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Updated Survey of Laws and Regulations Applicable to Airport Commercial Ground Transportation (2020)

Chapter: APPENDIX B: EXAMPLES OF FEDERAL TRANSPORTATION LAWS AND REGULATIONS

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Suggested Citation:"APPENDIX B: EXAMPLES OF FEDERAL TRANSPORTATION 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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Page 105
Suggested Citation:"APPENDIX B: EXAMPLES OF FEDERAL TRANSPORTATION 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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Page 105
Page 106
Suggested Citation:"APPENDIX B: EXAMPLES OF FEDERAL TRANSPORTATION 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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Page 106
Page 107
Suggested Citation:"APPENDIX B: EXAMPLES OF FEDERAL TRANSPORTATION 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.
×
Page 107
Page 108
Suggested Citation:"APPENDIX B: EXAMPLES OF FEDERAL TRANSPORTATION 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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Page 108

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104 ACRP LRD 39 APPENDIX B: EXAMPLES OF FEDERAL TRANSPORTATION LAWS AND REGULATIONS U.S. Department of Transportation Compliance The U.S. Department of Transportation’s (DOT) Americans with Disabilities Act (ADA) regulations provide rules such as transportation services for individuals with disabilities and design standards for transportation vehicles, including rail cars. 49 CFR §§ 37-38 (2019). For example, regulations requires that public transportation facility alterations be made in such a manner, to the maximum extent feasible, to be readily accessible and usable by disabled individuals. 49 CFR § 37.43(a)(1) (2019). Federal Motor Carrier Safety Administration Authorization Companies that transport passengers, or arrange for passenger transport, in interstate commerce are required to have interstate operating authority (MC number) in addition to a DOT number. Except for the following 13 states listed, all other states require that intrastate commercial motor vehicle registrants obtain a USDOT number: Arkansas, Delaware, Hawaii, Illinois, Louisiana, Mississippi, New Hampshire, New Mexico, North Dakota, Rhode Island, South Dakota, Tennessee, Vermont, and Virginia. 49 U.S.C. § 13902 (2019). Commercial motor vehicles providing transportation require the proper operating authority. 49 C.F.R. § 392.9a (2019). If a FMCSA regulation imposes a higher standard of care than the laws of the jurisdiction in which it is being operated, then the FMCSA regulation must be complied with. 49 C.F.R. § 392.2 (2019). A commercial motor vehicle driver shall not have more than one commercial motor vehicle driver’s license. To obtain a license, a driver shall meet testing and licensing requirements, such as knowledge and skills, and implied consent to alcohol testing. 49 C.F.R. § 383 (2019). Vehicle Requirements Motor carriers must systematically, inspect, repair, and maintain all motor vehicles. 49 C.F.R. §396.3 (2019). Motor vehicles shall meet FMCSA standards established under section 103 of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718). 49 C.F.R. § 571 (2019). Driver Requirements To promote safety, the Secretary of Transportation is authorized to prescribe requirements for qualifications and maximum hours of service of motor carrier employees. 49 U.S.C. § 31502(b) (2019). Federal rules prohibit operating while impaired though fatigue or illness, operating under the influence of drugs or other substances, and operating within four-hours of having consumed alcohol. 49 C.F.R. § 392.3-5 (2019). Exemptions Transportation of passengers that is incidental to air transportation is exempt from FMCSA regulations so long as the passengers have had or will have an immediately prior or immediately subsequent movement by air, and be within a 25-mile radius of the airport boundary. 49 C.F.R. § 372.117 (2019). Commercial zones are exempt from FMCSA regulations: Albany, N.Y., Beaumont, Tex., Charleston, S.C., Charleston, W.V., Lake Charles, La., Pittsburgh, Pa., Pueblo, Co., Ravenswood, W.V., Seattle, Wa., Washington, D.C., Twin Cities, Lexington-Fayette Urban County, Ky., Syracuse, N.Y., Spokane, Wa., Tacoma, Wa., Chicago, Ill., New York, N.Y., Cameron, Hidalgo, Starr, and Willacy Counties, Tex., New Mexico Commercial Zone, City of El Paso, Tex.. 49 C.F.R. § 372 (2019). Several miscellaneous motor carrier exemptions are listed under 49 U.S.C. § 13506 (2019). These include taxicab service, hotel courtesy, transportation incidental to transportation by aircraft, and transportation entirely in a municipality or in contiguous municipalities.

ACRP LRD 39 105 Motor Vehicle Safety NHTSA establishes and enforces the Federal Motor Vehicle Safety Standards (FMVSS). These standards include crash avoidance (100 series), crashworthiness (200 series), and post-crash survivability (300 series). Examples of standards include seatbelts, air bags, child safety seats, brake systems, flammability of materials, and bumpers. 49 C.F.R. § 571 (2019). Highway Safety NHTSA administers highway safety programs to address areas such as occupant protection, state traffic safety information systems, impaired driving, distracted driving, motorcyclist safety, and young drivers. NHSTSA assists states in implementing their state’s highway safety program. NHTSA also promotes highway safety research and development. 23 C.F.R. §§ 402, 403, 405 (2019). National Driver Register NHTSA maintains the National Driver Register (NDR) through its National Center for Statistics and Analysis. The NDR is a computerized database that contains information on individuals whose driving privilege has been revoked or suspended, and have been convicted of serious traffic-related offenses. 49 C.F.R. ch. 303 (2019). Federal Highway Administration Federal-Aid Program Through the federal-aid program, FHWA seeks to preserve and enhance the surface transportation system for the 21st century. 23 U.S.C. § 101 (2019). The program supports the National Highway System which consists of highway routes and that connect major population centers, including airports and public transportation. 23 U.S.C. § 103 (2019). FHWA provides project oversight and issues approvals to effectively distribute and manage program funds. 23 U.S.C. § 106 (2019). Federal-aid projects are subject to prevailing wage requirements for all laborers and mechanics, including subcontractors. 23 U.S.C. § 113 (2019). FHWA promotes metropolitan transportation planning accounting for regional economic needs and comprehensive transportation activities, including airport operations. 23 U.S.C. § 134 (2019). Federal-aid projects could involve public mass transportation projects, including bus passenger loading areas and facilities. 23 U.S.C. § 142 (2019). Federal Railroad Administration FRA Jurisdiction Under railroad safety laws, FRA has jurisdiction over all railroads, including intercity passenger operations. The jurisdiction includes commuter or other short-haul railroad passenger service in a metropolitan or suburban area. For example, a passenger rail system that primarily transports travelers from the downtown area to an airport would fall under the other short-haul category and not the commuter category. The exception to FRA’s jurisdiction is rapid transit operations in an urban area that are unconnected to the general railroad system. FRA and the Federal Transit Administration (FTA) could have jurisdiction over different portions of a rail line. For example, a rail line could be under FRA’s jurisdiction except for portions of street railway that are not used by conventional railroads. 49 U.S.C. § 20102 (2019). Grant Conditions FRA funding may have grant conditions attached such as Buy America, right-of-way agreement with railroad, and intercity passenger rail replacement. 49 U.S.C. § 22905 (2019). Special Program Amtrak shall issue a reduced fare program for individuals over 65-years of age, individuals with a physical or mental impairment, and employees. 49 U.S.C. § 24307 (2019). Federal Transit Administration Planning Metropolitan transportation planning organizations (MPOs) are critical to the regional coordination of transportation development and the fostering of economic growth. MPOs provides the direction for public transportation with the development of transportation plans. 49 U.S.C. § 5303 (2019).

106 ACRP LRD 39 Jurisdiction Fixed guideway is a public transportation facility with separate right-of-way. Fixed guideway includes rail, fixed catenary, passenger ferry, and bus rapid transit. 49 U.S.C. § 5302 (2019). Rail Fixed Guideway System (RFGS) is under FTA’s and not FRA’s jurisdiction. RFGS includes light, heavy, or rapid rail systems, monorails, inclined plane, funicular, trolley, or automated guideway. 49 C.F.R. pt. 659 (2019). FTA provides fixed guideway capital investment grants to increase existing core capacity or to construct new systems, including bus rapid transit. 49 U.S.C. § 5309 (2019). FTA provides grants to replace, rehabilitate, and purchase buses and to construct bus-related facilities. 49 U.S.C. § 5339 (2019). Compliance FTA sponsored funding prohibits discrimination under a project, program, or activity due to race, color, religion, national origin, sex, disability, or age. 49 U.S.C. § 5332 (2019). FTA financing obligates recipients to follow prevailing wages, including contractors and subcontractors, to enter into employee protective arrangements, such as the preservation of collectively bargained rights, privileges, and benefits. 49 U.S.C. § 5333 (2019).

SPINE = 0.243" Print 3-Page Spread to generate full cover ACKNOWLEDGMENTS This study was performed under the overall guidance of the ACRP Project Committee 11-01. The Committee was chaired by ELIZABETH SMITHERS, Charlotte Douglas International Airport, Charlotte, North Carolina. Members are MONICA R. HARGROVE, Washington, D.C.; JOSEPH HUBER, Cincinnati, Kentucky; D. SCOTT KNIGHT, Tampa, Florida; SARAH MEADOWS, Tucson, Arizona; CLYDE OTIS, Post, Polak, Goodsell, and Strauchler P.A., Roseland, New Jersey; and DANIEL S. REIMER, Denver International Airport, Denver, Colorado. DAPHNE A. FULLER provides liaison with the Federal Aviation Administration, PABLO NUESCH provides liaison with Air- ports Council International—North America, ROBERT J. SHEA provides liaison with the Transportation Research Board, and THERESIA H. SCHATZ represents the ACRP staff. CONTENTS Summary, 3 Review of Airport Regulatory Framework, 5 Overview of Federal Laws and Regulations, 6 United States Department of Transportation, 6 Federal Motor Carrier Safety Administration, 7 Federal Aviation Administration, 7 National Highway Traffic Safety Administration, 8 Federal Highway Administration, 8 Federal Railroad Administration, 8 Federal Transit Administration, 8 Transportation Network Companies, 8 State and Local Laws and Regulations, 11 Alaska, 11 Arizona, 12 California, 14 Colorado, 19 Connecticut, 22 Florida, 23 Georgia, 26 Hawaii, 29 Idaho, 30 Illinois, 32 Indiana, 34 Iowa, 35 Kentucky, 37 Louisiana, 38 Maine, 41 Maryland, 42 Massachusetts, 43 Michigan, 45 Minnesota, 47 Mississippi, 50 Missouri, 52 Montana, 56 Nebraska, 57 Nevada, 58 New Hampshire, 59 New Jersey, 61 New Mexico, 63 New York, 64 North Carolina, 65 North Dakota, 67 Ohio, 68 Oklahoma, 69 Oregon, 71 Pennsylvania, 72 Rhode Island, 74 South Carolina, 75 Tennessee, 77 Texas, 78 Utah, 81 Virginia, 83 Washington, 85 West Virginia, 88 Wisconsin, 89 Wyoming, 91 APPENDIX A: U.S. NPIAS Primary Commercial Airports, 93 APPENDIX B: Examples of Federal Transportation Laws and Regulations, 104 2 ACRP LRD 39 033000 ACRP LRD 39 Final cover.indd 4-6 11/3/20 9:10 AM

SPINE = 0.243" Print 3-Page Spread to generate full cover These digests are issued in order to increase awareness of research results emanating from projects in the Cooperative Research Programs (CRP). Persons wanting to pursue the project subject matter in greater depth should contact the CRP Staff, Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine, 500 Fifth Street, NW, Washington, DC 20001. Subscriber Categories: Aviation • Passenger Transportation • Law Transportation Research Board 500 Fifth Street, NW Washington, DC 20001 033000 ACRP LRD 39 Final cover.indd 1-3 11/5/20 9:53 AM

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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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