Management District’s (SCAQMD) vehicle fleet rules for emissions standards and the requirement for a percentage of alternative fuel engines. The manufacturers claimed that the fleet rules were preempted

ACRP LRD 39 15 by the federal Clean Air Act. One fleet rule applied to public and private airport transportation fleets, including taxis, limousines, commer- cial shuttles, and courtesy vehicles. The court applied the market participant doctrine which protects state action from federal preemption when the state acts as a market participant and not a regulator. The court held that the fleet rules directed state and local governments in their market participation decisions such as purchasing, procuring, leasing, and contracting. Engine Mfrs. Assn. v. SCAQMD, 498 F.3d 1031 (9th Cir. 2007). A motor carrier operator, Funbus, claimed that the certificate of convenience and necessity issued by the Interstate Commerce Commis- sion (ICC) for permitting interstate service also authorizes independent intrastate service from LAX to Anaheim. The court ruled against Funbus in requiring that there must be a connection between the interstate and pre-existing interstate service in order for the interstate ICC certificate to permit intrastate service. The court held that the Bus Regulatory Reform Act, 49 U.S.C. § 10922 (partial rev. 1985), did not authorize the ICC to issue intrastate motor carrier certificates independent of interstate service. Congress did not intend to preempt the traditional state authority over the initiation of new intrastate bus operations. Funbus Sys, Inc., vs. California Pub. Util. Comm’n., 801 F.2d 1120 (9th Cir. 1986). The court affirmed a National Labor Relations Board (NLRB) decision to classify drivers as employees working for Friendly Cab and six other taxicab companies. These taxicab companies operated predominantly at the Oakland International Airport. Such a classification extends the protection of the National Labor Relations Act, 29, 29 U.S.C. § 151 such as the ability to collectively bargain. The court found that Friendly Cab exercised considerable control over the means and manner of the drivers and did not allow drivers to pursue other op- portunities. NLRB v. Friendly Cab Co., Inc., 512 F.3d 1090 (9th Cir. 2007). California—Los Angeles International Airport (LAX) Overview LAX is owned and operated by the Los Angeles World Airports (LAWA), a department of the City of Los Angeles. LAX is classified as a primary large hub under the NPIAS. It is ranked second in the United States according to the 2017 enplanements, which reached a total of over 41 million. LAX serves the Los Angeles and surrounding metropolitan area. According to the U.S. Census, the metropolitan region has a 2018 population of 4 million. LAWA is governed by a seven-member Board of Airport Commissioners. LAWA consists of LAX and Van Nuys (VNY), a general aviation airport. Ground transportation operators at LAX are subject to various laws and regulations, including the Code of Federal Regulations, California Public Utilities Code, the California Vehicle Code, the Los Angeles Municipal Code, and the Los Angeles Administrative Code. However, airport rules and regulations, when legally permissible, take precedence over any other existing code, rule, or regulation. For example for vehicle identification, an operator could be subject to 49 CFR § 390.21 (marking of self-propelled commercial motor vehicles), CPUC Code § 1038.5 (distinctive identifying classification symbol), and CPUC General Order Series 158 § 4.03-4.06 (display of carrier name, vehicle number, permit number). Local Los Angeles World Airports Ground Transportation Rules and Regulations—The ground transportation rules and regulations were adopted by Board Resolution 26123. The Rules and Regulations sometimes reference other codes. For instance, § 3.2.1 cites the Los Angeles Municipal Code §171.02 in requiring a permit for engaging in commercial activities at LAX. The Rules and Regulations are especially interconnected with the California Public Utilities Commission (CPUC) Code. For example, the Rules and Regulations classify ground transportation into the two general categories of passenger stage corporation and transportation charter party (TCP). The Rules and Regulations cites CPUC Code § 226 for the definition of passenger stage corporation and implies that the CPUC Code definition of TCP applies even though the relevant code sections, CPUC Code §§ 5351-5363, are not cited explicitly. Cited as: Rules and Regs. § x.x.x (2017). Taxicabs Operators and drivers shall comply with the current Taxicab Rules and Regulations established by the City of Los Angeles Taxicab Commissioners under Board Order No. 471. In general, Rules and Regulations do not apply to taxicabs. Rules and Regs. §§ 2, 3 (2017).

16 ACRP LRD 39 Authorization Commercial ground transportation operators shall have a permit or the appropriate operating authority when operating in LAX. The permit shall be affixed to a vehicle in a location and manner prescribed by LAWA. Vehicle permits are not transferable or assignable. Rules and Regs. § 3.2.1.1, 3.2.4.1, 3.2.4.3 (2017). An operator cannot obtain dual authority to operate as both passenger stage corporation and TCP. An operator cannot obtain dual authority to operate as both TCP and TNC. TCP operators cannot engage in taxicab transportation services or transport rental car customers. A TCP operator can only provide service to either the general public or airline crews under the same name. Rules and Regs. §§ 3.2.2.3, 4.2, 4.6, 4.7, 6.2, 8.2 (2017). Operating Rules An AVI transponder is required at all times for operation at LAX. Rules and Regs. § 3.2.5.1 (2017). Operators must comply with vehicle identification rules that are appropriate with their USDOT, CPUC, and/or LADOT authorization. Rules and Regs. § 3.3.1 (2017). All commercial vehicles shall be in safe and clean operating condition. Rules and Regs. § 3.3.1 (2017). Vehicles should load and unload only in zones designated for their specific type of operation or as otherwise directed by LAWA. Vehicles parked at a curb cannot be unattended. Vehicles not actively loading or unloading shall park in holding lots. No loading and unloading may occur in holding lots. Rules and Regs. § 3.3.4, 3.3.8, 3.3.9 (2017). Vehicles and Drivers An operator is prohibited from using name, logo, and color schemes similar to another operator at LAX. Rules and Regs. § 3.2.7.1(2017). Vehicles cannot display any form of advertising unless agreed upon by LAWA. Rules and Regs. § 3.3.17 (2017). An employee of a transportation operator shall not solicit passengers on LAX for any reason. TCP drivers shall not cruise in front of terminal seeking to transport passengers without a prearranged agreement. Rules and Regs. §§ 3.3.18, 4.5 (2017). Identification badges or cards shall be displayed while on airport premises. Rules and Regs. § 3.3.21 (2017). Drivers shall present a clean and neat appearance while on airport premises and be courteous. Rules and Regs. § 3.3.22, 3.3.23 (2017). Fees Operators pay trip fees according to the vehicle category as stipulated by the City, and they pay an annual administrative fee. Rules and Regs. § 3.2.6.1, 3.2.6.3 (2017). Compliance If an operator is terminated for cause, that operator can be prevented from operating for up to three-years. Rules and Regs. § 3.2.1.4 (2017). Penalties and hearing rights for taxicabs are prescribed in the LADOT Taxicab Rules. Penalties and hearing rights for TNCs are prescribed in the nonexclusive license agreement. Excluding taxicabs and TNCs, the penalties for all other commercial ground transportation operators are based on a vehicle violation points system. All other operators are entitled to an impartial LAWA administrative hearing to appeal violations. Rules and Regs. §§ 10, 11, 12.3, 12.4 (2017). Insurance Operators shall maintain the insurance coverage as specified in the agreement with LAWA. Rules and Regs. § 3.2.1.5 (2017). Transportation Charter Party TCP drivers shall possess a paper or electronic waybill for each prearranged trip. A TCP waybill contains information on airline and airport terminal pickup location in addition to regular CPUC waybill requirements. TCP drivers shall only pick up passengers with a valid trip ticket, i.e., a prearranged trip. Rules and Regs. § 4.5, 4.8.1, 4.8.2.2 (2017). Transportation Network Company TNC drivers shall only accept mobile app assignments and not accept street hails within the airport geofenced areas. Shared rides are not allowed. TNC vehicles shall not recirculate or loiter near the airport. The TNC mobile app must generate the electronic equivalent of a waybill and be subjected to inspections. Rules and Regs. § 4.9.1, 4.9.5, 4.9.6, 4.9.7, 4.9.10 (2017).

ACRP LRD 39 17 Passenger Stage Corporations Passenger stage corporation vehicles must display destination signs. Passenger stage corporation operators shall file with LAWA schedules and routes. Drivers must follow the filed routes and schedules. Rules and Regs. § 6.5, 6.11.1, 6.11.2 (2017). Passenger stage corporation vehicles must accommodate at least 25 passengers. Rules and Regs. § 6.11.3 (2017). California Public Utilities Commission Code—The CPUC Code is closely connected with the LAWA Ground Transportation Rules and Regulations. Two important definitions are passenger stage corporation and transportation charter party (TCP). A passenger stage corpo- ration provides transportation service to the general public on an individual-fare basis. Such a service could involve fixed-route scheduled service or on-call, door-to-door service. In contrast, TCP provides prearranged rides for the exclusive use of an individual or group. TCP fares are computed based on various combinations of mileage and/or time. CPUC Code §§ 226, 5351-5363 (2019). Taxicab Rules and Regulations of the Board of Taxicab Commissioners City of Los Angeles—These rules and regulations were established by the Board of Taxicab Commissioners by Order No. 471. The current revision is dated April 20, 2017. As discussed in LAWA Ground Transportation Rules and Regulations, taxicabs are unique from all other airport ground transportation modes in that they are mainly regulated by the Board. California—San Francisco International Airport (SFO) Overview SFO is owned and operated by the City of San Francisco. SFO is classified as a primary large hub under the NPIAS. It is ranked seventh in the United States, according to the 2017 enplanements, which reached a total of close to 27 million. SFO is located 13 miles south of downtown San Francisco and serves the surrounding metropolitan area. According to the U.S. Census, the metropolitan region has a 2017 population of 884,363. Ground transportation at the San Francisco International Airport (SFO) is mainly regulated by the San Francisco International Airport Rules and Regulations established by the San Francisco Airport Commission. Operators also need to comply with applicable federal, state, and local laws and regulations, including the San Francisco Transportation Code and San Francisco Municipal Transportation Agency (SFMTA) regulations. Local Airport Rules and Regulations Cited as: Rules and Regs. § x.x (2016). Authorization CPUC and airport permits are required for the following operators: charter buses, courtesy shuttles, limousines, scheduled transportation operators, shared-ride vans, and transportation network companies. Transportation vendors contracted by the City and County of San Francisco are exempt from permit requirements. Rules and Regs. § 4.7(A)(1), 4.7(A)(3) (2016). Drivers and Vehicles All trade-dress and markings required by law and permit terms and conditions shall be displayed. Vehicle tracking devices shall be maintained and not modified or destroyed. All applicable vehicle safety and inspections shall be maintained. Rules and Regs. § 4.7(A)(4), 4.7(B)(8), 4.7(B)(9) (2016).

18 ACRP LRD 39 Operating Requirements All signage and directives shall be followed and operations should only be conducted in designated areas. Rules and Regs. § 4.7(A)(4) (2016). SFO may establish staging areas for select vehicle classes. Vehicles should wait in designated staging areas until passengers are curbside. Vehicles may be required to stage-off the airport when staging areas are full. Rules and Regs. § 4.7(A)(9) (2016). Drivers are prohibited from cutting in line, picking-up and dropping-off in non-designated areas, leaving a vehicle unattended, failure to provide passenger receipt, soliciting passengers for transportation or on behalf of another business on airport property, recirculating, use profanity, operating in an unsafe manner, and not displaying proper photo identification. Rules and Regs. § 4.7(B) (2016). Scheduled transportation operations shall not make schedule changes unless first approved by SFO. Rules and Regs. § 4.7(C) (2016). Fees Operators shall pay trip fees that are calculated by mode and trip frequency unless exempted under permit terms. Operators shall make books and records available for inspection. Rules and Regs. § 4.7(A)(5), 4.7(A)(7) (2016). Prearranged modes, including limousine, TNC, charter, and prearranged transit shall be documented and displayed by a waybill. Rules and Regs. § 4.7(A)(8), 4.7(B)(7) (2016). Compliance Violations of airport ground transportation rules could result in admonishment, citation, fines, suspension, or revocation. Rule 14. Taxicabs Taxicabs should be licensed by San Francisco Municipal Transportation Agency (SFMTA) or another local public agency. Rules and Regs. § 4.7(A)(2) (2016). San Francisco taxicabs shall comply with SFMTA Motor Vehicles for Hire Regulations, San Francisco Transportation Code Articles 1105 and 1108, and all other applicable ordinances, laws, and regulations. Rules and Regs. § 4.7(D)(1) (2016). Non-San Francisco taxicabs cannot pick up passengers except on a prearranged basis. Rules and Regs. § 4.7(D) (2) (2016). City Code Section 1100 of the San Francisco Transportation Code mainly regulates taxicabs although the section applies to all vehicles for-hire. Cited as: Transportation Code § x.x (2019). Authorization Operators and drivers of vehicles for-hire are required to have a SFMTA permit, a medallion. Such a permit is not transferrable, except for transferrable medallions affiliated with a single-color scheme permit. A ramp taxi medallion allows the operation of vehicles that are wheelchair accessible. Transportation Code §§ 1102, 1105(a) (1), (4), §1109(a)(1) (2019). A permit holder needs to comply with all SFO regulations. Transportation Code § 1105(a)(6) (2019). The SFMTA Board will hold hearings from time-to-time to decide whether to limit the number of permits issued per class. Transportation Code § 1115 (2019).

ACRP LRD 39 19 Vehicles and Drivers Drivers shall be clean in dress and person, hold a current California driver’s license, have no prior criminal convictions that would present a risk to public safety, be 21-years or older, and be able to speak, read, and write in English. Transportation Code §1103(c)(2) (2019). An operator’s dispatch system shall be integrated with the Electronic Taxi Access System in order to transfer Electronic Trip Data in real time. Transportation Code §1105(b) (2019). Vehicles shall be clean inside and out and free of offensive odors. Transportation Code §1105(d)(4) (2019). Drivers cannot refuse a prospective passenger. Drivers cannot refuse to transport a person with a physical disability or any service animals. If requested, drivers shall assist persons with disabilities and elderly persons with entering and exiting a vehicle. If unable to assist, a driver shall contact dispatch to request additional assistance. Transportation Code §1105(e)(1), (3), (4), (6) (2019). Drivers may accept passengers who voluntarily agree to split the fare among the passengers. Transportation Code §1105(e)(9) (2019). Fees The SFMTA Board shall holder a hearing, at least once every other year, to set fees. The standard fare is $3.50 for the first fifth of a mile and $0.55 for each additional fifth of a mile or minute of waiting or delay. A flat rate of $11 per person may be used for combined trips of two or more passengers. Transportation Code § 1124(a), (b)(1) (2019). Dispatch Service A dispatch service is subject to revocation unless it is affiliated with at least 100 medallions and complete at least 500 dispatch requests per day and five dispatch requests per medallion per day. Transportation Code § 1107(b) (2019). A dispatch service shall be able to answer calls 365-days per year, 24-hours per day. Transportation Code § 1107(c)(2) (2019). Ramp taxis shall meet an average response time of 20-minutes and shall grant priority to wheelchair user requests. Transportation Code §§ 1105(e)(15), 1110(a)(1) (2019). All medallions affiliated with the same color scheme must utilize the same dispatch service. Transportation Code § 1109(b) (2019). Compliance The SFMTA may fine, suspend, or revoke permit holders for cause. After a notice of violation, a permit holder may request an administrative hearing. Transportation Code § 1118(a) (2019). Colorado Statewide Article 10.1 of Title 40 (Utilities) of the 2018 Colorado Revised Statutes concerns motor carriers of passengers. Part 6 addressed transpor- tation network companies. Case History Mile High Cab, Inc., had its application for a Certificate of Public Convenience and Necessity denied by the Colorado Public Utilities Commission (CPUC). Existing ground transportation operators, such as SuperShuttle and Denver Yellow Cab, intervened on behalf of CPUC. The Supreme Court of Colorado reversed the district court’s affirmation of the CPUC denial, ruling that the record did not prove by a preponderance of the evidence that the issuance of a certificate would actually be detrimental to the public interest in bringing about destructive and excessive competition. The court affirmed that the CPUC has been granted constitutional and statutory authority to regu- late. But the court noted that the expert testimony utilized by the CPUC was vague in predictions about future market conditions, using words such as “could very well” and “a distinct possibility.” Mile High Cab, Inc., v. Colo. Pub. Utilities Comm’n, 302 P.3d 241 (Colo., 2013). A class action lawsuit brought by car rental customers involved federal antitrust violations and various state law claims, such as fraud and unjust enrichment, against 14 car rental companies operating at Denver International Airport (DEN). The City and the County of Denver had charged usage fees to be collected by all car rental companies on lease at the airport as part of a bonding ordinance to help fund con-

20 ACRP LRD 39 struction of car rental facilities. The usage fee was initially set at $2.98 and then adjusted. The court held that the city and county had the authority to construct car rental facilities at DEN, issue bonds to finance construction, lease car rental facilities, and require the collection of daily usage fees on car rental customers. Zimomra v. Alamo Rent-A-Car, Inc., 111 F.3d 1495 (10th Cir. 1997). Yellow Cab was denied the opportunity to intervene by the Colorado Public Utilities Commission in an administrative hearing on the alteration of a certificate of public convenience and necessity held by 191 Corp. 191 Corp. requested a change to allow the use of 32 pas- senger vehicles instead of 12. Yellow Cab contends that it had been granted exclusive authority to provide airport transportation using 20 passenger vehicles under the doctrine of regulated monopoly. The court acknowledged PUC’s power to license and regulate motor carriers under the doctrine of regulated monopoly. Because 191 Corp.’s request to expand service calls into question the adequacy of Yellow Cab’s exclusive service, Yellow Cab should have been allowed to intervene in the PUC proceedings. Yellow Cab Co-op. Ass’n v. Public Utilities Com’n of State of Colo., 869 P.2d 545 (Colo., 1994). A limousine driver brought a 42 U.S.C. § 1983 civil rights action against the City of Denver for issuing a citation for lack of a Herdic license. Herdic licenses were named after the 19th century horse-drawn carriage invented by Peter Herdicin.28 The driver held a valid Colorado driver’s license and a DEN ground transportation badge, and the vehicle displayed the proper US DOT number. The limousine operator, however, did not produce a Herdic license which was required of all vehicles for hire in the City and County of Denver. The limousine driver’s claims for injunctive relief and commerce clause violation were dismissed. Harris v. City & Cnty. of Denver, No. 11-cv-01201-MSK- KLM (D. Colo. 2012). Herdic ordinance specified that it was unlawful for any person to drive a vehicle for hire in Denver unless the person was properly licensed by the City of Denver. Denver Rev. Mun. Code §55-41 (1989) (repealed 2016). Others also challenged the Herdic license requirement. The Council of the City and County of Denver decided to repeal entire sections regulating drivers and vehicles for hire. Denver, Col., Council Bill No. 16-1196 (2016). Several reasons were mentioned for the repeal, including Herdic license challenges and a 2016 district court ruling that the Herdic ordinance was preempted by state law.29 Colorado—Denver International Airport (DEN) Overview DEN is owned and operated by the City of Denver Department of Aviation. DEN is classified as a primary large hub under the NPIAS. It is ranked fifth according to the 2017 enplanements, which reached a total of 29,809,097. DEN serves the surrounding metropolitan region. According to the U.S. Census, the 2017 population of Denver is 619,968. Ground transportation at DEN is regulated at multiple levels of government, including federal (e.g., Federal Motor Carrier Safety Administration), state (e.g., Colorado Public Utilities Commission), County and City of Denver, and Denver’s Department of Aviation. Local Part 100 of the Rules and Regulations Governing Denver International Airport concerns ground transportation. These rules and regula- tions are authorized under Article II, Part 11 of the Charter of the City and County of Denver; Chapter 5 of the Denver Municipal Code; and Title 41, Article 4 of the Colorado Revised Statutes. Part 100 applies to all modes of commercial ground transportation, including Transportation Network Companies, excepting for taxicabs which are regulated under Part 90. Cited as: Rules and Regs. § x.x-x (2017). Authorization All ground transportation vehicles accessing DEN’s commercial loading and unloading areas shall have a valid permit. Rules and Regs. §§ 100.01-3, 100.04 (2017). 28 Mike McKibbin, Denver Taxi, Limo Licenses to End, COLORADO POLITICS, Dec. 2, 2016. 29 City of Denver, Denver Taxi (Herdic) License Update, Nov. 21, 2016.

ACRP LRD 39 21 Drivers and Vehicles All vehicles must have an active and properly mounted AVI tag except for TNC vehicles. Except for interstate bus operators with more than 2,000 vehicles, an AVI tag cannot be transferred to another vehicle. Rules and Regs. §§ 100.01-3, 100.06-1, 100.06-3 (2017). Operator employees shall be courteous, and clean and neat in appearance. They are prohibited from using threatening or abusive language toward any person. They shall display identification badges at all times while on airport premises. Rules and Regs. §§100.08-1, -4 (2017). Operators are prohibited from soliciting at any location on the airport. Passenger operators shall not advertise or promote any other common carrier in the Denver metropolitan area. Rules and Regs. §§ 100.09-2, 100.13-2 (2017). Operators are prohibited from refusing service based on race, gender, religion, national origin, ethnicity, marital status, sexual orientation, disability, or use of service animal. Rules and Regs. § 100.10-4 (2017). Ground transportation vehicles shall display the name of the company and applicable CPUC and FMCSA authority numbers. Rules and Regs. § 100.10 (2017). Vehicles shall meet all applicable CPUC vehicle safety requirements. Vehicles shall be kept clean, inside and out, and be free of body damage. Rules and Regs. §§ 100.11, 100.12 (2017). Operating Rules Loading and unloading is permitted in authorized areas only as indicated in Part 90 Exhibits 3a-c, and 4. Rules and Regs. §§ 100.02-21, 100.10-1 (2017). Drivers shall not leave vehicles unattended. Drivers should use holding lots for waiting for passengers. Rules and Regs. §§ 100.11-1, -4 (2017). Commercial transportation vehicles shall circulate through the airport using only the designated routes. Rules and Regs. §§ 100.11-3 (2017). Fees Operators pay two types of fees. The access fee is a per trip fee based on passenger carrying capacity vehicle dwell time. The concession fee is a combination of the percentage of gross revenues, rental rate per square foot, and access fees. On-airport and off-airport car rental operators shall pay a concession fee of 10% of airport gross revenues. Off-airport operators pay an additional access fee according to the categories of vehicle capacities of 15, 31, and 32+ passengers. Rules and Regs. §§ 100.02-16, 100.12-1, -2 (2017). Passenger operators, including bus, commuter, hotel/motel, limousine, mountain, car rental, and parking pay an access fee according to the categories of vehicle capacities of 15, 31, and 32+ passengers. Alternative fuel vehicles receive a 10% discount to the access fee. The Regional Transportation District is exempt from paying access fees. Rules and Regs. §§ 100.02-7(9), 100.13-1 (2017). Insurance Insurance is required in the amounts specified in the terms of the permit or concession agreement. A performance bond is required for each vehicle in operation except for on-airport rental car companies and the Regional Transportation District. Rules and Regs. § 100.05-1 (2017). Compliance DEN’s Chief Executive Officer has the authority to adjudicate violations and to deny permits. Denial of a permit can be appealed through a hearing conducted by a hearing officer. An informal meeting can be requested to discuss violation notices. In the case of a suspension or revocation, operators have the right to a hearing. Rules and Regs. §§ 100.05-4, 100.18-2, 100.19-1, -2, -4 (2017). City Regulations The manager of aviation is authorized to adopt rules and regulations to manage, operate, and control the Denver Municipal Airport Sys- tem. A party disputing the determination of the manager may petition for an administrative hearing. The manager’s final determination may be reviewed under Rule 106(a)(4) of the Colorado Rules of Civil Procedure by the district court of the second judicial district of the State of Colorado. Denver Rev. Municipal Code §§ 5-16, 5-17.

22 ACRP LRD 39 Connecticut Statewide Title 13b, Volume 4 of the 2019 General Statutes of Connecticut involves transportation. Chapter 244 addresses motor buses, Chapter 244a addresses taxicabs, Chapter 244b addresses livery service, and Chapter 244c addresses transportation network companies. Case History The Local 443 Teamsters chapter represents chauffeurs who provide service from Connecticut to various airports. The National Labor Relations Board (NLRB) had ruled that a superseniority clause in the collective bargaining agreement between chauffeurs and the Con- necticut Limousine Service violated the National Labor Relations Act. The court ruled that the presumption of illegality against a super- seniority clause can be rebutted by legitimate and substantial business justifications. The chauffeurs demonstrated that the superseniority clause enabled some drivers to bid successfully for early morning trips in order to maximize contact with other company employees. The court upheld the superseniority clause in overturning the NLRB’s decision. N.L.R.B. v. Local 443, 600 F.2d 411 (2nd Cir., 1979). Connecticut—Bradley International Airport (BDL) Overview BDL is owned and operated by Connecticut Airport Authority of the State of Connecticut. BDL is classified as a primary medium hub under the NPIAS. It is ranked 53rd according to the 2017 enplanements, which reached a total of 3,164,647. BDL is located in Windsor Locks and serves the surrounding metropolitan region. BDL is a civil and military airport. According to the U.S. Census, Windsor Locks has a population of 12,554 as of 2017. State Cited as: Conn. Gen. Stat. ch. x § x-x (2018). Authorization The Department of Transportation has the jurisdiction to regulate taxicabs by prescribing service, reasonable rates and charges, and standard for equipment. Conn. Gen. Stat. ch. 244a § 13b-96 (2018). Taxicabs shall obtain a certificate of public necessity and convenience. Conn. Gen. Stat. ch. 244a § 13b-97b, -99 (2018). Livery service operators require a permit from the Department of Transportation. Livery service refers to vehicles for-hire except for motor bus and taxicabs. The livery permit shall be displayed in each vehicle. Conn. Gen. Stat. ch. 244b § 13b-103 (2018). TNCs shall register with the Commissioner of Transportation. TNC drivers are not required to obtain a commercial driver’s license. Conn. Gen. Stat. ch. 244c § 13b-117, -118 (2018). TNC operators shall conduct a driving record check; local, state, and national criminal history check; and Federal Bureau of Investigation fingerprint check of criminal history. Conn. Gen. Stat. ch. 244c § 13b-119 (2018). Fees TNCs shall pay a fee of 25-cents per ride for all rides that originate in Connecticut. Conn. Gen. Stat. ch. 244c § 13b-121 (2018). Employee Conduct TNC drivers shall not solicit or accept cash payment. Conn. Gen. Stat. ch. 244c § 13b-118 (2018). TNCs shall not discriminate on the basis of the age, color, creed, destination, intellectual or physical disability, national origin, race, sex, sexual orientation or gender identity. Conn. Gen. Stat. ch. 244c § 13b-118 (2018).

ACRP LRD 39 23 Operating Rules TNCs shall display digitally to the passenger a picture of the TNC driver and the vehicle license plate number used for the prearranged ride. Conn. Gen. Stat. ch. 244c § 13b-118 (2018). If a TNC implements dynamic pricing, then an estimated fare is to be provided to the passenger, and the passenger shall confirm that he or she understands that dynamic pricing is in effect. Conn. Gen. Stat. ch. 244c § 13b-118 (2018). If a TNC operator cannot accommodate a wheelchair passenger, then the company shall direct the passenger to an alternate provider, if available. Conn. Gen. Stat. ch. 244c § 13b-118 (2018). A TNC driver shall not operate for more than 14-consecutive hours or 16-hours within a 24hour period. Conn. Gen. Stat. ch. 244c § 13b-118 (2018). Vehicle Requirements Taxicabs shall have a rooftop electric light and the company phone number displayed on the outside of the vehicle. Conn. Gen. Stat. ch. 244a § 13b-99 (2018). Taxicab and livery service vehicles are prohibited from operating as a TNC vehicle. Conn. Gen. Stat. ch. 244c § 13b-118 (2018). While operating on a digital network, TNC vehicles shall display a removable decal showing the company name. Conn. Gen. Stat. ch. 244c § 13b-118 (2018). TNC vehicles shall have 4-doors, be 12 or less in model years, and seat no more than eight total. Conn. Gen. Stat. ch. 244c § 13b-119 (2018). Insurance Requirements TNC vehicles connected to the digital network, but not engaged in a ride, shall be insured for at least $50,000 per death or injury per person, $100,00 per death or injury per accident, and $25,000 for property damage. While engaged in a ride, the liability limit shall be at least $1,000,000. Compliance Any records of prearranged rides audited by the Commissioner of Transportation shall be confidential and not subject to the Freedom of Information Act. Conn. Gen. Stat. ch. 244c § 13b-118 (2018). Local Specific concession agreements between the Connecticut Airport Authority and ground transportation operators contain additional terms. The following are some examples of agreement terms. Ground transportation operators pay a fee that ranges from $2.25 to $5.25 per pickup depending on service type. Rental car operators pay a fee of 10% of gross receipts. An AVI system may be used for the auto- mated collection of fees. Florida Statewide Title 23 of the 2018 Florida Statues involves motor vehicles and Title 24 involves public transportation. Title 27 (Insurance), Chapter 627 (Insurance Rates and Contracts), Part 11 involves motor vehicle insurance, including requirements for TNCs. Case History City Cab Co. sought to overturn a National Labor Relations Board (NLRB) order forcing City Cab to bargain collectively with its taxi drivers. City Cab contends that its drivers are not employees but independent contractors; thus, not covered under the National Labor Relations Board Act. The court affirmed NLRB’s ruling by applying the principles of agency law. City Cab has an exclusive contract to operate at the Orlando airport, and Orlando permits City Cab to operate 115 of the 127 taxicabs in Orlando. Some important factors favor- ing the employee designation are: (1) airport requiring drivers to maintain a trip sheet recording trips and fares, (2) City Cab regulating work hours, (3) dispatch and starters controlling passenger selection, (4) airport mandating that drivers accept all passengers, and (5) an extensive dress code. City Cab Co. of Orlando, Inc. v. N.L.R.B., 628 F.2d 261 261 (D.C. Cir., 1980). Several ground transportation companies in Orlando, including Airport Limousine Service, challenged Fla. Stat. ch. 324.031 that amend- ed insurance coverage requirements. These companies claimed that the federal Liability Risk Retention Act had preempted the Florida statute. The Florida statute no longer permits for-hire passenger transportation companies to self-insure the first $25,000 of liability, but

24 ACRP LRD 39 instead required the purchase of insurance from a member of the Florida Insurance Guaranty Association. The court held that Congress had intended to preserve state authority to utilize financial responsibility laws to protect the public; therefore, the federal act did not pre- empt the new state insurance requirements. Mears Transp. Group v. State, 34 F.3d 1013 (11th Cir., 1994). Florida—Orlando International Airport (MCO) Overview MCO is owned and operated by the Greater Orlando Aviation Authority which manages all airports in Orange County, Florida. MCO is classified as a primary large hub under the NPIAS. It is ranked 12th according to the 2017 enplanements, which reached a total of 21,565,448. MCO is located six miles southeast of downtown Orlando and serves the surrounding metropolitan area. According to the U.S. Census, Orlando has a population of 280,257 as of 2017. Local Greater Orlando Aviation Authority Ground Transportation Rules and Regulations. Cited as: GOAA Rules and Regs. § x.x (2018). Authorization MCO commercial vehicle and rental car operations require a permit. The types of permit include out-of-town shuttle, taxicab, non-concessionaire (catch all), off-airport rental car, vehicles for-hire, and concessionaire. TNCs are handled differently via an operating agreement. GOAA Rules and Regs. § 3.2 (2018). Unless a permit holder is authorized to use floating permits, a permit decal is to be affixed to each vehicle the holder possesses. A transponder is used to record vehicle entry and exit to/from ground transportation facilities. GOAA Rules and Regs. §§ 2.101, 3.8, 3.84 (2018). Insurance, Bonding, Indemnification A security or bond is required for each permit holder. The amount is four-times the average monthly total of privilege and starter fees for taxicab, security deposit amount for concessionaires, four-times the average dwell time fees and privilege fees for rental car operators, and two-times the average monthly total of dwell time fees and privilege fees for non-concessionaire operators. GOAA Rules and Regs. § 4.1 (2018). Concessionaires are required to fulfill the insurance requirement as specified in the concession agreement. All other permit holders must procure a liability and property damage insurance policy. For six or fewer passengers the amounts are $125,000 per person per occurrence, $250,000 per accident, and $50,000 for property damage. For seven or more passengers, the amounts are $1million per combined single limit. GOAA Rules and Regs. § 4.7.2 (2018). A permit holder shall indemnify GOAA and the City from damage caused by the permit holder and its drivers. GOAA Rules and Regs. § 4.8 (2018). Operating Rules Solicitation is not allowed at MCO except for advertising on the courtesy telephone boards. GOAA Rules and Regs. § 5 (2018). Several rules govern the conduct of permit holders and drivers. Improper conduct, such as threatening behavior and use of profanity, is prohibited. Engines should not be idling unless in an active loading area. Meet and greet activities are restricted in specific areas and have to be conducted according to guidelines. Detailed rules exist for parking in different areas such as at different airport levels, staging areas, loading zones, and garages. GOAA Rules and Regs. § 6 (2018). Taxicab operation rules include procedures for starters, holding areas, and fair payment. A starter is an individual who facilitates rides between passengers and taxis. Taxis are required to keep the appropriate rank within holding areas and to follow the vehicle ahead. Payment by credit card must be allowed. Taxicab inspections could occur randomly. GOAA Rules and Regs. § 7.1-7.4 (2018). Out-of-town shuttle operation rules include the establishment of an out-of-town shuttle service center, maintenance of a dispatch service, filing of areas and schedules, and conformance with allowable and prohibited service zones. GOAA Rules and Regs. § 7.7 (2018).

ACRP LRD 39 25 Fees Permit holders are required to pay the applicable dwell time, privilege, and taxicab starter fees. Transponders are used for collecting revenue control information. The Director of Airport operations will conduct an annual fee review and adjust based on the consumer price index. The dwell time fee for vehicles for-hire and taxicabs is $3.15 for each half-hour period. Off-airport rental car operators pay fees ranging from $2.35/10-minutes to $7.80/20-minutes subsequent to the first time period, according to the class of vehicle. Privilege fees include $3.30 for taxicab trips, 10% of gross receipts for off-airport rental car, and $2.65 to $4.00 per trip for non- concessionaire, vehicle for-hire, and out-of-town shuttle permit holders. GOAA Rules and Regs. § 8.1-8.4 (2018). Annual certification includes the reporting of the schedule of gross receipts and privilege fees along with an independent auditor’s report. Off-airport car rental operators shall maintain books recording gross receipts that has been examined by an independent public account. GOAA Rules and Regs. § 8.8-8.9 (2018). Violation Procedures, Appeals, and Fines Failure to provide vehicle for-hire information will result in a suspension. The permit holder will be fined $1,000 when the holder, an affiliate, or a driver operates while suspended. Engaging in unallowed solicitation will result in a 30-day suspension and a $500 fine. Category I violations, such as unauthorized presence, failure to provide meet and greet, and evading fees, will result in a 10-day suspension and a $250 fine. Category II violations, such as lack of permit decal or loitering, will result in a three-day suspension and a $150 fine. Category III violations, such as not having a meet and greet sign and improper engine idling, will result in a one-day suspension and $100 fine. Other categories of violations also exist. The occurrence of multiple violations leads to more severe consequences. GOAA Rules and Regs. § 9 (2018). After a notice of violation has been issued, an operator may request a hearing before the Ground Transportation Committee of the Authority. The results of the hearing can be appealed to the Chief Executive Officer. GOAA Rules and Regs. § 9 (2018). Orlando Municipal Code City of Orlando Ordinances apply at MCO. Cited as: Municipal Code ch. x (2019). Parking and Traffic Orlando Municipal Code regulates traffic operations and parking. The Code presents police enforcement duties; fees, penalties and procedures; and the role of transportation engineering. Municipal Code ch. 39 (2019). Vehicles-for-Hire The Code regulates taxicabs, limousines, luxury passenger vehicles, shuttles, and other vehicles for-hire. The Code specifies minimum safety and equipment standards. The Vehicle-for-Hire Administrator has the authority to recommend rates and surcharges. The Code specifies the permit application process. The Vehicle- for-Hire Administrator determines the number of taxicab permits to be issued annually after a public hearing. The Code requires a driver permit and various obligations, such as the use of the most direct route, providing change, and issuing a receipt. Municipal Code ch. 55 (2019). Florida—Miami International Airport (MIA) Overview MIA is owned and operated by Miami-Dade County. MIA is classified as a primary large hub under the NPIAS. It is ranked 14th according to the 2017 enplanements, which reached a total of 20,709,225. MIA serves Miami and the surrounding metropolitan region. According to the U.S. Census, Miami has a population of 463,347 as of 2017. Local Chapter 25 of the Code of Miami-Dade County, Florida, involves the Aviation Department rules and regulations. The licensing and regu- lation of for-hire vehicles is conducted by the Miami-Dade County Department of Regulatory and Economic Resources (RER).

26 ACRP LRD 39 Cited as: County Code § xx-x.x (2019). Authorization A permit is required to conduct commercial ground transportation activities at MIA, except for a duly licensed taxicab in Miami-Dade County. County Code § 25-4.1 (2019). A Miami-Dade County for-hire license is required to operate in Miami-Dade County. County Code § 31-82(a) (2019). Taxicab licenses can be transferred subject to the written approval of the RER. County Code § 31-82(r) (2019). All taxicab drivers shall be registered with the RER. County Code § 31-83 (2019). Vehicle-for-hire operators shall comply with all applicable federal, state, and county laws, ordinances, rules, and regulations. County Code § 31-82(j)(1) (2019). A for-hire license holder shall enter into a written agreement with each for-hire driver with terms such as duration, insurance, and vehicle inspection. County Code § 31-82(j)(14) (2019). Fees The taxicab medallion fee is $25,000. County Code § 31-82(m) (2019). Operating Rules For-hire operators with accessible vehicles shall prioritize requests from wheelchair passengers. County Code § 31-82(j)(14) (2019). Employee Conduct Vehicle-for-hire drivers shall not solicit on behalf of or divert business from any hotel, motel, apartment, restaurant, or any other business. County Code § 31-68, -69 (2019). Vehicle Requirements Vehicles-for-hire shall display conspicuously the following notice: “It is unlawful for the driver of this vehicle to recommend or solicit patronage for any place of business.” County Code § 31-72 (2019). Maximum rates for taxicabs are set by the Board of County Commissioners of Miami-Dade County. County Code § 31-87 (2019). Vehicles-for-hire shall meet minimum safety standards. Vehicle interiors shall be clean and free of grime, oil, or trash. Vehicle exteriors shall be clean and free from cracks, dents, and damaged paint. Vehicle must be equipped with an operating air-conditioning system. County Code § 31-89 (2019). Taxicabs shall be equipped with a credit card processing system, global positioning dispatch system, and SunPass toll tag. County Code § 31-89 (2019). Compliance Violations may be considered a civil offense punishable by penalties listed in Section 8CC-10 of the Code. County Code § 31-74 (2019). RER has the duty to enforce vehicle for-hire rules and regulations and has the power to issue, deny, suspend, and revoke for-hire licenses and registrations. County Code §§ 31-84(a), -90 (2019). Georgia Statewide Title 40 of the 2018 Georgia Code involves motor vehicles and traffic. Case History A limousine service, Town & Country, sought to invalidate the City of Atlanta’s ordinances on minimum fares for trips to and from ATL. Town & Country claims that the ordinances violate the commerce clause by placing an unreasonable burden on interstate commerce. The court agreed that the Town & Country limousine service was part of interstate commerce because the vast majority of Town & Country’s service were prearranged trips to and from ATL. But the court ruled that the minimum fare requirements did not place a prohibitive burden on interstate commerce. Interstate commerce clause protects the overall interstate market and not specific firms. The burdens that the fare requirements impose on interstate commerce are at most incidental. Executive Town & Country Servs., Inc. v. City of Atlanta, 789 F.2d 1523 (11th Cir., 1986).

ACRP LRD 39 27 Taxicab owners in Atlanta sought to invalidate an annual renewal charge on holders of Certificates of Public Necessity and Convenience (CPNC) by claiming that the charge is an impermissible tax instead of a regulatory fee. The court noted that the basic power of taxation belongs to the state, and a city may only tax when the authority is expressly conferred. A tax is primarily a revenue-raising measure while a fee serves to aid in regulating an activity. Even though the Bureau of Taxicabs & Vehicles for Hire receives the majority of its operating funds from Atlanta’s general fund, with the airport fee being only a small portion, the renewal fee is not sufficient to fund the regulatory activity performed. The court affirmed that the CPNC charge was a fee used to defray the cost of regulatory activities and not an impermis- sible tax. Hadley v. City of Atlanta, 232 Ga.App. 871 (Ga. App., 1998). Airport taxicab operators challenged the City of Atlanta’s taxicab ordinances on four points. First, the operators claimed that a limit on the number of taxicabs permitted placed an unreasonable burden on interstate commerce. The court ruled that while competition generally benefits the public, restraints imposed by the ordinances increased the level of service to the public and increased profitability for drivers. Second, the operators claimed that requiring drivers to have been a local resident for one-year violates the constitutional right to travel. The court applied the rational basis test to uphold the ordinance and held that public safety and efficient service are legitimate interests furthered by the residency requirement. Third, the operators alleged the ordinance violates equal protection because certain criminal con- victions automatically disqualify a driver while other convictions result in discretionary revocation. The court found that applicants and permit holders were treated equally. Last, the operators contended the requirement that taxicab operators own at least 25 vehicles violates the freedom of association. The court dismissed the challenge based on freedom of association as it has not found any case in a similar commercial context. Airport Taxi Cab Advisory Comm. v. City of Atlanta, 584 F. Supp. 961 (N.D. Ga. 1984). Overview ATL is owned and operated by the City of Atlanta. ATL is classified as a primary large hub under the NPIAS. It is ranked first accord- ing to the 2017 enplanements, making it the largest passenger airport in the United States. The total enplanements for ATL in 2017 was 50,251,964. ATL serves the metropolitan region of Atlanta and the surrounding areas. According to the U.S. Census, Atlanta has a popula- tion of 486,290 as of 2017. The City of Atlanta is authorized by state statute to operate and regulate ATL. Ga. Code Ann. § 6-3-20 (2018). Local Cited as: Municipal Code ch. 22 § x-x (2019). Authorization It is unlawful to operate a taxicab, limousine, rideshare vehicle, charter, scheduled service, or other for-hire vehicles on ATL premises without a permit. Only taxicabs holding a vehicle for-hire permit can utilize ATL’s taxi assembly area. Only rideshare providers holding a vehicle for-hire permit can originate trips from ATL and utilize the rideshare assembly area. Only courtesy vehicle operators with a permit can utilize ATL’s designated courtesy vehicle areas. Municipal Code §§ 22-203, -202(a)(4), -221, -251-266, -281, -284, -301, -330 (2019). Taxicab providers are required to obtain Certificates of Public Necessity and Convenience (CPNCs) and vehicle for-hire permits. Taxicab providers shall own a minimum of 20 CPNCs and maintain an office in metro Atlanta. A taxicab operator shall have the ability to provide services to the disabled or contract with another provider. Municipal Code §§ 22-236, -243, -244 (2019). Scheduled service providers shall operate a sufficient number of vehicles to provide hourly service for 16-hours a day, seven-days a week. Municipal Code § 22-281(b)(2) (2019). Metro van/minibus service vehicles shall not exceed 20-feet in length. Municipal Code § 22-284 (c)(2) (2019). Rideshare operator shall request a minimum of 20 decals. Municipal Code § 22-333 (a) (2019).

28 ACRP LRD 39 Fees Operators of for-hire vehicles, such as taxicabs, limousines, and ridesharing, pay a permit fee of $50 per vehicle, per year. Drivers without a Georgia Department of Driver Services for-hire license endorsement pay a security fee of $3.25 per trip and secure a private background check. Charter operators pay a $0.10 per search fee. Off-airport operators shall pay a fee of 8% of the gross receipts derived from airport patrons. Hotel and motels pay a courtesy vehicle fee of $360 per vehicle per year and a $10 per room per year subject to maxima. Parking lot courtesy vehicles pay $360 per vehicle and $10 per space per year. Vehicle leasing courtesy vehicles pay a charge of $360 per vehicle and $5 per loading area trip. Metro area scheduled service providers pay a monthly fee of 5% of gross receipts under $400,000 and 7% for gross receipts over $400,000. Non-metro schedule service providers pay $600 per year for a designated loading area and $100 per vehicle. Commercial vans/ minibus providers pay a permit fee of $100 per vehicle per year and a parking fee per exit. Taxicabs using ATL’s taxi assembly area pay a $1.50 per trip access fee. Rideshare vehicles pay a $1.50 per trip curbside access fee. Limousines pay a fee of $1.50 per originating trip. Municipal Code § 22-202 (2019). Operating Rules The airport manager establishes the maximum trip fees for scheduled metro service. For example, the maximum trip fee to downtown is $16.50. Municipal Code § 22-202(f) (2019). Taxicabs providing contracted and prearranged service are allowed to pick up from the terminal at designated locations. Municipal Code § 22-237 (2019). Limousines can only operate on a prearranged basis. Limousine representatives can assist passengers through baggage claim. Municipal Code § 22-302 (2019). Rideshare vehicles can only stop or park in designated areas. Rideshare vehicles are refrained from cruising at the airport. Municipal Code § 22-330 (2019). Insurance Requirement Scheduled service and commercial van/minibus providers shall have liability insurance coverage in the amount of $500,000 per person, $1,000,000 per occurrence, and $100,000 property damage. Limousine providers shall have liability insurance coverage in the amount of $100,000 per person, $250,000 per occurrence, and $50,000 property damage. Rideshare operators shall have a minimum of $1,000,000 per incident liability insurance. Municipal Code §§ 22-281(b)(6), -284(c)(4), -301 (b)(2), -333(b) (2019). Employee Conduct Ground transportation drivers are not allowed to load/unload in any non-designated areas, solicit for business, deviate from scheduled arrival and departure service times, or leave vehicles unattended while in loading areas. Car rental and courtesy vehicle employees shall not solicit for business at the airport. Taxicab drivers shall not enter the assembly area with a passenger or fail to pull up while in the assembly area. Municipal Code §§ 22- 204(a), -205, -221, -285(c), -302(d) (2019). Drivers and Vehicles Taxicabs shall have functioning air conditioning, sufficient trunk space for luggage, a clean interior, and no offensive odors. Municipal Code § 22-241(b) (2019). Taxicab and rideshare drivers shall take the most direct route to a destination, accept credit card payment, accept a passenger unless the passenger is dangerous, not carry nonpaying passengers, not threaten passengers, and display a valid decal. Municipal Code §§ 22-242, -332 (2019). Compliance The aviation general manager is authorized to impose fines and suspend, revoke, or refuse to renew permits for violating ground transportation provisions in the municipal code. Administrative penalties may be appealed via a hearing. Municipal Code § 22-203 (2019). Taxicabs are subject to random inspections of taximeters. Municipal Code § 22-239 (2019). Limousines are subject to random inspections while parked in loading areas or in an airport parking facility. Municipal Code § 22-302(f) (2019). Rideshare vehicles are subject to random inspections while within rideshare assembly areas. Rideshare operators shall connect to ATL’s vehicle tracking software enabling ATL to track ridesharing activity within the airport. Municipal Code §§ 22-331, -333(c) (2019).

ACRP LRD 39 29 Airport Regulations Under Division 6 of the Atlanta Municipal Code, Motor Vehicle Traffic, the aviation general manager has authority to regulate all aspects of traffic and traffic control. Municipal Code § 22-181 et seq. (2019). County Regulations Since ATL is located in mostly the unincorporated areas of Fulton and Clayton counties, operators should comply with regulations from both counties. Chapter 86 of Fulton County Code of Ordinances regulates vehicles for-hire. Article II addresses taxicabs specifically. Fulton County Code of Ordinances ch. 86 (2019). Chapter 22, Article VII, of Clayton County Code of Ordinances regulates taxicabs and taxicab drivers. Clayton County Code of Ordi- nances ch. 86 (2019). Hawaii Statewide Title 15 of the 2019 Hawaii Revised Statutes concerns transportation and utilities. Case History SIDA of Hawaii, an organization representing independent taxicab owners and operators serving the Honolulu International Airport (HNL), sought classification of its members as independent contractors instead of employees. SIDA had the exclusive right for providing metered taxi service at HNL. The court agreed with SIDA that its members do not fall under the definition of employee under the National Labor Relations Act § 2(3), 29 U.S.C. § 152(3) (1964). The court applied the agency test in analyzing the extent of control exercised by SIDA, Associated Independent Owner-Operators, Inc. v. NLRB, 407 F.2d 1383, 1385 (9th Cir. 1969). SIDA of Hawaii v. NLRB, 512 F.2d 354 (9th Cir. 1975). Employees of Auto Rental, Inc., Ltd., sought recovery for overtime compensation under Section 16(b) of the Fair Labor Standards Act of 1938, 9 U.S.C. § 201 et seq. The employees drove an 11-passenger stretched-out limousine called “the airporter” that mainly serviced Honolulu International Airport. The court held that the Act was limited to those engaged in interstate commerce, and that airporter trans- portation was merely local in nature. In contrast to Airlines Transp., Inc. v. Tobin, 198 F.2d 249 (4th Cir. 1952), the court ruled that there was no close knit relationship between the airlines and the airporters in de-coupling the interstate trip with the subsequent intrastate travel. Mateo v. Auto Rental Co., Ltd., 240 F.2d 831 (9th Cir. 1957). Hawaii—Daniel K. Inouye International Airport (HNL) Overview HNL is owned and operated by the Hawaii Department of Transportation. HNL is classified as a primary large hub under the NPIAS. It is ranked 28th according to the 2017 enplanements, which reached a total of 9,743,989. HNL serves the City and County of Honolulu on Oahu and the surrounding area. According to the U.S. Census, Honolulu has a population of 351,792 as of 2017. State Hawaii Administrative Rules, Title 19 (Department of Transportation), Subtitle 2 (Airports Division) Cited as: Admin. Rules § xx-xx.x-x (2018).

30 ACRP LRD 39 Authorization Prearranged ground transportation operators require a permit or written authorization to operate at HNL. Admin. Rules § 19-20.1-3 (2018). Taxicabs shall have a taxi permit issued by the taxicab management concessionaire, and taxi drivers shall be authorized by taxicab management concessionaire. Taxi drivers shall obtain all necessary permits, licenses, approvals, qualifications, and certifications as required by any governmental body having jurisdiction to regulate. Taxicab drivers are subject to a background check, if required by the Federal Motor Carrier Safety Regulations. Admin. Rules §§ 19-38.1-5, -6 (2018). Taxicab vehicles shall have a permit and be licensed by the applicable governmental body. The current safety sticker and evidence of licensing and registration shall be displayed at all times in the vehicle. Admin. Rules § 19-38.1-6 (2018). Insurance Requirements A prearranged ground transportation permittee shall obtain adequate insurance as determined by the applicable state or county, or by the director of the department of transportation. Admin. Rules § 19-20.1-6 (2018). A prearranged ground transportation or a taxicab permittee shall indemnify and hold harmless the State and department of transportation from claims arising out of the permitted operation at the airport. Admin. Rules §§ 19-20.1-11, 19-38.1-11 (2018). A taxicab vehicle shall have insurance as required by the county in which the vehicle will be sued. Admin. Rules § 19-38.1-8 (2018). Operating Rules Commercial vehicles and other vehicles for-hire shall only be operated in airport areas designated for such purposes by the director of the department of transportation. Admin. Rules § 19-15.1-7 (2018). Taxicabs shall comply with the designated areas for taxi stands, pickup areas, and hold areas. Taxicabs shall comply with procedures for taxi staging, sequencing, queuing, and circulating. Admin. Rules § 19-38.1-6 (2018). Vehicle Requirements Taxicabs shall have seating for at least five, be in clean and acceptable appearance, and safe mechanical condition. Admin. Rules § 19-38.1-7 (2018). Employee Requirements Taxi drivers shall maintain a clean and neat appearance and act in an orderly, courteous, and businesslike manner. Drivers shall be suitably uniformed or clothed. Admin. Rules § 19-38.1-10 (2018). Compliance Prearranged ground transportation permit may be revoked for rule violations. Admin. Rules § 19-20.1-9 (2018). The taxi management concessionaire shall establish procedures for suspending or revoking taxi vehicle permits and taxi driver authorizations. Admin. Rules § 19-38.1-5 (2018). Idaho Statewide Title 49 of the 2019 Idaho Statues concerns motor vehicles. Chapter 37 is the codified Transportation Network Company Services Act. Case History Frazier claimed the City of Boise violated Article VIII, § 3 of the Idaho Constitution for incurring public liability in building parking facili- ties at the Boise Airport without a public vote. The Idaho Constitution has an exception from requiring a vote if an undertaking is “ordi- nary and necessary.” The court held that the parking project did not fall under the “ordinary and necessary” exception. The City had dealt with the increasing demand for parking by shuttling travelers to off-site parking areas. The need for the construction of the permanent parking structure was not deemed to be immediate or urgent; therefore, the City should submit the project to a vote of the people. City of Boise v. Frazier, 137 P.3d 388 (Idaho, 2006).

ACRP LRD 39 31 Idaho—Boise Airport Gowen Field (BOI) Overview BOI is owned and operated by the City of Boise Department of Aviation. BOI is classified as a primary small hub under the NPIAS. It is ranked 69th according to the 2017 enplanements, which reached a total of 1,777,642. BOI serves the City of Boise and the surrounding metropolitan area. According to the U.S. Census, Boise has a population of 226,570. State TNCs are regulated at the state level. Ridesharing is exempt from motor carrier laws for vehicles with a seating capacity of 15 or fewer. The exemptions include insurance requirements, laws imposing greater standard of care, special accident reporting, and laws imposing tax on fuel purchased in another state. Idaho Code Ann. § 49-2431 (2019). Ridesharing is also exempt from workmen’s compensation law. Idaho Code Ann. § 49-2432 (2019). Local City of Boise, Boise Airport (Gowen Field) Airport Commission’s Rules and Regulations Cited as: Rules and Regs. §xx.x (2003). City of Boise Municipal Code Cited as: Municipal Code §xx-xx-xx (2003). Authorization Commercial ground transportation operators shall obtain a valid commercial vehicle permit to operate at BOI. Rules and Regs. §10.1 (2003). A right granted by a permit may not be assigned to another party unless consented by BOI. Rules and Regs. §10.10 (2003). Fees A ground transportation fee is changed for operators of taxicabs, buses, off-airport car rental shuttles, and hotel-motel courtesy vehicles. The fees are in accordance with the type of commercial vehicle activity. Rules and Regs. §4.9 (2003). Hotel/motel courtesy vehicles shall pay $100 per vehicle per year. For non-publicly funded revenue shuttles, the annual permit fees are $50 for 1-6 seats, $100 for 7-16 seats, and $200 for greater than 16 seats. The per trip fee is $1.50 for revenue shuttles. Taxicabs pay $20 per year per vehicle and a $1.50 per entrance fee. Off-airport parking shuttles with more than 10 spaces pay a $50 permit fee, plus $1.25 per 24-hour period for each vehicle in the off-airport lot. Municipal Code §12-19-05 (2004). Insurance Requirements Operators and drivers shall indemnify the City of Boise and its employees from all claims arising from commercial ground transportation operations unless the damage was caused by the gross negligence or willful misconduct of the City of Boise employees. Rules and Regs. §10.9 (2003). Operating Rules Taxicabs shall load according to the rotation based upon the order of arrival unless a passenger requests otherwise. When the taxicab loading area is full, a taxicab must wait in a holding area. Rules and Regs. §10.3 (2003). Employee Conduct Drivers shall not solicit, induce, or encourage passengers to accept transportation. Rules and Regs. §10.7 (2003). Vehicle Requirements Commercial vehicles shall be maintained in a clean and mechanically workable condition, and be free from substantial body or interior damage. Rules and Regs. §10.8 (2003).

32 ACRP LRD 39 Illinois Statewide Chapter 625 of the 2019 Illinois Compiled Statutes concerns vehicles. TNCs are addressed in 625 ILCS 57 (2019). Case History A Chicago Transit Authority (CTA) train had derailed at the O’Hare International Airport station. The train overran the bumper and partially ascended the airport escalator leading to 30 people being injured. CTA determined that train operator fatigue was the cause and implemented operational rules to improve safety. CTA added rules such as limiting work hours to 12 per day in any 14-hour period and limiting work days to six in any consecutive seven-day period. The local workers union claimed that CTA had violated the collective bar- gaining agreement (CBA) by unilaterally implementing these new rules. Arbitrators and the lower court had ruled that CTA had violated the CBA. CTA asked the appellate court to vacate those rulings due to a public policy exception; namely, that Illinois public policy requires for CTA to provide safe mass transportation to the public. In ruling against the applicability of the public policy exception, the court ex- plained that the Illinois Constitution and Transit Act did not demonstrate a well-defined public policy regarding the safety associated with transit workers’ scheduling or work hours in order to vacate arbitration awards concerning labor terms. Chi. Transit Auth. v. Amalgamated Transit Union Local 308, 108 N.E.3d 285 (Ill. App., 2018). Illinois—O’Hare International Airport (ORD) Overview ORD is owned by the City of Chicago and operated by the Chicago Department of Aviation. ORD is classified as a primary large hub under the NPIAS. It is ranked third according to the 2017 enplanements, which reached a total of 38,593,028. ORD serves the City of Chicago and the surrounding metropolitan area. According to the U.S. Census, Chicago has a population of 2.716 million. Local Municipal Code of Chicago Cited as: Chicago Code § x-xxx-xxx (2019). Authorization Taxicabs operating in Chicago shall be licensed. No operator shall own more than 25% of the authorized licenses issued. Only licensed drivers may operate taxicabs. Chicago Code § 9-112-020, -030, -260 (2019). Public passenger vehicles other than taxicabs, such as charter, jitney, and livery vehicles, shall also be licensed. Chicago Code § 9-114-020 (2019). Fees Annual taxicab fee is $1,000 per vehicle. Annual livery and charter vehicle fee is $500. Annual jitney car fee is $250. Chicago Code § 9-112-150, -114-070 (2019). Vehicle Requirements Taxicabs are required to pass a safety inspection by the commissioner prior to entering service. Chicago Code § 9-112-050 (2019). Taxicabs shall have a total capacity fewer than 10 persons. Vehicles shall be seven-years or newer except for wheelchair accessible or fuel efficient vehicles. Vehicles shall have an odometer reading of less than 125,000. Taxicabs shall be equipped with a safety shield separating the front and rear compartments and video camera. Chicago Code § 9-112-070, -140 (2019). Taxicabs from the same affiliation must display the same uniform color scheme and logo. Chicago Code § 9-112-360 (2019). Operating Rules Taxicab drivers shall not operate for more than 12- consecutive hours within a 24-hour period. Chicago Code § 9-112-250 (2019). Compliance The commissioner has the power to rescind, fine, suspend, or revoke licenses. Chicago Code § 9-112-120, -370 (2019).

ACRP LRD 39 33 City of Chicago Transportation Network Providers (TNP) Rules The TNP Rules were jointly developed by the Chicago Business Affairs and Consumer Protection Department and the Chicago Depart- ment of Aviation. Chicago uses the term TNP in place of TNC; the terms are used interchangeably in the following rules summary. Cited as: TNP Rules § x.xx (2017). Authorization Engaging in TNC activity in Chicago requires a license. TNP Rules § 1.01 (2017). TNC drivers are required to have a valid transportation network chauffeur, restricted public chauffeur, or taxi chauffeur license. TNP Rules § 1.06 (2017). TNC vehicles shall display a Chicago TNP vehicle emblem identifying the TNP licensee, vehicle identification, and license plate. TNP Rules § 1.12 (2017). TNC providers shall demonstrate the ability to respond to requests for wheelchair accessible vehicles. TNP Rules § 4.02 (2017). Airport authorization and the use of distinctive signage are required in order to pick up from ORD. TNP Rules § 6.01, 6.05 (2017). Insurance Requirements TNC drivers shall carry both personal automobile insurance and TNP-mandated certificate of automobile insurance whenever operating as a TNC. TNP Rules § 1.03 (2017). Vehicle Requirements TNC vehicles shall not display any form of advertising, be it paid or unpaid, on the interior or exterior. TNP Rules § 1.07 (2017). Vehicles shall display a 311 signage with the telephone number for passengers to provide ride feedback to the City. TNP Rules § 1.17 (2017). Employee Conduct Drivers shall not discriminate or violate the Chicago Human Rights Ordinance. Chicago Code § 2-160. Drivers are prohibited from picking-up street hails or from taxi stands. TNP Rules § 5.04 (2017). Drivers shall be courteous and not insult or use profane language. Drivers shall operate in a safe manner and not be under the influence of alcohol or any other controlled substance. TNP Rules § 5.06 (2017). Drivers shall not collect any fares. All fare transactions shall be through the digital network. TNP Rules § 5.08 (2017). Operating Rules TNC vehicles shall proceed directly to the TNC loading zone upon airport arrival. Passenger loading shall occur only in the designated loading zone. TNP Rules § 6.06 (2017). Drivers shall remain in vehicles at all times while in the loading zone, except to assist with loading of passengers. TNP Rules § 6.07 (2017). Unloading of passengers shall occur at the upper level roadway only. TNP Rules § 7.02 (2017). Compliance TNC provides shall submit data on a monthly basis, including trip data, vehicle information, driver details, trip request data, and accident data. TNP Rules § 2.02 (2017). Violations of rules may result in revocation or rescission. TNP Rules § 5.13, 5.14 (2017). The following rules were developed by the Chicago Department of Aviation for O’Hare International Airport and Midway International Airport (MDW).

34 ACRP LRD 39 Taxicabs Taxi stands are located at the lower level curb front at each terminal outside the baggage claim area. Taxicabs shall pick up only at the taxi stand. Taxicabs shall be equipped with meters. Taxi fares are based on traffic conditions. Shared rides are available for a flat fee to certain destinations. Limousines Limousines shall provide prearranged rides only. Limousine drivers can meet passengers at designated pickup locations with the baggage claim area. TNC TNC shall only provide prearranged rides via the digital platform. TNCs drivers shall pickup in the designated waiting areas in terminals 2 and 5. Shuttles and Buses Hourly shuttles provide service from ORD to MDW at the Bus/Shuttle Center on Level 1 of the Main Parking Garage. Shuttle and SUVs provide door-to-door service to downtown and suburbs and pick up outside baggage claim areas. Regional buses provide service to areas in Illinois, Indiana, Iowa, and Wisconsin. Indiana Statewide Title 8 of the 2018 Indiana Code concerns utilities and transportation. Chapter 19.2 addresses TNCs. Case History The Indiana General Assembly created the Northwest Indiana Regional Development Authority (RDA) to improve transportation and economic development in Northwest Indiana. This region faces unique and distinct challenges that are different than those faced by other parts of Indiana. RDA was intended to help fund and develop the Gary/Chicago International Airport, commuter transportation district, rail projects, regional bus authority projects, and regional transportation authority projects. The Porter County Council decided to with- draw from the RDA and sought declaratory judgment that the Council had such ability. In ruling that the RDA Act did not authorize Porter County to withdraw, the court noted that the legislature’s goals and purposes in enacting RDA were compelling. The legislature provides means for local governments to withdraw from local development authorities and did not do so in the case of the RDA. Cnty. Council of Porter Cnty. v. Northwest Indiana Reg’l Dev. Auth. (Ind. App., 2011). Indianapolis—Indianapolis International Airport (IND) Overview The Indianapolis International Airport is owned and operated by the Indianapolis Airport Authority, a municipal corporation operating six airports in the Indianapolis metropolitan region. It is ranked 46th according to the 2017 enplanements, which reached a total of 4,343,722. IND serves the City of Indianapolis and the sur- rounding metropolitan area. According to the U.S. Census, Indianapolis has a population of 872,680. Local Indianapolis, Marion County, Code of Ordinances Cited as: Indianapolis Code § x-x (2019).

ACRP LRD 39 35 Authorization Operating public vehicles for-hire without a license is prohibited. Public vehicles for-hire include such vehicles as vans, minivans, buses, and jitneys that transport no more than 15 passengers. A separate license is required for each vehicle. A license shall be displayed in plain view in the vehicle. Indianapolis Code § 996-11, -21, -41, -126 (2019). Drivers shall possess an Indiana public passenger chauffeur or commercial driver’s license. Indianapolis Code § 996-22 (2019). A taxicab transports passengers for a fare based on the distance traveled. All taxicabs shall be licensed. A taxicab must contain the monthly taxicab certificate issued by the license administrator. Indianapolis Code § 996-71, -77 (2019). Insurance Requirements All public vehicles for-hire shall maintain a public liability insurance coverage of not less than $100,000 combined limit for personal injury and property damage. Indianapolis Code § 996-46 (2019). Vehicle Requirements Taxicabs shall be 10-years or newer. Vehicles that are more than six-years-old required annual inspection by the city garage and license administrator. Indianapolis Code § 996-72 (2019). The fare schedule shall be visibly displayed on the taxicab interior. Indianapolis Code § 996-102 (2019). Operating Rules Public vehicles for-hire licensees shall comply with fare rules established by the Indianapolis Airport Authority for all trips origination from IND. Indianapolis Code § 996-85 (2019). Taxicabs shall use the shortest route possible. Indianapolis Code § 996-107 (2019). Employee Requirements Employees shall be clean, free from body odor, and well-groomed. Employees shall be dressed in clean clothes consisting of collared shirt or blouse and slacks or skirt. Indianapolis Code § 996-124 (2019). No person shall operate a vehicle for more than 12-hours in any consecutive 24-hour period, or 20-hours in any consecutive 48-hour period. Indianapolis Code § 996-138 (2019). Iowa Statewide Title 8 of the 2019 Iowa Statutes addresses transportation. Chapter 321N concerns TNCs. Case History A central issue in two life insurance cases was whether or not a defendant was a common carrier according to Iowa law. If a death occurred while the insured was a passenger in common carrier public conveyance, then the insurance payments increased. Here, the transportation was part of an overall travel package purchased by a travel agency. The court defined a common carrier as one who holds himself/herself out to the public to furnish transportation to all who requested such services within the limits of his/her facilities. A common carrier does not need to cater to all the public as long as it is willing to transport for-hire all those who come within the scope of services. The court affirmed the lower court’s ruling that airport transporters were common carriers and that the additional insurance amounts applied. Kvalheim v. Horace Mann Life Ins. Co., 219 N.W.2d 533 (Iowa, 1974) Iowa—Des Moines International Airport (DSM) Overview DSM is owned by the City of Des Moines and operated by the Des Moines Airport Authority. DSM is classified as a primary small hub under the NPIAS. It is ranked 83rd according to the 2017 enplanements, which reached a total of 1,257,521. DSM serves the metropolitan region of Des Moines and the surrounding area. According to the U.S. Census, Des Moines has a population of 217,521. The Aviation Authority Act, Iowa Code ch. 330A (2018), granted the Des Moines Airport Authority (DMAA) the power to promulgate rules and regula- tions in managing and operating DSM.

36 ACRP LRD 39 Local Des Moines Airport Authority Rules and Regulations Cited as: Rules and Regs. § x-x (2015). Authorization Ground transportation providers shall comply with all applicable laws and ordinances (federal, state, and local), agreements and permits, in addition to the Authority Rules and Regulations. Providers shall obtain all licenses, permits, and authorizations required by all applicable governmental agencies. Rules and Regs. § 9-2, -4 (2015). Any person operating a commercial vehicle shall first obtain an operating permit authorizing the specific activity. Rules and Regs. § 9-3 (2015). A commercial ground transportation vehicle shall have the required decal and AVI transponder or trade-dress. TNCs are not required to use AVI. Rules and Regs. § 9-4, 9-5(h) (2015). TNCs shall use a geofence to monitor and track vehicles while serving passengers at the airport. Rules and Regs. § 9-11(a) (2015). Insurance Requirements A commercial vehicle operating at DSM shall have the minimum liability insurance coverage required by any local, state, or federal agency. Rules and Regs. § 9-5(a) (2015). Fees Taxicabs shall pay a surcharge to support the taxicab starter service. Rules and Regs. § 9-9 (2015). Operating Rules Commercial vehicles must be attended while in front of the terminal, designated commercial lanes, or passenger loading/unloading areas. Rules and Regs. § 9-5(d) (2015). Upon arriving, limousines shall park in a garage or another unrestricted area. If the prearranged trip is within 15-minutes of arrival, then the limousine may proceed to the commercial vehicle lanes to load passengers. Rules and Regs. § 9-7(a) (2015). Buses shall not park in the designated parking area for more than 45-minutes. Rules and Regs. § 9-8 (2015). TNC drivers may proceed to the commercial vehicle lanes to load prearranged passengers. TNC drivers shall remain logged into the digital platform while on airport premises. Rules and Regs. § 9-11(d), (f) (2015). Vehicle Requirements Taxicabs shall clearly display rates and charges to a passenger seeking transportation. Rules and Regs. § 9-9(b) (2015). Employee Conduct Taxicab drivers shall not refuse to transport passengers. Rules and Regs. § 9-9(c) (2015). Taxicab drivers must take the most direct route unless otherwise requested by the passenger. Rules and Regs. § 9-9(d) (2015). TNC drivers shall not solicit business at the airport. Rules and Regs. § 9-11(e) (2015). Compliance Violations of regulations are misdemeanors punishable by a denial of airport use, civil penalty, fine, or imprisonment. Rules and Regs. §§ 2-4, 9-10, 22-55 (2015). State TNCs are regulated uniformly throughout the state. Iowa Code § 321N. The Department of Transportation exclusively controls, super- vises, and regulates TNCs. Iowa Code § 321N.11. Any political subdivision is prohibited from enacting unauthorized ordinance regulating TNCs except for commercial service airports to regulate operations on airport facilities. Iowa Code § 321N.11.

ACRP LRD 39 37 Kentucky Statewide Title 16 of the 2018 Kentucky Revised Statutes concerns motor vehicles. Case History In a personal injury case involving a Transit Authority of River City (TARC) bus, a main issue is whether or not TARC enjoyed sovereign immunity from a negligence lawsuit. TARC provides transportation services like other for-hire taxi and bus services in the Louisville metropolitan region. The court distinguished those who provided transportation services from those who provided transportation in- frastructure. For example, a county airport board exists solely to provide and maintain the air transportation infrastructure. The board exercises core functions of the government by legislating and issuing bonds. The board itself does not provide transportation services. In contrast, TARC simply provides transportation services and does not carry out functions integral to state government such as legislating, administrating, or facilitating statewide transit. TARC’s motion for summary judgment on the grounds of immunity was therefore denied. Transit Auth. of River City & Dalton Holt v. Bibelhauser, 432 S.W.3d 171 (Ky. Ct. App., 2014). Kentucky—Louisville Muhammad Ali International Airport (SDF) Overview SDF is owned and operated by the Louisville Regional Airport Authority (LRAA), an autonomous municipal corporation. SDF is clas- sified as a primary small hub under the NPIAS. It is ranked 73rd according to the 2017 enplanements, which reached a total 1,684,738. SDF serves the metropolitan area of Louisville and the surrounding regions. According to the U.S. Census, Louisville has a population of 602,011. LRAA is an autonomous municipal corporation authorized by state statutes to make, adopt, and enforce rules and regulations and to establish charges and fees at SDF and Bowman Field (LOU). Ky. Rev. Stat. Ann. § 188.133 (2019). Local Louisville Regional Airport Authority Regulations Cited as: Regs. ch. 700 § x (2017). Authorization Ground transportation providers are required to obtain a permit or to operate under an agreement. A separate operator permit or agreement is required for each type or class of ground transportation. For taxicabs and airport shuttles a valid concession is required to pick up passengers and accept prearranged pickups at the airport. For charter bus, hotel/motel shuttle, mass transit bus, commercial bus, off-airport parking courtesy shuttle, and TNC vehicle, a valid operator permit is for the privilege of picking-up passengers and baggage at the airport. Only operators with a valid operator permit may provide interstate or intrastate commercial bus service at the airport. Regs. chs. 700 § B(2)(a), 701 § A, 702 § A, 703 § A, 704 § A, 705 § A, 707 § A, 708 § A, 711 § A, 712 § A (2017). All ground transportation vehicles shall display an identification decal, unless exempt by the Authority. Regs. ch. 700 § B(4)(e) (2017). Taxi drivers shall display at all times the Authority-issued driver permit and all personal identification required by federal, state, and local laws and regulations. Regs. ch. 700 § B(3)(c) (2017). TNC drivers are required to obtain a Motor Carrier Passenger Certificate issued by the Kentucky Transportation Cabinet. TNC drivers shall display the operator’s specific decal. Regs. ch. 700 § B(3)(a), B(3)(b) (2017). The Authority may limit the number of taxicab and airport shuttle operators. Regs. chs. 701§ C, 702§ C, 703§ C, 704§ C (2017).

38 ACRP LRD 39 Fees Taxicab and airport shuttle fees shall be set forth in the respective concession agreements. Charter bus fees are $25 per day per bus, $100 per week, or $400 per month. Hotel/motel courtesy vehicle fees are $600 per vehicle per year. Limousine fees are $100 per limousine per year in addition to trip fees. Mass transit bus fees are $10 per month. Commercial bus fees are $100 per month. Off-airport parking courtesy vehicle operators pay a monthly fee equal to 10% of the gross parking revenues in addition to a $100 per vehicle monthly fee. TNC operators pay the fees outlined in the operating agreement and in the regulations. Regs. chs. 701 § B, 702 § B, 703 § B, 704 § B, 705 § B, 707 § B, 708 § B, 711 § B, 712 § B (2017). Employee Conduct Operators shall not solicit customers at the airport. Drivers shall remain near their vehicles at all times. Except for a bonafide trainee, there should be no other persons in the vehicle other than the driver and passengers. Drivers shall park only in areas designated for their vehicles. Drivers shall operate their vehicles in a safe manner. Drivers shall have a clean appearance and be suitably dressed. Drivers shall be courteous at all times and not employ loud, profane, or abusive language. Regs. ch. 700 § B(3) (2017). Vehicles Vehicles should be maintained in good operating order and be kept clean and neat both inside and out. Regs. ch. 700 § B(4) (2017). Each operator’s vehicles shall be identified by the same color scheme, design, decal, and trade-dress, and be readily visible from 50-feet. Regs. ch. 700 § B(4)(d) (2017). TNC vehicles shall be equipped with both a heating system and an air conditioning system and be engaged at the passenger’s request. Regs. ch. 700 § B(4)(g) (2017). Operating Rules TNC vehicles shall only travel along authorized routes and shall not park or wait in any unauthorized areas. Regs. ch. 700 § B(3)(b) (2017). Charter buses, hotel/motel courtesy shuttles, and limousines shall park for no more than 20-minutes at a time for picking-up passengers and baggage. Commercial buses and off-airport parking courtesy vehicles shall park for no more than 15-minutes at a time for picking-up passengers and baggage. Mass transit buses shall park in the loading area for no more than five-minutes for picking-up passengers. TNC drivers shall move to a designated holding area if the loading zone is already occupied and use the TNC’s mobile app to monitor the availability of the loading zone. Regs. chs. 703 § C, 704 § C, 705 § C, 707 § C, 708 § C, 711 § C, 712 § C (2017). Compliance The Authority may issue fines according to one of five categories of offenses and suspend or revoke permits. A hearing can be requested to contest penalties. The determination of such a hearing could then be appealed. Regs. chs. 110, 700 § C (2017). Drivers are subject to random inspections without advanced notice. Regs. ch. 700 § B(3)(r) (2017). Louisiana Statewide Title 32 of the 2018 Louisiana Revised Statutes concerns motor vehicles and traffic regulation. Case History A local newspaper filed a public records request for a TNC’s driver registry and trip data relative to third-party drivers. A TNC driver sought to block the release on the grounds of right to privacy. The court agreed with the TNC driver and ruled that such information was not subject to a public records request, and the driver’s right to privacy outweighed any public interest in the information. The court contrasted the codes governing taxicabs and TNCs. For taxicabs, the code specified that the records pertaining to the certificates of public necessity and convenience, and driver’s permits to be made available to the public at all times. For TNCs, the code only specified that the information pertaining to the TNC permittees to be public and not the drivers. A driver’s licensure flows from the TNC permittee, and the city’s regulatory scheme shields TNC drivers’ personal information from public discovery. Rasier, LLC v. City of New Orleans, 222 So.3d 806 (La. App., 2017).

ACRP LRD 39 39 Louisiana—Louis Armstrong New Orleans International Airport (MSY) Overview MSY is owned and operated by the City of New Orleans. MSY is classified as a primary medium hub under the NPIAS. It is ranked 38th according to the 2017 enplanements, which reached a total of 6,022,318. MSY serves the metropolitan area of New Orleans. According to the U.S. Census, New Orleans has a population of 393,292. Local The primary sources of regulation for ground transportation at MSY are the New Orleans International Airport Rules and Regulations, and the New Orleans City Code Article III, Public Transportation. The Rules and Regulations and the City Code mirror each other with some amount of duplication. The New Orleans Aviation Board (NOAB) oversees the administration, operation, and maintenance of MSY as an unattached board under the City of New Orleans. New Orleans International Airport Rules and Regulations Cited as: Rules and Regs. § 12.xx (2012). Authorization All ground transportation operators shall possess a contract, franchise, permit, or other authorization document from NOAB in order to operate at MSY. Every person desiring to operate a ground transportation vehicle shall obtain a permit or an access card. Permit requirement includes the possession of all necessary licenses (e.g., CPNC, LPSC, ICC), driver’s license, driver’s permit, insurance certificate, vehicle registration, etc. Rules and Regs. § 12.01.B, 12.08 (2012). Taxicabs shall obtain and display an airport taxi use decal. Rules and Regs. § 12.13 (2012). Employee Conduct No employees shall solicit any business either directly or via porters or sky caps. Vehicle cruising and solicitation of passenger is prohibited. Rules and Regs. § 12.01.D, 12.10.C.2 (2012). Operators are forbidden from refusing to transport or discriminate against passengers. Rules and Regs. § 12.01.D, 12.10.C.3 (2012). Employees shall not threaten, abuse, insult, or interfere with any passenger, regulator, or NOAB employee. Rules and Regs. § 12.10.C.4 (2012). Operating Rules Loading/unloading should only occur at designated staging areas. Employees shall remain close to their vehicles during active loading. Rules and Regs. § 12.10.C.6, 12.01.D, 12.10 (2012). Hotel/motel, parking, and rental car courtesy shuttles shall load/unload only in designated areas. Rules and Regs. § 12.10 (2012). For prearranged transportation, a provider is allowed to park in the staging or loading area 20-minutes before pickup and greet and meet passengers inside the terminal with a sign. Rules and Regs. § 12.10.B.1 (2012). Taxicabs shall follow MSY procedures, guidelines, and practices such as taxicab line and holding area procedures. Rules and Regs. § 12.15 (2012). Vehicle Requirements Vehicles shall have a clean title, fully functioning air conditioner and heater, credit card machine, and security camera system. Vehicles shall be in a clean condition and no greater than five-years-old. Rules and Regs. § 12.14 (2012).

40 ACRP LRD 39 Compliance Violation of Rules and Regulations may result in penalties and fines, suspension, or revocation depending on the severity and nature of the violations and the number of cumulative violations. Rules and Regs. § 12.10.C. 12.11 (2012). Disciplinary procedures involve the filing and service of a complaint by an Aviation Board agent, a hearing, the issuing of penalties, an appeal to the Aviation Board’s Legal Committee, and an appeal to the district court. Rules and Regs. § 12.12 (2012). Operators are responsible for the violations of their employees; regulations will be enforced against both the operator and the employees. Rules and Regs. § 12.01.C (2012). Attempts at solicitation of passengers will result in a suspension. Any threat of physical violence will result in immediate suspension and a hearing within 72-hours. Rules and Regs. § 12.10.C.5 (2012). Vehicles that impede or restrict traffic flow may be cited, towed, or immobilized. Rules and Regs. § 12.10.C6 (2012). New Orleans City Code Cited as: Municipal Code § 22-xx (2019). Authorization All ground transportation operators shall possess a contract, franchise, permit, or other authorization document from NOAB in order to operate at MSY. Taxicabs should obtain a taxi airport use permit or authorization document. Taxicab drivers shall be in possession of all necessary licenses and documents, including evidence of proper insurance, when operating. Municipal Code §§ 22-84 to -86, -89 (2019). Employee Conduct No employees shall solicit for business either directly or through porters. Municipal Code § 22-88 (2019). Employees shall not handle baggage. Municipal Code § 22-88 (2019). When loading, all employees shall remain in close proximity to their vehicles. Municipal Code § 22-88 (2019). A taxicab driver who attempts to influence the destination of any passengers will result in a permit revocation. Municipal Code § 22-93 (2019). All drivers shall be orderly, courteous, and honest. Municipal Code § 22-95 (2019). No employees shall discriminate against any person due to race, creed, sex, national origin, or physical handicap. Municipal Code § 22-98 (2019). Operating Rules Taxicabs shall forward to MSY the destination of passengers. Municipal Code § 22-93 (2019). Vehicle Requirements Taxicabs shall be neat and clean, and have functioning air conditioning. Municipal Code § 22-96 (2019). Compliance NOAB may deny, suspend, and/or revoke operation permits based on rules or regulations violations. The contracting firm is responsible for the violations of its employees. Municipal Code § 22-83, -87 (2019). NOAB may conduct inspections on demand to verify proper insurance. Code §§ 22-89, -97 (2019).

ACRP LRD 39 41 Maine Statewide Title 29 of the Maine Revised Statutes concerns motor vehicles. Case History Off-airport rental car companies challenged the City of Portland’s fees of 4-6% of gross revenues from airport-derived business. Previ- ously, off-airport rental car companies were not charged a fee while on-airport companies paid a fee of 10% of gross revenues in addition to terminal counter space charges. The court found that the fees were not an illegal tax but that they were reasonably related to the cost of maintaining, repairing, and operating the entire airport revenue producing facility. Even though the rental car companies claim they only impose a minimal burden on the airport, they do use the airport and its roadways. The court found that the difference in fees charged to shuttle buses versus rental car operations was rationally based on the differences and the benefits each received from the airport. Thus the fees were not unjust, unreasonable, and inequitable. Hefflefinger, Inc. v. City of Portland, 1999 ME 153, 739 A.2d 844 (Me., 1999). Maine—Bangor International Airport (BGR) Overview BGR is owned and operated by the City of Bangor. BGR is classified as a nonhub under the NPIAS. It is ranked 160th according to the 2017 enplanements, which reached a total of 302,224. BGR serves the Bangor region. According to the U.S. Census, Bangor has a population of 31,903. Commercial ground transportation is regulated at various levels of government including the Interstate Commerce Commission, State of Maine, City of Bangor, Maine Department of Transportation, and Bangor International Airport. The most detailed and applicable regulation to BGR is the Bangor International Airport Ground Transportation Rules and Regulations. Local Bangor International Airport Ground Transportation Rules and Regulations Cited as: Rules and Regs. § x.xx (2019). Authorization Commercial ground transportation operators shall follow all applicable laws, regulations, rules, and ordinances and obtain all required permits. An airport access permit is required of all providers except for buses, and the access permit decal shall be displayed on the vehicle. A vehicle cannot be dual licensed as both a taxicab and a shuttle or limousine. Rules and Regs. § 4.00, 4.02, 4.05 (2019). Access permits shall not be assigned, transferred, or delegated. Rules and Regs. § 14.00 (2019). Employee Conduct No employees shall solicit business, fares, or passengers on airport property. Authorized operators may advertise on the passenger reservation board at baggage claim. Rules and Regs. § 4.03 (2019). Drivers shall conduct themselves in a friendly, orderly, and proper manner and not engage in open disputes or offend passengers. Drivers shall not mislead any person. Drivers shall maintain proper appearance and hygiene, and follow the BGR dress standards. Rules and Regs. § 5.01, 5.06 (2019). Drivers shall be near their vehicles while in the staging area, and the first in line driver shall remain in the vehicle. Rules and Regs. § 5.01 (2019). Employees shall not discriminate against persons based on race, color, religion, sex, handicap, familial status, or national origin. Rules and Regs. § 4.04 (2019).

42 ACRP LRD 39 Operating Rules The next taxicab in line shall service the next customer unless the customer chooses otherwise. Rules and Regs. § 5.02 (2019). Loading/unloading of passengers shall occur in designated areas only and never in the travel lanes. Rules and Regs. § 5.02(c) (2019). Each provider is allowed up to three vehicles in a taxi stage area at a time. Rules and Regs. § 5.02(d) (2019). Drivers shall take the most expeditious route to the destination. Rules and Regs. § 5.04 (2019). Reserved taxicabs must display the word “RESERVED” and shall not pickup walkup passengers. Rules and Regs. § 6.02 (2019). Vehicle Requirements Vehicles shall not have dents larger than six-inches or rust greater than one-inch. Vehicles shall be clean on the inside and outside and have no unpleasant odors. Vehicles shall have functioning heating and air conditioning. Insurance Operators shall meet the City’s minimum insurance limits and, at a minimum, the Main Tort Claims Act requirement of $400,000. Rules and Regs. § 13.00 (2019). Fees Annual fees are $150 for 1-5 taxis, $250 for 6-10 taxis, and so forth. Annual hotel/motel shuttles are $150. There are no annual fees for out-of-town prearranged taxis, limousines, or buses. Rules and Regs. § 21.00 (2019). Compliance Violations of rules and regulations will results in penalties, suspension, and/or termination from airport service. Rules and Regs. §§ 3.00, 16.00 (2019). BGR may conduct random inspections. Rules and Regs. § 5.03 (2019). Maryland Statewide Title 10, Division I (Public Services and Utilities) of the 2019 Maryland Public Utilities Code concerns for-hire driving services. Case History An airport prearranged ground transportation provider, American Sedan Services, Inc. challenged a Maryland Aviation Administration (MAA) regulation requiring the display of a valid permit on the rearview mirror while operating at BWI. A violation of such a regulation is considered a misdemeanor. The driver had left the permit in another vehicle and picked-up passengers without the required permit. Maryland Transportation Authority (MdTA) police arrested the driver and impounded the vehicle while conducting special permit en- forcement. The special enforcement was in response to complaints about unauthorized operation of commercial vehicles at BWI. The court held that the regulation requiring the permit display had been published in accordance with the Maryland Administrative Procedure Act and the Maryland Documents Law and was not required to be posted at the airport. The court ruled the officer had the authority to make the misdemeanor arrest. State v. Roshchin, 130 A.3d 453, 446 Md. 128 (Md. App., 2016). Maryland—Baltimore/Washington International Thurgood Marshall Airport (BWI) Overview BWI is owned and operated by the MAA under the Maryland Department of Transportation. BWI is classified as a primary large hub under the NPIAS. It is ranked 22nd according to the 2017 enplanements, which reached a total of 12,976,554. BWI serves the Baltimore metropolitan region and the surrounding area. According to the U.S. Census, Baltimore has a population of 619,493.

ACRP LRD 39 43 Local Code of Maryland Regulations Cited as: 11 COMAR ch. 1 § xx (2019). Authorization Except for off-airport rental car operators, a permit is required for commercial vehicles and courtesy vehicles. 11 COMAR ch. 1 § 05-1.A (1) (2019). Commercial vehicles are required to be approved and registered by either the Maryland Public Service Commission or the FHWA Office of Motor Carriers. 11 COMAR ch. 1 § 05-1.A (2019). Operating Rules Commercial and courtesy vehicles may only pickup prearranged passengers and shall depart the airport immediately after dropping-off or picking-up passengers. 11 COMAR ch. 1 § 05-1A (4), (6) (2019). Employee Conduct Commercial and courtesy vehicle operators shall not solicit on airport property. 11 COMAR ch. 1 § 05-1A (7) (2019). Drivers shall not pick up passengers without a prearranged reservation. Drivers shall not be discourteous or use profane or abusive conduct or language. Drivers shall not operate a vehicle in a reckless or unsafe manner. 11 COMAR ch. 1 § 05-1.C (2019). Fees Transportation providers not operating under a lease or concession contract shall pay an annual permit fee of $100 per vehicle. 11 COMAR ch. 1 § 05-1.A(10) (2019). Compliance Failure to comply with regulations may result in a written warning, suspension, permit revocation, and renewal denial. 11 COMAR ch. 1 §§ 05-1A(9), 05-2 (2019). Various levels of appeal exist for operators who were disciplined, including the Office of Administrative Hearings, Executive Director, and then judicial review. 11 COMAR ch. 1 § 05-3 (2019). Massachusetts Statewide Chapter 40, Title 7 of the 2017 General Laws of Massachusetts involves powers and duties of cities and towns, for example the power to regulate taxicabs. Title 15 involves the regulation of trade, for example the regulation of taximeters. Case History A fixed base operator tenant challenged the Barnstable Municipal Airport Commission’s (BMAC) prohibition on jet fuel sales. BMAC had reserved for itself the right to sell jet fuel. Even though the facts of the case do not involve ground transportation directly, the court discussed the powers of airport commissions, including ground transportation contracting. The court interpreted the case law and statutes involving suppression of competition, and ruled that the legislature had authorized airport commissions to employ exclusivity restrictions except for contracts related to transportation to and from airports. The court also affirmed the sovereign immunity enjoyed by airport commissions such as the Massachusetts Port Authority. Rectrix Aerodrome Ctrs. Inc. v. Barnstable Mun. Airport Comm’n, 610 F.3d 8 (1st Cir., 2010). Massachusetts—Boston Logan International Airport (BOS) Overview BOS is owned and operated by the Massachusetts Port Authority (Massport), an independent public authority and not a state agency. BOS is classified as a primary large hub under the NPIAS. It is ranked 16th according to the 2017 enplanements, which reached a total of 18,759,742. BOS serves the metropolitan region of Boston and the surrounding area. According to the U.S. Census, Boston has a popula- tion of 685,094. The Code of Massachusetts Regulations is the primary source of regulation for ground transportation at BOS. Ground

44 ACRP LRD 39 transportation at BOS falls mainly under Section 23 of Title 740 (Massachusetts Port Authority). Motor vehicle regulations fall under Section 2 of Title 540. State Cited as: xxx CMR § xx.xx (2018). Authorization Ground transportation operators are required to have a valid operating agreement in order to provide service at BOS except for Boston Taxicabs and suburban taxicabs with a medallion or taxicab license plate. Operators are required to obtain all applicable licenses, permits, consents, approvals, and authorizations from all levels of governmental authority, including federal, state, and municipal. Each vehicle shall clearly display the vehicle permit and other required identification. Vehicle permits are not transferrable to another vehicle. Drivers shall have a copy of these regulations, i.e., 740 CMR 23.00 et seq., at all times. 740 CMR § 23.03(1), 23.03(2)(j), 23.04(1)(b), 23.05 (2018). Fees Operators shall pay charges, fees, or base rates established by the Authority. Such base rate may be reduced for alternative fuel vehicles. The Authority shall notify the public of changes in charges, fees, or base rate 30-days prior to implementation. 740 CMR § 23.03(1) (2018). Operators shall keep records of all trips and make them available upon written request. 740 CMR § 23.03(2)(h) (2018). Unless a ground transportation vehicle was dispatched by the Authority, each operator shall pay a dwell time charge. 740 CMR § 23.03(2)(x) (2018). Vehicle Requirements Each vehicle shall display the trade name of the operator as required by federal, state, and local regulations. 740 CMR § 23.03(2) (2018). Vehicles shall be in good mechanical condition and be clean and neat in appearance. 740 CMR § 23.03(2)(n) (2018). Vehicles shall have working air conditioning during the summer, a clean luggage compartment, and working seatbelts when required by law. 740 CMR § 23.03(2)(w) (2018). Employee Conduct Employees shall not refuse to carry a passenger requesting service, unless the passenger is disorderly or presents a danger. Employees shall not discriminate based on race, color, religion, sex, ancestry, national origin, sexual orientation, or disability. No employee shall refuse service on the basis of destination unless the operator provides prearranged or scheduled service. 740 CMR § 23.03(2), 23.5(2)(d), 23.06(2)(c), 23.07(2)(c) (2018). A passenger retains the right to select any Boston Taxicab from the stand. 740 CMR § 23.04(3)(a) (2018). A driver shall not pick up an additional passenger unless the prior passenger consents. 740 CMR § 23.04(3)(e) (2018). Drivers shall be suitably dressed, be neat and clean in appearance, and behave in an orderly manner. 740 CMR § 23.03(2)(i), 23.03(2)(m) (2018). No employees shall give a gratuity to any airport ground transportation employees, hackney officer, or police officer. 740 CMR § 23.03(2)(l) (2018). No employee shall solicit ground transportation service unless approved by the Authority. 740 CMR § 23.03(2) (o) (2018). A driver shall remain at the wheel of the vehicle while the vehicle is in the commercial vehicle stand. A driver may leave the vehicle to assist in loading passengers and baggage. A driver shall not enter the terminal unless permitted by the Authority. 740 CMR § 23.03(2)(u) (2018).

ACRP LRD 39 45 Operating Rules Vehicles not carrying passengers shall proceed directly to the long term waiting area, the designated commercial vehicle stand, or the airport exit; a taxicab with a certification for short job service may follow the short job service procedures instead. 740 CMR § 23.03(2)(t), 23.04(2)(a) (2018). Taxicabs shall only pick up passengers in turn at a commercial vehicle stand. 740 CMR § 23.03(3)(a) (2018). Compliance Failure to comply with these regulations may result in a warning, fine, or suspension. 740 CMR § 23.99 (2018). Hearings shall be conducted according to the procedures established in Mass. Gen. Laws ch. 30A (2017). A police officer, hackney officer, or an authorized Authority representative may perform vehicle and driver compliance inspections at any time. 740 CMR § 23.03(2)(s) (2018). Michigan Statewide Chapter 257 of the 2019 Michigan Compiled Laws concerns motor vehicles, including the Limousine, Taxicab, and Transportation Net- work Company Act, Mich. Comp. Laws § 257.2101 to 257.2153 (2019). Case History Two public transportation providers, Michigan Flyer and Indian Trails, had supported a lawsuit by disabled individuals, to oppose the Wayne County Airport (DTW) from moving the public transportation bus stops from the terminal curbside. After the lawsuit was settled, the providers sued DTW for retaliation under Title V of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12203(a). The providers claimed that DTW extended preferential access to other providers. The court affirmed the lower court’s dismissal. The providers lacked standing because they were corporations and not “individuals” as specified in the statute language. Mich. Flyer LLC v. Wayne Cnty. Airport Auth., 860 F.3d 425 (6th Cir., 2017). Michigan—Detroit Metropolitan Wayne County Airport (DTW) Overview DTW is owned and operated by Wayne County, Michigan. DTW is classified as a primary large hub under the NPIAS. It is ranked 18th according to the 2017 enplanements, which reached a total of 17,036,092. DTW serves the metropolitan region of Detroit and the sur- rounding areas, considering it is located in Romulus, MI, a suburb of Detroit. According to the U.S. Census, Detroit has a population of 673,104. The Wayne County Airport Authority’s power to regulate ground transportation comes from a combination of various federal, state, and local laws and regulations. For example, the Michigan Public Airport Authority Act of 2002 vested the Authority with duties and powers to adopt rules, regulations, and ordinances at airports. Local Ground Transportation Regulations for Detroit Metropolitan Wayne County Airport Cited as: Airport Regs. § x.x (2016) Authorization Drivers and employees shall maintain all required licenses and certifications. Operators shall comply with all applicable federal, state, and airport regulations and/or laws. Employees must display a current valid airport identification badge. Airport Regs. §§ 6.F, 6.J, 14 (2016) Insurance Operators shall maintain insurance in amounts required by state law. Airport Regs. § 6.D (2016).

46 ACRP LRD 39 Fees The airport fees are $10 per trip for prearranged operators, $30 per trip for buses. Airport access fees shall be waived for public operators of ground transportation, i.e., governmental and nonprofit entities. Airport Regs. §§ 7.B, 8.B, 9.B (2016). Operators who enter into a contract with the Airport Authority are governed by the terms of the contract. Airport Regs. § 10 (2016). Employee Conduct Drivers shall be professional, competent, and courteous. Drivers shall be experienced, trained, and licensed, and shall maneuver safely. Airport Regs. § 6.D (2016). Operating Rules Prearranged transportation operates at two designated locations at DTW. Vehicles are allowed to remain in the vehicle staging area for a maximum of 30-minutes. Airport Regs. § 7.A, 7.E, 7.F (2016). DTW shall be treated as a bus stop and not a bus depot; thus, buses shall not dwell and wait for passengers. A bus operator shall only have one bus at a terminal at a time. Bus drivers shall not leave their buses except to assist with active loading/unloading or to use the direct dial telephone for passenger assistance. Airport Regs. § 8.D (2016). Paratransit operators may pickup and drop-off passengers at the same locations as private operators. Airport Regs. § 9.D (2016). Courtesy shuttles shall only actively load/unload and not dwell. Airport Regs. § 11 (2016). Upon request from a passenger with disability, a ground transportation operator shall modify its service to provide an additional pickup/drop-off. Airport Regs. § 13 (2016). Detroit Michigan Code of Ordinances Cited as: Municipal Code § xx-x-x (2019). Authorization A bond is required of all vehicles for-hire operators. A bond is an authorization to be licensed from the City of Detroit Department of Consumer Affairs. The number of bonds is limited to 1,310. Bonds shall not be transferable for a period of 18-months after the original issuance. After the 18-months, bonds shall be freely transferable by sale, gift, or bequest. Municipal Code § 58-2-20, -27 (2019). Insurance The minimum liability insurance amounts shall be $100,000 per injury or death per person, $300,000 per accident, and $10,000 for property damage. Municipal Code § 58-2-22 (2019). Operating Rules The vehicle for-hire commission establishes vehicle for-hire rates. Municipal Code § 58-2-5 (2019). An existing passenger must consent before additional passengers are allowed on a taxicab. Municipal Code § 58-2-49 (2019). Vehicle Requirements Taxicabs shall be equipped with a partition between the driver and passengers. Municipal Code § 58-2-39 (2019). Taxicabs shall have a taximeter installed. Compliance Vehicles shall be inspected semi-annually and as needed. Municipal Code § 58-2-4 (2019). Violations of the municipal code may result in the issuance of police notice and suspension, revocation, or denial of renewal of license. Municipal Code § 58-2-2 (2019).

ACRP LRD 39 47 Minnesota Statewide Chapters 218 to 222 of the 2018 Minnesota Statutes govern carriers. Case History The Minneapolis Yellow Taxi Company (Yellow) operates in many areas of the Twin Cities, including the Minneapolis-St. Paul Metropoli- tan International Airport (Airport). At issue was the classification of the taxicab lessees as either employees or independent contractors. If they were classified as employees, then Yellow would be required to collectively bargain with the drivers about the terms and conditions of employment. The court ruled that the lessees were independent contractors overturning the ruling by the National Labor Relations Board (NLRB). The court applied a right-to-control test with a “totality of circumstances approach.” The important factors include lack of control over the manner of operations, freedom in not accepting calls or dispatches, and no compensation paid to lessees. Lessees paid a daily rate for leasing a cab but the hours were up to the lessees alone. Requirements imposed on the drivers were by the Airport as a regulatory agency, such as rules concerning starters at the airport taxi stands and the maintenance of trip sheets. such regulatory control imposed by the government does not evidence employer control. Yellow Taxi Co. of Minneapolis v. N.L.R.B., 721 F.2d 366, (D.C. Cir., 1983). Overview MSP is owned and operated by the Minneapolis-Saint Paul Metropolitan Airports Commission (MAC), a state governmental agency. MSP is classified as a primary large hub under the NPIAS. It is ranked 17th according to the 2017 enplanements, which reached a total of 18,409,704. MSP serves the metropolitan region of Minneapolis and St. Paul, and the surrounding areas. According to the U.S. Census, Minneapolis has a population of 422,331. Minn. Stat. § 473.608 (2019) authorizes the Metropolitan Airports Commission to adopt ordi- nances to regulate the management and operation of MSP and six other reliever airports in the Twin Cities region. Local Metropolitan Airports Commission publishes various ordinances to regulate ground transportation at MSP. Metropolitan Airports Commission Ordinance No. 122 Commercial Vehicles Ordinance applies to all commercial ground transportation except for taxicabs and Transportation Network Companies. Cited as: Commission Ordinance No. 122 § x.x (2017) Metropolitan Airports Commission Ordinance No. 126 Taxicabs Ordinance Cited as: Commission Ordinance No. 126 § x.x (2017) Metropolitan Airports Commission Ordinance No. 124 Transportation Network Companies Cited as: Commission Ordinance No. 124 § x.x (2017)

48 ACRP LRD 39 Authorization The types of ground transportation authorized to operate at MSP include limousine service, motor carriers (e.g. buses), and private carriers designed to transport eight or more passengers. Small vehicle passenger service is prohibited except for taxicabs and TNC vehicles. Commission Ordinance No. 122 § 3.1 (2017). All commercial vehicles operating at MSP shall have a permit and an AVI tag except for vehicles that use the eTrip Lanes. An eTrip Lane is a commercial lane using a bankcard payment system. AVI tags are not transferable. Vehicles shall have all applicable federal, state, and local operating authority. Commission Ordinance No. 122 §§ 1.18, 3.1, 3.6 (2017). Taxicabs shall have a valid MAC permit and AVI tag. Drivers shall have a valid MAC driver’s license after undergoing national criminal background and driving record checks. Taxicab operators require MAC authorization to operate at MSP except for prearranged taxicabs. An authorization is not transferrable to another operator. Commission Ordinance No. 126 §§ 3.1, 3.2, 3.3, 4.1, 6.2 (2017). A TNC license and a TNC Driver’s permit are required to operate at MSP. TNC vehicles shall have a valid TNC decal. National criminal background and driving record checks are required in order to be issued a permit. Commission Ordinance No. 124 §§ 3.1-3.3, 6.4, 7.1, 8.3 (2017). TNC operator shall establish a vehicle tracking protocol on a geofence established by the Airport Director. Commission Ordinance No. 124 § 9.2 (2017). Fees Operators shall pay an annual permit fee of $60 per vehicle and an AVI tag activation fee of $50. The per trip fee is $3.16 (2017). Dwell time fees are charged if Class I vehicles exceed 11-minutes and Class II vehicle exceed 21-minutes in the commercial lane. The eTrip Lane trip fee is $8. The auto rental agency fee is 10% of gross receipts. The off-airport parking per trip fee is two-times the current per trip fee. Fees are adjusted periodically by the Airport Director. Commission Ordinance No. 122 §§ 6, 7.2, 8.2 (2017). Taxicabs shall pay an annual authorization fee per operator, permit fee per taxicab of $3,250, and per trip fee of $1.87 ($8 for prearranged). Commission Ordinance No. 126 § 11.1 (2017). TNC fees include a $500 license/renewal fee, $25 driver permit fee, and $3 per trip fee. Commission Ordinance No. 124 §§ 4.1, 11.1 (2017). Vehicle Requirements Commercial vehicles are required to undergo an annual mechanical inspection. Commission Ordinance No. 122 § 3.3 (2017). Vehicles shall be clean, of good appearance, and free from body damage. Commission Ordinance No. 122 § 4.3 (2017). Vehicles shall be clearly marked with operator information and any applicable operating authority number. Commission Ordinance No. 122 § 4.3 (2017). Taxicabs shall be less than 10-years-old, except for certain wheelchair accessible taxicabs. Commission Ordinance No. 126 § 5.2 (2017). Taxicabs shall have distinct name and logo and be registered with the Minnesota Secretary of State. Commission Ordinance No. 126 § 4.2 (2017). TNC vehicles shall have a seating capacity of seven or less, at least four-doors, and not more than 10- model years of age. Vehicles shall display a distinctive signage or emblem while the driver is on the TNC Digital Network. Commission Ordinance No. 124 § 6.1.B, 6.3 (2017).

ACRP LRD 39 49 Insurance Requirements Operators shall have the greater of the MAC or the applicable state or federal insurance requirement. For MAC, a Class I vehicle shall have at least $1,500,000 of combined single liability limit and a Class I vehicle shall have at least $2,000,000. The operator shall indemnify MAC for the negligent acts of the operator employees resulting in personal injury. Commission Ordinance No. 122 § 3.5 (2017). Taxicab operators shall have liability insurance with a minimum of either $200,000 death or injury per person/$600,000 death or injury per accident/$200,000 property damage or a combined single limit of $1,000,00 per occurrence. Commission Ordinance No. 126 § 5.4 (2017). TNC licensees shall carry liability limits of at least $1,000,00 per occurrence and $2,000,000 aggregate. Commission Ordinance No. 124 § 5.1.H (2017). Operating Rules Commercial vehicles shall only use the commercial lanes and designated areas for the pick up of passengers. Commission Ordinance No. 122 § 4.1 (2017). Taxicabs must take the most direct route to a passenger’s destination unless the passenger expressly consents otherwise. Commission Ordinance No. 126 § 7.11 (2017). Taxicabs shall only charge the legal fare set by MAC shown on the taxicab meter. Fare rates shall be clearly displayed. Commission Ordinance No. 126 § 8.1 (2017). The TNC Digital Network shall display for a passenger the identification profile of the TNC driver, a picture and license plate number of the TNC vehicle, and a method to contact the TNC operator. Commission Ordinance No. 124 § 8.1 (2017). TNC vehicles must take the most direct route to a passenger’s destination unless the passenger expressly consents otherwise. Commission Ordinance No. 124 § 8.1.N (2017). Employee Conduct In general, drivers shall remain with the vehicle while in the loading area. Limousine drivers are allowed to meet passengers in the baggage claim area for prearranged service. Commission Ordinance No. 122 § 4.2 (2017). Employees shall not solicit business or pay airport personnel for passenger referrals. Commission Ordinance No. 122 § 5.2 (2017). Employees shall not discriminate based on race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, or age. Commission Ordinance No. 122 § 5.7 (2017). Drivers shall be courteous at all times and not use profane or threatening language or gestures. Commission Ordinance No. 122 § 5.8 (2017). Taxicab drivers shall not refuse to transport passengers unless the passenger is impaired or poses a threat to physical safety. Commission Ordinance No. 126 § 7.4 (2017). Taxicab drivers shall not use cell phones at the loading areas. Cell phone use in the taxicab must be conducted using hands-free technology and must not last longer than one-minute. Commission Ordinance No. 126 § 7.5 (2017). TNC drivers shall not refuse to transport an orderly passenger, including passengers with service animals. TNC drivers shall not leave a vehicle unattended while at MSP. TNC vehicles shall not recirculate the airport. Commission Ordinance No. 124 § 8.1.N (2017).

50 ACRP LRD 39 Compliance MAC may conduct random compliance checks. Commission Ordinance No. 122 § 4.7 (2017). Ordinance violations may result in suspension, revocation, or criminal penalties as set forth Minn. Stat. § 609.03. Commission Ordinance No. 122 §§ 9, 11 (2017). Mississippi Statewide Title 77 of the 2018 Mississippi Code governs public utilities and carriers. Chapter 7 governs motor carriers and Chapter 8 governs Trans- portation Network Companies. Case History Yellow Cab (Yellow) sought to prevent Mississippi Coast Limousine (Coast) from airport access by virtue of possessing an exclusive con- tract with the airport authority. This qualified as a federal case because of diversity of citizenship between Yellow, from Louisiana, and Coast, from Mississippi, and because of federal interstate commerce jurisdiction. Coast had obtained a permit from the Interstate Com- merce Commission (ICC) to offer transportation between the New Orleans International Airport and the Mississippi Gulf Coast with trip distances ranging between 75- and 125-miles. In contrast, Yellow’s service was confined to the New Orleans metropolitan area. At issue is whether the local exclusive airport contract is in conflict with the federal interest in unfettered interstate commerce. The court also looked at four other factors: (1) discrimination against interstate in favor of intrastate commerce, (2) consistency with congressional policy, (3) clear federal legislative preemption, and (4) national scope. If airport access were denied, then Coast would have to drop-off passengers approximately one-half-mile away from the airport. The court found that ICC had the authority to permit interstate transportation to the airport, the exclusion of Coast was in conflict with congressional intent, and the burden on interstate commerce far outweighed any local interest to refuse Coast. Toye Bros. Yellow Cab Company v. Irby, 437 F.2d 806 (5th Cir., 1971) Overview GPT is owned and operated by the Gulfport-Biloxi Regional Airport Authority (GBRAA), established in 1977 by the Cities of Gulfport and Biloxi and Harrison County. GPT is classified as a primary nonhub under the NPIAS. It is ranked 155th according to 2017 enplane- ments, which reached a total of 324,611. GPT is located in Gulfport, MS, and serves the surrounding region. According to the U.S. Census, Gulfport has a population of 71,822. Rules, regulations, and fees concerning motor carriers and TNCs are presented in Chapters 7 and 8 of Title 77 of the Mississippi Code and in Department of Insurance rules and regulations. Local Chapter 4 of the Gulfport-Biloxi International Airport Rules, Regulations, and Fees covers commercial ground transportation services, including TNCs. Cited as: Rules and Regs. ch. 4 § x.x (2018). Authorization TNC drivers shall obtain digital identification involving driver identity and photo; vehicle make, model, and color photo; license plate number, and certificate of insurance. Rules and Regs. ch. 4 § 4.2 (2018). Insurance Requirements Operators may self-insure the first $50,000 of the liability insurance. For vehicles under 12 passengers, the limits are $100,000/$500,000/$100,000. For vehicles over 11 passengers the combined limit is $1,000,000. Taxicabs shall have limits of $100,000/$300,000/$50,000. Limousines shall have a combined $1,500,000 single limit. TNC vehicles shall have insurance according to Miss. Code Ann. § 77-8-1 et seq, and the Mississippi Department of Insurance. Rules and Regs. ch. 4 § 18.2 (2018).

ACRP LRD 39 51 Operating Rules Commercial ground transportation vehicles shall only use loading/unloading areas designated by GBRAA. After unloading, vehicles shall immediately head to designated staging areas. Rules and Regs. ch. 4 § 2.1, 2.2 (2018). Taxicabs shall follow a first-in-first-out rule for lining up at the taxi stand line unless a passenger chooses otherwise. All drivers shall remain in their vehicles except for the first out driver who can address passenger inquiries. Rules and Regs. ch. 4 § 3.1-3.3, 3.8 (2018). TNC operators shall establish geofencing software to monitor vehicle compliance with designated staging, pickup, and waiting areas. Rules and Regs. ch. 4 § 4.3 (2018). Chartered and courtesy vehicles shall first report to the designated staging area before entering the ground transportation lane. Rules and Regs. ch. 4 § 4.3 (2018). Except for taxicabs, all on demand ground transportation operators shall publish rates with GPRAA. Taxicab rates are established by GPRAA and published in a destination rate map. TNC vehicles shall use the fare calculation method shown in their mobile app or website. Rules and Regs. ch. 4 §§ 11, 12 (2018). Employee Conduct Vehicle operators shall not refuse to accept passengers unless a passenger is not ready to leave, engaged in illegal conduct, a threat to driver safety, or behaving in a disorderly manner. Rules and Regs. ch. 4 § 3.5 (2018). Chartered and courtesy operators shall not accept any form of payment or additional passengers for-hire. Rules and Regs. ch. 4 § 5.2 (2018). Shuttle vehicle operators must assist passengers with boarding and alighting. Rules and Regs. ch. 4 § 6.2 (2018). Employees shall not solicit passengers or ask another person to solicit on their behalf. Rules and Regs. ch. 4 § 3.9 (2018). Operators shall provide good, prompt, clean, courteous, and efficient service. Operators shall not discriminate. Rules and Regs. ch. 4 § 13 (2018). Providers shall not refuse to transport any orderly passenger. Rules and Regs. ch. 13.13.(g) (2018). Employees shall not solicit service or to engage airport employees to solicit service. Rules and Regs. ch. 4 § 13.9 (2018). Fees Per trip facilities use fees depend on vehicle capacity. The fee is $3 per trip for 1-7 passenger vehicles, $5 per trip for 8-14 passenger vehicles, and $12 per trip for 15 or more passengers. Rules and Regs. ch. 4 § 10.2 (2018). Vehicle Requirements Shuttle vehicles shall be of Category B size (8-14 passengers) or larger. Rules and Regs. ch. 4 § 6.5, 10.2 (2018). Operators shall display appropriate identification on vehicles. Except for TNC vehicles, a permanent sign identifying operator name shall be affixed to vehicles. TNC vehicles may display temporary signage identifying the TNC operator. Rules and Regs. ch. 4 § 13.7, 16 (2018).

52 ACRP LRD 39 Missouri Statewide Chapter 10, Title 7 (Missouri Department of Transportation), of the 2019 Missouri Code of State Regulations governs motor carrier op- erations. Case History Brook’s Transport Company was denied a license to operate taxicabs at the St. Louis International Airport. At the time, St. Louis County code governed the issuance of licenses and the St. Louis County Council reviewed the license application and conducted a public hearing. The council considered the following factors, among others: (1) Was there demand for additional taxicabs; (2) Will the propose service cause a significant increase in traffic and parking congestion? (3) Will vehicle and pedestrian safety be preserved with the additional ve- hicle traffic? The Council found that the existing number of licenses were sufficient to serve the airport demand and decided to deny all new taxicab license applications. The Council found that other types of ground transportation, such as shuttles and light rail, had reduced the demand for taxis. There was also insufficient space at the airport to accommodate additional taxicabs. Even though this case centered on claims of discrimination, it recounted the relevant regulatory issues dealing with airport taxicab licensing. Gebru v. St. Louis County, 136 S.W.3d 89 (Mo. App., 2004). Missouri—St. Louis Lambert International Airport (STL) Overview STL is owned and operated by the City of St. Louis. STL is classified as a primary medium hub under the NPIAS. It is ranked 32nd accord- ing to 2017 enplanements, which reached a total of 7,194,745. STL serves the St. Louis metropolitan region and surrounding areas. Ac- cording to the U.S. Census, St. Louis has a population of 318,069. The Missouri Department of Transportation regulates large commercial passenger vehicles. Local regulations are promulgated by St. Louis City and the Metropolitan Taxi Commission (MTC). Local The St. Louis Lambert International Airport Ground Transportation Rules and Regulations are authorized by the City of St. Louis ordi- nance number 69382. Cited as: STL Rules and Regs. § x.x (2013).

ACRP LRD 39 53 Operating Rules Only ground transportation operators with permits may use designated areas, and only designated areas may be used for loading vehicles. STL Rules and Regs. § 3-4, -5 (2013). Only one shuttle may operate at a designated area at a time. STL Rules and Regs. § 3-7 (2013). Ground transportation drivers shall openly display an Airport issued identification card at all times. STL Rules and Regs. § 3-12 (2013). Ground transportation vehicles are limited by size and weight. Non-charter buses are limited to 25-feet in length, 10-feet in height, and a maximum gross weight of 22,000 pounds. STL Rules and Regs. § 4-3, -5 (2013). All vehicles must be properly marked and identified with the operator’s name on vehicle sides. STL Rules and Regs. § 4-7 (2013). Passengers should only be dropped-off in the upper-level, angled spaces. Vehicles that are too large to use angled spaces shall use drop-off islands. Charter buses and shuttles shall use the pickup/drop-off areas. Passengers shall not be picked-up while double parked. STL Rules and Regs. § 5-3, -4 (2013). Taxicabs shall line up in the “ready line” to enter the staging area and await notification to enter taxicab stands. STL Rules and Regs. § 6-1 (2013). Reserved taxicabs involve prearranged service only and cannot pick up passengers without advanced reservations. Reserved taxicabs must login with the airport taxi starter or airport police in person or by telephone. STL Rules and Regs. § 6-2 (2013). Authorization Ground transportation operators must have at all times valid operating permit, license, and certificate from all applicable jurisdictions, including federal, state, and local. Airport permits must be displayed while operating in STL. STL Rules and Regs. § 3-2, -3 (2013). Safety Ground transportation vehicles must be maintained in a safe operating condition and be clean and neat in appearance. STL Rules and Regs. § 4-8 (2013). Employee Conduct Operators, employees, and contractors must conduct themselves professionally and be courteous. They must openly wear a name tag identifying his/her name and the company. The same dress code as specified by the Metropolitan Taxi Commission applies. STL Rules and Regs. § 7-1 to -7 (2013). Ground transportation operators, employees, and contractors may not solicit business unless explicitly authorized by the concession agreement. STL Rules and Regs. §§ 3-1, 7-7 (2013). Ground transportation operators, employees, and contractors authorized to meet passengers shall use a professional sign, including electronic, no smaller than 6” x 9” and no larger than 8-1/2” x 11”. The sign shall display the operator name and the passenger name. STL Rules and Regs. § 7-11 (2013). Fees Airport fees and charges are as follows: $35 per bus per entry for charter buses, the greater of $200 per month or 9% of the adjusted gross receipts for rental car operators, $246 per month per taxicab plus $3 per trip for taxicabs, $3 per trip for reserved taxicabs, and the greater of $225 per month or $45 per vehicle for all other operators. STL Rules and Regs. § 8-2 (2013). Charter bus operators shall submit monthly activity reports capturing the number of trips. Off-airport rental car operators shall submit a monthly statement of gross receipts. The Airport Director reserves the right to conduct audits. STL Rules and Regs. § 8-5 to -6 (2013). Compliance The Airport Director may suspend or revoke permits for failure to pay fees; comply with rules, regulations, and laws; and comply with terms and provisions of the permit. STL Rules and Regs. § 9-2 (2013). Denials, suspensions, and revocations may be appealed upon a written request. STL Rules and Regs. § 9-4 (2013).

54 ACRP LRD 39 St. Louis City Code The St. Louis City Code regulates taxicabs and service cars, including courtesy vehicles. Cited as: City Code § x.xx.xxx (2018). Authorization Service cars are vehicles for-hire operating on fixed routes with charges based on the designated routes. Service car operation requires the issuance of a certificate of convenience and necessity. City Code § 8.98.545(C), 8.98.555 (2018). Taxicab operation requires the issuance of a certificate of convenience and necessity. This certificate is nontransferable. City Code §§ 8.98.005 to 9.98.023, 9.98.041 (2018). Taxicab drivers are required to be registered and licensed. City Code § 8.98.095, 8.98.227, 8.98.347 (2018). A taxicab or service car operator shall pay an annual license tax of $30 per taxicab or service car. City Code § 8.98.035, 8.98.575 (2018). Hotel and motel courtesy transportation vehicles shall be licensed. City Code § 8.98.690 (2018). Hostelries shall pay an annual license fee of $100 per courtesy vehicle. City Code § 8.98.705 (2018). Driver and Vehicles Taxicabs shall be in a thoroughly safe condition, clean, fit, and of good appearance. Drivers shall present a neat and orderly appearance. Drivers shall not be boisterous, vociferous, belligerent, or otherwise offensive. City Code § 8.98.101, 8.98.431 (2018). Taximeters shall be the sole means of determining fares for taxicabs, except for fixed amount shared rides. City Code § 8.98.107 (2018). Taxicabs shall possess distinctive colors for each company. City Code § 8.98.107 (2018). Taxicab operators shall keep a complete and accurate record of taxicab days and times of operations. City Code § 8.98.143 (2018). The driver of a taxicab or service car shall possess at all times an authorization card displaying information such as the driver name, company, and period of effectiveness. City Code § 8.98.323 (2018). Insurance Taxicab operators shall have a liability policy of $25,000 for bodily injury or death per person per accident and $10,000 for property damage per accident. Service car operators shall have a liability policy of $5,000 for bodily injury or death per person per accident and $2,000 for property damage per accident. The amount can be increased by the State Safety Responsibility Law as passed by the Missouri General Assembly. City Code § 8.98.172, 8.98.186, 8.98.635 (2018). Taxicab and service car liability insurance shall include an endorsement that obligates the operator to pay all final judgment for personal injury caused by a licensed taxicab. City Code § 8.98.173, 8.98.635 (2018). Compliance Taxicab driving licenses can be suspended or revoked after a public hearing for causes such as misrepresentation, fraud, and violations of state or local laws. City Code § 8.98.485 (2018). Metropolitan Taxicab Commission (MTC) Vehicle for Hire Code Cited as: Vehicle for Hire Code § xxx (2010). Authorization An airport taxicab permit is required to operate at STL, and drivers shall obtain a MTC driver’s license. Vehicle for Hire Code §§ 301, 401 (2010). Operators are required to pay an annual fee and have proof of insurance. Vehicle for Hire Code §§ 302, 305 (2010).

ACRP LRD 39 55 Driver and Vehicles Vehicles shall be clean and well-maintained in appearance inside and out. Drivers shall present a neat and orderly appearance, and shall be clean in dress and appearance. Drivers shall not use portable devices while in the presence of passengers, except to summon for assistance. Vehicle for Hire Code §§ 503, 504 (2010). Airport taxicabs shall be no older than 10-years. Vehicle for Hire Code § 602 (2010). Enforcement Violation of rules could result in suspension or revocation. A point and penalty system is established that is cumulative over a 24-month period. A citation can be appealed to MTC’s office of general counsel, an independent hearing officer, and then to the Circuit Court of the City of St. Louis. Vehicle for Hire Code §§ 1001, 1201 to 1212 (2010). Accessibility A special certificate of convenience and necessity is issued for handicap accessible vehicle. Vehicle for Hire Code § 1301 (2010). Missouri—Kansas City International Airport (MCI) Overview MCI is owned and operated by the Kansas City Aviation Department, an enterprise fund department of the City of Kansas City. MCI is classified as a primary medium hub under the NPIAS. It is ranked 40th according to 2017 enplanements, which reached a total of 5,628,581. MCI serves the metropolitan area of Kansas City, MO, and the surrounding region. According to the U.S. Census, Kansas City, MO, has a population of 488,943. Even though MCI is physically located on the Missouri side of Kansas City, the metropolitan area is nearly equally divided between the states of Kansas and Missouri. Local Kansas City, Missouri, Code of General Ordinances Cited as: Municipal Code § x-x (2019). Authorization Taxicab operators shall have a valid vehicle permit and be properly displayed. Municipal Code § 76-70 (2019). The total number of vehicle permits is 500 and no person may control more than 60% of the number of permits. Municipal Code § 76-73 (2019). New taxicab operators must operate at least 10 vehicles. Municipal Code § 76-73 (2019). Driver certificate applicants shall undergo a criminal background investigation. Municipal Code § 76-47(c), -104 (2019). Drivers shall possess the required driver’s license either in Kansas or in Missouri. Drivers shall have the driver’s certificate on their person at all times and present it upon request. Municipal Code § 76-103, -109 (2019). Taxicab drivers shall a valid taxicab identification card. Municipal Code § 76-116 (2019). Insurance Requirements A ground transportation permit holder shall maintain a minimum liability insurance limit of $50,000 for death or injury to one person, $100,000 for death or injury from a single accident, and $25,000 for property damage. Municipal Code § 76-162 (2019). Fees Off-airport shuttle operators pay a fee that is a percentage of the gross receipts. Off-airport hotel/motel shuttle operators pay a monthly fee based on the number of rooms furnished. Taxicab, livery, limousine, bus, minibus, and van pay a per trip fee. Municipal Code § 6-47 (2019).

56 ACRP LRD 39 Vehicle Requirements Taxicab and livery vehicles shall be maintained in a clean and serviceable condition and be substantially free from damage. Municipal Code § 76-40, -213 (2019). Taxicabs shall display on the outside of each side, the company name, fleet number, and telephone number. Municipal Code § 76-210 (2019). Taxicabs shall not be more than eight-years old. Municipal Code § 76-212 (2019). Employee Conduct Commercial ground transportation drivers shall not solicit passengers on the airport or solicit business for hotels. Municipal Code § 6-48, -203 (2019). Drivers shall be able to read, write, and speak in English. Drivers shall be courteous, and maintain a neat and clean dress and person. Municipal Code § 76-103, -203 (2019). Drivers shall not refuse to accept an orderly passenger without cause. Municipal Code § 76-191, -205 (2019). Drivers shall not sleep in the vehicle or play loud music while occupying a taxi stand. Drivers shall not allow a nonpaying passenger to ride in their vehicle. Municipal Code § 76-203 (2019). Drivers shall not threaten abuse, insult, provoke, interfere with, impede, or obstruct other drivers, passengers, or others associated with vehicles for-hire. Municipal Code § 76-209 (2019). Operating Rules Except for livery and limousines, ground transportation vehicle shall not be left unattended near a curb. Livery and limousines may park at the curb for a reasonable time, no longer than 20-minutes, necessary to locate and assist prearranged passengers. Municipal Code § 6-48 (2019). Transportation between MCI and the consolidated rental car facility must be through the consolidated bus service. Municipal Code § 6-48 (2019). Taxicabs must offer citywide service 24-hours per day, 7-days a week. Municipal Code § 76-191 (2019). Shared riding is permitted when consented by the originating passenger. Municipal Code § 76-194 (2019). Compliance Violations of the vehicles for-hire code may be fined. A driver’s certificate may be suspended or revoked for violations of the municipal code. Municipal Code § 76-45, -114, -141 (2019). Additional documents, such as the Kansas City International Airport Limousine/Common Carrier Operating Procedures, summarize the requirements of the municipal code for specific types of carriers. Montana Statewide In the 2017 Montana Code, Title 61 governs motor vehicles and Title 69 governs public utilities and carriers. Case History Grouse Mountain Lodge (Grouse Mountain) operated four passenger vans to transport its guests between the lodge and the ski resort, downtown Whitefish, rail station, and Glacier International Airport. The Montana Public Service Commission (PSC) sought to declare Grouse Mountain as a motor carrier, thereby subjecting Grouse Mountain to PSC regulations. The court ruled that Grouse Mountain was not a motor carrier but, instead, provided accommodative transportation. The court pointed to several facts. Transportation was only incidental to the principal hotel business. Grouse Mountain did not advertise or offer transportation services to the general public, and the transportation was free to its guests. The court also explained that accommodative transportation was not a for-hire service, even though the persons transported may share in the cost of transportation. Grouse Mountain was therefore not subject to PSC regulations because it was not a motor carrier and the transportation provided was merely incidental to the lodging business. Grouse Mountain Associates, Ltd. v. Montana Dept. of Public Service Regulation, 943 P.2d 971, (Mont., 1997).

ACRP LRD 39 57 Montana—Billings Logan International Airport (BIL) Overview BIL is owned and operated by the City of Billings. BIL is classified as a primary nonhub under the NPIAS. It is ranked 134th according to 2017 enplanements, which reached a total of 415,093. BIL is located in Billings, MT, and serves the Yellowstone area and surrounding region. According to the U.S. Census, Billings has a population of 109,642. The code of the City of Billings, Article 5, § 5-203 (2019), au- thorizes the city administrator to promulgate rules and regulations governing the operation and control of BIL. Local Billings Logan International Airport Rules and Regulations Aviation and Transit Department, City of Billings Cited as: Rules and Regs. § x.x (1999). Authorization All commercial activities at BIL must be approved by the City. Such activities are restricted to the one specifically described in the permit, agreement, or lease. Rules and Regs. §§ II.4, IX.1 (1999). Only vehicles that are registered in accordance with the laws of the State of Montana are authorized to operate at BIL. Rules and Regs. § II.VII.1 (1999). All vehicle and traffic ordinances of the City of Billings and the Department of Aviation and Transit shall apply to the operation of vehicles at BIL. Rules and Regs. § VII.3 (1999). Insurance BIL lessees, tenants, contractors, and service providers shall have a valid certificate of insurance. Rules and Regs. § II.5 (1999). The Director of Aviation and Transit shall establish minimum liability insurance limits for tenant business vehicles. Rules and Regs. § VII.15 (1999). Fees Taxicabs, buses, and other public service vehicles shall pay tolls or charges established by the Director of Aviation and Transit. Rules and Regs. § VII.9 (1999). Employee Conduct No person shall solicit for business in any areas in BIL except those authorized by the City. Drivers of taxicabs or buses shall not solicit business at terminal waiting, entrance, and passage areas. Rules and Regs. § II.10, VII.10 (1999). Operating Rules The Director of Aviation and Transit may establish taxicab, rental car, bus, and hotel-motel courtesy vehicle parking locations. Rules and Regs. §§ II.10, VII.13 (1999). Nebraska Statewide Chapter 60 of the 2018 Nebraska Revised Statutes governs motor vehicles. Case History A-1 Ambassador Limousine challenged the definition of the terms “limousine” and “limousine service” by the Nebraska Public Service Commission (PSC). PSC had issued the definition due to changes in the ground transportation industry. These changes include limou- sine providers using a variety of vehicles including regular sedans and vans, and passengers no longer equating limousines with luxury transportation. The new definition of “limousine” encompasses the characteristics of luxury transportation, prearranged trips, premium fare, seating of between 5 and 14, and partition between driver and passengers. The definition excludes airport/hotel buses or shuttles, taxicabs, sport utility vehicles, vans, and buses. The court held that the new definitions were reasonable and not arbitrary. In crafting this new definition, PSC had to balance the competing interests of protecting public interest and fostering competition. The striking of such a balance is a matter of legislative and administrative prerogative entrusted to the PSC. In Re Proposed Amend. to Title 291, ch. 3, 646 N.W.2d 650 (Neb., 2002).

58 ACRP LRD 39 Overview OMA is owned and operated by the Omaha Airport Authority of the City of Omaha. OMA is classified as a primary medium hub under the NPIAS. It is ranked 61st according to the 2017 enplanements, which reached a total of 2,243,658. OMA serves the Omaha metropoli- tan area and the surrounding region. According to the U.S. Census, Omaha has a population of 466,893. Local Omaha, Nebraska, Code of Ordinances Cited as: Municipal Code § x.xx (2019). Authorization A permit is required for operating a taxicab. Municipal Code § 38-41 (2019). Vehicle Requirements Taxicabs shall be equipped with a taximeter in good working order. Municipal Code § 38-24 (2019). Compliance An aggrieved party may appeal a permit denial, modification, suspension, or revocation to the administrative appeals board. Municipal Code § 38-23 (2019). Taxicabs shall display the driver’s permit with a frame or case and the schedule of rates of fare. Municipal Code § 38-26 (2019). Nevada Statewide Chapter 706 under Title 58 (Energy; Public Utilities and Similar Entities) of the 2017 Nevada Revised Statutes governs motor carriers. Case History Gray Line Tours (Gray Line), a bus transportation company, claimed that its competitor, Las Vegas-Tonopah-Reno Stage Lines (LTR) had tortuously interfered with its business relationship with USA Hosts, a company that placed tourists and passengers. The bus companies provide bus and sightseeing transportation, including airport charters. LTR had induced USA Hosts to switch from Gray Line to LTR by offering a commission that was greater than the 10% allowed by the Nevada Public Service Commission (PSC). The PSC ordered LTR to cease and desist and collected the excess payments made to USA Hosts. The Nevada Supreme Court affirmed the lower court ruling that LTR knew that its illegal actions were substantially certain to interfere with Gray Line’s contract with USA Hosts. Las Vegas-Tonopah-Reno Stage Line, Inc. v. Gray Line Tours of Southern Nevada, 792 P.2d 386 (Nev., 1990). Nevada—McCarran International Airport (LAS) Overview LAS is owned and operated by Clark County, Nevada. LAS is classified as a primary large hub under the NPIAS. It is ranked 8th according to 2017 enplanements, which reached a total of 23,364,393. LAS serves the metropolitan area of Las Vegas and the surrounding regions. According to the U.S. Census, Las Vegas has a population of 641,676. Local Clark County, Nevada, Code of Ordinances Cited as: County Code § xx.xx.xxx (2019).

ACRP LRD 39 59 Authorization All ground transportation operators shall affix to each vehicle a decal, transponder, or another device required by LAS. All operators shall enroll in the AVI program. County Code § 20.09.010(a), (d) (2019). Off-airport rental car operators shall utilize an AVI and obtain and AVI operating permit. County Code § 20.09.010(c) (2019). TNC operators, including each individual driver, shall comply with all federal law and regulations, Nevada laws, County ordinances, and any other applicable laws and regulations. County Code § 20.09.060(a) (2019). TNC drivers shall maintain a valid Clark County business license and have a unique TNC driver identifier. County Code § 20.09.060(a) (2019). Fees Ground transportation providers shall pay fees according to the applicable vehicle category. The per trip fee is up to $2 for 0- to 45-minutes for eight or less passengers, up to $4 for 0- to 45-minutes for 9-15 passengers, up to $6 for 0- to 60-minutes for 16-30 passengers, and up to $20 for 0- to 60-minutes for 30+ passengers. For off-airport rental car shuttles, the per trip charges are up to $8 for up to eight passengers, up to $13 for 9-15 passengers, and up to $18 for 16-30 passengers. On-airport rental car operators pay fees according to the lease agreement. Taxicabs shall pay up to $2 per trip. Regional operators are not charged additional trip fees if they return within 2-hours. County Code § 20.09.010(c) (2019). Operating Rules Ground transportation operators shall not discriminate based on race, color, or national origin. County Code § 20.09.030 (2019). Ground transportation areas are designated by the director of aviation. County Code § 20.09.010(a) (2019). Compliance Violations are considered a misdemeanor and shall be punished by a fine of not more than $500 and/or imprisonment of not more than six-months. County Code § 20.09.040 (2019). New Hampshire Statewide Title 21 of the 2018 New Hampshire Statutes governs motor vehicles. Case History Drivers for the Amoskeag Airport Service (AAS) appeal the charges of operating a taxicab without a license from the City of Manchester. The drivers claimed that the local city ordinance requiring taxicab licenses were preempted by federal law. Specifically, the drivers claimed that the Federal Motor Carrier Safety Administration (FMCSA) common carrier license was sufficient to authorize their operations. The court ruled against the drivers in sustaining the violation of unlicensed taxicabs. The federal statutory scheme on interstate transportation sought to coordinate transportation nationwide. However, Congress had intended for the federal government to cooperate with the States and to encourage States to exercise intrastate regulatory jurisdiction. Moreover, Congress had explicitly excluded federal jurisdiction over taxicab service in the statutory language. The FMCSA license authorized interstate transportation but not purely intrastate transportation that are unrelated to interstate services. State v. Bickford, 117 A.3d 686 (N.H., 2015). Overview MHT is owned and operated by the City of Manchester. MHT is classified as a primary small hub under the NPIAS. It is ranked 92nd ac- cording to the 2017 enplanements, which reached a total of 969,229. MHT serves the metropolitan area of Manchester and the surrounding region. According to the U.S. Census, Manchester has a population of 111,196. Commercial ground transportation is regulated through the Rules and Regulations for Manchester-Boston Regional Airport, Manchester code of ordinances, and New Hampshire statutes.

60 ACRP LRD 39 Local Rules and Regulations Governing Commercial Ground Transportation Services a Manchester-Boston Regional Airport Cited as: Rules and Regs. § x.xx (2018). Authorization Commercial ground transportation providers shall operate at MHT with an access permit or a written agreement permitting operations. The access permit or agreement decal shall be clearly displayed. Rules and Regs. §§ 4.01, 4.02, 5.03 (2018). Commercial ground transportation vehicles shall comply with all laws and ordinances, including the laws and regulations of the Federal Highway Administration, State of New Hampshire, and New Hampshire Department of Transportation. Rules and Regs. § 4.05 (2018). A taxi service driver’s license is required to operate a taxi at MHT. The license identification card shall be conspicuously displayed on the top of the passenger side of the dashboard. Rules and Regs. § 5.06 (2018). Bus service shall be properly licensed by the New Hampshire Motor Vehicles Department and be permitted by MHT. Rules and Regs. § 6.04 (2018). Insurance Requirements Commercial ground transportation operators shall maintain comprehensive automobile liability insurance with a minimum of $500,000 combined single limit bodily injury and property damage for each occurrence. Rules and Regs. § 10.04 (2018). Operating Rules Commercial vehicles shall load/unload passengers only at designated areas. Rules and Regs. § 5.02 (2018). A valid AVI tag allows access to the commercial vehicle staging area separated by a mechanical gate. Rules and Regs. § 5.02 (2018). Commercial vehicles shall not be left unattended. Rules and Regs. § 5.02 (2018). Upon entering the airport, taxicabs shall proceed directly to the proper staging area. Rules and Regs. § 5.04 (2018). Drivers shall not refuse a passenger unless the passenger is not prepared to leave, is drunk or disorderly, or causes a driver to fear for personal safety. Rules and Regs. § 5.04 (2018). Employee Conduct Commercial ground transportation employees shall not solicit business at the airport. Rules and Regs. §§ 4.03, 5.06.j (2018). Employees shall maintain a friendly and cooperative relationship with competitors and not engage in open and public disagreements. Drivers shall conduct themselves in an orderly and proper manner. Rules and Regs. § 5.01 (2018). Drivers shall maintain proper appearance and personal hygiene. Drivers’ clothing shall be neat, clean, and free from holes. Rules and Regs. § 5.01 (2018). Drivers shall not clean or make mechanical repairs while on airport premises. Rules and Regs. § 5.02 (2018). Vehicle Requirements Drivers shall control offensive interior vehicle odors. Rules and Regs. § 5.01 (2018). Commercial vehicles shall be maintained clean, in first class running condition, free from rusts, dents, torn upholstery, and unpleasant odors. Rules and Regs. § 5.03 (2018). Compliance A taxicab license may be suspended or revoked due to violations of Rules and Regulations. Rules and Regs. § 5.06 (2018).

ACRP LRD 39 61 New Jersey Statewide Regulation Title 39 of the 2019 New Jersey Statutes governs motor vehicles and traffic regulations. Case History Taxicab and limousine operators claimed an agreement between the City of Newark and Uber violated the Takings and Equal Protec- tion Clauses. Uber and Newark entered into an agreement in which Uber paid Newark $1 million per year and Uber would provide $1.5 million in liability insurance per driver and conduct driver background checks among other provisions. There were no takings because mere diminution in value of the medallions was insufficient to demonstrate a taking. Furthermore, the city controlled the number of me- dallions, and had the ability to increase the total number issued. On Equal Protection, there were significant differences between taxicab regulations and TNC regulations. For example, taxicab supply was limited by the number of medallions issued, vehicles must be serviced and inspected every six months and equipped with taximeters, and operation at EWR was prohibited until one-year after the taxi license issuance. However, the principles of equal protection were satisfied because there were rational reasons for regulating the two types of transportation services differently. The most significant difference was that TNC customers can only prearrange a ride and not street hail, and TNCs have a preexisting contractual relationship with passengers. Even though the agreement put the operators in a difficult financial situation, the situation could not be remedied via constitutional claims. Newark Cab Ass’n v. City of Newark, 901 F.3d 146 (3rd Cir., 2018). Overview EWR is owned by the City of Newark and the City of Elizabeth and operated by the Port Authority of New York and New Jersey. EWR is classified as a primary large hub under the NPIAS. It is ranked 11th according to 2017 enplanements, which reached a total of 21,571,198. EWR serves the metropolitan area of Newark and the surrounding areas, including New York City air traffic. According to the U.S. Census, Newark has a population of 285,154. Local The Port Authority of New York and New Jersey Airport Rules and Regulations Cited as: Rules and Regs. § x.x (2009). Authorization Ground transportation operating on fixed schedules is allowed when operating pursuant to permission granted by a government regulatory agency with appropriate jurisdiction. Rules and Regs. § V.F (2009). Regardless of pre-arrangement, courtesy vehicles may transport passengers to the place of business, such as lodging, vehicle rental, or vehicle parking. Rules and Regs. § V.G (2009). Operating Rules The loading and unloading of passengers shall occur only in designated areas. Rules and Regs. § V.C (2009). Employee Conduct No person shall solicit ground transportation business within an air terminal. Rules and Regs. § V.B (2009). Newark, New Jersey, Municipal Code Cited as: Municipal Code § x.x (2019).

62 ACRP LRD 39 Authorization Taxicabs shall be licensed. The number of licenses is limited to 600. A maximum of 200 restrictive endorsement shall be issued to existing licenses to operate at EWR. Taxicab licenses shall not be transferred without the consent of the Office of Taxicabs. Municipal Code § 34:1-3, -5, -7 (2019). Taxicab drivers shall obtain a taxicab driver’s license. Municipal Code § 34:1-8 (2019). Taxicab starters shall obtain a starter license. Municipal Code § 34:1-16 (2019). An autocab is a vehicle of not more than nine passengers and excludes taxicabs and buses that is chartered upon a fare agreed to in advance. An autocab provider shall be licensed. Municipal Code § 34:2-1 to -2 (2019). Insurance Requirements Taxicabs shall comply with the insurance requirements of N.J. Stat. Ann. 48:16-1 to 48:16-12. The insurance sticker shall be displayed in the right rear window. Municipal Code § 34:1-2 (2019). Vehicle Requirements Taxicabs shall have outside of each rear door painted with the name of the owner or association. Municipal Code § 34:1-21 (2019). Taxicabs shall have a partition to separate the driver from the passenger. Municipal Code § 34:1-22 (2019). Employee Requirement Taxicab drivers shall not solicit passengers unless in the driver’s seat or standing immediately adjacent to the curb. Drivers shall not use any indecent, profane, or insulting language. Municipal Code § 34:1-31, -38 (2019). Drivers shall be a New Jersey resident for at least 1-year and be able to read, write and speak English. Municipal Code § 34:1-10 (2019). Compliance The police are authorized to enforce taxicab compliance with the municipal code. Municipal Code § 34:1-51 (2019). State Transportation Network Company Safety and Regulatory Act (“TNC Act”), Assemb. 3695, 217th Leg. (2016) Cited as: TNC Act § (2016). A TNC operator shall obtain a permit from the New Jersey Motor Vehicle Commission. A provider shall obtain, among other items, proof of insurance, business registration in New Jersey, nondiscrimination policy, and annual permit fee of $25,000. TNC Act § 4. Primary li- ability insurance limits differ between two conditions: logged on but not providing a ride and while providing a prearranged ride. The former requires $50,000 for death or injury per person, $100,000 for death or injury per incident, and $25,000 for property damage. The latter requires at least $1,500,000 of total liability. TNC Act § 10. A TNC provider shall enter into a memorandum of understanding with the Department of Transportation to collect prearranged trip data within the boundaries of the State, and such data shall be deemed confidential and not considered a government record. TNC Act § 6. TNC drivers are not required to register a vehicle as a commercial or for-hire vehicle. TNC Act § 3. For a prearranged ride, a TNC operator shall provide a passenger with a picture of the TNC driver and the license plate number of the driver’s vehicle. TNC Act § 8. Within 48-hours of a ride, the TNC operator shall provide to the passenger a receipt with the origin/destination, total time and distance, and itemization of total fare paid. TNC Act § 9. An insurer may exclude all coverage from a private passenger automobile insurance policy if the vehicle was used by a TNC driver while logged on or providing a prearranged ride. TNC Act § 12. A TNC operator shall not restrict a driver’s ability to utilize another TNC digital network. TNC Act § 13. A TNC operator shall provide information to drivers on accessibility compliance and information to passengers on wheelchair accessible transportation services in New Jersey. TNC Act § 15. A TNC operator shall conduct criminal background and driving record checks, and a Social Security Number trace of a prospective driver. TNC Act §§ 17-19. TNC vehicles shall meet vehicle inspection requirements as specified in N. J. Stat. § 39:8-1. TNC Act § 22. TNC drivers shall not solicit or accept any rides other than a prearranged ride through the digital network. TNC Act § 24. A county or municipality shall not require a TNC operator or driver to obtain a license or permit to provide prearranged rides. The Act does not alter, supersede, or prohibit a financial access agreement between a TNC and EWR. TNC Act § 26.

ACRP LRD 39 63 New Mexico Statewide In the 2019 New Mexico Statutes, Chapter 65 governs motor carriers and Chapter 66 governs motor vehicles. Case History The City of Albuquerque contracted with a company to provide transportation to and from Albuquerque International Airport. The State Corporation Commission (Commission) claimed that it had the exclusive power to regulate common carriers and ordered the City to re- frain from proceeding with the contract. Taxicab companies intervened on behalf of the Commission in the litigation. The court examined the conflict between two New Mexico constitution provisions. N.M. Const. art. XI, § 7 granted the Commission exclusive power for regu- lating common carriers and determining matters of public convenience and necessity. N.M. Const., art. X, § 6 authorized municipalities to exercise all legislative powers not expressly forbidden by general law or charter. The court held that the City’s transportation contract was proprietary and not a governmental function and was within the City’s home rule authority. Section 6 was held to control because it was enacted later and was, thus, an implied modification of the earlier Section 7. Section 6 also includes language expressing that it should be construed liberally. City of Albuquerque v. New Mexico State Corp. Comm’n, 605 P.2d 227 (N.M., 1979). New Mexico—Albuquerque International Sunport (ABQ) Overview ABQ is owned and operated by the City of Albuquerque. ABQ is classified as a primary medium hub under the NPIAS. It is ranked 57th according to 2017 enplanements, which reached a total of 2,412,328. ABQ serves the metropolitan area of Albuquerque. According to the U.S. Census, Albuquerque has a population of 558,545. Local Operating Agreement for Commercial Ground Transportation Vehicles Cited as: Operating Agreement pt. x § x.x (2012). Authorization Commercial ground transportation operators shall have a valid permit or a separate contract with the City authorizing activities. A permit is only valid for the vehicle issued and is not transferable. Large fleet operators, i.e., greater than 20 vehicles, are allowed to transfer permit tags for vehicles of the same category. Operating Agreement pt. A §§ 1, 3.1 (2012). Vehicle Requirement Vehicles shall be in safe and good mechanical operating condition. Vehicles shall be clean and free from debris and litter. Vehicles shall have a professional appearance. Operating Agreement pt. A § 5.5, 5.8 (2012). Employee Conduct Drivers shall not leave vehicles unattended while in the commercial lane. Drivers shall remain in vehicles unless assisting passengers with loading/unloading. Operating Agreement pt. A § 5.12.6, 5.12.17 (2012). Drivers shall not engage in verbal disputes or use profanity. Operating Agreement pt. A § 5.12.13 (2012). Drivers shall accept all passengers except for those seeking illegitimate uses. Operating Agreement pt. A § 5.12.16 (2012). Drivers shall not solicit or entice any other person to solicit. Operating Agreement pt. A § 5.12.19 (2012). Insurance Requirements Operators shall maintain liability coverage limits of at least $1,000,000 single limit for death and bodily injury and property damage. The legislature may increase the maximum liability limits under the Tort Claims Act. A certificate of self-insurance does not satisfy the insurance requirement. Operating Agreement pt. C § 5.3, 5.4, 5.8 (2012). Compliance Violations of the operating agreement may result in permit suspension or revocation. Operating Agreement pt. A § 3.8, 3.9 (2012).

64 ACRP LRD 39 New York Statewide In the 2019 Consolidated Laws of New York, Article 7 governs carriers of passengers by motor vehicles. Case History DLC Limousine Service (DLC) provides commercial ground transportation with most trips originating from the Westchester County Airport taxi stand. DLC drivers sought overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., which requires employees to be paid one-and-a-half times the regular pay rate. The court held that DLC falls under the FLSA taxicab exemption and is not required to pay overtime. The court used three main factors for identifying taxicabs by reviewing a dictionary, statutory usage, and other legal sources such as the Department of Labor’s Field Operations Handbook. The factors are: (1) chauffeured passenger vehicle, (2) available for-hire by the general public, and (3) no fixed schedule, route, or termini. The fact the DLC has a few corporate contracts did not change DLCs overall character as a taxicab provider. Also, the fact that DLC cars lacked the “taxi” and “vacancy” signs did not go to the core of the taxicab business operation. Munoz-Gonzalez v. D.L.C. Limousine Serv., Inc., 904 F.3d 208 (2nd Cir., 2018). Overview JFK is owned by the City of New York and operated by the Port Authority of New York and New Jersey. JFK is classified as a primary large hub under the NPIAS. It is ranked sixth according to 2017 enplanements, which reached a total of 29,533,154. JFK serves the metropolitan area of New York City and the surrounding regions. According to the U.S. Census, New York City has a population of over 8.623nmillion. The statewide legislation on TNC does not apply to New York City. N.Y. Veh. & Traf. Law § 1692 (2019). Instead, New York City regulates TNCs as vehicles for-hire. Local The Port Authority of New York and New Jersey Airport Rules and Regulations Cited as: Rules and Regs. § x.x (2009). Authorization Ground transportation operating on fixed schedules is allowed when operating pursuant to permission granted by a government regulatory agency with appropriate jurisdiction. Rules and Regs. § V.F (2009). Regardless of prearrangement, courtesy vehicles may transport passengers to the place of business, such as lodging, vehicle rental, or vehicle parking. Rules and Regs. § V.G (2009). Operating Rules The loading and unloading of passengers shall occur only in designated areas. Rules and Regs. § V.C (2009). Hailed taxicabs without prearrangement, that are licensed by the NYC Taxi and Limousine Commission, are considered licensed with respect to Air Terminal locations within the City of New York. Rules and Regs. § V.D (2009). Employee Conduct No person shall solicit ground transportation business within an air terminal. Rules and Regs. § V.B (2009). Title 35 of the Rules of the City of New York concerns the New York City Taxi and Limousine Commission (“Commission”). Cited as: TLC Rules § xx-xx (2019).

ACRP LRD 39 65 Authorization The commission has jurisdiction over medallion taxicabs, for-hire vehicles (e.g., livery, black car, limousine, TNC), paratransit, and commuter van. TLC Rules §§ 51-03, 58-26 (2019). Taxicab operators shall be licensed by the Commission with a taxicab medallion as physical evidence. Medallion transfers must be approved by the Commission. TLC Rules § 58-04, -05, -12 (2019). Taxicab drivers shall be licensed or authorized as a for-hire driver by the Commission. All taxicabs shall be properly registered. TLC Rules § 58-02, -12 (2019). For-hire vehicles shall be licensed with the Commission. A licensed vehicle has license plates embossed by the legend “T & LC.” TLC Rules § 59A-04 (2019). For-hire vehicles shall display a certificate of registration, insurance card, and TLC driver’s license. TLC Rules § 59A-30 (2019). Insurance Requirements Taxicabs shall maintain insurance that fully complies with the New York State Vehicle and Traffic Law and the New York State Insurance Law. Minimum liability coverage shall be no less than $300,000 for bodily injury or death. TLC Rules § 58-13 (2019). For-hire vehicle owners must maintain proper insurance. Minimum liability coverage shall be no less than $300,000 for bodily injury or death. Vehicles with a seating capacity of 9-15 shall have a $1,500,000 limit, and a vehicle with a seating capacity of greater than 15 shall have a $5,000,000 limit. TLC Rules § 59A-12 (2019). Operating Rules The taxicab rate of fare is established by the Commission. Flat rates exist from JFK to certain destinations such as the $52 rate from Manhattan to JFK. TLC Rules § 58-26 (2019). Taxicab driving hours are limited to a maximum of 12- consecutive hours. TLC Rules § 58-20 (2019). Employee Conduct Taxicab and for-hire licensees shall not threaten, harass, or abuse any person. TLC Rules §§ 58-15, 59A-13 (2019). Vehicle Requirements Taxicabs shall meet safety standards and be inspected. A taxicab’s interior and exterior must be clean. Vehicles shall be properly marked as approved by the Commission. Vehicles shall be equipped with a roof light, taximeter, operable air conditioning, technology system, and partition unless exempt. TLC Rules § 58-30, -31, -34, -35, -37, -40, -41 (2019). For-hire vehicles shall be marked with three decals affixed by Commission staff. TLC Rules § 59A-29 (2019). Compliance For-hire vehicle licenses may be denied or revoked due to noncompliance with the Rules. TLC Rules § 59A-08 (2019). North Carolina Statewide Chapter 20 of the North Carolina General Statutes governs motor vehicles. Case History Universal Cab Company (Universal) alleged that Charlotte Douglas Airport’s (CLT) Aviation Director, the chair of Charlotte’s Community Safety Committee, and a member of the Charlotte Hospitality and Tourism Alliance, among others, had conspired to deny Universal a renewal of its taxi contract. Universal had provided taxi services at CLT for a long period of time but was not awarded a new taxi operating agreement after a request for proposals was issued by the City. The court held that Universal did not have standing as it failed to show that the claimed injury was due to defendants’ conduct. The decision to award taxi contracts was made by an eleven-member city council and not the defendants. Universal had failed to show any improper or illegal conduct, such as bribes or inducements. Universal Cab Co. v. City of Charlotte, 787 S.E.2d 464 (N.C. App., 2016).

66 ACRP LRD 39 North Carolina—Charlotte Douglas Airport (CLT) Overview CLT is owned by the City of Charlotte and operated by the Charlotte Aviation Department. CLT is classified as a primary large hub under the NPIAS. It is ranked tenth according to 2017 enplanements, which reached a total of 22,011,251. CLT serves the metropolitan area of Charlotte and the surrounding region. According to the U.S. Census, Charlotte has a population of 859,035. The main sources of airport ground transportation regulations are in Chapter 4, Article IV (Ground Transportation at Airport) and Chapter 22 (Vehicles for Hire/ Taxicabs) of the Code of Ordinances of the City of Charlotte. Local Cited as: Municipal Code § x-x (2019). Authorization Operators shall obey all applicable federal, state, and local statutes, ordinances, and regulations. Municipal Code § 4-1 (2019). A ground transportation permit is required to operate at airports except for taxicabs. For taxicabs, a for-hire company certificate, vehicle operating permit, and driver’s permit are required. Municipal Code § 4-106, ch. 22 §§ 22-125, 22-150 (2019). For-hire vehicles operating at CLT is required to follow the airport ground transportation regulations listed in Chapter 4 Article IV. Municipal Code § 22-166 (2019). Metered for-hire vehicles can provide single-party exclusive rides, group rides, or shared rides from one or more origins to one or more destinations. The initial passenger has to consent to a shared ride. Non-metered vehicles shall only service prearranged trips and not operate on-demand. Municipal Code § 22-151, -155 (2019). Vehicles and drivers shall display conspicuously at all times the driver’s permit, vehicle operating permit, and for-hire decal. Municipal Code § 22-152 (2019). Fees Airport fees are 10% of the gross receipts for off-airport rental car operators, a per entry fee for hotel/motel courtesy vans, contract vans, or limousines. Municipal Code § 4-107 (2019). Employee Conduct No person shall leave a vehicle unattended while in a designated loading/unloading zone. Municipal Code § 4-2 (2019). Operators shall not cruise at the airport to solicit for business. Municipal Code § 4-103 (2019). For-hire employees shall take the most direct route unless otherwise requested by a passenger. Drivers shall not refuse to transport any passengers or discriminate based on race, color, religion, sex, national origin, or disability. Municipal Code § 22-158(4)-(6) (2019). For-hire employees shall provide efficient service and be courteous at all times. Municipal Code § 22-158(12) (2019). Compliance The aviation director shall have the power to enforce ground transportation regulations and to impose penalties for violations. City administrative procedures are used to process violations. Municipal Code §§ 2-21, 4-109, -110 (2019). The passenger vehicle for-hire manager has the power to deny, suspend, and revoke certificates and permits due to violations of regulations. An aggrieved party may appeal the decision of the passenger vehicle for-hire manager to the passenger vehicle for-hire board. Municipal Code § 2-200, -234 (2019).

ACRP LRD 39 67 North Dakota Statewide Chapter 39 of the 2019 North Dakota Century Code governs motor vehicles. Case History Gordon’s Taxi challenged the issuance of a special certificate of public convenience and necessity to a competitor, 1000 Cab Company, by the South Dakota Public Service Commission (PSC). A taxicab company that wishes to serve outside the City of Williston is required to obtain a special certificate of public convenience and necessity from the PSC. The taxi companies provided service to Wright Airport among other destinations. The court affirmed PSC’s decision to grant the certificate. The court noted that mere duplication of service does not constrain the PSC to deny the issuance of a certificate to another taxi provider. The PSC was granted the statutory authority to supervise and regulate all motor carriers. The main consideration in the issuance of certificates is the adequacy of service that is or could be furnished by transportation facilities. This determination is primarily an administrative question. PSC_Ditsworth, Application of, 48 N.W.2d 22 (N.D., 1951). Overview FAR is owned and operated by the Municipal Airport Authority of the City of Fargo. FAR is classified as a primary nonhub under the NPIAS. It is ranked 135th according to the 2017 enplanements, which reached a total of 404,937. FAR serves the Fargo area and surround- ing region. According to the U.S. Census, Fargo has a population of 122,359. Article 25-05 of the Fargo, North Dakota, Code of Ordinances regulates vehicles for-hire. TNCs are mainly regulated at the state level. Local Fargo, North Dakota, Code of Ordinances Cited as: Municipal Code § x-x (2019). Authorization A dispatch operator must register with the City Auditor and obtain a dispatch license. Municipal Code § 25- 0403.A (2019). Dispatch operators shall maintain at all times a valid driver’s license, vehicle registration, insurance, and evidence of background check by the North Dakota Bureau of Criminal Investigation. Municipal Code § 25- 0404 (2019). TNC operators shall have a valid permit from the State of North Dakota. Municipal Code § 25-0410 (2019). Insurance Requirements A dispatch license requires documentation of minimum liability insurance of $250,000 for death or injury per person, $500,000 for death or injury per accident and $50,000 for property damage. Municipal Code § 25- 0403.B.3 (2019). Operating Rules Taxicab fares shall be uniform throughout the city and the schedules of fares shall be filed with the city auditor. Municipal Code § 25-0407 (2019). Vehicle Requirements Taxicabs shall carry no more than seven passengers, have three or more doors, and be affiliated with only one dispatch service. Municipal Code § 25-0408 (2019). Limousines shall only accept prearranged passengers and be affiliated with only one dispatch service. Municipal Code § 25-0409 (2019).

68 ACRP LRD 39 Ohio Statewide Chapter 45 of the 2017 Ohio Revised Code Annotated govern motor vehicles. Case History Childers Limousine Service (Childers) had entered into an agreement with the Lucas County Port Authority to provide ground trans- portation to the Toledo Express Airport. Childers was to pay an annual concession fee along with a fee based on a percentage of the gross revenue. The agreement granted Childers the exclusive right to solicit passengers at the airport but did not restrict the Port Authority’s right to allow other transportation providers, such as hotel courtesy shuttles, from transporting passengers. A few years later, the Toledo Area Regional Transit Authority (TARTA) established a bus route and started to transport passengers to the airport. Childers had stopped paying fees claiming that the Port Authority had breached the exclusive contract. The court ruled that the Port Authority did not breach the contract, and Childers owed the unpaid fees. The Port Authority did not have the power to deny TARTA, a public transportation pro- vider, airport access. And TARTA did not engage in solicitation, the act prohibited by the contract. Toledo Lucas Cty. Port Auth. v. Childers Limousine Serv., 2007 Ohio 5749 (Ohio App., 2007). Ohio—Cleveland Hopkins International Airport (CLE) Overview CLE is owned by the City of Cleveland and operated by the Cleveland Airport System. CLE is classified as a primary medium hub under the NPIAS. It is ranked 43rd according to 2017 enplanements, which reached a total of 4,446,555. CLE serves the Cleveland metropolitan region and the surrounding areas. According to the U.S. Census, Cleveland has a population of 385,525. Ground transportation at CLE is regulated by various City of Cleveland Department of Port Control rules and regulations, including Commercial Vehicle Rules, and Regulations; Courtesy Shuttle Transportation Rules, Regulations, and Policies; and Limousine and Shuttle Transportation Rules, Regulations, and Policies. Part 5, Title XI, Chapter 571 of the City of Cleveland Code of Ordinances also regulates vehicles for-hire. Local Commercial Vehicle Rules, and Regulations Cited as: Commercial Vehicle Rules and Regs. § x.x (2018). City of Cleveland Department of Port Control Cleveland Hopkins International Airport Courtesy Shuttle Transportation Rules, Regula- tions and Policies Cited as: Courtesy Shuttle Rules § x.x (2018) City of Cleveland Department of Port Control Cleveland Hopkins International Airport Limousine and Shuttle Transportation Rules, Regulations and Policies Cited as: Limousine Rules § x.x (2015) City of Cleveland Code of Ordinances Cited as: Municipal Code § xxx.xx (2019)

ACRP LRD 39 69 Authorization All vehicles for-hire carrying passengers servicing CLE require approval from the Airport Management, including TNCs. Municipal Code § 571.13, 571.131(a) (2019). A permit is required to operate fee-paying shuttles and limousine service at CLE. A hang tag shall be displayed from the rear view mirror at all times. Limousine Rules §§ A.1, B (2015). A permit is required to operate courtesy shuttles at CLE. A hang tag shall be displayed from the rearview mirror at all times. Courtesy Shuttle Rules §§ A.1, B (2015). TNC operators shall incorporate a geofence, self-monitor electronic border system into their mobile app. Municipal Code § 571.131(b) (2019). Commercial vehicle rules apply to any vehicle that uses CLE roadways for business or profit, including hotels and non-profit organizations. Commercial vehicles must be registered with the CLE Ground Transportation Office. Commercial Vehicle Rules and Regs. §§ 1.1-1.2, 4.0 (2018). Fees Commercial vehicle per trip fee is $4 for the first 100,000 trips in a year. Commercial Vehicle Rules and Regs. § 2.0 (2018). The annual fee-paying shuttle and limousine permit fee is $550. Limousine Rules § A.5 (2015). The annual courtesy shuttle permit fee is $550. Courtesy Shuttle Rules § A.5 (2018) Employee Conduct Drivers must be well groomed and dressed. Commercial Vehicle Rules and Regs. § 4.2 (2018). Operators shall not solicit for business. Commercial Vehicle Rules and Regs. § 7.2 (2018). Vehicle Requirements Commercial vehicles must be clean and in good mechanical condition and appearance. The operator name must be clearly displayed on the rear or passenger side of the vehicle. Vehicles must not have any signs of rust, or golfball-size or larger dents. Commercial Vehicle Rules and Regs. § 5.0-5.2 (2018). Operating Rules Shuttle loading/unloading must be conducted in the Ground Transportation Center. Each shuttle operator has a designated stall. Shuttle shall have a 12-minute dwell time limit. Commercial Vehicle Rules and Regs. § 6.0-6.2 (2018). Limousines, taxis, and TNCs load/unload at the designated area at the airport. Commercial Vehicle Rules and Regs. § 6.3-6.4 (2018). Shuttles and limousines shall not be left unattended. Limousine Rules § D.3 (2015) Compliance Failure to remit timely fee payment may result in a suspension or revocation. Commercial Vehicle Rules and Regs. § 3.5 (2018). Violations of the rules and regulations are considered a first-degree misdemeanor per Municipal Code § 571.99. Commercial Vehicle Rules and Regs. § 7 (2018). Oklahoma Statewide Title 47 of the 2018 Oklahoma Statutes governs motor vehicles. Case History Bentley Hedges Travel had provided airport transportation for two passengers utilizing a bus purchased used from the Arkansas Bus Exchange (Arkansas Bus). The bus was not equipped with seatbelts. The bus was involved in a severe collision on the way to the airport where one passenger later died and the other was injured. Representatives of the passengers sued Bentley Hedges Travel for negligence and Arkansas Bus for strict product liability. They claimed that the product was defective and unreasonably dangerous because the bus was not

70 ACRP LRD 39 equipped with seatbelts, handholds, and secured luggage compartments. The court followed the majority of jurisdictions that held that strict liability does not extend to commercial used product sellers if the alleged defect was not created by the seller and the product was sold in the same condition as when it was acquired for resale. Here, Arkansas Bus had not modified the bus other than to perform regular maintenance such as changing the oil and replacing tires. The court also did not reach a determination on the previously unaddressed question of whether, under such circumstances, such a bus is determined to be defective. Allenberg v. Bentley Hedges Travel, 22 P.3d 223 (Okla., 2001). Oklahoma—Will Rogers World Airport (OKC) Overview OKC is owned by the Oklahoma City Airport Trust and operated by the Oklahoma City Department of Airports. OKC is classified as a primary small hub under the NPIAS. It is ranked 66th according to 2017 enplanements, which reached a total of 1,894,289. OKC serves the metropolitan area of Oklahoma City and the surrounding region. According to the U.S. Census, Oklahoma City has a population of 643,648. Local Operational Procedures for All Vehicles for Hire at Will Rogers World Airport Cited as: Vehicles for Hire Procs. § x (2015). Operational Procedures for All Courtesy Vehicles at Will Rogers World Airport Cited as: Courtesy Vehicle Procs. § x (2015). Authorization Operators of vehicles for-hire must have a Ground Service Agreement (GSA) with the Oklahoma City Airport Trust, including taxicabs, public vans/airport shuttles, and courtesy vehicles. A separate GSA is required for each company and type of service. Vehicles for Hire Procs. § 1 (2015), Courtesy Vehicle Procs. § 1 (2015). Taxicabs, public vans, and airport shuttles shall have a decal properly displayed on the bottom of the front windshield on the passenger side, and drivers shall have an Airport Driver’s Permit. Decals are nontransferable. Drivers shall either wear their Permit around their neck or display it in plain view of passengers. Vehicles for Hire Procs. §§ 1 to 3 (2015). Operating Rules Only authorized taxicabs and public vans/airport shuttles may park on the Ready Line in the Ground Transportation Plaza. Limousines and executive cars may park temporarily in the hourly parking lot. Vehicles for Hire Procs. § 8 (2015). No vehicles shall be left unattended in the arrival or departure areas at the terminal or in the Ground Transportation Plaza. Vehicles for Hire Procs. § 8 (2015). Taxicabs and public vans/airport shuttles shall wait in the staging area upon arrival or after unloading a passenger. Limousines and executive cars are not allowed in the staging area. Vehicles for Hire Procs. § 8.A (2015). Taxicabs and public vans/airport shuttles shall proceed though the staging area on a first-in-first-out basis. After exiting the staging area, taxicabs and public vans/airport shuttles shall load passengers at the Ready Line loading area by joining the loading queue. Vehicles for Hire Procs. §§ 8.A, 9.E, 10 (2015). Employee Requirements Drivers shall be well groomed and professionally dressed, maintaining proper personal hygiene that is free from offensive odors. All employees shall conduct themselves in an orderly, cooperative, and professional manner. Vehicles for Hire Procs. §§ 6, 9E (2015).

ACRP LRD 39 71 Vehicle Requirements Vehicles shall be clean and safe, and free from trash and debris. Vehicles for Hire Procs. § 6 (2015), Courtesy Vehicle Procs. § 4 (2015). Courtesy vehicles shall display the name of the hotel, motel, or company on the outside of the vehicle. Courtesy Vehicle Procs. § 4 (2015). Compliance Revocation or suspension may result from violations of the GSA, Airport Driver’s Permit, operational procedures, rules and regulations, and federal, state, and local laws and regulations. A request for a hearing may be submitted in writing. Vehicles for Hire Procs. § 7 (2015). Oregon Statewide Volume 17 of the 2017 Oregon Revised Statutes governs utilities, vehicle code, and aviation. Case History In accordance with state statutes on unemployment insurance, Or. Rev. Stat. §657 et seq., an administrative law judge determined that Broadway Cab (Broadway) drivers performed services for Broadway and were employees and not independent contractors. As a result, Broadway was liable for unemployment insurance taxes on drivers’ wages. The court affirmed the administrative law judge’s decision. Even though the drivers’ agreement did not explicitly require that drivers provide services for Broadway, the agreements were premised on that assumption; drivers were only permitted through Broadway, all taxicabs were marked with Broadway’s scheme, and the significant fees necessitated that drivers drove a fair amount. Several factors pointed to the employee and not independent contractor classification. Drivers did not operate at a separate business location even though some drives owned their vehicles. Drivers did not have the authority to hire other persons to provide driving services. Broadway Cab LLC v. Emp’t Dep’t, 358 Or 431, (Or., 2015). Oregon—Portland International Airport (PDX) Overview PDX is owned and operated by Port of Portland, a regional governmental entity encompassing Multnomah, Washington, and Clackamas counties. PDX is classified as a primary large hub under the NPIAS. It is ranked 30th according to 2017 enplanements, which reached a total of 9,435,473. PDX serves the metropolitan area of Portland, and the surrounding region. According to the U.S. Census, Portland has a population of 647,805. Local Portland International Airport Rules Cited as: Port of Portland Rules § x.x (2018). Authorization No ground transportation provider can operate at PDX unless the applicable permit is obtained. All vehicles shall be registered with the City of Portland. Port of Portland Rules § 1.1, 1.5 (2018). PDX classified ground transportation into the following nine categories: (1) fix route, (2) reservation only, (3) courtesy, (4) scheduled service, (5) on-demand, (6) door-to-door, (7) park and fly, (8) stay, park, and fly, and (9) TNC. Port of Portland Rules § 1.2 (2018).

72 ACRP LRD 39 Operating Rules The Port may designate locations for ground transportation use for parking, staging, and passenger pickup and drop-off. Port of Portland Rules § 1.4 (2018). All vehicles except for courtesy vehicles must first report to the designated holding area. Vehicles may enter the commercial roadway only when called by the Port agent. Drivers shall not leave vehicles unattended while in the holding area or on the commercial roadway. Port of Portland Rules § 1.4.1, 1.4.3 (2018). Commercial ground transportation vehicles shall queue up from the rear and progress through the queue. Port of Portland Rules § 1.5 (2018). Pennsylvania Statewide In the 2019 Pennsylvania Consolidated Statutes, under Title 53 (Municipalities Generally), Chapter 57A govern transportation network companies and Chapter 57 governs taxicabs and limousines in first class cities. Case History The City of Philadelphia authorizes two types of taxicab services. Medallion taxicabs are authorized to provide call or demand service throughout the City while “partial rights taxicabs” are prohibited from serving certain areas such as the Philadelphia International Airport. The Pennsylvania General Assembly had granted dual jurisdiction over partial rights taxicabs to both the Philadelphia Parking Authority (PPA) and the Pennsylvania Public Utility Commission (PUC). The PPA and the PUC had entered into an inter-jurisdictional agreement for regulating partial rights taxicabs. PPA’s regulations included vehicle mileage limits, vehicle inspections, vehicle partitions, driver cer- tification, annual renewal, and out-of-service designations. Various commercial ground transportation providers challenged the validity of this agreement on several grounds, including due process and equal protection. The court held that the agreement did not violate sub- stantive due process rights as the agreement simply stated that PUC cedes jurisdiction to PPA where dual jurisdiction exists. However, the court held that the regulations were unreasonable because the regulations ignored the differences between medallion and partial rights taxicabs. Such differences include service provided, clientele, geographic footprint, and business model. Bucks Cnty. Servs., Inc. v. Phila. Parking Auth., 71 A.3d 379 (Pa., 2018). Pennsylvania—Philadelphia International Airport (PHL) Overview PHL is owned by the City of Philadelphia and operated by the Philadelphia Department of Commerce, Division of Aviation. PHL is clas- sified as a primary large hub under the NPIAS. It is ranked 21st according to 2017 enplanements, which reached a total of 14,271,243. PHL serves the Philadelphia metropolitan area and surrounding region. According to the U.S. Census, the population of Philadelphia is 1.584 million. PHL is authorized by the Philadelphia Home Rule Charter Sections 4-500(c) and 8-407 to make regulations governing the use and control of PHL. Local Philadelphia International Airport Rules and Regulations Manual Cited as: Rules and Regs. § 10.x.x (2019).

ACRP LRD 39 73 Authorization Commercial ground transportation operators shall have all applicable authorizations from agencies such as the Federal Highway Administration, Surface Transportation Board, Pennsylvania Public Utility Commission, Philadelphia Parking Authority, and Philadelphia Ordinances. Rules and Regs. § 10.D.3, 10.D.4 (2019). Operators shall supply, upon request, the authorization to operate and proof of vehicle insurance. Rules and Regs. § 10.D.3 (2019). Ground transportation vehicles shall utilize an AVI transponder for the purpose of monitor transportation activities and calculating per trip and egress fees. Rules and Regs. § 10.K.4 (2019). Fees Taxicabs pay a per trip egress fee of $1.50. Rules and Regs. § 10.K.5 (2019). On- and off-airport rental car operators shall pay a privilege fee of 10% of gross revenue derived from airport operations. Rules and Regs. § 10.K.1 (2019). Off-airport parking operators, motor carriers such the Southeastern Pennsylvania Transportation Authority (SEPTA), and courtesy vehicle operators shall pay a per trip fee of $1.5 for 1-5 seats, $3 for 6-12 seats, $8 for 13-24 seats, and $22 for 24+ seats. Rules and Regs. § 10.K.3, 10.K.4 (2019). Operators exceeding the dwell time limit for their particular type of operation shall pay a dwell time fee. The limit courier is 60-minutes for couriers, 20-minutes for limousines, 30-minutes for vans/shuttles, and 60-minutes for buses. Dwell times do not apply to taxicabs. Rules and Regs. § 10.K.4 (2019). Insurance Requirements On-airport rental car operators shall provide a surety bond in the amount of one-quarter of the prior year’s total annual concession payment. Rules and Regs. § 10.E.1 (2019). Employee Conduct Commercial ground transportation operators shall not solicit business such as by approaching passengers, cruising PHL, or engaging airport personnel. Operators may provide service if the contact is initiated by the passenger absent solicitation. Ground transportation employees shall not give gratuities of any kind to PHL employees or agents. Rules and Regs. §§ 10.D.9, 10.D.11 (2019). Ground transportation employees shall be competent, courteous, and efficient. Rules and Regs. § 10.D.11 (2019). Operators shall not perform any vehicle maintenance or repair while on PHL property except in an emergency. Rules and Regs. § 10.D.11 (2019). Operating Rules Commercial ground transportation operators shall not park at the terminal curb except for loading passengers at designated zones. Loading of passengers shall occur only at designated loading zones. Taxicabs with prearranged reservation shall load using the limousine zone. Rules and Regs. § 10.C.4, 10.D.11, 10.E.1, 10.G.3 (2019). Ground transportation vehicles shall not be left unattended. Limousine drivers meeting passengers in the terminal building shall park their vehicles in the parking lot. Rules and Regs. § 10.D.11, 10.H.1 (2019). Vehicle Requirements All ground transportation vehicles shall be in safe and good condition. Vehicles shall comply with federal, state, local, and PHL laws, regulations, and standards. Vehicles shall have a favorable appearance and a clean interior free from trash, odors, dirt, and grease. Rules and Regs. § 10.D.2 (2019). Taxicabs shall be painted in colors of the dispatch provider with the name, insignia, and phone number. The taxicab ID numbers shall be displayed on the front fenders and on the rear of the taxicab. Rules and Regs. § 10.E.1 (2019). Compliance Operators could be suspended for various violations such as vehicle insurance lapse, vehicle tag expiration, driver’s license suspension, loss of business authority, and failure to pay fees. Rules and Regs. § 10.L.1 (2019).

74 ACRP LRD 39 Rhode Island Statewide Title 39 of the 2018 Rhode Island General Laws governs public utilities and carriers. Case History A limousine driver, David Henderson, employed by All Occasion Transportation, Inc. (All Occasion), conveyed a passenger from Rhode Island to Logan Airport. While unloading baggage, Henderson was struck by a vehicle and badly injured. His employer’s insurance did not fully cover all the damages, so Henderson filed an underinsured motorist claim against his personal automobile insurer, Nationwide Insurance Company (Nationwide). The court held that Nationwide’s denial of the claim was lawful and consistent with public policy. The insurance contract included an exclusion that applied to a motor vehicle used to carry persons for fee. Henderson’s use of All Occasion’s limousine to carry passengers to the airport was a clear use of motor vehicle for fee. Although public policy generally favors indemnifica- tion of insureds for damage caused by uninsured motorists, it does not mean that insurers should be obligated to provide coverage in every circumstance. Henderson v. Nationwide Ins. Co., 35 A.3d 902 (R.I., 2012). Rhode Island—T. F. Green Airport (PVD) Overview PVD is owned by the State of Rhode Island and operated by the Rhode Island Airport Corporation. PVD is classified as a primary small hub under the NPIAS. It is ranked 65th according to 2017 enplanements, which reached a total of 1,940,806. PVD serves the metropolitan area of Providence and the surrounding region. According to the U.S. Census, the population of Providence is 80,871. RIAC has the au- thority to establish requirements for commercial ground transportation in accordance with the Administrative Procedures Act, R. I. Gen. Laws § 42-35-1, et seq., the Uniform Aeronautical Regulatory Act, R.I. Gen. Laws § 1-4-1, et seq., and R.I. Gen. Laws § 1-2-1 (the powers of the director of Rhode Island Airport Corporation). Title 800, Chapter 10, Subchapter 00, Part 2, of the Rhode Island Code of Regulations applies to all commercial ground transportation at PVD. Local Rhode Island Code of Regulations, Title 800 (Airport Corporation), Chapter 10 (Operations), Part 2 (Ground Transportation) Cited as: Ground Transportation Regs. § x.x (2018). Authorization Drivers operating at PVD require a valid certificate and registration or a valid USDOT authorization. Ground Transportation Regs. § 2.5.C (2018). Employee Conduct Drivers shall not solicit at PVD without the express written permission from RIAC. Ground Transportation Regs. § 2.5.B (2018). Employee shall not discriminate based on race, color, sex, or national origin. Ground Transportation Regs. § 2.19 (2018).

ACRP LRD 39 75 Operating Rules Taxicabs shall only drop-off on the departures roadway, pickup in the designated commercial curb area, or pickup and drop-off at the intermodal transportation facility, Interlink. Ground Transportation Regs. § 2.6.A (2018). A taxicab with a certificate, but not as an authorized user, may enter the terminal to meet passengers for prearranged trips. Ground Transportation Regs. § 2.7.B (2018). Limousines are not authorized to pick up or drop-off on the commercial curb, arrivals roadway, or cellphone waiting lot. Limousines are allowed to pick up and drop-off at the intermodal transportation facility. Ground Transportation Regs. § 2.8 (2018). Jitneys, scheduled buses, and chartered buses of 35-feet or less in length are authorized to pick up and drop- off at the intermodal facility or hourly lot, and drop-off at the departures roadway. Jitneys, scheduled buses, and chartered buses of greater than 35-feet and Rhode Island Public Transit Authority vehicles are authorized to pick up and drop-off at the intermodal facility or commercial curb area, and drop-off at the departures roadway. Hotel and off-airport shuttles are authorized to pick up and drop-off at the intermodal facility or pickup at the commercial curb, and drop-off at the departures roadway. Ground Transportation Regs. § 2.9- 2.13 (2018). No vehicle shall exceed the 15 limit at the commercial curb. Ground Transportation Regs. § 2.17 (2018). Compliance Violators of ground transportation regulations are subject to citations and fines under the Rhode Island Traffic Tribunal. Ground Transportation Regs. § 2.20 (2018). South Carolina Statewide Title 58 of the 2018 South Carolina Code of Law governs public utilities, services, and carriers. Case History The South Carolina Supreme Court had pronounced a new test for determining whether a claimant was an employee or independent con- tractor, thus overruling the Dawkins test, Dawkins v. Jordan, 341 S.C. 434, 439 (2000). The Dawkins test had been employed for cases such as Yellow Cab Co., 349 S.C. 589 (2002). In Yellow Cab, a murdered taxicab driver was ruled to be an employee with the result that his estate was able to receive Workers’ Compensation benefits. Facts supporting the employee designation include many driver requirements such as no airport or dock operations, no dead-heading with nonpaying passengers, a company dress code, and maintenance of proper manifests. A fact supporting the independent contractor designation was the fixed-fee charged by Yellow Cab regardless of how much or how little a driver chooses to work per day. The Dawkins test that was overruled involved a framework where it unduly favored the weighing for the finding of employee status. Wilkinson v. Palmetto State Transp. Co., 382 S.C. 295 (S.C., 2009). South Carolina—Charleston International Airport (CHS) Overview CHS is owned by Charleston County, SC, and Joint Base Charleston, and is operated by the Charleston County Aviation Authority. CHS is classified as a primary small hub under the NPIAS. It is ranked 64th according to 2017 enplanements, which reached a total of 1,945,699. CHS serves the City of Charleston and the surrounding area. According to the U.S. Census, Charleston has a population of 130,113. Local Charleston County Aviation Authority (“Authority”) Ground Transportation Ordinance Cited as: Aviation Ordinances art. x § x (2018).

76 ACRP LRD 39 Authorization All ground transportation operators at the airport shall obtain an Authority permit. Aviation Ordinance art. 3 § 1 (2018). Permits are issued for the following classes: off-airport rental car, off-airport parking, charter/bus, taxi, TNC, and hotel/motel courtesy. Aviation Ordinance art. 3 § 2 (2018). Ground transportation providers shall comply with Authority ordinances and all applicable federal, state, and local laws, rules, regulations, and ordinances. Aviation Ordinance art. 1 § 3 (2018). Ground transportation vehicles shall affix an AVI tag or a permit decal for the purpose of collecting per trip or privilege fees. Aviation Ordinance art. 4 §§ 1, 2 (2018). Ground transportation operators, except for TNC, shall display identification showing name, photograph, company, telephone, and address. Aviation Ordinance art. 3 § 5 (2018). TNC providers shall be in compliance with Article 16, Chapter 23, Title 58 of the Code of Laws of South Carolina. Aviation Ordinance § art. 2 (2018). TNC providers shall maintain a geofence of the airport perimeter and alert drivers whenever they enter or exit the airport. Aviation Ordinance art. 3 § 3.F (2018). Fees The fees are $120 per year plus $200 per vehicle per month for taxis/shuttles, $120 per year plus $2 per room for courtesy vehicles, $1 per year for public transportation, $3.50 per pickup for TNCs, and $120 per year plus 8% of gross revenue for off-airport rental car and off-airport parking. Aviation Ordinance art. 4 § 2 (2018). Insurance Commercial operators shall maintain the following combined single insurance limits for general liability/ automobile/property damage: $300,000/$300,000/$100,000 for taxis, shuttles, and courtesy vehicles; $1,000,000/$1,000,000 for TNCs; and $100,000/$100,000 for all other operators. Each operator shall indemnify and hold Authority harmless from all claims arising out of commercial ground transportation at the airport. Aviation Ordinance art. 3 § 3.B (2018). Employee Conduct All ground transportation employees shall be clean and neatly groomed and in appropriate business uniform. Aviation Ordinance art. 5 § 1 (2018). All employees, including TNC employees, shall conduct operations in an orderly and proper manner and not annoy or disturb airport customers, patrons, or tenants. Aviation Ordinance art. 5 § 2 (2018). Drivers must be able to communicate in English. Aviation Ordinance art. 5 § 3 (2018). Vehicles are not allowed to cruise the airport to solicit business or to wait for a loading space to become available. A staging area is available for operators who need to remain at the airport. Aviation Ordinance art. 5 §§ 7, 11 (2018). Vehicle Requirements Vehicle exteriors shall be maintained in a clean, undamaged condition. Vehicle interiors shall be free of grease, dirt, and trash. Aviation Ordinance art. 5 § 5 (2018). Each vehicle shall be clearly identified on the outside with the company name. TNC vehicles shall display company trade-dress as required by state law. Aviation Ordinance art. 5 § 6 (2018). Vehicles shall not be left unattended while on airport property. Aviation Ordinance art. 5 § 11 (2018). Operating Rules The loading/unloading of passenger shall only occur at space designated for the particular class of vehicle. Aviation Ordinance art. 5 §10 (2018). Compliance Violations of rules and regulations may result in fines, suspensions, or revocations. Aviation Ordinance art. 6 § 1-4 (2018). Revocations may be appealed upon the filing of a written notice. Aviation Ordinance art. 6 § 5 (2018).

ACRP LRD 39 77 Tennessee Statewide Title 55 of the 2018 Tennessee Code governs motor and other vehicles. Case History Millennium Taxi Service (Millennium) sought to invalidate Chattanooga Metropolitan Airport Authority’s (CMAA) regulations in pro- hibiting unregistered taxicabs from curbside pickup. Millennium claimed that such regulations were discriminatory and unconstitu- tional. The court held that CMAA was authorized by the Tennessee Passenger Transportation Services Act to regulate commercial ground transportation at the airport, and the regulations had a rational basis and were not unreasonably discriminatory. The most significant regulations that were challenged were the different operating fees charged to different types of ground transportation, the queuing area restrictions, and the minimum vehicle age requirement. The court ruled that CMAA had a legitimate purpose in controlling curb access in order to manage flow effectively and to promote vehicular and pedestrian safety. CMAA also had a rational reason for limiting curbside operators in order to present to passengers those operators who are registered with CMAA with vehicles that are clean, relatively new, and in good repair. Millennium Taxi Service, L.L.C. v. Chattanooga Metropolitan Airport Authority, No. E2008-00838-COA-R3-CV (Tenn. App. 6302009) (Tenn. App., 2009). Tennessee—Memphis International Airport (MEM) Overview MEM is owned and operated by the Memphis-Shelby County Airport Authority (MASCAA), governed by both the City of Memphis and Shelby County. MEM is classified as a primary small hub under the NPIAS. It is ranked 62nd according to 2017 enplanements, which reached a total of 2,102,739. MEM serves the metropolitan area of Memphis and the surrounding region. According to the U.S. Census, Memphis has a population of 652,236. The Metropolitan Airport Authority Act, Tenn. Code § 42-4-101 et seq. (2018), grants MSCAA the power to manage and operate MEM. Local Memphis-Shelby County Airport Authority Ground Transportation Rules and Regulations Cited as: Authority Rules and Regs. § x.x (2015). Memphis-Shelby County Airport Authority Rules and Regulations Cited as: Authority Rules and Regs. § x.x (2015). Authorization Ground transportation operators shall comply with all applicable laws, rules, and regulations sources, including State of Tennessee, County of Shelby, City of Memphis, and MSCAA. Authority Rules and Regs. § III (2015). In order to operate at MEM, ground transportation providers are required to have a Commercial Drive Access Agreement and, if required by the City of Memphis, a Certificate of Public Convenience. Authority Rules and Regs. § IV.A (2015). Commercial ground transportation rules and regulations apply to TNC operators and vehicles. Authority Rules and Regs. § II (2015). Except for TNCs, operators shall have an AVI installed in each vehicle servicing the airport. TNC drivers shall maintain a TNC Digital ID while operating on the airport. Authority Rules and Regs. § IV.C (2015).

78 ACRP LRD 39 Fees In general, there is a $2 per trip/access fee for vehicles of 25 feet or longer, and $10 per trip/access fee for vehicles longer than 25-feet. Shuttles and limousines pay a monthly minimum fee of $125 or 6% gross, whatever is greater. Hotel courtesy shuttle pay $3 per room. Coach buses pay $10 for each entrance. In addition to the per trip fee, taxicabs pay an annual fee of $200 per taxicab and TNC pay an annual fee of $2,000. Authority Rules and Regs. § IV.H (2015). Operating Rules Operators shall only use the designated loading/unloading areas designated for the class or operation. Authority Rules and Regs. § IV.I (2015). Employee Conduct Drivers shall not leave vehicles unattended. Authority Rules and Regs. § IV.G (2015). Vehicle Requirements The exterior and interior of vehicles shall be in a clean condition. Authority Rules and Regs. § IV.J (2015). Except for TNC vehicles, vehicles shall be marked with the operator name or painted in the operator’s scheme. Authority Rules and Regs. § IV.J (2015). Compliance Violations of the rules and regulations may result in fines, suspensions, or revocations. Violations may be appealed in writing to the airport president. Authority Rules and Regs. § VI.D (2015). Texas Statewide Title 7 of the 2017 Texas Transportation Code governs vehicles and traffic. Case History The Association of Taxicab Operators (Association) sought to invalidate Dallas/Fort Worth International Airport Board’s (Board) resolu- tion granting head-of-the-line privileges to taxicab operators who invest in compressed natural gas (CNG). Chapter 22 of Texas Statutes had granted various powers to the Board with respect to the airport. Tex. Transp. Code. Ann. § 22.014. Among its many powers, the Board was authorized to operate and regulate the airport. The court held that the Board is not required to obtain approval from the city councils to make rules necessary to operate and manage the airport. The resolution granting preference to taxicabs using CNG is valid. Dall. Fort Worth Int’l Airport Bd. v. Ass’n of Taxicab Operators (Tex. App., 2014). Overview DFW is owned and operated by the City of Dallas and the City of Fort Worth. DFW is classified as a primary large hub under the NPIAS. It is ranked fourth according to 2017 enplanements, which reached a total of 31,816,933. DFW serves the metropolitan area of Dallas-Fort Worth and the surrounding region. According to the U.S. Census, Dallas-Fort Worth has a population of 6.8 million. Local Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board Cited as: Airport Code § x-x (2015). Permit Requirement An operating authority issued by the airport administrator is required in order to provide regulated ground transportation service at DFW. Such an operating authority is non-transferable. Airport Code § 4-7 (2015). Drivers are required to have a valid driver permit from the cities of Dallas or Fort Worth. The driver permit shall be displayed conspicuously. Airport Code § 4-15, -16 (2015).

ACRP LRD 39 79 Operating Rules Vehicles shall have a decal to operate on a holding stand. Drivers shall not leave the vehicle while on a holding stand. Airport Code § 4-24 (2015). The loading of passengers shall only occur at a designated holding stand. Airport Code § 4-25 (2015). Employee Conduct Drivers shall not cruise at the airport. Airport Code § 4-27 (2015). Soliciting of passengers is forbidden. Airport Code § 4-28 (2015). Drivers shall act in a reasonable, prudent, and courteous manner, and maintain a well-groomed appearance. Airport Code § 4-29 (2015). Taxicabs shall not refuse service unless a passenger is disorderly, engaged in unlawful conduct, or causes a driver to fear for personal safety. Airport Code § 4-32 (2015). Prearranged service providers shall only pick up passengers for whom service has been prearranged. Airport Code § 4-33 (2015). Compliance The operating authority or driver may be, fined suspended, or revoked if the holder fails to comply with the Airport Code. Airport Code § 4-10, -17, -18, -51 (2015). An aggrieved party may appeal following the hearing procedure established by DFW’s Chief Executive Officer. Airport Code § 4-49 (2015). Texas—George Bush Intercontinental Airport (IAH) Overview IAH is owned by the City of Houston and operated by the Houston Airport System. IAH is classified as a primary large hub under the NPIAS. It is ranked 15th according to 2017 enplanements, which reached a total of 19,603,731. IAH serves the metropolitan area of Hous- ton and the surrounding region. According to the U.S. Census, Houston has a population of 2.31 million. Local Commercial ground transportation at IAH is principally regulated via the City of Houston Code of Ordinances, Chapters 9 (Aviation) and 46 (Vehicles for Hire). The Code authorizes regulations presented in the IAH Taxicab Service Instructions and the TNC Operation Instructions at Houston Airport Systems (HAS). The airport director is authorized to prescribe ground transportation regulations by the City of Houston Code § 9-52(k) (2019). City of Houston Code of Ordinances Cited as: Ordinances § x-x (2019).

80 ACRP LRD 39 Authorization A permit is required to operate commercial passenger vehicles, including taxicabs, TNCs, and wheelchair accessible service providers. A permit may not be transferred to another person or business entity. Operators shall obtain the appropriate approvals, e.g, city, state, or federal license, permit, franchise. Ordinances §§ 9-52(b), 9-53(g), 9-62, 46-14 (2019). When appropriate, the airport director may contract with transportation providers and designate service areas exclusive to the providers. Ordinances § 9-54 (2019). Operators are required to present badges, identification cards, radio frequency identifications, or other forms verification upon request. Ordinances § 9-52(o) (2019). A single consolidated shuttle bus system shall transport all rental car passengers to and from the terminals. Ordinances § 9-52(h) (2019). An electronic dispatching application is permitted, and a provider may be dispatched by another dispatch system in addition to the electronic one. Ordinances § 46-4.1 (2019). Insurance Requirements A permit holder is required to meet the commercial liability coverage listed in Chapter 643 of the Texas Transportation Code or have limits of $100,000 for death or injury/death per person or $300,000 per accident. Ordinances §§ 9-53(c), 46-207(a) (2019). Fees Annual and recurring airport use fees are prescribed according the vehicle class. For example, taxicabs and TNCs pay $2.75 per departure, off-airport parking pay 8% of gross receipts, and limousines of six or fewer seats pay an annual fee of $325. Ordinances § 9-56, Table 9-1 (2019). Operating Rules TNC operators shall create and maintain a geofence that conforms to the designated TNC operation areas. TNC drivers shall remain in a designated geofenced waiting area while waiting for a passenger. TNCs may pick up only at designated locations. §§ 9-59 to 60 (2019). Several methods exist to allow operators to meet accessible service requirements. For example, a large fleet operator (20+ vehicles) shall ensure a minimum of 3% of vehicles be accessible. Ordinances § 46-2.1 (2019). Employee Conduct It shall be unlawful to refuse to transport passengers. Ordinances § 46-2 (2019). Drivers shall not use offensive or indecent language or gestures. Ordinances § 46-9.1(c) (2019). Drivers shall be clean and well-groomed and suitably dressed. Ordinances § 46-9.4 (2019). Drivers shall not use electronic communication devices while transporting passengers unless they operate hands-free. Ordinances § 46-11.2 (2019). Except for pedicabs, ground transportation employees shall not solicit a passenger at the airport. Ordinances § 46-11.7 (2019). Vehicles Vehicles shall have functioning heating, ventilating, and air conditioning. Ordinances § 46-9.1(a)-(b) (2019). Vehicles shall be clean, free of litter, debris, offensive odors, and body damage except for minor dings and scratches. Ordinances § 46-9.2 (2019). Vehicles shall have clean titles. Ordinances § 46-11 (2019).

ACRP LRD 39 81 Compliance Penalties for violations may include demerits, fines and revocation, cancellation, or denial of license, certificate, or permit in addition to any civil or criminal penalties. Ordinances §§ 9-52(j), 9-53(h)-(k), 46-5 (2019). Commercial operators are subject to inspection and audits. A 14-day written notice will precede inspections and audits of books and records. Ordinances § 9-52(m), (p) (2019). Compliance procedures may involve oral or written notice, description of evidence, and an opportunity to be heard. Ordinances § 9-53(i) (2019). Operators shall collect and maintain, on a quarterly basis and on demand, records such as total number of trips, revenue, gross receipts, and number of accessible trips. § 46-11 (2019). The IAH Taxicab Service Instructions and TNC Operation Instructions at Houston Airport Systems follow the City of Houston Code of Ordinances closely. Cited as: Taxicab Instructions §x (2009) and TNC Instructions §x (2014). Authorization Taxicab drivers shall provide the ground transportation representation a valid driver license, airport badge, and taxicab number. Taxicab Instructions §V.F.3 (2009). Operating Rules Unless a passenger requests otherwise, ground transportation representatives will assign taxicab waiting in the standing line on a first-in-first-out basis. Taxicab Instructions §V.B.1-2 (2009). Drivers shall not leave their taxicab except in an emergency. Taxicab Instructions §V.B.3 (2009). Taxicabs that are posted are required to proceed directly to the position in the designated row and remain until dispatched. Taxicab Instructions §V.F.4 (2009). TNCs not loading or unloading are required to be parked in designated staging areas. TNC Instructions §V.B.2 (2014). TNC driver shall not leave their vehicle for any purpose while at the loading zone. TNC Instructions §V.B.3 (2014). TNC pickups shall occur in designated terminal pickup locations. TNC Instructions §V.B.6 (2014). Utah Statewide Title 41 of the 2019 Utah Statutes governs motor vehicles. Case History Marlin Baer, an owner and operator of commercial ground transportation service at the Salt Lake City International Airport (SLC), failed to meet inspection and insurance requirements. Baer was issued four misdemeanor citations and was later arrested and jailed briefly for failure to appear at his arraignment. Four-years later, he filed a 42 U.S.C. § 1983 civil rights action against SLC. He sued the SLC ground transportation manager, SLC commercial vehicle inspector, SLC police, and county jail officer, among others, on a range of claims such as unlawful citation, unlawful search and seizure, unlawful arrest, negligence, harassment, and emotional distress. Underlying the claims were the allegations that, as a diabetic, he was denied food to regulate blood sugar levels and he was required to remove his clothing, exposing his religious undergarment as a Latter-day Saint. The court affirmed the lower court’s dismissal of the suit without a hearing as Baer failed to identify how the City defendants has personally participated in the denial of Baer’s rights. Baer v. Salt Lake City Corp., No. 16-4186 (10th Cir., 2017).

82 ACRP LRD 39 Utah—Salt Lake City International Airport (SLC) Overview SLC is owned by the City of Salt Lake City and operated by the Salt Lake City Department of Airports. SLC is classified as a primary large hub under the NPIAS. It is ranked 23rd according to 2017 enplanements, which reached a total of 11,615,954. SLC serves the Salt Lake City metropolitan area and the surrounding region. According to the U.S. Census, Salt Lake City has a population of 200,544. Local Salt Lake City Department of Airports (SLCDA) Commercial Ground Transportation Rules Cited as: GCT Rules § x.x (2018). Authorization Ground transportation providers must be registered by the State of Utah Department of Commerce and licensed by the City. GCT Rules § 1.0 (2018). Persons operating ground transportation vehicles shall have a vehicle operators badge. GCT Rules § 4.1 (2018). Operating Rules Ground transportation vehicles shall only load/unload in designated areas in the airport. Vehicles shall use the commercial lanes. Drivers shall remain with vehicles at all times. Vehicles are to wait in staging lots until customers are ready to be loaded or unloaded. GCT Rules § 8.1-8.3 (2018). Utah Transit Authority (UTA) vehicles must load/unload in UTA zones only. GCT Rules § 8.9 (2018). Vehicle Requirements Vehicles shall be clean and free of exterior damage except for dents less than six-inches and rust spots less than one-inch. GCT Rules § 3.1 (2018). Vehicle interiors shall be clean and free from offensive odors. GCT Rules § 3.1 (2018). Vehicles shall have permanent signs on both sides displaying the name of the ground transportation business. GCT Rules § 3.2 (2018). Employee Conduct Employees shall maintain a clean and well-groomed appearance. Clothing shall be business casual or greater. GCT Rules § 5.0 (2018). Employees shall refrain from conduct, language, and behavior that is insulting, offensive, threatening, disruptive, or disturbing. GCT Rules § 6.0 (2018). Drivers shall not refuse any paying passengers. GCT Rules § 6.0 (2018). Drivers shall take the shortest reasonable route to a destination unless otherwise requested by a passenger. GCT Rules § 6.0 (2018). Employees shall not solicit business. GCT Rules § 8.1 (2018). Compliance Revocations, suspensions, and renewal denials may be appealed in writing to the SLCDA director. GCT Rules § 4.2 (2018). Salt Lake City Municipal Code Cited as: SLC Code § x.x.x (2019).

ACRP LRD 39 83 Authorization Taxicabs shall either carry the minimum insurance or file surety bonds in amounts determined by the mayor. SLC Code § 5.18.030 (2019). Taxicabs must display conspicuously a schedule of rates. SLC Code § 5.18.080 (2019). Operating Rules When transporting an existing passenger, no other passengers may be added unless the existing passenger consents. SLC Code § 5.18.120 (2019). Employee Conduct A taxicab driver shall not refuse any passengers unless a passenger is engaging in illegal conduct or acting in a loud, boisterous, or unruly manner. A taxicab employee may demand in advance the minimum fare and may refuse a passenger who does not comply with the demand. SLC Code § 5.18.110, 5.18.130 (2019). A taxicab driver shall not leave a vehicle for a distance of more than 10-feet. SLC Code § 5.18.160 (2019). Virginia Statewide Title 46.2 of the 2019 Virginia Statutes governs motor vehicles. Case History The Metropolitan Washington Airport Authority (MWAA) had utilized funds from a toll road to support the construction of a metro service to the Dulles airport. Individuals challenged MWAA’s authority using various constitutional and statutory theories such as the non-delegation principle and statutory restrictions on funds being spent only on capital and operating costs of Washington, D.C. airports. MWAA was authorized by Virginia, D.C., and Congress to lease National and Dulles airports from the federal government by the Transfer Act, 49 U.S.C. §§ 49101 – 49112 (1986). The court first examined the threshold question of whether MWAA was a federal entity, thus sub- ject to the limitation of the Constitution. MWAA was found not to be a federal entity because it was not created explicitly for the further- ance of federal goals and was not controlled by federal appointees. The court also found that the establishment of MWAA did not violate the non-delegation principle which disallowed the delegation of powers granted by the agency upon which it is conferred. The court held that MWAA only exercised powers conferred by the state creators. The expenditure for metro construction did not violate the Transfer Act’s terms. The court weighed heavily the certification from the Secretary of Transportation that the metro expenditures did not violate the Transfer Act. Kerpen v. Metro. Wash. Airports Auth., 907 F.3d 152 (4th Cir., 2018). Virginia—Norfolk International Airport (ORF) Overview ORF is owned by the City of Norfolk and operated by the Norfolk Airport Authority. ORF is classified as a primary small hub under the NPIAS. It is ranked 72nd according to 2017 enplanements, which reached a total of 1,694,329. ORF serves the metropolitan area of Nor- folk and the surrounding region. According to the U.S. Census, Norfolk has a population of 242,628. Ground transportation at ORF is regulated though Chapter 34.1 (Public Vehicles) of the Norfolk, Virginia, Code of Ordinances. Specific arrangements are documented in exclusive contract with the Norfolk Airport Authority (NAA). For TNCs and hotel/motel courtesy shuttles, the contracts specify the locations for pickup/drop-off and staging. Local Norfolk, Virginia, Code of Ordinances Cited as: Municipal Code § 34.1-x (2019).

84 ACRP LRD 39 Authorization All public vehicle operators must obtain a business license from the commissioner of the revenue. Municipal Code § 34.1-7 (2019) Taxicab operators shall obtain a certificate of convenience and necessity. The number of certificates is limited to 250. A certificate is not transferrable to another person. Municipal Code § 34.1-35 to -37 (2019). Ground transportation operators not classified as taxicab of for-hire operator require a special permit from the city council. Hampton Roads Transportation District Commission vehicles are exempt from the special permit requirement. Municipal Code § 34.1-6 (2019). Taxicab operators shall own a minimum of five taxicabs. Municipal Code § 34.1-17.1 (2019). Public vehicle drivers shall have valid public vehicle operator’s licenses. Municipal Code § 34.1-44 (2019). Insurance Requirements Public vehicle operators shall obtain minimum liability insurance in the amount of $125,000 for death or injury per person, $300,000 for death or injury per accident, and $25,000 for property damage. A surety bond can be used in lieu of insurance. Municipal Code § 34.1-8 (2019). Vehicle Requirements Public vehicles are subject to an annual inspection by the chief of police or designee. Vehicles shall be kept clean and sufficiently ventilated. Municipal Code § 34.1-16 (2019). Employee Requirements A public vehicle driver shall not refuse to carry an orderly passenger. Municipal Code § 34.1-25 (2019). Public vehicle drivers shall operate for a maximum of 13-hours in any 24-hour period. Municipal Code § 34.1- 27 (2019). A public vehicle driver shall be at least 18-years-old, have good eyesight, be able to read and write in English, and is clean in dress. Municipal Code § 34.1-48 (2019). Operating Rules Public vehicle drivers shall take the shortest practicable route. Municipal Code § 34.1-28 (2019). Taxicab rates are prescribed by the City and shall be legibly posted inside each vehicle. Municipal Code § 34.1- 60, -63 (2019). Compliance Certificates of public convenience and necessity may be revoked for violating the municipal code. An appeal hearing by the board of review may be requested. Municipal Code § 34.1-40 (2019). Virginia—Reagan National Airport (DCA) Overview DCA is owned and operated by the Metropolitan Washington Airports Authority (MWAA). DCA is classified as a primary large hub under the NPIAS. It is ranked 24th according to 2017 enplanements, which reached a total of 11,506,310. DCA serves the Washington metropolitan area and the surrounding Arlington area. According to the U.S. Census, Arlington has a population of 396,394. Local Metropolitan Washington Airports Authority Regulations Cited as: MWAAR § 2 (2014). Authorization Every vehicle for-hire driver shall be licensed or certificated in at least one jurisdiction. Every vehicle for-hire shall be licensed or certificated in at least one jurisdiction. MWAAR § 5.3(3) (2014). Taxicab drivers shall possess a valid driver’s license, taxicab license (“face card”), and certificate of public convenience and necessity for the taxicab. The face card must be displayed conspicuously. Taxicab drivers shall possess a valid Airport Taxi Operator’s Permit issued by DCA. MWAAR § 5.4(1), 5.6 (2014).

ACRP LRD 39 85 Fees Taxicabs pay $2.50 per passenger pickup. MWAAR § 5.6(17) (2014). Employee Conduct No vehicle for-hire driver shall solicit passengers either directly or indirectly. MWAAR § 5.3(2), 5.4(3) (2014). Drivers must wear a collared shirt, long pants or skirt, shoes, and socks. MWAAR § 5.6(4) (2014). Drivers must accept all orderly passengers. MWAAR § 5.6(10) (2014). Drivers must remain within five-feet of the taxicab at all times. MWAAR § 5.6(15) (2014). Drivers must accept credit cards and be able to process such payment. MWAAR § 5.6(18)-(19) (2014). Vehicle Requirements Taxicabs must be clean and maintained in good repair. Vehicles must be no more than eight-years-old and be equipped with functioning air conditioning. MWAAR § 5.6(5), (6) (2014). Drivers must be courteous. MWAAR § 5.6(12) (2014). Compliance Regulations violations may result in permit suspension and revocation. Discipline hearings are conducted by the airport manager. An aggrieved person may appeal disciplinary decisions to the airport president. Regulation violations are misdemeanors. MWAAR § 5.11, 5.14, 5.17 (2014). Washington Statewide Title 46 of the 2018 Revised Code of Washington governs motor vehicles. Case History The Central Puget Sound Regional Transit Authority (Authority) was charged with the construction of light rail to the Sea-Tac Airport (SEA). The rail alignment passes through the Rainier Valley neighborhood at street level which is predominantly populated by minorities. Save Our Valley (SOV), a community group, filed a 42 U.S.C. § 1983 Civil Rights action against the Authority claiming the construc- tion would disproportionately affect minority residents by the takings of properties, displacement of community facilities, disruption of businesses, and increased safety problems. Section 1983 creates a cause of action against any persons who abridges rights, privileges, or immunities guaranteed by laws. The main issue addressed by the court was whether the Department of Transportation’s disparate-impact regulation, 42 U.S.C. § 2000d et seq., can create an individual federal right to enable the § 1983 mechanism to enforce rights. The court held that an agency regulation cannot create individual rights to be enforced through § 1983. Furthermore, the court held that the disparate- impact regulation, specifically, could not create such a right; it only effectuates a right already in existence. The court affirmed the district court’s summary judgment in ruling against SOV. Save Our Valley v. Sound Transit, 335 F.3d 932, (9th Cir., 2003). Overview SEA is owned and operated by the Port of Seattle, a special purpose municipal corporation created by King County voters. SEA is classified as a primary large hub under the NPIAS. It is ranked ninth according to the 2017 enplanements, which reached a total of 22,639,124. SEA serves the metropolitan area of Seattle and the surrounding region. According to the U.S. Census, Seattle has a population of 724,745. The main source of ground transportation regulations is the Seattle-Tacoma International Airport Ground Transportation Rules and Instruc- tions. Operators also need to comply with rules and regulations imposed by applicable federal agencies, Washington State Department of Licensing, Washington Utilities and Transportation Commission, City of Seattle, King County, and the Port of Seattle Airport Operations Department. Local Seattle-Tacoma International Airport Ground Transportation Rules and Instructions

86 ACRP LRD 39 Cited as: Rules - x (2018). Authorization Ground transportation providers are authorized to operate at SEA with a Port of Seattle Operating Agreement. Rules – Ground Transportation Operating Instructions (2018). Except for TNCs, operators shall provide a list of vehicles with information such as license plate number, make and model, year of manufacture, and seating capacity. Rules – Equipment (2018). When applicable, a Port permit shall be clearly displayed through the windshield. Rules – Permits/AVI Sticker Tags (2018). If requested, an operator shall participate in the AVI program. Rules – Permits/AVI Sticker Tags (2018). Prearranged taxicabs shall have a current King County Plate and a Belled-In Port of Seattle Permit. Rules – Belled-In Taxi Operating Instructions (2018). Prearranged limousines shall have a valid permit displayed in the window while on airport property. Rules – Pre-arranged Limousine Operating Instructions (2018). TNC operators shall implement software that enables the tracking of TNC vehicles within the boundaries of a geofence. Rules – TNC Operating Instructions (2018). Operating Rules Ground transportation operators shall comply with designated areas for loading/unloading, staging, and holding. Loading/unloading of passenger shall occur only in the designated areas. Rules – Use of Premises (2018). Airporter scheduled buses shall not occupy loading zones earlier than 10-minutes prior to scheduled departure. A paging system can be used to announce bus departures. Rules – Airporter Operating Instructions (2018). Taxicabs shall park as close to the curb as possible, and be actively unloading passengers while at the departures level. Rules – Belled-In Taxi Operating Instructions (2018). Courtesy vans shall park as close to the curb as possible, and be actively loading/unloading passengers while at the designated islands. Rules – Courtesy Van Operating Instructions (2018). Charter buses shall stay in the holding lot until notified of the passenger group arrival. Rules – Charter Bus Operating Instructions (2018). TNC drivers shall only accept rides booked through the TNC app. TNC vehicles shall wait in the staging area and only use loading areas for active loading. Cruising is prohibited. TNCs may accept subsequent riders using carpooling features such as UberPOOL or LyftLine. Rules – TNC Operating Instructions (2018). Employee Conduct Operators shall not solicit or persuade others to solicit for business. Rules – Use of Premises (2018). Employees shall wear proper uniform and be neatly and cleanly dressed. Employees shall be courteous and not engage in raucous or offensive conduct. Rules – Conduct of the Operator (2018). Vehicle Requirements Vehicles shall be in good operating order and free from mechanical defects. Both the vehicle interior and exterior shall be clean, neat, and attractive. Rules – Equipment (2018). TNC vehicles shall be prominently marked with appropriate trade-dress while within the boundaries of the geofence. Rules – TNC Operating Instructions (2018).

ACRP LRD 39 87 Compliance Violations of Rules and Instructions and the Operating Agreement may results in fines, suspensions, or terminations. Rules – Enforcement (2018). Citations may be appealed by giving written notice. Rules – Citation Appeal Process (2018). Upon request, a TNC shall provide information on driver identify and photo; vehicle make, model, license plate number; certificate of insurance, and virtual waybill for current trip. Rules – TNC Operating Instructions (2018). King County, Washington, Municipal Code Cited as: County Code § x (2019). Authorization An interlocal agreement with the City of Seattle, King County, and Port of Seattle consolidates for-hire driver, taxicab, and for-hire vehicle licensing, administration, and enforcement. County Code § 6.64.015 (2019). Taxicab and for-hire vehicle are under a medallion system meaning the operating license is an intangible property. A taxicab association and a TNC company require a valid license. TNC drivers shall have a for-hire driver’s license. County Code § 6.64.010, 6.64.101, 6.64.121, 6.64.201, 6.64.261 (2019). The total number of taxicab licenses is limited to 561. County Code § 6.64.700 (2019). TNC app shall allow a passenger to view a picture of the driver and vehicle license plate before a trip is initiated. County Code § 6.64.251 (2019). Insurance Requirements Each TNC vehicle shall have a minimum underinsured motorist coverage of $100,00 per person and $300,000 per accident, or the minimum specified in Wash. Rev. Code § 48.177.010. TNC vehicle insurance shall name King County officers, agents, and employees as additional insured. County Code § 6.64.211 (2019). Operating Rules TNC drivers shall connect a passenger to an accessible vehicle service when a passenger has indicated need for a wheelchair accessible vehicle. County Code § 6.64.251 (2019). Vehicle Requirements TNC vehicles shall not be more than 10-years-old. County Code § 6.64.271 (2019). Employee Conduct Drivers shall use the most direct route available unless otherwise requested by the passenger. County Code § 6.64.680 (2019). A taxicab driver shall not refuse a passenger unless the passenger is acting in a disorderly, threatening, or suspicious manner, or the passenger is unable to pay the fare. County Code § 6.64.680 (2019).

88 ACRP LRD 39 West Virginia Statewide Chapter 24A of the2018 West Virginia Code governs commercial motor carriers. Case History Kanawha Valley Cab Paratransit, Inc., C & H Taxi, and other existing ground transportation providers challenged the issuance of a certifi- cate of public convenience and necessity at the Yeager Airport to Ray’s Baggage Delivery. The certificate was issued by an administrative law judge after a hearing and was affirmed by the Public Service Commission (PSC). The court reversed PSC’s decision denying the issu- ance of the certificate. The court explained that W.Va. Code 24A-2-5 requires the PSC to deny a certificate if it finds evidence at a public hearing that the existing transportation facilities are reasonably efficient and adequate. Airline representatives testified in favor of the certificate issuance explaining that an additional carrier was desirable because the existing taxi companies charged a higher rate than other common carriers for baggage delivery. However, they also testified that they never had any problems with the quality of existing service. The court held that the need for additional service cannot be solely based on the fact that a similar service costs less. Tincher v. Public Service Com’n of West Virginia, 379 S.E.2d 399 (W. Va., 1989). West Virginia—Yeager Airport (CRW) Overview CRW is owned and operated by the Central West Virginia Regional Airport Authority, governed by representatives from the City of Charleston and the Counties of Kanawha, Putnam, Lincoln, Boone, and Nicholas. CRW is classified as a primary nonhub under the NPIAS. It is ranked 182nd according to 2017 enplanements, which reached a total of 202,778. CRW serves the City of Charlestown, WV, and the surrounding area. According to the U.S. Census, Charlestown has a population of 5,957. The Central West Virginia Regional Airport Authority is authorized by Chapter 8, Article 29B, Section, of the Code of West Virginia to issue rules and regulations governing CRW. Local Charleston, West Virginia, Municipal Code Cited as: Municipal Code § xxx-xx (2019). Authorization The City has the sole authority to issue taxicab stand licenses. Licenses are not transferable. Municipal Code § 122-34 (2019). Holders of a certificate of convenience and necessity shall comply with all state laws and rules and regulations. Municipal Code § 122-37 (2019). Employee Conduct Holders of taxicab permits or certificates of convenience and necessity shall not permit any noise or disorderly conduct in their taxicabs. Municipal Code § 122-41 (2019). Compliance Vehicles used for passenger transportation maybe condemned by the chief of police if it is unsafe, insanitary, or unsightly. Municipal Code § 122-40 (2019). Rules and Regulations of Yeager Airport issued by the Central West Virginia Regional Airport Authority Cited as: Rules and Regs. § xxx.x (2015). Authorization All commercial ground transportation operators shall be authorized to operate at CRW by the Yeager Airport Operating Instruction 000-03 or the West Virginia Public Service Commission. Rules and Regs. § 900.1 (2015). Employee Conduct Commercial ground transportation operators shall not solicit on the airport. Rules and Regs. § 900.1(2015).

ACRP LRD 39 89 TNC operators shall obtain TNC permits from the West Virginia Division of Motor Vehicles. TNC operators shall provide a certificate of insurance with limits of at least $50,000 for death or injury per person, $100,000 for death or injury per injury, $25,000 for property dam- age, and an aggregate minimum of $1,000,000. Memorandum from Michael Maggard, Director of Vehicle Services, West Virginia Division of Motor Vehicles to Transportation Network Companies (April 27, 2016). Wisconsin Statewide Chapters 340 to 351 of the 2019 Wisconsin Statutes governs vehicles. Case History Drivers for Quality Cab (Quality) appeal violations of Milwaukee County Ordinance 4.05 that prohibits the operation of taxicabs at the General Mitchell International Airport (MKE) without a MKE permit. The drivers claim that the ordinance is preempted by state law and invalidated by interfering with interstate commerce. The first issue concerns the permit requirement of taxicabs that service prearranged trips. Ordinance 4.05 does not require a permit for limousine that provide prearranged service. The court ruled that Ordinance 4.05 was in conflict with Wis. Stat. § 114.14(3)(b), which provides that the public may not be deprived of equal and uniform use of the airport. MKE’s justifications for requiring taxi permits were only applicable to curbside taxi and not prearranged service. Such justifications include re- ducing curbside and related congestion, improving taxi and customer wait times, and allowing the inspection of a limited number of curb- side taxis. The second issue concerns Ordinance 4.05 limiting the total number of permitted taxicabs at MKE. Wis. Stat. § 349.24(1).17 prohibits the local government from requiring taxicab operators and drivers from procuring a license once they are duly licensed by one local authority. The court ruled that Ordinance 4.05 was not in conflict with the state statute. The purpose of the state statute was to allow taxis to operate through cities without having to obtain a license in each one. In contrast, the purpose of Ordinance 4.05 was to promote safety and efficient ground transportation at MKE. The court vacated Quality’s convictions but also upheld MKE’s right to limit the num- ber of permitted curbside taxicabs. Having resolved the issue on state grounds, the court declined to address the Constitutional issues of interstate commerce interference. County of Milwaukee v. Williams, 732 N.W.2d 770 (Wis., 2007). Wisconsin—General Mitchell International Airport (MKE) Overview MKE is owned and operated by the County of Milwaukee. The Milwaukee County Board of Supervisors is the legislative body oversee- ing MKE. MKE is classified as a primary medium hub airport under the NPIAS. It is ranked number 52nd in the U.S. according to 2017 enplanements. MKE services the metropolitan Milwaukee-Waukesha-West Allis region. According to the U.S. Census, the metropolitan region has a 2018 population of 1,576,113 (ranked 39th). In the local code, MKE is referred to as GMIA (General Mitchell International Airport). Local Milwaukee County Code Cited as: County Code § x.x. (2019).

90 ACRP LRD 39 Definitions and Vehicle Operations Owners and operators of metered taxicabs need to acquire all necessary licenses and permits consistent with Wis. Stats. § 349.24. Taxicab operation at GMIA requires an airport taxicab permit and an airport driver’s permit. The non-legacy Class A permit is valid for three-years and is nontransferable. County Code § 4.05.01(2) (2019). Taxicab operation at GMIA is metered versus by trip. County Code § 4.05.01(1) (2019) Out-of-county shuttle providers need to obtain a certificate of common carrier and approval by the airport director to operate at GMIA. Drivers are required to have a Chauffeur’s special license, and a valid airport driver’s permit. County Code § 4.05.03(2) (2019) The maximum capacity for out-of-county shuttles is 22 passengers. County Code § 4.05.03(2)(a) (2019) In-county shuttle provider(s) have the exclusive service right at GMIA based on a competitive contracting selection process. County Code § 4.05.02 (2019) Courtesy vehicles must be related to the revenue producing activities of lodging, parking lot, or car rental, and the company name must be clearly painted on the vehicles. Transportation must be provided without cost to passengers. County Code § 4.05.04(1) (2019) In order to accommodate high demand for transportation during conventions, special convention permits and contracting could be approved by the airport director. County Code § 4.05.07 (2019) Arranged transportation services include limousines, non-metered taxicabs, out-of-county shuttles, and transportation network companies (TNCs). Arranged transportation incurs per trip charges and are arranged prior to airport arrival. County Code § 4.05.08 (2019) TNCs who operate at GMIA must acquire a permit. County Code § 4.05.08 (2019) Fees The annual taxicab fee is $125. County Code § 4.05.01(2)(f) (2019). Each cab pays a $3 fee whenever it exits with one or more passengers from GMIA. County Code § 4.05.01(2)(i) (2019). The annual out-of-county shuttle fee is $250. County Code § 4.05.03(2)(b) (2019). Each out-of-county shuttle pays a $3 fee per trip. County Code § 4.05.03(3)(c) (2019). Courtesy vehicle permit fee is $500 per vehicle per year except for off-airport rental shuttles which has a permit fee of $150 per vehicle per year. County Code § 4.05.04(2) (2019). Mini-buses (12-23 passengers) and buses (24 or more passengers), not operating on a fixed schedule, must pay a per day fee of $6 and $10, respectively. A bus organization pays $1 per trip plus $0.50 per passenger per trip every month. County Code § 4.05.05(3) (2019). The annual TNC fee is $125. The terms of the TNC permit also specify a per pickup fee. County Code § 4.05.08(2)(c), 4.05.09(1) (2019).

ACRP LRD 39 91 Insurance and Bond Taxicab owner shall provide evidence of insurance for a minimum of $50,000 per accident per single injury or fatality, $100,000 per accident for multiple injuries or fatalities, and $10,000 per accident for property damage. County Code § 4.05.01(3)(a) (2019). Out-of-county shuttle, courtesy vehicle, and arranged transportation operators shall provide evidence of insurance for a minimum of $100,000 per accident per single injury or fatality, $300,000 per accident for multiple injuries or fatalities, and $50,000 per accident for property damage. County Code §§ 4.05.03(3)(a), 4.05.04(3)(a) (2019). In lieu of insurance, an owner shall obtain a bond for $300,000 to guarantee payment of any final judgment. Code § 4.05.01(3)(c) (2019). Safety Taxicabs, shuttles, courtesy vehicles, and buses shall meet all safety standards required by law in keeping in good operating condition and appearance. Code § 4.05.01(4)(a), 4.05.03(5), 4.05.04(5), 4.05.05(5) (2019). Employee Conduct Taxi drivers are restrained from various acts, such as interfering in passenger selection of service, soliciting passengers, loading/unloading outside of designated zones, and double loading. Drivers are to be neat and clean, and well-groomed in appearance. A driver is obligated to take the next passenger when reaching the head of the departure line. County Code §§ 4.05.01(6), (7)(b) (2019). Out-of-country drivers may double load when permitted. County Code § 4.05.03(4) (2019). Parking Taxicabs, out-of-county shuttles, and courtesy vehicles should only be parked in areas designated by the ground transportation coordinator. County Code § 4.05.01(7)(a), 4.05.03(7), 4.05.04(7) (2019). Compliance Any owner, operator or driver of a taxicab, out-of-country shuttle, or courtesy vehicle who fails to comply with the provisions of Chapter 4 of the Code may forfeit the right to operate at GMIA. A hearing could be requested in writing. County Code §§ 4.05.01(8), 4.05.03(8), 40.05.04(8) (2019). Wyoming Statewide Title 31of the 2019 Wyoming Statutes governs motor vehicles. Chapter 20 governs transportation network companies. Case History Overview JAC is owned and operated by the Jackson Hole Airport Board, represented by both the City of Jackson Hole and Teton County. JAC is classified as a primary nonhub under the NPIAS. It is ranked 148th according to 2017 enplanements, which reached a total of 341,662. JAC serves the Jackson Hole area and Teton County region. According to the U.S. Census, Jackson Hole has a population of 10,532. JAC operates within the Grand Teton National Park and is authorized by an agreement between the United States and the Jackson Hole Airport Board in 1983. 16 U.S.C. § 7d (1983). Local The Jackson Hole Airport Board (Board) is authorized by Wy. Stat. § 10-5-101 et seq. (2005) and Chapter 12.16 of the Ordinances of the Town of Jackson to establish rules and regulations for JAC. Rules and Regulations Governing the Operation of the Jackson Hole Airport Cited as: Rules and Regs. § x.x. (2019).

92 ACRP LRD 39 Authorization The airport director implements ground transportation plans to improve safety, convenience, efficiency, flexibility, and dependability. Plans include loading/unloading areas, parking spaces, commercial lanes, provider agreements, and fee structure. Rules and Regs. § 6.1, 6.5 (2019). Exclusive commercial vehicle parking spaces may be subject to a bidding process, and the number and location of spaces may be limited to ensure proper competition. Rules and Regs. § 6.6 (2019). An agreement with JAC is needed to operate commercial vehicles that load/unload passengers at the airport. Rules and Regs. § 6.8 (2019). Operating Rules Since JAC is within a federal national park, ground transportation rates and prices need to conform to 16 U.S.C. § 7d. The Board established rates and prices. Rules and Regs. § 6.10 (2019). Compliance Violations of the rules and regulations may result in revocation or suspension of operating authority. Rules and Regs. § 6.9 (2019).

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Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation Get This Book
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Commercial ground transportation at U.S. airports includes public transit, door-to-door shuttle van service, charter buses, limousines, rental cars, taxicabs, hotel courtesy shuttles, wheel chair services, and courier operators. Technological developments, such as transportation network companies, car-sharing operations, and driverless cars, have added more options and challenges for airport ground transportation operations.

The TRB Airport Cooperative Research Program'sACRP Legal Research Digest 39: Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation builds on ACRP LRD 3: Survey of Laws and Regulations of Airport Commercial Ground Transportation from 2008 and synthesizes available guidance, including regulations, statutes, policies, and case decisions (administrative or court) pertaining to commercial ground transportation.

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