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HomeMy WebLinkAboutOrdinance 10748C, C r j ORDINANCE N0. l~/ AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, PURSUANT TO ARTICLE 46d-14, REVISED CIVIL STATUTES OF TEXAS, APPROVING RESOLUTION N0. 90-175 OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH REPEALS CHAPTER 5, "BUS AND LIMOUSINE RULES AND REGULATIONS" OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD CODE OF RULES OF REGULATIONS AND ADOPTS IN LIEU THEREOF CHAPTERS 5A (SHARED RIDE), 5B (SCHEDULED SHUTTLE), SC (BUS) AND 5D (LIMOUSINE), WHICH CHAPTERS REFLECT REVISED REQUIRE- MENTS FOR OPERATING AUTHORITY, INSURANCE, OPERATING PROCEDURES, DESIGNATED HOLDING STANDS, AND DRIVER PERMIT STANDARDS, CONDUCT AND SOLICITATION FOR GROUND TRANSPORTATION SERVICES AT THE AIRPORT; PROVIDING FOR A FINE OF NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR ANY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ENROLLMENT AND ENGROSSMENT BY THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8.F. of the 1968 Contract and Agreement, as amended, between the City of Dallas, Texas, and the City of Fort Worth, Texas, provides that the Da11as1Fort Worth International Airport Board shall have the power, by a duly adopted order, to adopt and enforce rules and regulations for the orderly, safe, efficient and sanitary operation of the Airport and to prescribe reasonable penalties for the breach of any rule or regulation not to exceed a Two Hundred Dollar ($200.00) fine; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and Section 8.F of the 1968 Contract and Agreement, as amended, provide that such orders by the Dallas/Fort Worth International Airport Board shall become effective only upon approval by the governing bodies of the Cities of Dallas and Fort Worth and proper publication; and Fp r t i WHEREAS, pursuant to the foregoing, the Dallas/Fort Worth International Airport Board, on May 3, 1988, passed, approved, and ordered Resolution No. 88-111, adopting the 1988 Revised Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, which regulates traffic, travel, and conduct within the Dallas/Fort Worth International Airport and estab- lishes certain procedures for the adoption of additional rules, regulations and orders; and WHEREAS, the City Councils of the. Cities of Dallas and Fort Worth subsequently adopted ordinances approving the adoption of Resolution No. 88-111 in order that the 1988 Revised Code of Rules and Regulations could become effective as provided by law; and WHEREAS, the Dallas/Fort Worth International Airport Board, on the 2nd day of October, 1990, adopted Resolution 90-175 which repealed Chapter 5, "Bus and Limousine Rules and Regulations" of the Dallas/Fort Worth International Airport Code of Rules and Regulations, and adopted in lieu thereof Chapter 5A (Shared- Ride), Chapter 5B (Scheduled Shuttle}, Chapter 5C (Bus), and Chapter 5D (Limousine), which chapters reflect revised require- ments for operating authority, insurance, operating procedures, designated holding stands, and driver permit standards, conduct and solicitation for ground transportation services at the Airport; and WHEREAS, the Airport Board has requested the City Councils of the Cities of Dallas and Fort Worth to approve its said Resolution No. 90-175 in order that it may become effective; 2 ~~ e ~h i j ~ : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 90-175 of the Dallas/Fort Worth International Airport Board, a copy of which is attached hereto as Exhibit "A" and made a part of this ordinance by reference, is hereby approved, repealing Chapter 5, "Bus and Limousine Rules and Regulations" of the Dallas/Fort Worth International Airport Code of Rules and Regulations, and adopting in lieu thereof Chapter 5A (Shared-Ride), Chapter 5B (Scheduled Shuttle}, Chapter 5C (Bus), and Chapter 5D (Limousine) for ground transpor- tation services at the Airport. SECTION 3. That after publication of a substantive statement relating to the contents of Resolution No. 90-175 of the Dallas/Fort Worth International Airport Board i.n a newspaper of general circulation in each of the counties of Dallas and Tarrant, stating that a breach of any provision of Resolution No. 90-175 will subject the violator to a penalty, and stating that the full text of Resolution No. 90-175 and any attachments to it are on file in the principal office of the Airport Board to be read by any interested party, Resolution No. 90-175 shall thereafter have the 3 '2Y' f j same force and effect within the boundaries of the Dallas/Fort Worth International Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Fort Worth are enforced. SECTION 4. That the sections, paragraphs, sentences, clauses, and phrases of this ordinance and Resolution No. 90-175 are sever- able, and if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional or invalid by the valid judg- ment or decree of any court of competent jurisdiction, the uncon- stitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance or Resolution No. 90-175, since the same would have been enacted without the incorporation of any unconstitu- tional phrase, clause, sentence, paragraph, or section. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance or Resolution No. 90-175 shall be fined not more than Two Hundred Dollars ($200) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Fart Worth, Texas, are expressly saved as to any and all violations of the provi- 4 .. sions of any other ordinances affecting the Code of Rules and Regulations of the DallaslFort Worth International Airport Board which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause anti effective date of this ordinance for two days in the official newspaper of the City of Fort worth, Texas, as authorized by Texas Local Government Code, Section 52.013. SECTION 8. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause and effective date in the minutes of the City Council and by filing this ordinance in the ordinance records of said City. SECTION 9. That this ordinance shall take effect immediately from and after its passage and publication as required by law, in accor- 5 .^ h dance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: Deputy City Attorney Date: ADOPTED : ~~ ' ~~ s ~(~ EFFECTIVE: 6 RESOLUTION NO. 90-175 WHEREAS, the development of Shared-Ride and Scheduled Shuttle transportation services at DFW has rendered Chapter 5, "Bus and Limousine Rules and Regulations" of the Dallas-Fort Worth International Airport Code of Rules and Regulations inadequate to regulate ground transportation services at DFW Airport; and WHEREAS, it has been recommended that Chapter 5 be repealed and replaced with separate chapters addressing each separate type of ground transportation service operating at the Airport; and WHEREAS, Chapter 5 will now be replaced by Chapter 5A (Shared- Ride) ; C2^_apter 5B {Scheduled Shuttle) ; Chapter 5C (Bus) ; and Chapter 5D (Limousine) all attached hereto; and WHEREAS, these new Chapters contain revised requirements for operating authority, insurance, operating procedures, designated holding stands, as well as standards for driver permitting, conduct and solicitation; and WHEREAS, these new Chapters will allow more effective enforcement, more efficient curbside utilization and improved traffic flow. NOW THEREFORE, BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD: SECTION 1. That, subject to approval by the City Councils of Dallas and Fort Worth, Chapter 5 "Bus and Limousine Rules and Regulations" of the Dallas-Fort Worth International Airport Board Code of Rules and Regulations is hereby repealed and replaced by the attached and above-referenced Chapters 5A (Shared Ride), 58 (Scheduled Shuttle), 5C (Bus) and 5D (Limousine). SECTION 2. That the Executive Director be and is hereby directed to seek approval of the repeal of Chapter 5 of the DFW Airport Board Code of Rules and Regulations and its replacement by the attached Chapters 5A, 5B, 5C and 5D from the Dallas and Fort Worth City Councils and from the City Councils of any city in whose boundaries the attached Chapters will be enforced. SECTION 3. That the City of Dallas, through its Transportation Regulation Division or successor agency, be authorized to enforce the above-referenced and attached Chapters 5A, 5B, 5C and 5D. L• XI:IBIT "A" c SECTION 4. That this resolution shall take effect immediately upon its passage. T~-~~ ~ - -, - .. ~ Department rector Director of Finance Executive Director APPROVED AS TO FORM: ~^ _ Legal unsel to the Board Attachment 0500-90 - 2 - 0 r SHARED-RIDE SERVICE CHAPTER 5A Revised 09-13-90 ;~. ARTICLE I. GENERAL PROVISIONS SECTION 1-1. STATEMENT OF POLICY SECTION 1-2. GENERAL AUTHORITY FOR ENFORCEMENT SECTION 1-3. EXEMPTIONS SECTION 1-4. DEFINITIONS SECTION 1-5. ESTABLISHMENT OF RULES AND REGULATIONS SECTION 1-6. ESTABLISHMENT OF PROCEDURES ARTICLE II. OPERATING AUTHORITY SECTION 2-1. OPERATING AUTHORITY REQUIRED SECTION 2-2. APPLICATION FOR OPERATING AUTHORITY SECTION 2-3. LIMITATIONS OF OPERATING AUTHORITY SECTION 2-4. AMENDMENTS TO OPERATING AUTHORITY SECTION 2-5. RENEWAL OF OPERATING AUTHORITY SECTION 2-6. DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL. SECTION 2-7. SUSPENSION AND REVOCATION OF OPERATING AUTHORITY SECTION 2-8. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION SECTION 2-9. FEES; ANNUAL ISSUANCE; SUPPLEMENTAL VEHICLES; REFUNDS SECTION 2-10. DRIVERS d SECTION 2-11. ADVERTISEMENT OF SHARED-RIDE SERVICE SECTION 2-12. INSURANCE; SUSPENSION OF PERMIT SECTION 2-13. HOLDERS RECORDS AND REPORTS SECTION 2-14. MISCELLANEOUS ARTICLE III SHARED-RIDE DRIVERS SECTION 3-1. SHARED-RIDE SERVICE DRIVER'S PERMIT REQUIRED SECTION 3-2. QUALIFICATIONS FOR SHARED-RIDE SERVICE DRIVER'S PERMIT SECTION 3-3. APPLICATION FOR SHARED-RIDE SERVICE DRIVER'S PERMIT SECTION 3-4. INVESTIGATION OF APPLICATION SECTION 3-5. ISSUANCE AND DENIAL OF SHARED-RIDE SERVICE DRIVER'S PERMIT SECTION 3-6. EXPIRATION AND VOIDANCE ON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE. SECTION 3-7. PROVISIONAL PERMIT SECTION 3-8. PERMIT TO BE KEPT IN DRIVER'S FOSSESSION. SECTION 3-9. DUPLICATE PERMIT SECTION 3-10. SURRENDER OF PERMIT SECTION 3-11. SUSPENSION BY A DESIGNATED REPRESENTATIVE SECTION 3-12. SUSPENSION OF SHARED-RIDE SERVICE DRIVER'S PERMIT SECTION 3-13. REVOCATION OF A SHARED-RIDE SERVICE DRIVER'S PERMIT ~, SECTION 3-14. SHARED-RIDE OPERATION AFTER SUSPENSION OR REVOCATION SECTION 3-15. APPEAL FROM DENIAL, SUSPENSION, OR REVOCATION SECTION 3-16. NONTRANSFERABILITY SECTION 3-17. CURRENT MAILING ADDRESS OF DRIVER ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-l. HOLDER'S AND DRIVER'S DUTY TO COMPLY SECTION 4-2. HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS SECTION 4-3. DRIVER AS EMPLOYEE SECTION 4-4. INSURANCE SECTION 4-5. HOLDER'S SERVICE RESPONSIBILITIES SECTION 4-6. INFORMATION TO BE SUPPLIED UPON REQUEST OF THE ADMINISTRATOR ARTICLE V SERVICE RULES AND REGULATIONS SECTION 5-1. PARKING SECTION 5-2. REGULATIONS FOR USE OF HOLDING STANDS SECTION 5-3. LOADING AND DISCHARGE OF PASSENGERS SECTION 5-4. CRUISING SECTION 5-5. SOLICITATION AND ACCEPTANCE OF PASSENGERS SECTION 5-6. CONDUCT OF DRIVER SECTION 5-7. RETURN OF PASSENGER'S PROPERTY SECTION 5-8. SHARED-RIDE SERVICE SECTION 5-9. NOT-FOR-HIRE STATUS OF SHARED-RIDE VEHICLES ARTICLE VI FARES SECTION 6-1. RATES OF FARE; RECEIPTS ARTICLE-VII VEHICLES AND EQUIPMENT SECTION 7-l. VEHICLE REQUIREMENTS AND INSPECTIONS SECTION 7-2. VEHICLE EQUIPMENT SECTION 7-3. DECALS' SECTION 7-4. FALSE REPRESENTATION AS A SHARED-RIDE SERVICE ARTICLE VIII ENFORCEMENT SECTION 8-1. AUTHORITY TO INSPECT SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY SECTION 8-3. CORRECTION ORDER SECTION 8-4. SERVICE OF NOTICE SECTION 8-5. CRIMINAL OFFENSES. SECTION 8-6. ADMINISTRATIVE FINES ~~w SHARED-RIDE SERVICE Draft Revision 09-13-90 ARTICLE I. GENERAL PROVISIONS ~J SECTION 1-1. STATEMENT OF POT+ICY It is the policy of the Dallas/Fort Worth International Airport Board and the cities of Dallas and Fort Worth to provide for and promote adequate and efficient Shhared-Ride Services at Dallas/Fort Worth International Airport. To this end, Rules and Regulations provide for the monitoring of Shiared-Ride Services at the Airport to be carried out in a manner t2nat protects the public health and safety, promotes the public convenience and necessity, and respects the concept of free entezprise. SECTION 1-2. GENERAL AIITHORITY FOR ENFORCEMENT The Director of Transportation for the City of Dallas is designated as the Administrator of the Dallas/Fort Worth International Airport for Shared--Ride Services and shall implement and enforce this chapter and may by written order establish such rules or regulations, not incdnsistent with this chapter, as determined necessary to discharge his duty under, or to effect the policy of this chapter. SECTION 1-3. EXEMPTION (1) These Rules and Regulations do not apply to a Shared-Ride Service Vehicle or Person operating a Shared-Ride Se ice Vehicle that is: (a) owned by a nonprofnt organization and carrying only passengers associated with that organization, if no compensation is received from any other person fir carrying the passengers; or (b) provided by an employer or employee association for use in transporting employees between the employees' homes and the employer's place of business or between workstations, with the employees reimbursing the employer or employee association in the amount calculated only to offset the reasonable expenses of operating the Shared-Ride Service Vehicle. (2) Articles III and VII of these Rules and Regulations do not apply to: (a) the Driver of a Shared-Ride service Vehicle operated under authority granted by the Interstate Commerce Commission to operate a regularly scheduled route, if the Driver is operating within the scope of his employment; or 1 ,,, (b) a Shared-Ride Service Vehicle operated under authority granted by the Interstate Commerce Commission to operate a regularly scheduled route. (c) It is not a defense to prosecution that the Person was operating a vehicle granted a certificate issued by the Texas Railroad Commission, or granted operating authority by the Interstate Commerce Commission for an irregularly scheduled route. (3} These Rules and Regulations, except for sections 5-1 through 5-6, do not apply to a Shared-Ride Service that is owned by the federal or state government or by a political subdivision of the state.. A Person or vehicle exempted under this subsection is subject to a fee, in an amount to be designated by the Airport board, for operating at the Airport and using the shared-ride Holding Stands. BECTION 1-4. DEFINITIONS (1) ADMINISTRATOR means the Director of Transportation for the City of Dallas, the director's authorized representative or a designated representative appointed by the D/FW Airport Board. (2) AIRPORT means the Dallas/Fort Worth International Airport. (3 ): AIRPORT BOARD means the Dallas/Fort Worth International Airport Board, the governing body of the Airport. (4) CONTIGUOUS means abutting, adjacent, adjoining, bordering, and when concerning shared-ride sectors, any address that can reasonably be determined to be on route to a final Destination. (5) CONVICTION means a Conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. (6) DESTINATION means an exact and separate place, point, or address located within a sector or on a route serviced by a Shared-Ride Service. (7) DRIVER means an individual who drives or operates a Shared-Ride Serves Vehicle. (8) HOLDER shall mean an individual partnership, corporation, joint venture or other legal entity or relationship granted Operating Authority to provide Shared-Ride Service at the Airport, or his designated agent. 2 (9) HOLDING STAND means a public place reserved exclusively for use by Shared-Ride Service Vehicles and includes all authorized Shared-Ride Service, queuing, loading, and holding areas. (10) LAWFUL ORDER shall mean a verbal or written directive issued by the Administrator or the Administrator's duly authorized representative in the performance of their duties in the enforcement of the Rules and Regulations authorized by this article. (li) LEGAL RESIDENT means a citizen of the United States or a Person residing in the United States in accordance with federal immigration laws. (12) OPERATE means to drive or to be in control of a Shared-Ride Service Vehicle. (13) OPERATING AUTHORITY means permission granted by the Administrator to operate a Shared-Ride Service at the Airport. (14) OPERATOR means the Driver of a Shared-Ride Service Vehicle, the Owner of a Shared-Ride Service Vehicle, or the Holder of Shared-Ride Service Operating Authority. (15) OWNER shall be presumed to mean the Person to whom state license plates for a vehicle have been issued. (16) PERSON means an individual, corporation, government or governmental subdivision, or an agency, trust, partnership of two or more Persons having a point or common economic interest. (17) PRE-APPROVED means a request for service that was initiated by a Person contacting the Shared-Ride Service dispatcher by radio, the Airport ground transportation telephone system or other means and informing them of a need for service at a single terminal at the Airport. (18) PRE-ARRANGED means an appointment made by a Shared-Ride service with a passenger to provide service, that was initiated by a Person contacting the Shared-Ride Service by telephone, correspondence or other oral or written communication. (19) RULES AND REGULATIONS means the Shared-Ride Service Rules and Regulations established under Chapter 5A, "Shared-Ride Service Rules and Regulations", of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. (20) SERVICE AREA means the area made up of the counties of Dallas, Tarrant, Southeast Denton and Southwest Collin. ~'" 3 (21) SHARED-RIDE SERVICE PERMIT means a permit issued pursuant to this section authorizing Shared-Ride Service transportation at D/Fw Airport. (22) SHARED-RIDE SERVICE means the business of offering transportation for hire by a van-type vehicle on a Pre-arranged or Pre-approved basis in which: (a) a Driver employed by the company is included as a part of the service; (b) the entire Service Area is covered; (c) a minimum fleet size of 25 van-type vehicles exists; (d) all drivers are dressed in a uniform or item of apparel that clearly distinguishes them as an employee of the service for which they drive from all other services authorized by this section; (e) a 24-hour, 7-day per week dispatching/reservation system is maintained; (f) a two-way radio communication system is maintained at all times; and (g) a recording device with multi-channel recording and dual capabilities for backup purposes is maintained. (23) SHARED-RIDE SERVICE VEHICLE means a van-type vehicle with a manufacturer's rated seating capacity of not less than seven nor more than it passengers including the Driver for the transport of Persons operating on a Pre-arranged or Pre-approved basis. (24) SHARED-RIDE SERVICE DRIVER'S PERMIT means a permit issued to an individual by the Administrator authorizing that individual to operate a Shared-Ride Vehicle at the Airport. (25) TERMINAL AREAS means the roadways, parking lots, curbside zones, and sidewalks servicing the arrival and departure areas of the Airport terminals including but not limited to Terminals 2W, 2E, 3E, 4E; and, the roadways, parking lots, curbside zones, and sidewalks servicing the Airport hotels at 3E and 3W. SECTION 1-5. ESTABLISHMENT OF RIILEB AND REGIILATIONB (1) Before adopting, amending or repealing a rule or regulation, the Administrator shall hold a public hearing on the proposal. The Administrator shall fix the time and place of the hearing and shall notify each Holder and such other Persons as the Administrator detenaines maybe interested in the subject matter of the hearing. 4 (2) After the public hearing the Administrator shall notify the Holders and other interested Persons of any action adopting, amending or repealing a rule or regulation and shall post a notice of such action in one or more conspicuous places including the DFW International Airport Transportation Regulation office. Such posting must continue for a period not fewer than ten days. The action shall become effective immediately upon expiration of the posting period. SECTION 1-6. ESTA8LI88MENT OF PROCEDIIREB The Administrator may by written order establish procedures not inconsistent with the Rules and Regulations which he determines are necessary to discharge his duty to implement the Rules and Regulations. ARTICLE II. OPERATING AUTHORITY SECTION 2-1. OPERATING AIITgORITY REQIIIRED (1) A Person or Owner shall not operate a Shared-Ride Service for the transport of Persons for hire at D/FW Airport without a permit granted under this article. (2) A Person or Owner shall not transport a passenger for hixe or solicit the transport of a passenger for hire by Shared-Ride Service at D/FW Airport unless the Person driving the vehicle or another who employs the Driver holds a valid permit issued under this article. (3) It is NOT a defense to t~3te prosecution that the Shared-Ride Service originated the trip in another city, bringing passengers into the D/FW Airport to be returned to their original location. SECTION 2-Z. APPLICATION FOR OPERATING AUTHORITY (1) To obtain issuance of a Shared-Ride Service permit, a Person shall submit an application on a form provided by the Administrator and a non-refundable. fee of $150 for processing the application to the Administrator. The applicant must be the Person who owns, pr will own , th® proposed service and the application must be verified and contain the following: (a) the form of business and copies of any documents establishing the business, and the name, address, and citizenship of each Person with direct interest in the ownership of the businesst (b) complete name, address, and a notarized signature of the applicantt a. 5 (c) a description of any past business experience of the applicant, particularly in providing passenger transportation services, and an identification and description of any revocation or suspension of a permit held by the applicant or business before the date of filing the application; (d) a list verifying that a minimum of 25 van-type vehicles shall begin the service, which list shall include a complete description of each such vehicle, including year, make, model, manufacturer's rated seating capacity, motor identification number and state license registration; (e) a description of the service to be offered that includes a map of the entire Service Area divided to indicate the sectors and instructions that should be followed to obtain the. service to; (f) exact rates to be charged for the service; (g) documentary evidence satisfactory to the Administrator from an insurance company, authorized to do business in the state of Texas, indicating a willingness to provide liability insurance required by this section; (h) proof of application to the D/FW Properties and Facilities Department to be included on the D/FW Ground Transportation Board (1) a Holder shall have 30 days after receiving shared-ride service Operating Authority to pay all fees and meet all requirements of the D/FW Properties and Facilities Department, and be included on the D/FW Ground Transportation Board at the Airport. (2) A Holder shall maintain and keep current any information contained on the D/FW Ground Transportation Board; (i) proof of application to the FCC for a radio dispatching service license as required by U.S. Federal law; and (j) such additional information as the Administrator may consider necessary to assist or promote the implementation or enforcement of these Rules and Regulations for the protection of the public safety, or to meet any other local, state or federal laws, rules, regulations or guidelines. (2) Upon receipt of an complete application for a permit, the Administrator shall promptly notify in writing, all other Persons holding an permit to operate a Shared-Ride Service at D/FW Airport informing them of the application, and notifying them that the application may be reviewed at the D/FW Airport Transportation Regulation office, for a period not to exceed 10 days from the date of application. 6 r (3 ) Within 45 days after notification to existing companies of the proposed application, the Administrator shall approve or deny issuance of a Shared-Ride Service permit provided no protests have been filed. (a) Upon receipt of a protest, the Administrator shall hold a public hearing on the proposed service to determine whether the applicant's proposed service interferes with or adversely affects existing Shared-Ride Services ttt3~tr by increasing curbside or traffic congestion at the Airport. (b) The Administrator shall fix the time and place of the hearing and shall notify each Holder and such other Persons as the Administrator determines maybe interested in the subject matter of the hearing. (4) The Administrator shall deny issuance of a Shared-Ride Service permit if he finds that: (a) the public convenience and necessity do not require or are not otherwise served by the proposed service. (b) the applicant failed to comply with all requirements of this section; (c) the applicant or any Person holding an ownership interest in the application has been convicted twice within a two-year period of a violation of these Rules and Regulations; (d) the applicant made a false statement as to a material. matter in the application for permit; (e) the applicant or any Person holding an ownership interest in the application has been finally convicted of a violation of a city, state, or federal law that would reasonably tend to indicate that the applicant is not fit to perform a shared-ride shuttle service; or (f) the applicant's Shared-Ride Service permit has been revoked within a two year period prior to the date of application. SECTION 2-9. LIMITATIOATB OF OPERATING AIITHORITY (1) When issued, a permit shall only provide Operating Authority for the operation of a Shared-Ride Service at the Airport. (2) A permit, when issued shall contain conditions as determined necessary by the Administrator to protect the public health, safety and welfare, including but not limited to: 1 Y• (a) number and type of vehicles to be used in the permitted service; vehicle; service; (b) number of passengers that may be transported in each (c) maximum rates to be charged for the permitted (d) operating procedures; and (e) special conditions or restrictions. (3) A Person commits an offense if he fails to comply with conditions placed on the permit under which he is operating a Shared-Ride Service. SECTION 2-4. AMENDMENTS TO OPERATING AIITHORITY (1) A Holder desiring to amend the terms or conditions of its permit shall submit a written request to the Administrator. A non-refundable amendment fee in accordance with the Dallas/Fort Worth Airport Board schedule of charges, as amended , must accompany a request for any material change to the Operating Authority. The request shall include: (a) the nature of the proposed change; (b) the date the proposed change is to take effect. (2) The Administrator may approve an amendment unless it is in violation of or inconsistent with the provisions of the Rules and Regulations. (3) Amendments to a Shared-Ride Service permit to increase the number of authorized vehicles or change rates may be made by the Administrator only upon written application and payment of any additional fees that may be required. (4) If a Shared-Ride Service experiences vehicular problems which require additional vehicles to either maintain the 25 vehicle minimum or provide additional service, for a period not to exceed 10 days, the service may request a temporary amendment for supplemental vehicles by submitting a written application to the Administrator. The application must state the reason supplemental vehicles are needed and identify all vehicles to be used. Supplemental vehicles authorized must comply with insurance requirements, vehicle requirements, permit fees, and any other requirements of this section. The supplemental vehicles are subject to inspection by the Administrator, who may at anytime order unsafe vehicles to be removed from service. ,~ 6ECTION 2-5. RENEWAL OF OPERATING AIIT80RITY (1) A penait Holder shall apply for renewal at least 30 days before expiration of the permit. (2) Within a reasonable time after the date of application, the Administrator shall approve or deny the application for renewal. (3) The. Administrator shall renew the Operating Authority if the Administrator determines that: (a) the permit Holder has performed satisfactorily under the terms of the permit; (b) the service provided continues to be necessary for or to otherwise serve the public convenience and necessity; (c) the permit Holder has complied with all requirements, rules, procedures and regulations. 8ECTION 2-6. DENIAL OF APPLICATION FOR 288IIANCE OR RENEWAL. The Administrator shall. deny issuance or renewal of a Shared-Ride Service permit if he determines that the applicant or any Person holding an ownership interest in the applicant has: (1) made a false statement as to a material matter in the application for permit renewal; (2) failed to comply with the terms and conditions of the permit for which application for renewal is made; (3 ) been finally convicted of violating another city, state or federal law which would reasonably tend to indicate that the Holder is not fit to perform a Shared.-Ride Service; or (4) been finally convicted either twice, suspended twice, or convicted once and suspended once, for a violation of the Rules and Regulations, or procedures within the preceding two years; (5) had its Shared-Ride Service Operating Authority revoked within the preceding 2 years. SECTION 2-7. BOBPENBION AND REVOCATION OF OPERATING AOTHORITY (1) The Ad~ainistrator may suspend or revoke a Shared-Ride Service permit, or set an administrative fine (except as to (1)(d) ereof) within the limits provided by law, if he determines that the Holder has; 9 (a) made a false statement as to a material matter in an application for issuance or renewal of Operating Authority; (b) failed to comply with the provisions of these Rules and Regulations and7~or procedures. or Lawful Orders established by the Administrator pursuant to Section 1-2 of these Rules and Regulations. (c) failed to comply with conditions set forth in the permit; (d) has been finally convicted of a violation of another City, State or Federal Law which indicates lack of fitness of the Holder to perform a Shared-Ride Service; (e) failed to pay all required fees; or (f) failed to surrender scrip tickets for the payment of fees prescribed in Section 2-9 in the manner approved by the Administrator. (2) The Administrator may suspend a Holder's permit for a period not to exceed 60 days or set an administrative fine in accordance with Section 8-7. At the end of the suspension period, the Holder may resume operating at the Airport, providing the deficiency causing the suspension has been corrected by the Holder. (3) A Holder whose Operating Authority has been revoked shall not reapply for Operating Authority before the expiration of 24 months from the date of revocation, or in the case of an appeal, the date the appeal hearing officer affirms the revocation. SECTION 2-8. APPEAL OF DENIAL, 8IISPENSION, OR REDOCATION (1) If the Administrator denies issuance or renewal of Shared-Ride Service Operating Authority, suspends or revokes Shared-Ride Service Operating Authority, denies issuance or renewal of a Shared-Ride Service Driver's Permit, suspends a Shared-Ride Service Driver's Permit or revokes a Shared-Ride Service Driver's Permit, or issues a correction order, the action is final, unless within 10 days of receiving written notice of the action, the effected applicant, Holder, or Driver files an appeal in writing with the executive director of the Airport specifying the reason for the appeal. (2) The Executive Director of the Airport or hie designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this section and the hearing officer shall make his ruling on the basis of a preponderance of evidence presented at the hearing. 10 k~ (3) The hearing officer may affirm, modify, or reverse all or part of the action or order of the Administrator being appealed. The decision of the hearing officer is final unless the action appealed from is a suspension, revocation or denial of a Person's license, operating Authority or permit because of the Person's prior Conviction of a crime and the crime's relationship to the license, Operating Authority or permit. In that event, the appealing party may seek judicial review of the action by the hearing officer in the State District Court pursuant to Texas Revised Civil Statues Annotated, Article 6252-13d. 6ECTION 2-9. FEES= ANNUAL I88IIANCE; SUPPLEMENTAL VEHICLES; REFIINDS (1) The annual fee for a shared-ride service permit shall be established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. Fees shall be paid to the Administrator before Operating Authority is issued. (2) If a company is authorized to operate more than one type of transportation service, a separate permit fee must be paid for each type of permit held. (3) A Shared-Ride Operating Authority permit may be issued for a duration of no more than one year and shall expire on October 31 of each year unless otherwise designated in the Operating Authority. If a permit is issued for a length of time less than one year, the fee shall be prorated on the basis of _the number of days in the month: (4) A permit amended to increase the number of vehicles used shall require the Administrator to compute and collect an adjusted amount for the fee as a result of the increase. The fee for a temporary permit amendment authorizing supplemental vehicles shall be computed at the rate of $20 per vehicle. (5) No refund of an annual permit fee shall be made. (6) Each vehicle to be used shall be inspected and issued a decal in accordance with Section 7-4 by the Administrator. The fee for such inspection shall be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges. (7) In addition to the annual fee required in Subsection (1) and the inspection fee required in Subsection (6), the Holder of Shared-Ride Service Operating Authority shall pay exit fees in accordance with the Dallas/ Worth International Airport Board Schedule of Charges, as amended, in a manner prescribed by the Administrator, each time a Shared-Ride Service Vehicle exits the Airport. li SECTION 2-10. DRIVERS (1) A Person shall not drive a vehicle engaged in Shared-Ride Service unless the Person has a valid Shared-Ride Serviee Driver's Permit. (2) A Holder of a Shared-Ride Service Permit shall not employ or otherwise allow a Person to drive for hire a vehicle owned, operated or controlled by the Holder unless the Person has a valid Shared-Ride Service Driver's Permit. SECTION 2-11. ADVERTISEMENT OF SHARED-RIDE SERVICE (1) A Person commits an offense if he advertises or causes to be advertised the operation of a Shared~Ride Service at D/FW Airport that does not have a valid permit granted under this article, when the advertisement is reasonably calculated to be seen by Persons seeking such service at D/FW Airport. (2j It is a defense to the prosecution under Subsection (1) that the Person was the publisher (but not the owner) of the advertising material and had no knowledge that the service was not permitted under this article. SECTION 2-12. INSIIRANCEf BIISPENSION OF PERMIT (aj A Holder shall procure and keep in full force and effect a policy of liability insurance as specified in Section 4-4. (b) Operating Authority will not be granted or renewed unless the applicant or Holder furnishes the required proof of insurance to the Administrator in such manner or form as the Administrator considers necessary in order to determine whether the applicant or Holder is adequately insured as specified in Section 4-4. SECTION 2-13. HOLDERS RECORDS AND REPORTB (1) Each Holder shall maintain at a single location such categories of its business records of its service as the Administrator may prescribe. (2) The method used in maintaining the records must be approved by the Administrator and the Administrator may require maintenance of certain records which he determines necessary for monitoring the activities, operations, service or safety record of a Holder. (3) A Holder shall maintain a record of the Driver of each Shared-Ride Service Vehicle. The records shall include the name of each Driver who has operated the Shared-Ride Service Vehicle and the dates and times of each driver's operation of the vehicle. 12 (4) A Holder shall make such records available for inspection by the Administrator, or provide the Administrator with information contained in those records upon request. SECTION 2-1~. MISCELLANEOIIB (a) An applicant or Holder under this article shall not allow the payment of any fees required by these Rules and Regulations to become delinquent or past due. (b) A Holder's operating Authority, permit, emblem, or decal is not transferable. (c) Drivers of Shared-Ride Service Vehicles must qualify and be penaitted for a Shared-Ride Service Driver's Permit. ARTICLE III SHARED-RIDE DRIVERS SECTION 3-1. SHARED-RIDE SERVICE DRIVER'S PERMIT REQQIRED (1) A Person shall not operate a Shared-Ride Service Vehicle at the Airport without a valid Shared-Ride Service Driver's Penait issued to the Person under this article. (2) A Holder of a Shared-Ride Service Permit shall not employ or otherwise allow a Person to operate in Shared-Ride Service s Vehicle owned or controlled by the Holder unless the Person has a valid Shared-Ride Service Driver's Permit issued under this article. {3) It is NOT a defense to prosecution that the Person was operating a vehicle granted a certificate issued by the Texas Railroad Commission, or granted Operating Authority by the Interstate Commerce Commission for an irregularly scheduled route SECTION 3-2. QIIALIFICATIONB FOR SHARED-RIDE SERVICE DRIVER'S PERMIT (1) To qualify for a Shared-Ride Service Driver's Permit an applicant must: (a) be at least 19 years of age; (b) be currently authorized to work full-time in the United States; (c) hold a valid driver's license issued by the State of Texas; 13 r (d) be able to communicate effectively in the English language; (e) not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; (f) not have been convicted of more than four moving traffic violations arising out of separate transactions; (within any 12 month period during the preceding 36 months.); (g) not have been involved in more than two motor vehicle accidents in which it could be reasonably determined that the applicant was at fault (within any 12 month period during the preceding 36 months); (h) not have been convicted of a crime; (A) involving; (i) criminal homicide as described in Chapter 19 of the Texas Penal Code; (ii) kidnapping as described in Chapter 20 of the Texas Penal Code; (iii) a sexual offense as described in Chapter 21 of the Texas Penal Code; (iv) an assaultive offense as described in Chapter 22 of the Texas Penal Code; (v) robbery as described in Chapter 29 of the Texas Penal Code; (vi) burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a Person with whom the applicant came in contact while engaged in a passenger transportation service; (vii) theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a Person with whom the applicant came in contact while engaged in a passenger transportation service; (viii) fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a Person with whom the applicant came in contact while engaged fn a passenger transportation service; -`~:>~, ~J 14 r (ix~ tampering with governmental records as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed in connection with a passenger transportation service; (x) public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code; (xi) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, but only if the violation is punishable as a felony; (xii) a violation of the Dangerous Drugs Act (Art. 44 76-14, Vernon's Texas Civil Statutes); (xiii) a violation of the Controlled Substances Act (Art. (4476-15, Vernon's Texas Civil Statues) that is punishable as a felony; or (xiv) criminal attempt to commit any of the offenses listed in subdivision (h)(A) (i) through (xiii) of this subsection; (B) and, for which ~~ .: ~~ (i) less than two years have elapsed since the date of Conviction or the date of release from confinement imposed for the Conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; (ii) less than five years have elapsed since the date of Conviction or the date of release from confinement imposed for the Conviction, whichever fs the later date, if the applicant was convicted of a felony offense; or (iii) less than five years have elapsed since the date of Conviction or the date of release from confinement imposed for the last Conviction, whichever is the later date, if, within any 24 month period, the applicant has two or more Convictions of any misdemeanor offense or combination of misdemeanor offenses; (i) not have been convicted of or discharged by probation or deferred adjudication for, driving while intoxicated: (A) within the preceding 12 months; or (B) more than one time within the preceding five years; (jj not be addicted to the use of alcohol or narcotics; J (k) be subject to no outstanding warrants of arrest; 15 (1) be sanitary and well-groomed in dress and Person; (m) be recommended by a permit Holder; and (n) have successfully completed within the preceding 12 months a defensive driving course approved by the Texas Education Agency and be able to present proof of completion; (2) An applicant who has been convicted of an offense listed in Subsection (1) (h) or (i), for which the required time period has elapsed since the date of Conviction or the date of release from confinement imposed for the Conviction, may qualify for a Shared- Ride Service Driver's Permit only if the director determines that the applicant is presently fit to engage in the occupation of a Shared-Ride Service Driver. In determining present fitness under this section, the director shall consider the following: (a) the extent and nature of the applicant's past criminal activity; (b) the age of the applicant at the time of the commission of the crime; (c) the amount of time that has elapsed since the applicant's last criminal activity; (d) the conduct and work activity of the applicant prior to and following the criminal activity; (e) evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated, following release, or otherwise following Conviction; and (f) other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial or rehabilitative responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other Persons in contact with the applicant. (3) It is the responsibility of the applicant, to the extent possible, to secure and provide to the Administrator the evidence required to determine present fitness under Subsection (2) of this section. (4) As an additional qualification for a Shared-Ride Service Driver's Permit, the Administrator may uniformly require applicants to pass an examination given by the Administrator that tests an applicant's knowledge of traffic laws, a driver's duties under the Rules and Regulations, and the geography and road networks of the cities or counties surrounding the Airport. 16 SECTION 3-3. APPLICATION FOR BRAKED-RIDS SERVICE DRIOEA'8 PERMZT To obtain a Shared-Ride Service Driver's Permit or renewal of a Shared-Ride Service Driver's Permit a Person must file a completed written application with the Administrator on a form provided for the purpose and may be required to pass an examination testing an applicant's general knowledge of traffic laws, road networks, and the geography of the Airport. The Administrator airai-~ may require each application to state such information as he considers necessary to determine whether an applicant is qualified. SECTION 3-4. INVEBTIaATION OF APPLICATION (1) The Administrator may, for the purpose of determining qualification to drive a Shared-Ride Service Vehicle, require an applicant to submit to a physical examination. at the applicant's expense, conducted by a licensed physician acceptable to the Administrator and to furnish the Administrator a statement signed by the physician, certifying that in the physician's professional opinion the applicant is qualified to operate a Shared-Ride Service Vehicle. (2) The Administrator may conduct any other investigation the Administrator considers necessary to determine the fitness of an applicant. SECTION 3-5. ISBIIANCE AND DENIAL OF BRAKED-RIDE BEROICE DRIVER'8 - PERMIT (1) If the Administrator determines that an applicant is qualified, the Administrator shall issue a Shared-Ride Service Driver's Permit to the applicant. (2) The Administrator shall delay until final adjudication ,o.~ other dispos tion the approval of the application of any applicant who is under indictment for or has charges pending for: (a) a felony offense involving a crime described in Section 3- 2 (h)(A) (i), (ii), (iii), (iv), or (v) or criminal attempt to commit any of those offenses ; or (b) any offense involving driving while intoxicated. (3) The Administrator may deny the application for a Shared- Ride Service Driver's Permit if the applicant: (a) is not qualified under Section 3-2; (b) refuses to submit to or does not pass a medical or written examination authorized under Section 3-4; or 17 (c) makes a false statement of a material fact in his application for a Shared-Ride Service Driver's Permit; '~ (4) If the Administrator determines that a permit should be denied the applicant, the Administrator shall notify the applicant in writing that his application is denied and include in the notice the reason for denial and. statement informing the applicant of his right of appeal. (5) The Administrator may issue a probationary Shared-Ride Service Driver's Permit to an applicant who is not qualified for a Shared-Ride Service Driver's Permit under Section 3-2 if the applicant: (a) could qualify under Section 3-2 for a Shared-Ride Service Driver's Permit within one year from the date of application; (b) holds a valid state driver's license or occupational driver's license; and (c) is determined by the Administrator, using the criteria listed in Section 3-2 (2) of this article, to be presently fit to engage in the occupation of a Shared-Ride Service Driver. (6) A probationary Shared-Ride Service Driver's Permit may be issued for a period not to exceed one year. (7) The Administrator may prescribe appropriate terms and conditions for a probationary Shared-Ride Service Driver's Permit as the Administrator determines are necessary. SECTION 3-6. EBPIRATION AND VOIDANCE ON BIISPENSION OR REVOCATION OF STATE DRIVER'S LICENSE. (1) Except in the case of probationary and provisional licenses, a Shared-Ride Service Driver's Permit expires two years from the date of issuance on the date that the Driver's state driving license expires. (2) If a Driver's state driver's license is suspended or revoked by the state, the Driver's Shared-Ride Service Driver's Permit automatically becomes void. (3) A Driver shall notify the Administrator and the Holder for whom the Driver drives within three days of a suspension or revocation of the his Driver's license by the state and shall immediately surrender the his Shared-Ride Service Driver's Permit to the Administrator. 18 SECTION 3-7. PROVISIONAL PERMIT (1) The Administrator may issue a provisional Shared-Ride service Driver's Permit if he determines that it is necessary pending completion of investigation of an applicant for a Shared- Ride Service Driver's Permit. (2) A provisional Shared-Ride Service Driver's Permit expires on the date shown on the permit, not to exceed 45 days, or when the applicant is denied a Shared-Ride Service Driver's Permit, whichever comes first. (3) The Administrator shall not issue a provisional permit to a Person who has been previously denied a Shared-Ride Service Driver's Permit. SECTION 3-8. PERMIT TO BE KEPT IN DRIVER'S POSSESSION. While on duty a Shared-Ride Service Driver shall conspicuously display his Shared-Ride Service Driver's Permit issued by the Administrator on the upper portion of his outer clothing. SECTION 3-9. DIIPLICATE PERMIT If a Shared-Ride Service Driver's Permit is lost, stolen, or destroyed, the Administrator shall issue the Driver a duplicate permit upon receiving payment of a duplicate permit fee of in accordance with the Dallas/Fort Worth International Airport Board t~Schedule of Charges. SECTION 3-10. SIIRRENDER OF PERMIT (1) The Shared-Ride Service Driver's Permit is the property of the Dallas /Fort Worth International Airport Board and must be surrendered upon t rmination or when deemed invalid or upon request by the Administrator, or a D/FW Airport Board official, peace officer, or City of Dallas Transportation Regulation Employee. (2) A Shared-Ride Service Driver shall allow the Administrator, a D/FW Airport Hoard official, peace officer, or City of Dallas Transportation Regulation employee to examine his Shared-Ride Service Driver's Permit upon request SECTION 3-11. 8O8PEN8ION 8Y A DESIGNATED REPREBENTATIVB (1) If a representative designated by the Administrator to enforce these Rules and Regulations determines that a permittee has failed to comply with the Rules and Regulations (except 3-2), the representative may suspend the Shared-Ride Service Driver's Permit for a period of time not to exceed 30 days by serving the Driver with a written notice of the suspension. The. notice must include: Qy-x~ h!" J ?J~ 19 (a) the reason for the suspension; ~' (b) the date the suspension begins; (c) the duration of the suspension: and (d) a statement informing the Driver of his right to appeal. (2) A suspension under this section may be appealed to the Administrator if the Driver submits a written rewest t4 appeal to the Administrator within ten days of receiving written notice of the suspension. When an appeal is requested, the suspension may not take effect until a decision on the appeal is issued by the Administrator. (3) The Administrator may order an expedited hearing under this section, to be held as soon as possible after the Driver requests an appeal. The Administrator may affirm, reverse, or modify the order of the representative. (4) A Driver whose Shared-Ride Service Driver's Permit is suspended shall not originate a trip for hire inside the Airport during the period of suspension. The Administrator may also order that the Driver not terminate trips at the Airport during the period of the suspension. SECTION 3-12. BDSPENSION OF SIiARED-RIDE SERVICE DRIVER'S PERMIT (1) If the Administrator determines that a Driver has failed to comply with any provision of the Rules and Regulations (except Section 3-2), the Administrator may suspend the Shared-Ride Service Driver's Permit for a definite period of time not to exceed six (6) months or set an administrative fine in accordance with Section $-7. (2) If at any time the Administrator determines that a Driver is not qualified under Section 3-2, the Administrator may suspend the Shared-Ride Service Driver's Permit until such time as the Administrator determines that the Driver is qualified. A Driver shall provide the Administrator or his designated representative with necessary information or proof of his qualifications upon request. (3) A Driver whose Shared-Ride Service Driver's Permit fs suspended shall not originate a trip for hire inside the Airport during the period of suspension. The Administrator may also order that the Driver not tenainate trips at the Airport during the period of the suspension. (4) The Administrator shall notify the Driver in writing of a suspension under this section and include in the notice: 20 (a) the reason for the suspension; and (b) the date the Administrator orders the suspension to begin; (c) a statement informing the Driver of his right of appeal. (5) The period of suspension begins on the date specified by the Administrator or, in the case of an appeal, on the date ordered by the appeal hearing officer. BECTION 3-13. REVOCATION OIP A SHARED-RIDE SERVICE DRIPER'8 PERMIT (1) The Administrator may revoke a Shared-Ride Service Driver's Permit if the Administrator determines that the Driver: (a) operated a Shared-Ride Service Vehicle inside the Airport during a period in which the Driver's Shared-Ride Service Driver's Permit was suspended; or (b) made a false statement of a material fact in the driver's application for a Shared-Ride Service Driver's Permit; or (c) operated a Shared-Ride Service Vehicle for a Person not r holding a valid Shared-Ride Service permit. (d) was convicted of any felony offense listed in Section 3-2 while holding a Shared-Ride Service Driver's Permit. (e) engaged in conduct that constitutes a ground for suspension under Section 3-10 (1) and received either a suspension in excess of 10 days or a Conviction for violation of the Rules and Regulations, two times within the 12-month period preceding the conduct or three times within the 24-month period preceding the conduct; (f ) engaged in conduct that could reasonably be determined to be detrimental to the public safety; (q) failed to comply with a condition of a probationary permit; or (h) failed to surrender the appropriate scrip tickets for the payment of fees upon exiting the Airport, in a manner approved by the Administrator. (2) A Person whose Shared-Ride Service Driver's Permit is revoked shall not: 21 (a) apply for another Shared-Ride Service Driver's Permit before the expiration of 12 months from the date the Administrator revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or (b) operate a Shared-Rids Service Vehicle inside the Airport. (3) The Administrator shall notify the Driver in writing of a revocation and include in the notice: (a) the reason for the revocation; (b) the date the Administrator orders the revocation; and (c) a statement informing the Driver of his right of appeal. SECTION 3-14. SHARED-RIDE OPERATION AFTER BIISPENSION OR REVOCATION (1) After receipt of notice of suspension or revocation, the Driver shall, on the date specified in the notice, discontinue driving a vehicle for hire inside the Airport and shall surrender his Shared-Ride Service Driver's Permit to the Administrator. (2) If the Driver appeals the suspension or revocation under this section, the Driver may continue to drive a vehicle for hire pending the appeal unless: (a) the Driver is not qualified under Section 3-2; or (b) the Administrator determines that continued operation by the Driver would impose an immediate threat to the public safety. (3) A Driver shall comply with the decision of the appeal hearing officer. (4) Upon completion of a suspension, it is the driver's responsibility to retrieve his permit prior to resuming operations. SECTION 3-15. APPEAL FROM DENIAL, BIISPENSION, OR REVOCATION (1) The denial of an application for issuance or renewal of a Shared-Ride Service Driver's Permit, a suspension of a Shared- Rfde service Driver's Permit under section 3-12, or a revocation of a Shared-Ride Service Driver's Permit may be appealed in accordance with section 2-8 of the Rules and Regulations. BECTION 3-16. NON-TRANSFERABILITY (i) A Shared-Ride Service Driver's Permit, badge, decal, ticket or emblem assigned to one Person or vehicle is not transferable to another. 2Z (2) A Shared-Ride Service Driver's Permit is not transferable to another company and becomes invalid upon termination of the driver's employment for any reason, unless authorized by the Administrator. (3) A Person commits an offense if he: (a) forges, alters, or counterfeits a Shared-Ride Driver's permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable law; or (b) possesses a forged, altered, or counterfeited Shared- Ride Driver's permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable law; or (c) possesses more than one Shared-Ride Driver's permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable law. SECTION 3-17. CIIRRENT MAILING ADDRESS OF DRIVER (1) A Person issued a Shared-Ride Service Driver's Permit shall maintain a current mailing address on file with the Administrator. (2) The Driver shall notify the Administrator of any change in this mailing address within five business days of the change. ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-1. HOLDER'S AND DRIVER'S DIITY TO COMPLY (1) Holder. In the operation of a Shared-Ride Service, a Holder shall comply with the terms and conditions of the Holder's Operating Authority, Lawful Orders of the Administrator, and the Rules and Regulations, and other laws applicable to the operation of a Shared-Ride Service. (2) Driver. While operating a Shared-Ride Service Vehicle at the Airport, a Driver shall comply with the Rules and Regulations, other laws applicable to the operation of a motor vehicle in-this state, Lawful Orders of the Administrator, and orders issued by the Holder employing the Driver in connection with the Holder's discharge of its duty under its Operating Authority and the Rules and Regulations. 23 BECTION 4-2 (1) A discourage, Regulations employed by SOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIPERB Holder shall establish policy and take action to prevent, or correct violations of the Rules and ..procedures and Lawful O ders by drivers who are the Holder. (2) A Holder shall not permit a Driver who is employed by the Holder to operate a Shared-Ride Service Vehicle in Shared-Ride Se ce if the Holder knows or has reasonable cause to suspect that the Driver is in violation of the Rules and Regulations or other applicable law, the terms of his Shared-Ride Service Driver's Permit, or the Lawful Order of the Administrator. SECTION 4-3. DRIVER AE EMPLOYEE (1) All drivers of a Shared-Ride Service shall be bonafide employees of the Holder. SECTION 4-4. INSURANCE (1) A Holder shall procure and keep in full force and effect automobile liability insurance, written by an insurance company approved to do business the State of Texas and acceptable to the ~ri-rpor~ Administrator, issued in the standard form approved by the State Board of Insurance. The insured provisions of the policy must name the City of Dallas, the City of Fort Worth, D/FW International Airport Board, and their respective officers and employees as additional insureds and the coverage provisions must provide coverage for any loss or damage that may arise to any Person or property by reason of the operation of a Shared-Ride Service by the Holder. (2) The automobile liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence, or the equivalent,. for each motor vehicle used by the Holder, with a maximum deductible of not more than $1,000 per claim. The insurance coverage must include uninsured and underinsured motorist coverage in amounts not less than $40,000 per accident and $20,000 per person for bodily injury and $15, 000 per accident for property damage, or equivalent. Aggregate limits of liability are prohibited. (3) If a vehicle is removed from service, the Holder shall maintain the insurance coverage required by this section for the vehicle until the director receives satisfactory proof that all evidence of operation as a Shared-Ride service Vehicle has been as authority from the Holder. removed from the vehicle, and that the vehicle has in fact been removed from service. (4) Insurance required under this section must: (a) Include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before cancelling, failing to renew, or making a material change to the insurance policy; (b) Include a provision to cover all vehicles, whether owned or not owned by the Holder, operated under the Holder's Operating Authority; (5) No insurance required by this section may be obtained from an assigned risk pool. (6) Operating Authority will not be granted or renewed unless the applicant or Holder furnishes the Administrator with such proof of insurance as the director considers necessary to determine whether the applicant or Holder is adequately insured under this section. (7) A copy of documents establishing compliance with insurance requirements shall be on file with the Administrator at all times. (8) Failure to maintain minimum insurance standards shall result in the immediate suspension of the Holder's Operating Authority. If the Operating Authority is suspended for failure to maintain. insurance, it may not be reinstated until satisfactory proof of insurance meeting minimum requirements is submitted to and confirmed by the Administrator. (a) A Person commits an offense if he operates a passenger transportation service while his Operating Authority is suspended under this Subsection, whether or not the action is appealed. (b) A fee for reinstatement of Operating Authority after a suspension under this Subsection will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges. (9) If new insurance is not obtained within 45 days of being lapsed or canceled, the Holder must submit a new application for Operating Authority as listed in Section 2-2, and pay all fees required by Section 2-9 of these Rules and Regulations. 25 SECTION 4-5. 80LDER~B SERVICE REBPONSIBILITI88 (1) A Holder shall provide Shared-Ride Service for passengers at the Airport in accordance with service levels and standards approved by the Administrator, the Airport Board, and the citf es of Dallas and Fort Worth. (2) A Holder shall cooperate with the Administrator fn all phases of Shared-Ride Service operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the Administrator for Shared-Ride Service during periods of shortage. SECTION 4-6. INFORMATION TO BE SIIPPLIED IIPON REQIIEBT OF T8E ADMINISTRATOR In addition to any other information, and- upon request of the Administrator, a Holder shall submit to the Administrator the following: (1) a current list of vehicles; (2) a current financial statement which includes a balance sheet/income statement; (3) current names of officers, Owners, managers; and (4) a current list of drivers employed by the company. ARTICLE V SERVICE RULES AND REGULATIONS SECTION 5-1. PARRINQ (1) A Driver shall park only on designated Shared-Ride Service Holding Stands while serving the Airport. (2) A Person commits an offense if he: (a) parks a vehicle on a Shared-Ride Service Holding Stand without authorization from the Administrators or (b) leaves a vehicle unattended on a Shared-Ride Service Holding Stand; except that a Driver may leave his Shared-Ride Service vehicle to provide such assistance to a passenger as is reasonably necessary after being engaged. (3) In proving offense under Subsection (2)(a), it is prima facie evidence that a vehicle is unauthorized if the vehicle is not equipped with a decal in accordance with Section 7-3 of these Rules and Requlation~. :~ . 26 (4) A vehicle left unattended on a Shared-Ride Service Holding Stand in violation of Subsection (2)(b) is illegally parked and may be removed from the Holding Stand and impounded with all towing and storage fees to be paid by the vehicle Owner. SECTION 5-2. REGULATIONS FOR USE OF HOLDING STANDS (1) While using a Shared-Ride Service Holding Stand, a Shared-Ride Driver shall not: (a) leave his Shared-Ride Service Vehicle except to provide such assistance to a passenger as is reasonably necessary after being engaged; (b) perform or allow to be performed repairs or maintenance on a Shared-Ride Service Vehicle or (c) utilize the Holding Stand while off duty. (2) A Shared-Ride Service Driver shall: (a) remain at the Holding Stand only long enough to load or discharge passengers and then expeditiously progress to the next Holding Stand or exit the Airport; and (b) enter a Holding Stand only at those times when meeting pre-arranged or pre-approved passengers. SECTION 5-3. LOADING AND DISCHARGE OF PASSENGERS (1) A Driver shall load passengers and baggage into a Shared-Ride Service Vehicle only at designated Holding Stands. (2) Unless otherwise authorized by the Administrator, a Driver shall use the lower level at terminals to discharge passengers. SECTION 5-4. CRUISING A Driver shall not cruise the Airport. A Driver is "cruising" anytime he drives a shared-ride vehicle within 1,000 feet of a terminal or hotel on the Airport without: (1) a passenger to be discharged at the terminal or hotel; (2) following the approved schedule and route contained in the Holder's Operating Authority, if applicable; (3) trip authorization by the Administrator; (4) assignment for a Pre-arranged trip; or (5} taking a direct route to leave the Airport. 27 BECTION 5-5. SOLICITATION AND ACCEPTANCE OF PA88ENGERB (1) A Person commits an offense if he: (a) by word or gesture solicits or accepts a passenger for a Shared-Ride service in a location other than an area specifically authorized by the Administrator for the solicitation or acceptance of shared-ride passengers. (bj solicits a passenger by means of an electronic device designed to amplify sound or in a manner that unreasonably annoys or obstructs the movement of a Person; or (c) pays an employee of another business to solicit passengers for or give preferential treatment in directing passengers to a Shared-Ride service Vehicle, unless the Person has written permission from the Administrator and the executive director of the Airport, or his designated representative. (2) A Person who acts as an agent in obtaining Shared-Ride Service for prospective passengers shall not: (a) solicit passengers for the service; or (bj accept payment from a Driver or Holder in return for giving preferential treatment in directing passengers to the driver's or fTolder's Shared-Ride 5ervi'ce. (3) It is a defense to prosecution for a violation of this subsection if the Owner of the. transportation service has made a contractual agreement or other prior arrangement with the management of the other business, and has been approved by the Administrator. (4) A Person commits an offense if he: (a) solicits on the behalf of a Shared-Ride Service, Holder, or Driver that does not have a valid permit or valid Operating Authority under this chapter; or (b) hires, employs, or engages a Shared-Ride Service, Holder, or Driver that does not have a valid permit or valid Operating Authority under this chapter. BECTION 5-6. CONDUCT OB DRIVER (ij A Driver shall: (aj conduct himself in a reasonable, prudent, and courteous manner; (b) maintain a sanitary and well-groomed appearance; 28 (c) not respond to a dispatched call assigned to another Driver or company; (d) not, while operating a Shared-Ride Service Vehicle, consume, possess or be under the influence of: (i) any alcoholic beverage; (ii) any drug; (iii) any other substance which could adversely affect his ability to drive a motor vehicle; (e) not interfere with the Administrator in the performance of his duties; (f) not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, Airport building or roadway in a manner that unreasonably annoys or impedes the movement of a Person or vehicle; (g) comply with the Lawful Orders of the Administrator issued in the performance of his duties; (h) not deposit any bottle, can, trash, debris, junk, food, or other object around any Holding Stand, building or Airport roadway except in an authorized trash receptacle; and (i) not file a false report or make a false statement to the Administrator. SECTION 5-7. RETIIRN OF PASSENGER~B PROPERTY (1) Upon finding property left by a passenger in a Shared-Ride Service Vehicle, the Driver shall immediately return the property to the owner of that property. (2) If the Driver is unable to locate the owner, or if the Driver - does not know the identity or whereabouts of the owner, the Driver of a Shared-Ride Service shall immediately notify by radio, the Holder of the service of any property left by a passenger fn a vehicle, deliver the property to the Holder, and notify the Administrator of the location and description of the property. SECTION 5-8. SHARED-RIDE SERVICE (1) Shared-Ride service shall maintain a level of service to all sectors required in Section 2-2 (i)(e) and defined in the Holder's Operating Authority by dispatching Shared-Ride Service Vehicles on a Pre-arranged or Pre-approved basis. 29 • • (2) When entering the terminal area of the Airport, a Driver who has been dispatched on a Pre-arranged or Pre-approved basis shall have in his possession, and present to the Administrator on request, written documentation indicating the following information: (a) the name of the customer or customerst (b) the number of individuals in the party; (c) the terminal section; (d) the flight arrival time, if pre-arranged; and (e) the Destination and sector of the passenger. (3) A vehicle dispatched to a single terminal on a Pre-arranged or Pre-approved basis shall be permitted to enter other terminals to load passengers whose destinations would fall in a sector Contiguous to the original call. (4) A Driver or Holder commits an offense if he: (a) solicits or accepts an additional passenger whose Destination is not in a sector Contiguous. to the original call; (b) solicits, accepts, or loads a passenger at a time or location or fn a manner other than provided for in the Holder's Operating Authority, or as established by the Rules and Regulations; (c) solicits or accepts a passenger intended for another Shared-Ride Service Vehicle with a different Destination; (d) transfers a passenger that he accepted to another `Shared-Ride Service Vehicle with a different Destination; (e) enters a terminal area in a Shared-Ride Service Vehicle without the vehicle displaying an outbound Destination sign, or header, that is clearly visible, both day and night, to awaiting passengers; (f) makes more than one complete circuit through the Airport Terminal Areas with outbound passengers on boards or (g) fails to depart the Airport after receiving passengers whose destinations will require 3 separate stops upon leaving the Airport, excluding Meacham, Love Field, Alliance, central business districts and concentrated market/hotel centers deemed an express route in the Holder's Operating Authority approved by the Administrator. ~~G; 30 (5) All vehicles operating on a Shared-Ride Service shall be required to maintain service to all sectors listed in the Holder's Operating Authority 365 days a year, in response to passenger demand. (6) In addition to records required in Sections 2-12 and 5-8(7), the Holder of Shared-Ride Service Operating Authority shall maintain written records, and make such records available to the Administrator upon request, that indicate the level of service provided by the Holder to each terminal. The records shall include but not be limited to: (a) total number of passengers transported to each sector specified in the Holder's Operating Authority on a daily basis; (b) number of vehicles sent to each terminal on a daily basis; (c) documentation to show that adequate service is being provided during peak hours on a daily basis; and (d) number of Pre-arranged or Pre-approved dispatches to each terminal on a daily basis. (7) After receiving Operating Authority fora Shared-Ride Service a Holder shall have 30 days to install, maintain and log on a recording device with multi-channel recording and dual capabilities for backup purposes and in a manner approved by the Administrator, all radio and telephone communications between all customers and the Shared-Ride Service dispatcher and all drivers. (a) The Administrator shall inspect the recording equipment upon installation and as needed, to determine if it complies with the Rules and Regulations. (b) The Administrator may extend the time needed to complete installation of the .recording equipment. (c) If the recording equipment and resulting log is not maintained in accordance with Subsection (7), a show cause hearing shall be automatically initiated by the Administrator. (8) A Holder of Operating Authority for a Shared-Ride Service shall handle all customer complaints on a timely basis, and advise the Administrator of any and all action taken in response to the complaint. (9) After receiving Operating Authority for Shared-Ride Service a Holder shall have 30 days to establish and maintain a 24-hour, seven-day-per-week radio dispatching/reservation system. 31 (a) The Administrator shall inspect the dispatch site upon completion and as needed, to determine if it complies with the Rules and Regulations. (b) The Administrator may extend the time needed to complete the dispatch center. (c) If a dispatch center is not maintained in accordance with Subsection (i), a show cause hearing shall be automatically initiated by the Administrator. (10) Each Holder of a Shared-Ride Service shall maintain a minimum of 25 van-type vehicles in service each day. (a) If a Shared-Ride Service's 25 minimum vehicle requirement is not maintained a show-cause hearing shall be automatically initiated by the Administrator. (b) All permanent vehicles authorized for Shared-Ride Service shall be owned and registered by the Holder. (c) All temporary and/or lease vehicles authorized for temporary Shared-Ride Service shall be controlled by the Holder. (11) The Administrator shall establish procedures to monitor the service levels of Shared-Ride Service at the Airport, including but not-limited to: (a) condition of Shared-Ride Service Vehicles; (b) constancy of service at the Airport; (c) adherence to and service of routes and schedules; (d) preservation of 25 van-type vehicle minimum limit; (e) Driver conduct; and (f) Passenger complaints. SECTION 5-9. NOT-FOR-HIRE STATIIB OF BRAKED-RIDE VEHICLES (1) Each Shared-Ride Service Vehicle operating on the Airport is presumed to ,be on duty and ready to serve the general public for hire. If a Driver is off-duty and does not intend to provide Shared-Ride Service at the Airport, he shall comply with the 'following requirements: t":4}.{ '~~: 32 (a) The Driver shall place a sign, to be provided by the - Holder, in the Shared-Ride Vehicle indicating the words "NOT FOR HIRE" printed in letters not less than three inches in height with a stroke of not less than 3/8 inch. The letters shall be on a backing of sufficient thickness to not easily bend. (b) When a Driver is not for hire, he shall display the sign in an upright position in the front window on the right side of the Shared-Ride Service Vehicle as to be easily seen and read from the outside of the Shared-Ride Service Vehicle. (2) A Driver who is not for hire shall not park or stand his Shared-Ride Service Vehicle on a shared-ride Holding Stand or within 500 feet of a shared-ride Holding Stand or along or in the one hour parking zones of the Airport roadways and parking lots. ARTICLE VI FARES SECTION 6-1. RATES OF FAREf RECEIPTS (1) A Driver or Holder shall not charge a fare for operating a Shared-Ride Service Vehicle at the Airport that is inconsistent with the rates authorized in the Holder's Operating Authority. (2) A Holder desiring to effect a change in the approved rates of fare shall submit a written request in accordance with Section 2-4 (3) of the Rules and Regulations. (3) The rates listed in the Holder's Operating Authority shall be strictly adhered to, and no change in rates may be implemented without written approval of the Administrator. (4) The Administrator shall require a Holder to display rates within a Shared-Ride Service Vehicle in a manner prescribed by the Administrator. (5) The Driver or Holder shall give the Person paying a fare a ticket or receipt that indicates the name, address, and phone number of the Shared-Ride Service and the amount of fare. ARTICLE VII VEHICLES AND EQUIPMENT SECTION ?-1. VEHICLE REQDIREMENTB AND INSPECTZONB (1) The Owner of a Shared-Ride Service shall maintain all vehicles used in the service in a safe mechanical condition and shall maintain the interior and exterior of all vehicles in good repair. 33 v (2) Each vehicle to be used must be inspected in a manner approved by the Administrator before D/FW Airport Operating Authority is issued and at such other times as may be ordered by the Administrator. Inspection must determine safety, condition, maintenance, and compliance with all state and federal laws. (a) A Holder, Owner, or Driver shall make a Shared-Ride Service Vehicle available for inspection when ordered by the Administrator. (b) If a Holder, Owner, or Driver fails to make a Shared-Ride Service Vehicle available for inspection or if the Administrator determines that a Shared-Ride Service Vehicle is not in compliance with the Rules and Regulations, the Administrator may order the Shared-Ride Service Vehicle removed from service at the Airport until it is made available for inspection and/or brought into compliance. (c) If the Administrator determines that inspection of the mechanical condition or safety equipment of a Shared-Ride Service Vehicle by an expert mechanic or technician is necessary, the Holder, Owner, or Driver shall pay the cost of the inspection. (3) The Administrator shall designate the time and place for annual inspection of vehicles operated. If the .Administrator designates someone other than a transportation department employee to perform the inspection, the applicant or Holder shall bear the reasonable cost of inspection. (4) A Holder may contract for maintenance, but shall be responsible for seeing that all vehicles operated under a permit are maintained in safe operating condition.. (5) If a vehicle is involved in an accident or collision during the term of the permit, the Holder shall notify the Administrator within five days after the accident. Before operating the vehicle again under the permit, the vehicle must be reinspected to insure that the vehicle has been restored to its previous condition. (6) The Holder shall immediately notify the Administrator of any vehicle removed from service, and shall be responsible for removing from the vehicle any signs, markings, or equipment that would distinguish the vehicle as a Shared-Ride service vehicle, including, but not limited to, radios, destination signs, headers, decals, and rate sheets. SECTION ~-Z. vEHZCIrB EQDIPMEId'1' ~, (1) The following equipment is required to be fn, on, and/or operable on a Shared-Ride Service Vehicle: 34 .. (a) a working air conditioner system capable o! cooling the passenger compartment to 20 degrees below the outside temperature and a heater; (b) fire extinguisher (minimum 1 quart capacity) located within driver's reach; (c) evidence of insurance; (d) rate schedule posted inside the vehicle in a manner approved by the Administrator; (e) a decal designated by the Administrator in accordance with Section 7-3 of the Rules and Regulations; (f ) the company name permanently affixed to both sides of the vehicle in letters at least 3" in height with a 1/2" stroke in a contrasting color; (g} the equipment number permanently affixed to all sides of the vehicle in letters at least 3" in height with a 1/2" stroke in a contrasting color; (h) telephone number of the service; (i) approved header permanently attached on the vehicle in a manner approved by the Administrator, that shows the Destination of the vehicle and that is clearly visible, both day and night, to awaiting passengers; (j) a two-way radio on the company's dispatch frequency that is operational during scheduled hours; (k) a uniform paint/color scheme approved by the Administrator that distinguishes the service; (1) any other equipment required to comply with all applicable federal/state motor vehicle safety and emission standards; and (m) any other special equipment that Administrator determines to be necessary. (2} The use of any type of meter or measuring device for the calculation of rates is prohibited. (3) All temporary vehicles must have a magnetic sign that displays the company name attached to both sides of the vehicle, and also be equipped with afire extinguisher of at least one quart capacity, a decal in accordance with Section 7-3 of the Rules and Regulations, a two way radio on the company's dispatch frequency that is operational during scheduled hours, and any other standards as determined by th® Administrator. 35 . ~ ~ v • SECTION 7-3. DECALS (1) A Holder, Owner, or Driver of each Shared-Ride Service Vehicle shall obtain from the Administrator a decal indicating the Shared-Ride Service Vehicle's authority to operate at the Airport. The decal must be attached to each vehicle in a manner and location approved by the Administrator. The annual fee for a decal shall be charged in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (2) The Administrator may cause a decal to be removed from a Shared-Ride Service Vehicle which at any time fails to meet the minimum standards for appearance, condition, age, or equipment. The fee for reissuance of a decal to a Shared-Ride Service Vehicle from which a decal has been removed by the Administrator will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (3) A Person commits an offense if he: (a) operates a Shared-Ride Service Vehicle at the Airport with an expired decal or with no decal affixed to it, except for the sole purpose of terminating a trip that lawfully originated outside the Airport; (b) attaches a decal to a vehicle not authorized to operate as a Shared-Ride Service Vehicle at the Airport; (c) parks a vehicle on a shared-ride Holding Stand with an expired decal or with no decal affixed to it; (d) interferes with the Administrator in the removing of the decal in accordance with Subsection 7-3 (2) of this article; or dec Le) covers. conceals. or attempts to .cover or conceal the SECTION 7-~. FALSE REPRESENTATION A8 A BRAKED-RIDE SERVICE A Person commits an offense if he: (1) represents that a vehicle is a Shared-Ride Service Vehicle if the vehicle is not in fact a shared-Ride Service Vehicle authorized to operate at the Airport; (2) operates a vehicle at the Airport that is not a Shared-Ride Service Vehicle if the vehicle is marked, painted or equipped in a way that is likely to result in mistaking the vehicle for a Shared-Ride Service Vehicle; or 36 • r (3) solicits or attempts to solicit passengers unless he is operating a Shared-Ride Service Vehicle that is authorized to serve the Airport. ARTICLE 4III ENFORCEMENT SECTION 8-1. AIITHORITY TO INSPECT The Administrator may inspect a shared-Ride Vehicle/Service operating at the Airport to determine whether the Vehicle/Service complies with the Rules and Regulations established for Shared-Ride Service or other applicable law. SECTION 8-2. A88I8TANCE BY AIRPORT DEPARTMENT OF PIIBLIC SAFETY (1) Upon specific request of the Administrator, officers of the Airport's Department of Public Safety (DpS) may assist the Administrator in the enforcement of the Rules and Regulations. (2) A po~i-ce pgg officer upon observing a violation of this chapter or the regulations established by the Administrator, may take necessary enforcement action to insure effective regulations of Shared-Ride Services. SECTION 8-3. CORRECTION ORDER (1) If the Administrator determines that a Holder violates these Rules and Regulations, terms of its Operating Authority, a regulation established by the Administrator, or other law, the Administrator shall notify the Holder in writing of the violation and by written order direct the Holder to correct the violation within a reasonable period of time. In setting the time for correction, the Administrator shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the Administrator may order the Holder to immediately cease, use of the equipment. (2) If the Administrator determines that a violation constitutes an imminent and serious threat to the public health or safety, the Administrator may order the Holder to correct the violation immediately, and, if the Holder fails to comply, the Administrator shall promptly take or cause to be taken such action as he considers necessary to enforce the order immediately. (3 ) The Administrator shall include in a notice issued under this section: (a) an identification of the violation; 37 ~ ~. (b) the date of issuance of the notice; (c) the time period within which the violation must be corrected; (d) a warning that failure to comply with the order may result in suspension or. revocation of Operating Authority or imposition of a line or both; and (e) a statement indicating that the order may be appealed to the Executive Director of the Airport, or his designated representative. SECTION 8-4. BERVICB OF NOTIC$ (1) A Holder shall designate and maintain a representative to: (a) receive service of notice required under this chapter to be given a Holder; and (b} to serve notice required under this chapter to be given a Driver employed by a Holder. (2) Notice required under this chapter shall be given in the following manner: (a} A Holder must be personally serve8 with the notice by the Administrator, or service may be accomplished by serving the Holder's designated representative, or the Holder may be served by United States mail, five-day return receipt requested, to the address last known to the Administrator of the Person to be notified, or to the designated representative of the Holder. (b) A Driver permitted by the Airport under Article III must be personally served or served by certified United States mail, five-day return receipt requested, to the address, last known to the Administrator, of the Person to be notified, or to the designated representative for drivers. (c) Notice required under this chapter to be given a Person other than a Driver permitted under Article III or a Holder may be served in the manner prescribed by Subsection (2)(b). (3) Service executed in accordance with this section constitutes notice to the Person to whom the notice is addressed. The date of service for notice that is mailed is the date received. 38 V,' ~ ~ SECTION 8-5. CRIMINAL OFF8N888. (1) A Person commits an offense if he the violates or attempts to violate a provision of this chapter applicable to him. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each day in which an offense occurs. An offense committed under this chapter is punishable by imposition of a fine of not more than $soo.oo. (2) Prosecution for an offense under Subsection (1) does not prevent the use of other enforcement remedies or procedures applicable to the Person charged with or the conduct involved in the offense. SECTION 8-6. ADMINISTRATIO'8 FINES (1) The Administrator or Executive Director of the Airport shall have the authority to levy an administrative fine against a Holder, Owner or Driver who violates any provision of the Rules and Regulations, in lieu of any suspension action provided by Section 2-7 and Section 3-12 of the Rules and Regulations. ~'~' ~! (2) The fines shall be in established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (3) Delinquent or past due fines shall be cause for the Administrator or Executive Director of the Airport to immediately suspend any permit, Operating Authority, or written authorization of any Holder, Owner or Driver until such fines are paid in full, or take any other legal action deemed necessary to recover delinquent or past due fines. 39 ~~' -~ ~ C SCHEDULED SHUTTLE SERVICE CHAPTER 5B { Revision 09-13-90 ® ARTICLE I GENERAL PROVISIONS SECTION 1-1. STATEMENT OF POLICY SECTION 1-2. AUTHORITY FOR ENFORCEMENT SECTION 1-3. EXEMPTIONS SECTION 1-4. DEFINITIONS SECTION 1-5. ESTABLISHMENT OF RULES AND REGULATIONS SECTION 1-6. ESTABLISHMENT OF PROCEDURES ARTICLE II OPERATING AUTHORITY SECTION 2-1. OPERATING AUTHORITY REQUIRED; NONTRANSFERABILITY SECTION 2-2. APPLICATION FOR OPERATING AUTHORITY SECTION 2-3. LIMITATIONS OF OPERATING AUTHORITY SECTION 2-4. AMENDMENTS TO OPERATING AUTHORITY SECTION 2-5. RENEWAL OF OPERATING AUTHORITY SECTION 2-6. DENIAL OF APPLICATION FO~t ISSUANCE OR RENEWAL SECTION 2-7. SUSPENSION AND REVOCATION OF OPERATING AUTHORITY SECTION 2-8. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION SECTION 2-9. FEES; ANNUAL ISSUANCE SECTION 2-10. ADVERTISEMENT OF SCHEDULED SHUTTLE SERVICE SECTION 2-11. TEMPORARY OPERATING AUTHORITY PROHIBITED SECTION 2-12. HOLDERS RECORDS AND REPORTS C ARTICLE III SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT SECTION 3-l. SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT REQUIRED SECTION 3-2. QUALIFICATION FOR SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT SECTION 3-3. APPLICATION FOR SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT SECTION 3-4. INVESTIGATION OF APPLICATION SECTION 3-5. ISSUANCE AND DENIAL OF SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT SECTION 3-6. EXPIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE SECTION 3-7. PROVISIONAL PERMIT SECTION 3-8. PROBATIONARY PERMIT SECTION 3-9. DUPLICATE PERMIT SECTION 3-10. DISPLAY/SURRENDER O1~ PERMIT SECTION 3-11. SUSPENSION HY A DESIGNATED REPRESENTATIVE SECTION 3-12. SUSPENSION OF SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT SECTION 3-13. REVOCATION OF SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT SECTION 3-14. SCHEDULED SHUTTLE OPERATION AFTER SUSPENSION OR REVOCATION SECTION 3-13. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION SECTION 3-16. NONTRANSFERAHILZTY SECTION 3-17. CURRENT MAILING ADDRESS OF PERMITTEE ARTICLE Iv MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-l. SECTION 4-2. SECTION 4-3. SECTION 4-4. SECTION 4-5. SECTION 4-6. HOLDER'S AND DRIVER'S DUTY TO COMPLY HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS DRIVER AS EMPLOYEE INSURANCE HOLDER'S SERVICE RESPONSIBILITIES INFORMATION TO~BE SUPPLIED UPON REQUEST OF ADMINISTRATOR ARTICLE V SERVICE RULES AND REGULATIONS SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 5-l. 5-2. 5-3. 5-4. 5-5. 5-6. 5-7. 5-8. 5-9. 5-10. PARKING REGULATIONS FOR USE OF HOLDING STANDS LOADING AND DISCHARGE OF PASSENGERS CRUISING THE:AIRPORT SOLICITATION AND ACCEPTANCE OF PASSENGERS CONDUCT OF DRIVER RETURN OF PASSENGER'S PROPERTY PREARRANGED SHUTTLE SERVICE SCHEDULED SHUTTLE SERVICE NOT-FOR-HIRE STATUS OF SCHEDULED SHUTTLES ARTICLE VI. FARES SECTION 6-1. RATES OF FARE ARTICLE VII. VEHICLES AND EQUIPMENT SECTION 7-1. VEHICLE INSPECTION SECTION 7-2. VEHICLE EQUIPMENT SECTION 7-3. DECALS SECTION 7-4. FALSE REPRESENTATION AS A SCHEDULED SERVICE ARTICLE VIII ENFORCEMENT SECTION 8-l. SECTION 8-2. SECTION 8-3. SECTION 8-4. SECTION 8-5. SECTION 8-6. SECTION 8-7. AUTHORITY TO INSPECT ASSISTANCE BY AIRPORT CORRECTION ORDER SERVICE OF NOTICE APPEALS CRIMINAL OFFENSES ADMINISTRATIVE FINES DEPARTMENT OF PUBLIC SAFETY 0 0 SCHEDIILED BHIITTLE SER?ICS Revision 09-13-90 ARTICLE I- GENERAL PROVISIONS BECTION.1-1. STATEMENT OF POLICY It is the policy of the Dallas/Fort Worth International Airport Board and the cities of Dallas and Fort Worth to promote adequate and efficient Scheduled Shuttle. service at the Dallas/Fort Worth. International Airport. To this end, Rules and Regulations for Scheduled Shuttle operations at the Airport are developed to protect the public health and safety and to promote the public convenience and necessity, and respects the concept of free enterprise. SECTION 1-2. AIIT8ORITY FOR ENFORCEMENT The Director of Transportation for the City. of Dallas is designated as the Administrator of the Dallas/Fort Worth International Airport Scheduled Shuttle Rules and Regulations.. The Administrator shall. implement and enforce the Rules and Regulations and may by written order establish procedures im~lementina such Rules and Regulations, not inconsistent with this chapter, as determined necessary to discharge the Administrator's duty under or to effect the policy of this chapter. SECTION 1-3. EBEMPTIONS (1) These Rules and Regulations do not apply to a Scheduled Shuttle Service or to a person operating a Scheduled Shuttle Vehicle that is: (a) owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensation is received from any other person for carrying the passengers; (b) provided by an employer or employee association for use in transporting employees between the employees' homes and the employer's place of business or between workstations,, with the employees reimbursing the employer or employee association in the amount calculated only to offset the reasonable expenses of operating the Scheduled Shuttle Vehicles or (c) entering the Airport for the sole purpose of terminating a trip that lawfully originated outside of the Airport, except when the Scheduled Shuttle Vehicle is marked with a decal issued pursuant to this chapter. (2) Articles III and VII of these Rules and Regulations do not apply to: ~~ ~ 1 (a) the°~Driver of a Scheduled Shuttle Vehicle operated under authority granted by the Interstate Commerce Commission to operate a regularly scheduled route, if the Driver is operating within the scope of his employment; or (b) a Scheduled Shuttle Vehicle operated under authority granted by the Interstate Commerce Commission to operate a regularly scheduled route. (3) These Rules and Regulations, except for Sections 5-1 through 5.-6, do not apply to a Scheduled Shuttle, or to a person operating a Scheduled Shuttle, that is ownedfby the federal or state government or by a political subdivision of the state. A person or vehicle exempted under this subsection is subject to a fee, in an amount to be designated by the Airport board, for operating at the Airport and using the Scheduled Shuttle Vehicle Holding Stands. SECTION 1-4. DEFINITIONS The definition of a term in the Rules and~Regulations applies to each grammatical variation of the terra, unless the context requires a different definition: (1) ADMINISTRATOR means the Director of Transportation for the city of Dallas, or the director's authorized agent, with the responsibility of implementing and enforcing the Dallas/Fort Worth International Airport Scheduled Shuttle Rules and Regulations. (2) AIRPORT means the Dallas/Fort Worth International Airport. (3) AIRPORT BOARD means the Dallas/Fort Worth International Airport Board, the governing body of the Airport. (4) CONTIGUOUS means abutting, adjacent, adjoining, bordering, and when concerning Scheduled Shuttle service zones, any address that can reasonably be determined to be on route to a final destination. (5) CONVICTION means a conviction in a federal court or a court of any state or foreign nation. or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. (6) DRIVER means an individual who drives or operates a Scheduled Shuttle Vehicl®. (7) HOLDER means a person, partnership, corporation, joint venture or other legal entity or relationship granted Operating Authority to provide Scheduled Shuttle Service at the Airport, or his designated agent. (8) HOLDING STAND means a public place reserved exclusively for use by all authorized Scheduled Shuttle Vehicles. (9) LAWFUL ORDER shall mean a verbal or written directive issued by the Administrator or the Administrator's duly authorized representative in the performance of their duties, in the enforcement of the Rules and Regulations authorized by this article. (lo) LEGAL. RESIDENT means a citizen of the United. states or a person residing in the United States in accordance with federal immigration laws. (11) OPERATE means to drive or to be in control of a Scheduled Shuttle Vehicle. (12) OPERATING AUTHORITY means permission granted by the Administrator to operate a Scheduled Shuttle Services at the Airport. (13) OPERATOR means the Driver of a Scheduled Shuttle Vehicle, the Owner of a Scheduled Shuttle Vehicle, or the Holder of Scheduled Shuttle Service Operating Authority. (14) OWNER shall be presumed to mean the person to whom state license plates for a vehicle have been issued. (15) PERSON means an individual, corporation, government or governmental subdivision, or an agency, trust, partnership or two or more persons having a joint or common economic interest. (16) RULES AND REGULATIONS means the Scheduled Shuttle Service Rules and Regulations established under Chapter 5H, "Scheduled Shuttle Service-Rules and Regulations", of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. (17) SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT means a permit issued to an individual by the Administrator authorizing that individual to operate a Scheduled Shuttle Vehicle. 119) SCHEDULED SHUTTLE VEHICLE means either a Pdan Tyoe or Van Tune Vehicle used for the transportation of persons (20) SEDAN-TYPE means a four-door passenger automobile with a seating capacity of not less than seven nor more than 15 passengers used for the transportation of persons, and is approved by the Administrator. (21) SERVICE AREA means the area made up of the counties o! Dallas, Tarrant, Southeast Denton and Southwest Collin. 3 person wno own,~L controls or ooerates the service,,, (22) TERMINAL AREAS means the roadways, parking lots, curbside zones, and sidewalks servicing the arrival and departure areas of the Airport terminals including but not limited to Terminals 2W, 2E, 3E, 4E; and., the roadways, parking lots, curbside zones, and sidewalks servicing the Airport hotels at 3E and 3W. (23) VAN-TYPE means a van-type vehicle with a manufacturer's rated seating capacity of not less than seven nor more than 15 passengers. SECTION 1-5. ESTABLISHMENT OF RIILES AND REGIILATIONS (1) Before adopting, amending or repealing a rule or regulation, the Administrator shall hold a public hearing on the proposal. The Administrator shall fix the time and place of the hearing and shall notify each Holder and such other persons as the Administrator determines maybe interested in the subject matter of the hearing. (2) After the public hearing the Administrator shall notify the Holders and other interested persons of any action adopting, amending or repealing a rule or regulation and shall post a notice of such action in one or more conspicuous places including the DFW Airport Transportation Regulation office. Such posting must continue for a period not fewer than ten days. The action shall become effective immediately upon expiration of the posting period. SECTION 1-6. ESTABLISHMENT OF PROCEDIIRES The Administrator may by written order establish procedures not inconsistent with the Rules and Regulations which he determines are necessary to discharge his duty to implement the Rules and Regulations. ARTICLE II OPERATING AUTHORITY SECTION 2-1. OPERATING AIIT80RITY REQIIIRED= NONTRANSFERABILITY (1) A person or owner shall not operate a Scheduled Shuttle Service or solicit passengers for a Scheduled Shuttle Service at the Airport without Operating Authority granted under the Rules and Regulations. (2) A person.or owner shall not transport a passenger for hire at the Airport by Scheduled Shuttle Vehicle unless the person driving the Scheduled Shuttle Vehicle or another who employs or contracts with the Driver has been granted Operating Authority under the Rules and Regulations. (3) It is NOT a defense to tyre prosecution that the Scheduled Shuttle Service originated the trip in another city, bringing passengers into D/FW Airport to be returned to their original location. 4 J (4) A person shall not engage or hire a Scheduled Shuttle Vehicle which he knows does not have Operating Authority or another form of permission from the Administrator. (5) Operating Authority may not be transferred to another person. SECTION 2-2. APPLICATION FOR OPERATING ADTHORITY (1) To obtain Operating Authority, a person shall submit an application on a form provided by the Administrator and a non- refundable fee of $150 for processing the application. The applicant must be the person who mid owns, or who wig own , the proposed Scheduled $huttle.Service. An applicant shall file with the Administrator a written,. verified application containing the following: (a) a statement as to the type of Operating Authority (Scheduled Shuttle Service) for which application is made, including a statement as to which category.,. Scheduled Shuttle Service,: the applicant proposes; (b) a description of any past business experience of the applicant, particularly in providing passenger transportation services, and an identification and description of any prior revocation or suspension, of a permit. to operate a business or service using motor vehicles held by*, the. applicant, the listed business, an affiliated business, or a person with a direct interest in the =_____ __ ~_=__:____ ownership of the business: (c) a description of the proposed service, including routes, exact rates of fare to be charged, and schedules, where applicable; (d) the form of business of the applicant and, if the business is a sole. proprietorship,. partnership,. corporation, or association, a copy of the documents establishing the business and the name, address and citizenship or legal residence of each person with a direct inttttst ownership in the business; (e) the name, address, and verified signature of the applicant; (f) the name of the city from which the applicant is authorized to operate a Scheduled Shuttle Service and a copy of that city~s document authorfZinq the Scheduled Shuttle Service; (g) a list verifying that the minimum of vehicles as required in Section 5-9 (7) for-each route proposed shall begin the service, which-list shall include a complete description of each vehicle, including year, make, model, motor identification number and state license registration= • , (h) a description of the proposed insignia and color scheme, for the applicant's Scheduled Shuttle Vehicles; (i) documentary evidence satisfactory to the Administrator from an insurance company, authorized to do business in the State of Texas indicating a willingness to provide liability insurance in the amounts specified in Section 4-4; (j) documentary evidence from the FCC showing that application has been made for a radio dispatching service license as required by U.S. Federal law; (k) any additional information the Administrator considers necessary to the implementation and enforcement of the Rules and Regulations, for the protection of the public safety, or to meet any other local, state or federal laws, rules, regulations or guidelines. (2) Upon receipt of an application for a permit, the Administrator shall promptly notify all other persons holding an annual permit to operate a Scheduled Shuttle Service at D/FW Airport informing them of the application, and notifying them that the application may be reviewed at the D/FW Airport Transportation Regulation Office, for a period of time not to exceed l0 days from the date of application. (3) Within 45 days after notification to existing companies of the proposed application, the Administrator shall approve or deny the application for issuance of Scheduled Shuttle Service Operating Authority provided no protests have been filed. (a) Upon receipt of a protest, the Administrator shall hold a public hearing on the proposed service to determine whether the applicant's proposed service interferes with or adversely affects existing Scheduled Shuttle Services either by ' increasing curbside or traffic congestion at the Airport. (b) The Administrator shall fix the time and place of the hearing and shall notify each holder and such other persons as the Administrator determines maybe interested in the subject matter of the hearing. SECTION 2-3. LIMITATIONS OF OPERATING AIITHORITY (1) When issued, a permit shall only provide Operating Authority for the operation of a Scheduled Shuttle Service at the Airport. (2) The Operating Authority may also contain other conditions and limitations determined necessary by the Administrator, including, but not limited to: (a) the number and type of vehicles to be used in the permitted service; 6 (b) a description of vehicles to be operated; (c)~ the number of passengers that may be transported in each vehicle; (d) customers to be served; (e) places of loading or unloading passengers; (f) schedules and routes to be followed; (q) maximum rates to be charged for the permitted service; (h,-) operating procedures; and (i) special conditions or restrictions. (2)k A Person or Holder commits an offense if he fails to comply with the conditions or limitations placed on the operating Authority under which he. is operating a-Scheduled Shuttle Service. (3) Each applicant, including any person with a direct interest in the business, applying for Scheduled Shuttle Service Operating Authority shall qualify for a Scheduled Shuttle Service Driver's permit in accordance with these rules. SECTION 2-4. AMENDMENTS TO OPERATINt'i AIIT8ORITY (1) A Holder desiring to aimend the terms or conditions of its ®perating Authority shall submit a written request to the Administrator. ~, non-refundable amendment fee in accordance with the Dallas/Fort Worth International Airport Board Schedule of Criarges, as amended, must accompany a request for any material change to the Operating Authority. The request shall- include: (a) the nature of the proposed change; (b) the date the proposed change is to take effect. (2) The Administrator may approve an amendment unless it is fn violation of or inconsistent with the provisions of the Rules and Regulations. 5, (3) Amendments to a Scheduled Shuttle Service Operating Authority to incre~ise the number of authorized vehicles or change rates may ba made by the Administrator only upon written application and payment of any additional fees that may be required. (4) If a Scheduled~Shuttle Service experiences vehicular problems which require aciditfonal vehicles to either maintain their minimum service as required by Section 5-9 (7) or provide additional service for a period not to exceed 10 d$ys, the service may request a temporary permit amendment for supplemental vehicles by submitting a written application form to the Administrator. The application must state the reason supplemental vehicles are needed and identify all vehicles to be used. Supplemental vehicles authorized must comply with insurance requirements, vehicle requirements, all permit fees, and any other requirements of this section and are subject to inspection by the Administrator, who may at anytime order unsafe vehicles to be removed from service. BECTION 2-5. RENEWAL OF OPERATING AIITHORITY (1) A Holder shall apply for renewal of Scheduled Shuttle Service Operating Authority permit at least 30 days before the expiration of the Operating Authority. (2) Within a reasonable time after the date of application, the Administrator shall approve or deny the application for renewal. (3) The Administrator shall renew the Operating Authority if the Administrator determines that: (a) the permit Holder has performed satisfactorily in compliance with all terms and conditions of the Operating Authority; (b) is in compliance with all requirements of the Rules and Regulations and Procedures; and (c) the service provided continues to be necessary for or to otherwise serves the public convenience and necessity. SECTION 2-6. DENIAL OF APPLICATION FOR ISSIIANCE OR RENEWAL The Administrator shall deny issuance or renewal of Scheduled Shuttle Service Operating Authority if he finds that: (1) the public convenience and necessity do not require or are not otherwise served by the proposed service; (2) the applicant or any Person holding an ownership interest in the application has been either convicted twice, suspended twice, or convicted once and suspended once, for a violation of the Rules and Regulations or procedures within the preceding two years; (3) the applicant failed to comply with the requirements of the Rules and Regulations, or Lawful Orders._or procedures established under the Rules and Regulations within the precedinc 2 years; (4) the applicant failed to comply with the terms and conditions of the Operating Authority for which application for renewal is made within the vreceding 2 years; ~;, S ® (5) the applicant made a false statement as to a material matter in the application for issuan a or renewal of Operating Authority; (6) the applicant or any Person holding an ownership interest in the application hes been finally convicted for Q~ a violation of another city, state, or federal law or regulation which would reasonably tend to indicate that the holder is not fit to perform a Scheduled Shuttle Service; or (7) the applicant's Scheduled Shuttle Service Operating Authority has been. revoked within a two year period prior to the date of application. SECTION 2-7. SUSPENSION AND REVOCATION OF OPERATING AIITHORIT7t (i) The Administrator may suspend or revoke Scheduled Shuttle Operating Authority for a period. not to exceed 60 days g~ administrative fine (except as to ~1~(d) hereof):wi hin the limits: provided by law.. if he determines that the Hold= has:. (a) made a false statement as to a material matter in the application for issuance or renewal. of Operating Authority; (b) failed to comply with the provisions of the Rules and Regulations and/or ,awful Orders, procedures: etc._established by the .Administrator pursuant to Section iw2 of these Rules and Regulations; x:° (c) failed to comply with the terms and conditions of the Operating Authority, including., but not limited to, operating a type of service not authori2ed by the°Operatinq Authority or operating a service in a manner not authorized by the Operating Authority; (d) been finally eonvicted for o~ a violation of another city, state, or federal. law or regulation which would....reasonably tend to ~ndicate_ that irid~cat~s-hack ~rf __=: - - __ the Holder is not .fit to perfona a Scheduled Shuttle Service; (e) failed to pay all required fees; or~ (f) failed to surrender scrip tickets for the payment of fees prescribed in Section 2-9 in the manner approved by the Administrator. (2) The Administrator may suspend a Holder's Operating Authority for a period not to exceed 60 days ~ ~ ~ administrative fine mccordance ~j section 8-7. At the end of the suspension period, the Holder may resume operating at the Airport, providing the deficiency causing the suspension has been corrected by the holder. (3) A Holder whose Operating Authority has been revoked shall not reapply for Operating Authority before the expiration of 24 months from the date of revocation or, in the case of an appeal, the date the appeal hearing officer affirms the revocation. 9 SECTION 2-8. APPEAL OF DENIAL, BIIBPENBION, OR REVOCATION The denial of an application for issuance or renewal of Scheduled Shuttle Service Operating Authority or ~g suspension or revocation of Scheduled Shuttle Service Operating Authority may be appealed by the applicant or Holder in accordance with Section 8-5 of the Rules and Regulations. SECTION 2-9. FEES; ANNIIAL IBBIIANCE (1) The annual fee for Scheduled Shuttle Service Operating Authority shall be established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges. The annual fee shall be paid to the Administrator before the Operating Authority is issued. (2) Scheduled Shuttle Service Operating Authority may be issued for a period not to exceed one year and shall expire on October 31 of each year unless otherwise designated in the Operating Authority. If the operating Authority is issued for a period of less than one year, the annual fee shall be prorated on the basis 9f the number Qf davs in the month. (3) A permit amended to increase the number of vehicles used shall require the Administrator to compute and collect an adjusted amount for the fee as a result of the increase. ' The fee for a temporary permit amendment authorizing sun~lemental vehicles shall be c_o~nputed at the.rate of S20 per vehicle. (4) In addition to the annual fee required in Subsection (1), the Holder of Scheduled Shuttle Service Operating Authority shall pay exit fees in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, in a manner prescribed by the Administrator, each time a Scheduled Shuttle Vehicle: (a) exits the Airport; or (b) completes a scheduled route through the Airport, when providing Scheduled Shuttle Service. (5) The total fees required to be paid in Subsection (3) by a Scheduled Shuttle Service shall never be less than a gate fee times the total number of scheduled routes through the Airport that the service is authorized to operate. (6) No refund of Operating Authority fees shall be made. (7) An applicant or permit Holder under this article shall not allow the payment of any fees required by these Rules and Regulations to become delinquent or past due. 10 ,q~ IE1~ If~ a com~any~ authori~p~ to operate more than one a of V~ transportation se cam. a secarate tiermit. fee must be said for ea -~+ tvue of permit held. SECTION 2-10. ADVERTISEMENT 08 6CHEDIILED SSQTTL$ SERO2CS (ij A person commits an offense it' he advertises or causes to be advertised the operation of a Scheduled Shuttle Service at DfFW Airport that does not have valid Operating Authoritye.when:.the advertfsement.is~ reasonably calculated to~be peen by persons seeking~Scheduled Shuttle Service at tie D/FW Airport. (2j It is a defense to grosecution under Subsection (1) that the person was the publisher _(but not. the owned of the advertising material and. had no knowledge that the Scheduled Shuttle service did not have Operating Authority under this article. SECTION 2-11. TEMPORARY OPERATING AIIT80RITY PROHIBITED The Administrator shall not issue temporary authority to operate a Scheduled Shuttle Service camparrp at tote D/FW Airport. SECTION Z-12. HOLDERS RECORDB.AND REPORTS (1) Each Holder and/or owner shall maintain at a single location such categories of its business records of its service as the Administrator may prescribe. ~:: (2) The method. used in maintaining the records must be approved by the Administrator and the Administrator may require maintenance of certain records which he determines necessary for monitoring the activities, operations, service or safety record of a Holder. (3) A Holder and/or Owner shall maintain a record. of the Driver of each Scheduled Shuttle Vehicle.. The records shall include the name. of each driver who has operated the Scheduled Shuttle Vehicle and the dates and times of each driver's operation of the vehicle. (4) A Holder and/or Owner shall make such records available for inspection, by the Administrator, or provide. the Administrator with information contained in those records upon request. ARTICLE III SCHEDULED SHiJTTLE SERVICE DRIVER'S PERMIT SECTION 3-1. BCBEDIILED 88IITTLE BERVICB DRIVER'S PERMIT REQOIRED (i) A person commits an offense if he operates a: Scheduled Shuttle Vehicle inside the Airport without a valid Scheduled Shuttle Service Driver's permit issued to' him under this:article. It is a defense to prosecution under this subsection that the person is terminating a trip that lawfully originated outside the Airport. 11 (2) A Holder of a Scheduled Shuttle Service permit shall not empl or otherwise allow a person to drive a Scheduled Shuttle Vehicle owned, controlled, or operated by the Holder unless the person has a valid Scheduled Shuttle Service Driver's permit issued to him under this article. (3) It is NOT a defense to prosecution that the Person was operating a vehicle granted a certificate issued by the Texas Railroad Commission, or granted operating authority by the Interstate Commerce Commission for an irregularly scheduled route. SECTION 3-2. QIIALIFICATION FOR BCHEDIILED SHIITTLE SERVICE DRIVER'S PERMIT (1) To qualify for a Scheduled Shuttle Service Driver's permit, an applicant must; (a) be at least 19 years of age; States; (b) be a currently authorized to work full-time in the United (c) hold a valid Driver's license issued by the State of Texas; (d) be able to communicate effectively in the English language; (e) not be afflicted with a physical or mental disease or disability that is likely to prevent him from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; (f) not have been convicted of more than four moving traffic violations arising out of separate transactions (within any 12 month period during the preceding 36 months); (g) not have been involved fn more than two automobile accidents in which it could be reasonably determined that the applicant was at fault (within any 12 month period during the preceding 36 months); (h) not have been convicted of a crime: (A) involving: (i) criminal homicide as defined in Chapter 19 of the Texas Penal Code; (fi) kidnapping as defined in Chapter 20 of the Texas Penal Code; 12 (i.ii) asexual offense as defined in Chapter 21 of the Texas Penal Code; (iv) an assaultive offense as defined in Chapter 22 of the Texas Penal Code; (v) robbery as defined in Chapter 29 of the Texas Penal Code; (vii). burglary as defined in Chapter- 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a passenger transportation service; (vii) theft as defined in Chapter 31 of the Texas Penal Code, but only if the offense was committed~against a person with whom the applicant came in contact xit3: while engaged in a passenger transportation s®rvice; (viii) fraud as defined in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact arith while engaged in a passenger transportation service ; (ix) tampering with a governmental record as defined in Chapter 3;7 of the Texas Penal Code, but only if the offense was committed in connection with in a passenger transportation service; (x) public indecency (prostitution or obscenity) as defined in Chapter 43. of the Texas Penal Code; (xi) the transfer, carrying or possession of a weapon in violation of Chapter 4.6•of the Texas Penal Code, but only if the violation is punishable as~a felony; (xii) a violation of the Dangerous Drugs Act {Article 447 6-14, Vernon's Texas Civil Statutes)' that is punishable as a felony; (xiii) a violation of the Controlled Substances Act (Article 4476-15, Vernon's Texas Civil Statutes) that is punishable as a felony; or (xiv) criminal attempt to commit any of the offenses listed in Subdivision {h) (A) (i) - {xiii) of this subsections (B) and, for which: (i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the Inter date, if the applicant was convicted of a misdemeanor offense; ,* 13 (ii) less than five years have elapsed since the date c® conviction or the date of release from eonfinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if within any 24- month period, the applicant has. two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; (i) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: (A) within the preceding 12 months; or (B) more than one time within the preceding 5 years; (j) not be addicted to the use of alcohol or narcotics; (k) be subject to no outstanding warrants of arrest; (1) be sanitary and well-groomed in dress and person; (m) be recommended by a Holder; and (n) have successfully completed within the preceding 12 months a defensive driving course approved by the Texas Education Agency and be able to present proof of completion. (2) An applicant who has been convicted of an offense listed in Subsection (1) (h) or (i), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a Scheduled Shuttle Service Driver's permit only if the Administrator determines that the applicant is presently fit to engage in the occupation of a Scheduled Shuttle Service Driver. In determining present fitness under this section, the Administrator shall consider the following: (a) the extent and nature of the applicant's past criminal activity; (b) the age of the applicant at the time of the commission of the crime; (c) the amount of time that has elapsed since the applicant's last criminal activity; (d) the conduct and work activity of the applicant prior to and following the criminal activity; 14 k ll~ `~ (e) evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated, following release or otherwise following conviction; and (f) other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional. officers who prosecuted, arrested, or had custodial or rehabilitative responsibility for the applicants the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant. (3) It is the responsibility of the applicant to the extent possible, to secure and provide to the Administrator the evidence. required to detenaine present fitness under Subsection (2) of this section and under Section 3.8(1) of this article. (4) As an additional qualification for a Scheduled Shuttle Service Driver's permit, the Administrator may uniformly require applicants to pass an examination given by the Administrator that tests an applicant's knowledge of traffic laws., a Driver's duties under the Rules and Regulations, and the geography and road networks of the cities or counties surrounding the Airport. SECTION 3-3. APPLICATION FOR SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT To obtain a Scheduled Shuttle Service Driver's permit or renewal of a Scheduled Shuttle Service Driver's permit, a person must file a completed written application with the Administrator on a form provided for that purpose. The Administrator aYrai~ may require each application to state such information he considers necessary to determine whether an applicant is qualified. SECTION 3-~. INVESTIGATION OF APPLICATION (1) For the purpose of determining qualification under Section 3- 2 (1) (e), the Administrator may require an applicant to submit to a physical examination at the applicant's expense conducted by a licensed physician acceptable to the Administrator and to furnish to the administrator a statement signed by. the physician, certifying that the physician has examined the applicant and that. in the physician's professional opinion the applicant is qualified under Section 3-2 (1) (e) and able to operate a Scheduled. Shuttle Vehicle at the Airport. (2) The Administrator may conduct any other investigation he considers necessary to determine whether an applicant for a Scheduled Shuttle service Driver's permit is qualified. 15 SECTION 3-5. I88IIANCE AND DENIAL OF BCHEDDLED BHIITTLE SERVICE DRIVER~B PERMIT ~^ (1) If the Administrator determines that an applicant fs qualified, he shall issue a Scheduled Shuttle Service Driver's permit to the applicant. (2) The Administrator shall delay until final adjudication or other disposition the approval of the application of any applicant who is under indictment for or has charges pending for: (a) a felony offense involving a crime described in Section 3- 2 (h) (A) (i) , (fi) , (iii) , (iv) , (v) or criminal attempt to commit any of those offense; or (b) any offense involving driving while intoxicated. (3) The Administrator may deny the application for a Scheduled Shuttle Service Driver's permit if the applicant: (a) is not qualified under Section 3-2; (b) refuses to submit to or does not pass a medical or written examination authorized under Section 3-2 or Section 3-4; or (c) makes a false statement of a material fact in his application for a Scheduled Shuttle Service Driver's permit. (4) If the Administrator determines that a Scheduled Shuttle Service Driver's permit should be denied the applicant, the Administrator shall notify the applicant in writing that his application is denied and include in the notice the reason for denial and a statement informing-the applicant of his right of appeal. SECTION 3-6. EXPIRATION; VOIDANCE IIPON 80SPENSION OR REVOCATION OF STATE DRIVER'8 LICENSE Except in the case of a probationary or provisional permit a Scheduled Shuttle Service Driver's permit expires two years from the date of issuance. If a permfttee's state driver's license is suspended or revoked by the state., his Scheduled Shuttle Service Driver's permit automatically becomes void". A permittee shall notify the Administrator within three days of a suspension or revocation of his driver's license by the state and shall immediately surrender his Scheduled Shuttle Service Driver's permit to the Administrator. SECTION 3-7. PROVISIONAL PERMIT (1) The Administrator may issue a provisional Scheduled Shuttle Service Driver's permit if he determines that: 16 0 (a) the number of Scheduled Shuttle Drivers is inadequate to meet the Airport's need for Scheduled Shuttle Service, in which case he may issu e the number necessary to meet the need; (b) it is necessary to allow the Administrator to complete. investig ation of an applicant for a Scheduled Shuttle Service Driver's permit. (2) A provisional Scheduled Shuttle Service Driver's permit expires 45 days from the date of issuance, or upon the applicant's being denied a Schedu led Shuttle Service Driver's permit, whichever occurs first. (3) The Administrator may issue a provisional permit to a person holding a state Driver's license, in accordance with Article 6687 b, Section 5 (b), Vernon's Texas Statutes. ~, SECTION 3-8. PROBATIONARY PERMIT (1) The Administrator may issue a probationary Scheduled Shuttle Service Driver's permit to an applicant who fs not qualified for a Scheduled Shuttle Service Driver's penait under Section 3-2 if the applicant: (a) could qualify under Section 3-2 for a Scheduled Shuttle Service Driver's permit within one year from the date of application; ' ..~ s license (b) holds a valid state driver ~~1 ~ P.r • ~ ~ ~ ~ ~ ~ ~ ~ / ~lT1Li (c) is determined by the Administrator, using the criteria listed in Section 3-2~ (2) of this article:, to be presently fit to engage in the occupation of a Scheduled Shuttle Service Driver. (2) A probationary Driver's permit may be issued for a period not to exceed one year. (3) The Administrator°may prescribe appropriate terms and conditions for a probationary Scheduled Shuttle Service Driver's permit as he determines are necessary. SECTION 3-9. DIIPLICATE PERMIT If a Scheduled Shuttle Service Driver's permit fs lost or destroyed, the Administrator may issue the permittes a duplicate permit upon receiving payment of a duplicate permit fes in accordance with the Dallas/Fort Worth International Airport Board Schedule o! Charges, as amended. ,. 17 SECTION 3-10. DISPLAY/BIIRRENDER OF PERMIT (1) While on duty a Scheduled Shuttle Service Driver shall conspicuously display his Scheduled Service Driver's Permit issued by the Administrator on the upper portion of ter h~ outer clothing. ~° (2) The Scheduled Shuttle Service Driver's permit is the property of the Dallas/Fort Worth International Airport and must be surrendered upon termination or when deemed invalid or upon request by the Administrator, or a D/FW Airport Board official, peace officer, or City of Dallas Transportation Regulation employee. (3) A Scheduled Shuttle Service Driver shall allow the Administrator, D/FW Airport Board official, peace officer or City of Dallas Transportation Regulation employee to examine his Scheduled Shuttle Service Driver's permit upon request. SECTION 3-11. SIISPENBION BY A DESIGNATED REPRESENTATIVE (1) If a representative designated by the Administrator to enforce these Rules and Regulations determines that a permittee has failed to comply with the Rules and Regulations (except Section 3-2), the representative may suspend the Scheduled Shuttle Service Driver's permit for a period of time not to exceed 30 days by serving the permittee with a written notice of the suspension. The notice must include: (a) the reason for suspension; (b) the date the suspension begins; (c) the duration of the suspension; and (d) a statement informing the penaittee of his right of appeal. (2) A suspension under this section may be appealed to the Administrator if the permittee submits a written request to appeal to the Administrator within ten days of receiving written notice of the suspension. When an appeal is requested, the suspension may not take effect until a decision on the appeal is issued by the Administrator. (3) The Administrator may order an expedited hearing under this section, to be held as soon as possible after th® permittee requests an appeal. The Administrator may affirm, reverse, or modify the order of the representative. (4) A permfttee whose Scheduled Shuttle Service Driver's permit is suspended shall not originate a Scheduled Shuttle Service trip at the Airport during the period of suspension. The Administrator may also order that the permittee not terminate trips at the Airport during th® period of suspension. 18 SECTION 3-12. BIISPENSION OF BCHEDIILED SHIITTLE BERVIC$ DRIVER~B HERMIT (i) If the Administrator determines that a permittee has failed to comply with any provision of the Rules and Regulations (except Section 3-2), the Administrator may suspend. the. Scheduled Shuttle service Driver's permit for a definite. period of time not to exceed six months g~ sg~ ~ administrative fine ~ accordance with ,section 8-7. (2) If at any time the Administrator determines that a permittee is not qualified under Section 3-2, the Administrator shall suspend the Scheduled Shuttle Service Driver's penait until the Administrator determines that the permittee is qualified. A Driver shall provide the Administrator with necessary information or proof of his qualifications upon request: (3) A permittee whose Scheduled Shuttle Service Driver's permit is suspended shall not originate a Scheduled Shuttle Service trip at the Airport during the period of suspension. The Administrator may also order that the permittee not terminate trips at the Airport during the period of suspension. (4) The Administrator shall notify the permittee and the Holder employing the penaittee, in writing, of a suspension under this section. The notice must include: (a) the reason for the suspension; (b) the date the Administrator orders the suspension to begin; (c) the duration of suspension or if it is under Subsection (2) ; and (d) a statement informing the permittee.of his right of appeal. (5) The period of suspension begins on the date specified by the Administrator, or in the case of an appeal, on the date. ordered by the appeal hearing officer . SECTION 3-13. REVOCATION OF SCHEDIILED SHIITTLB SERVICE DRIPER'S PERMIT (1) The Administrator may revoke a Scheduled Shuttle Service Driver's permit if the Administrator determines that the permittee: (a): operated a Scheduled Shuttle Vehicle inside the Airport during a period in which his Scheduled Shuttle Service Driver's permit was suspended; (b) made a false statement of a material fact in his application for a Scheduled Shuttle Service Driver's permit= 19 (c) engaged in conduct that constitutes a ground for suspension under Section 3-12 (1) and received either a suspension in excess of 10 days or a conviction for violation of the Rules and Regulations, two times within the 12-month period preceding the conduct or three times within the 24-month period preceding the conduct; (d) was convicted of any felony offense listed in Section 3-2 while holding a Scheduled Shuttle Service Driver's permit; (e) engaged in conduct that could reasonably be determined to be detrimental to-the public safety; (f) failed to comply with a condition of a probationary penait; (q) failed to surrender the appropriate scrip tickets for the payment of fees prescribed in Section 2-9 fn the manner approved by the Administrator; or (h) operated a vehicle for a Person not holding a valid Scheduled Shuttle Service Operating Authority. (2) A person whose Scheduled Shuttle Service Driver's penait is revoked shall not: (a) apply for another Scheduled Shuttle Service Driver's permit before the expiration of 24 months from the date the Administrator revokes the penait or, in the case of an appeal, the date® the appeal hearing officer affirms the revocation; or (b) operate a Scheduled Shuttle Vehicle at the Airport. (3) The Administrator shall notify the permittee in writing of a revocation. The notice shall include: (a) the reason for the revocation; (b) the date the Administrator orders the revocation; and (c) a statement informing the permittee of his right of appeal. SECTION 3-14. BCHEDIILED BHIITTLE OPERATION AFTER SOSPENBION OR REVOCATION (1) After receiving notice of suspension or revocation of a permit or denial of a permit renewal, the permittee shall, on the date specified in the notice, surrender his Scheduled Shuttle Service Driver's permit to the Administrator and discontinue operating a Scheduled Shuttle Vehicle at the Airport. ao ~. , (2) Notwithstanding Section 3-12 (3) and Subsection (1) of this section, if the permittee appeals the suspension or revocation of a Scheduled Shuttle Service Driver's permit, he may continue to drive a Scheduled Shuttle Vehicle at the Airport pending the appeal unless: (a) the permittee is not qualified under Section 3-2; or (b) the Administrator determines that continued operation by the permittee would impose an immediate threat to the public safety. (3) A Driver shall comply with the decision of the appeal hearing officer. (4) Upon completion of a suspension, it is the Driver's responsibility to retrieve his permit prior to resuming operations. SECTION 3-15. APPEAL OF DENIAL, BIISPENBION, OR REVOCATION The denial of an application fot issuance or renewal of a. Scheduled Shuttle Service Driver's permit, a suspension of a Scheduled Shuttle Service Driver's permit under Section 3-12, or a revocation of a Scheduled Shuttle Service Driver's permit may be appealed in accordance with Section 8-5 of the Rules and Regulations. SECTION 3-16. NONTRANSFERABILITY (1~ A Scheduled Shuttle Service Driver's permit, badge, decal, ticket, or emblem assigned to one person is not transferable to another. (2~ A Scheduled Shuttle Service Driver's permit is not transferable to another company and becomes invalid upon termination of the Driver's employment for any reason unless authorized by the Administrator. (3) A Person commits an offense if he: (a) forges, alters, or counterfeits a Scheduled Shuttle Service Driver's permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable law; or (b) possesses a forged, altered, or counterfeited Scheduled Shuttle Service Driver's permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable laws or (c) possesses more than one Scheduled Shuttl® Service Driver's permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable law. SECTION 3-i7. CIIRRENT MAILING ADDREBB OF PERMITTEE (1) A person issued a Scheduled Shuttle Service Driver's permit shall maintain a current mailing address on fils with tha Administrator. 21 . J (2) The permittee shall notify the Administrator of any change in this mailing address within five business days of the change. ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-1. HOLDER'S AND DRIVER'S DUTY TO COMPLY (1)' Holder"... In the operation of a Scheduled Shuttle Service, a .Holder shall comply with the terms and conditions of the Holder's Operating Authority, Lawful Orders of the Administrator, and, except to the extent expressly provided otherwise by the Operating Authority, the Rules and. Regulations,. and other laws applicable to the operation of a Scheduled. Shuttle Service. (2) Driver. While operating a Scheduled Shuttle Vehicle at the Airport, a Driver shall comply with the Rules and Regulations, other laws applicable to the operation of a motor vehicle in this state, Lawful Orders of the Administrator, and orders issued by the Holder employing or contracting with the Driver in connection with the Holder's discharge of its duty under its Operating Authority and the Rules and Regulations. SECTION 4-2. HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIDERS (1) A Holder shall establish policy and take action to discourage, prevent, or correct violations of the Rules and Regulations. procedures and Lawful Orders by Drivers who are employed by the Holder. (2) A Holder shall not permit a Driver who is employed by the Holder to operate a Scheduled Shuttle Vehicle in Scheduled Shuttle Service if the Holder knows or has reasonable cause to suspect that the Driver is in violation of the Rules and Regulations or other applicable law, the terms of his Scheduled Shuttle Service Driver's Permit, or the Lawful orders of the Administrator. 16ECTION 4-3. DRIVER AB EMPLOYEE (1) All Drivers of a Scheduled Shuttle Service shall be bona fide employees of the Holder. SECTION 4-4. INSURANC$ (1)- A Holder shall procure and keep in full forc automobile liability insurance, written by an insuranc to do business in the State of Texas and acceptable to Administrator, issued in the stand~x'd form approved by za e and effect e company approved the c~tZ- the State Board authority from the Holder. of Insurance. The insured provisions of the policy must name the Dallas/Fort Worth International Airport board, the City of Dallas, the City of Fort Worth, and their respective officers and employees as additional insureds and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a Scheduled Shuttle Service by the Holder. (2) The automobile liability insurance must provide limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence, combined single limit, or the equivalent, for each motor vehicle used by the Holder, with a maximum deductible of not more than $1,000 per claim. Aggregate limits of liability are prohibited. The insurance must. include uninsured and underinsured motorist coverage in amounts not less than $40,000 per accident and $20,000 per person for bodily injury and $15,000 per accident for property damage, or the equivalent. (3) If a vehicle is removed from service, the Holder shall maintain the insurance coverage required by this section for the vehicle until the Administrator receives satisfactory proof that all evidence of operation as a Scheduled Shuttle Vehicle has been removed from the vehicle and that the vehicle has in fact been removed from service. (4) Insurance required under this section must: (a) Include a cancellation provision. in which the insurance company is required to notify the Administrator in writing not fewer than 30 days before cancelling, failing to renew, or making a material change to the insurance policy; and (b) Include a provision to cover all vehicles, whether owned or not owned by the Holder, operated under the Holder's Operating Authority. (5) No insurance required by this section may be obtained from an assigned risk pool. (6) Operating Authority will not be granted or renewed unless the applicant or Holder furnishes their Administrator with such proof of insurance as the d-irec~tor Administrator considers necessary to determine whether the applicant or Holder is adequately insured under this section. (7) A copy of documents establishing compliance with insurance requirements shall be on file with the Administrator at all times. (8) Failure to maintain minimum insurance. standards shall result in the immediate suspension of the Holder's Operating Authority. If the Operating Authority is suspended for failure to maintain insurance, ft may not be reinstated until satisfactory proof o! insurance meeting minimum requirements is submitted and confirmed by the Administrator. 23 ~. . (a) A person commits an offense if he operates a passenger transportation service while his Operating Authority is suspended under this Subsection-, whether or not the action is appealed. (b),~ A fee for reinstatement Operating Authority after a suspension under Subsection will be in accordance with tha Dallas/Fort Worth Airport Board Schedule of Charges. (9) If new insurance is not obtained within 45 days of being lapsed or canceled, the Holder must submit a new application for Operatinq,Authority as; listed in Section 2-2, and pay all fees as required by°Section 2-9 of these Rules and Regulations. SECTION 4-5. HOLDER'S SERVICE RESPONSIBILITIES (1) A Holder shall provide Scheduled Shuttle Service for passengers at the Aiicport in accordance with service levels and standards approved by the Administrator, the Airport Board, and the Cities of Dallas and Fort Worth. (2) A Holder shall cooperate with the Administrator in all phases of Scheduled Shuttle Service operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the Administrator for Scheduled Shuttle Service during periods of shortage. SECTION 4-8. INFORMATION TO BE SIIPPLIED IIPON REQUEST OF ADMINISTRATOR In addition to any other information or upon request of the Administrator, a Holder shall submit to the Administrator the following information: (1) a current list of vehicles; (2) a current financial statement which includes a balance sheet/income. statement; (3) names of current officers, Owners, and managers of the Scheduled Shuttle Service; and (4) a list of the names and Scheduled shuttle Service Driver's permit numbers of current D=ivers`~employed by the Holder. ARTICL$ O SERVICE RULES AND REGULATIONS SECTION 5-1. PARRINO (1) A Driver shall park only on designated Scheduled Shuttle Vehicle Holding Stande while serving the Airport. 24 (2) A person commits an offense if he: (a) parks a vehicle on a Scheduled Shuttle Vehicle Holding Stand without authorization from the Administrator; or (b) leaves a vehicle unattended on a Scheduled Shuttle Vehicle Holding Stand; except, that a Driver may leave his Scheduled Shuttle Vehicle to provide such assistance to a passenger as is reasonably necessary after being engaged. (3) In proving an offense under Subsection (2) (a), it is prima facie evidence that a vehicle is unauthorized if the vehicle is not equipped with a decal in accordance with Section 7-3 of these Rules and Regulations. (4) A vehicle left unattended on a Scheduled Shuttle Vehicle Holding Stand in violation of Subsection (2) (b) is illegally parked and may be removed from the Holding Stand and impounded with all towing and storage fees to be paid by the vehicle Owner. SECTION 5-2. REGULATIONS FOR USE OF HOLDING STANDS (1) While using a Scheduled Shuttle Vehicle Holding Stand, a Scheduled Shuttle Service Driver shall not: (a) leave his Scheduled Shuttle Vehicle except to provide suo, assistance to a passenger as is reasonably necessary after being engaged; (b) perform or allow to be performed repairs or maintenance on a Scheduled Shuttle Vehicle while parked on the Holding Stand; or (c) utilize the Holding Stand while off duty. (2) A Scheduled Shuttle Service Driver operating a Scheduled Shuttle Service Vehicle shall: (a) remain at the Holding Stand only long enough to load or discharge passengers and then expeditiously progress to the next scheduled Holding Stand or exit the Airport; .and (b) enter a Holding Stand only at those times listed fn the schedule on file with the Administrator. BECTION 5-3. LOADING AND DISCHARGE OF PASSENGEItB (1) A Driver shall load passengers and baggage into a Scheduled Shuttle Vehicle only at designated Holding Stands. (2) Unless otherwise authorized by the Administrator, a Driver shall use the lower level at terminals to discharge passengers, except when increased hardship would result to a passenger afflicted with a severe physical or mental disability. 28 BECTION 5-4. CRIIISINO T8E AIRPORT (1) A Driver shall not cruise the Airport. A Driver is "cruising" anytime he drives a Scheduled Shuttle Vehicle within 1,000 feet of a terminal or a hotel on the Airport without: (a) a passenger to be discharged at the terminal or hotel; t (b) following the approved schedule and route contained in the Holder's Operating Authority, if applicable; (c) trip authorization by the Administrator; (d) taking a direct route to leave the Airport. SECTION 5-5. SOLICITATION AND ACCEPTANCE OF PABSENaERB (1) A person commits an offense if he: (a) by word or gesture solicits or accepts a passenger for a Scheduled Shuttle Vehicle at the Airport in a location other than an area specifically authorized by the Administrator for the solicitation or acceptance of Scheduled Shuttle Service passengers; (b) solicits a passenger by means of an electronic device designed to amplify sound or in a manner that unreasonably annoys or }obstructs the movement of a person;. or (c) pays an employee of another business to solicit passengers for or give preferential treatment in directing passengers to a Scheduled Shuttle Vehicle, unless the person has written permission from the Administrator and the Executive Director of the Airport or his designated representative. (2) A person who acts as an agent in obtaining. Scheduled Shuttle Service for prospective passengers sha-11 not:- (a) solicit passengers for the service; or (b) accept payment from a Driver or Holder fn return for giving preferential treatment in directing passengers to the Driver's or Holder's~Scheduled Shuttle Service. (3) A person commits an offense if he: fit: 26 (a) solicits on behalf of a Scheduled Shuttle Service, Holder, or Driver that does not have a valid Operating Authority, or valid permit under this chapter; or (b) hires, employs, or engages a Scheduled Shuttle Service, Holder, or Driver that does not have a valid permit or valid Operating Authority under this chapter. SECTION 5-6. CONDIICT OF DRIVER (1) A Driver shall: (a) conduct himself in a reasonable, prudent, and courteous manner; (b) maintain a sanitary and well-groomed appearance; (c) not, while operating a Scheduled Shuttle Vehicle, consume, possess or be under the influence of: (i) any alcoholic beverage; (ii) any drug; or (iii) any other substance which could adversely affect his ability to drive a motor vehicle; (d) not interfere with the Administrator in the performance of his duties; (e) not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, Airport building or roadway in a manner that unreasonably annoys or impedes the movement of a person or vehicle; (f) comply with Lawful Orders of the Administrator issued in the performance of his duties; (g) not deposit any bottle, can, trash, debris, junk, food, or other object on or around a Holding Stand, building or Airport roadway except in an authorized trash receptacle; and (h) not file a false report or make a false statement to the Administrator. SECTION 5-7. RETIIRN OF PASSENaER,B PROPERTY (1) Upon finding property left by a passenger in a Scheduled Shuttle Vehicle, the Driver shall immediately return the property to the owner of that property. 27 2. If the Driver is unable. to locate () does not know the identity shall immediately notify by radio or telex property left by a passenger in a vehicl®, Holder and;. notify the Administrator ot~ thQ the property. SECTION°5-8-. PREARRANGED BHIITTLE BERQICB the owner or if the Driver of the owner, the Driver phone, the Holder of any deliver the property to the location-and description of (~) Prearranged shuttle service, or service provided by a shuttle service on a prearranged basis is not permitted at the Airport without prior approval from the Administrator. (2) It is a defense to prosecution that such service was provided by a city, state, or federal transit agency, or recognized regional transit authority. SECTION 5-9. SCHEDULED SHIITTLE SERVICE (1) Scheduled Shuttle Vehicles shall be operated along routes or in accordance with schedules as specified in the Holder's Operating Authority that must be current and kept on file with the Administrator. (2) A Driver or Holder shal-1 follow the service schedule of times and frequency on file with the Administrator, except that in the case a Scheduled Shuttle Vehicle is filled to seating capacity prior to reaching the next scheduled location. In this case, the following procedure must be followed: (a) The. Administrator shall authorize the Scheduled Shuttle Vehicles to leave the Airport and shall authorize another Scheduled Shuttle Vehicle of the same authorized company to complete the schedule of times and frequency. (b) An additional vehicle shall be dispatched by the Holder to complete the schedule of times. and frequency on file with the Administrator. (3) A Driver or Holder commits an offense if he: (a) dr~ives.Finto a terminal area o= solicits or accepts passengers at a time or location or in a manner other than as provided for in the Holder's Operating Authority; (b) enters into a terminal area in a>Scheduled Shuttle Vehicle without,.displayinq an outbound destination sign that is clearly visible, both day and night, to awaiting passengers; (c) solicits Q~ accepts $ passenger 3ntend~ ~ mother.. Scheduled Shuttle Vehicle with A different destination.: 28 (d) trans~g~,g A passenger that bg accepted ~Q another Scheduled Shuttle Vehicle with ~ different destinations ~- (e) makes more than one complete circuit throuch ~,g Airport Terminal Areas with outbound passengers ~ board. (5) A Scheduled Shuttle Service shall serve each approved route on a frequency schedule with not more than 120 minutes between scheduled departure times from the Airport. A Scheduled Shuttle Service shall provide continuous service at least 12 hours a day, six days a week and at least eight hours a day, one day a week. A Scheduled Shuttle Service is not required to operate on the following holidays: (a) New Year's Day (January 1); after; (b) Memorial Day (Last Monday in May); (c) Independence Day (July 4); (d) Thanksgiving Day (Fourth Thursday in November) and the day (e) Christmas Day (December 25); and (f) Easter Sunday. (6) Each Scheduled Shuttle Service shall provide service at times specified in the Operating Authority. A Scheduled Shuttle Service shall maintain an "on time" rating of zero to 10 minutes after scheduled arrival time for not less than 80 percent of the total scheduled trips. Computation of "on time" ratings will be determined using sampling procedures established by the Administrator. (7) Each Holder of a Scheduled Shuttle Service using approved Sedan- Type vehicles shall maintain a minimum of five (5) vehicles in service for each zone or route serviced on a daily basis. Each Holder of a Scheduled Shuttle Service using an approved Van-Type vehicle shall maintain a minimum of five (5) vehicles for each zone or route serviced on a daily basis. (a) If a Scheduled Shuttle Service's minimum vehicle requirement is not maintained, a show cause hearing shall be automatically initiated by the Administrator . (b) Permanent Scheduled Shuttle Vehicles authorized for Scheduled Shuttle Service shall be owned and registered by the Holder. (c) All temporary and/or lease vehicles authorized for temporary Scheduled Shuttle Service shall be controlled by the Holder. 29 N • (8) A Holder of Scheduled Shuttle Service Operating Authority may not subcontract his Operatinq.,Authority. (9) A Holder/Owner of Operating Authority for Scheduled Shuttle Service shall handle all customer complaints on a timely basis, and advise the Administrator of any and all action taken in response to the complaint. (10) The Administrator may establish additional procedures to monitor the service levels of Scheduled Shuttle Service at the Airport, including but not limited to: (a) condition of Schedule Service Vehicles; (b) constancy of service at the Airport; (c) adherence to all Rules and Regulations; (d) Driver conducts and (e) passenger complaints. SECTION 5-10. NOT-FOR-HIRE STATII8 OF SCHEDIILED BHIITTLEB (].?) Each Scheduled Shuttle Vehicle operating at the Airport is presumed to be on duty and ready to serve the general public for hire. If a Driver is not for hire and does not intend to provide Scheduled Shuttle Service at the Airport, he shall comply with the following requirements: (a) The Driver shall place a sign,. to be provided by the Bolder, in the Scheduled Shuttle Vehicle indicating the words "NOT FOR MIRE" printed in letters not less. than three inches in height with a stroke of not less than 3/8 inch. The letters shall be on a backing of sufficient thickness to not easily bend. (b) When a Driver is not for hire, he shall display the sign in an upright position in the front window on the right side of the Scheduled Shuttle Vehicle so as to be easily seen and read from outside of the Scheduled Shuttle Vehicle. (2) A Driver who is not for hire shall not park or stand his Scheduled Shuttle Vehicle on a Scheduled Shuttle Vehicle Holding Stand or within 500 feet of a Scheduled Shuttle Vehicle Holding Stand or along or in the one hour parking zones of the Airport roadways. u 30 ARTICLE vI. FARES BECTION 6-1. RATES OF FARE (1) A Driver or Holder shall not charge a fare for operating a Scheduled Shuttle Vehicle at the Airport that is inconsistent with the rates authorized in the Holder's Operating Authority. (2) A Holder desiring to effect a change in the approved rates of fare shall submit a written request in accordance with Section 2-4 of the Rules and Regulations. (3) The rates listed in the Holder's Operating Authority shall be strictly adhered to, and no change in rates may be implemented without written approval of the Administrator. (4) The Administrator may require a Holder to display rates on or within a Scheduled Shuttle Vehicle in a manner prescribed by the Administrator. (5) The Driver or Holder shall give the person paying a fare a ticket or receipt that indicates the name, address, and phone number of the Scheduled Shuttle Service and the amount of the fare. ARTICLE VII. VEHICLES AND EQUIPMENT .... SECTION 7-1. VEHICLE INSPECTION (1) A Holder of a Scheduled Shuttle Service permit shall maintain all vehicles used in the service in a safe mechanical condition and shall maintain the interior and exterior of the vehicles in good repair. (2) A Holder shall have each vehicle to be used fn Scheduled Shuttle Service inspected in a manner approved by the Administrator before Operating Authority is issued and at such other times as may be ordered by the Administrator. Inspection shall determine safety of the vehicle, condition of maintenance, and compliance with all state an8 federal laws including those regulating emission of air contaminants. (a) A Holder, Owner, or Driver shall make a Scheduled Shuttle Vehicle available for inspection when ordered by the Administrator. (b) If a Holder, Owner, or Driver fails to make a Scheduled Shuttle Vehicle available for inspection or ff the Administrator determines that a Scheduled Shuttle Vehicle is not in compliance with the Rules and Regulations, the Administrator may order the Scheduled Shuttle Vehicle removed from service at the Airport until it is made available for inspection and/or brought into compliance. 31 (c) If the Administrator determines that inspection of the mechanical condition or safety equipment of a Scheduled Shuttle Vehicle by an expert mechanic or technician is necessary, the Holder, Owner, or Driver shall pay the cost of the inspection. (3) A Holder may have a reasonable number of reserve vehicles inspected for use when a vehicle designated by Operating Authority is out-of-service. The Administrator shall determine the number of reserve vehicles that a Holder may have inspected when reserve vehicle inspection is requested. (4) The fee for each inspection of each vehicle of a Holder will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (5) The Administrator shall designate the time and place for annual inspection of vehicles operated under Operating Authority. If the Administrator designates someone other than a city employee to perform the inspection, the applicant or Holder shall bear the reasonable cost of inspection. (6) A Holder may contract for maintenance but shall be responsible for maintaining or seeing that all vehicles operated under his Operating Authority are maintained in safe operating condition. (?) If a vehicle is involved in an accident or collision during the wterm of the permit, the Holder shall notify the Administrator within five days after the accident. Before operating the vehicle again under the permit, the vehicle must, be reinspected to insure that the vehicle has been restored to its previous condition. (8) The Holder/Owner shall immediately notify the Administrator of any vehicle removes from service, and shall be responsible for removing from the vehicle any signs, markings, or equipment that would distinguish the vehicle as a Scheduled Shuttle Vehicle, including, but not limited to, radios, destination signs, headers, decals and rate sheets. SECTION 7-2. VEHICLE EQIIIPMENT (1) A Holder, Owner, or Driver of a Scheduled Shuttle Vehicle shall provide and maintain the following equipment for each Scheduled Shuttle Vehicle whether the vehicles used are Van-Type vehicles or Sedan-Type vehicles: (a) an air conditioner system capable of cooling the passenger compartment to 20 degrees below the outside temperature and a heaters (b) afire extinguisher of at least one quart capacity located within Driver's reach; r:1 `J 3Z (c) a decal complying with Section 7-3~of the Rules and Regulations; (d) evidence of insurance; (e) an approved header/destination sign attached to the vehicle in a manner approved by the Administrator, that shows the destination of the vehicle and that is clearly visible, both day and night, to awaiting passengers; (f) a uniform paint/color scheme which has been approved by the Administrator; (g) a two-way radio on the company dispatcher's frequency that is operational during scheduled service hours; (h) any other equipment required to comply with all applicable Federal and State motor vehicle laws; (i) any other special equipment that the Administrator determines to be necessary; and (j) a rate schedule approved by the Administrator posted inside the vehicle in a manner approved by the Administrator. (2) In addition to equipment requirements specified in Section 7-2 (1) (a)-(j), a Holder, Owner, or Driver shall also provide and maintain the following equipment for each Van-Type Scheduled Shuttle Vehicle used in a Scheduled Shuttle Service: (a) a designated luggage holding area located separately from passenger seating; and (b) the name of the company and the equipment number permanently affixed to each side of the vehicle. in letters not less than three inches high with a one-half inch stroke. (3) In addition to equipment requirements specified in Section 7-2 (i) (a)-(j), a Holder, Owner, or Driver shall also provide and maintain the following equipment for each Sedan-Type Scheduled Shuttle Vehicle used in a Scheduled Shuttle Service: (a) a sign that has been approved by the Administrator and that clearly displays the company name, phone number and vehicle number permanently affixed on both sides of the vehicle in a manner approved by the Administrator. (b) a destination header attached in a manner approved by the Administrator. 33 ,. (4) All Scheduled Shuttle Vehicles and all Scheduled Shuttle Vehicle equipment must comply with all applicable federal and state motor vehicle safety standards. (5) This section does not apply to a Scheduled Shuttle Service with all points of destination outside Dallas and Tarrant counties. (6) The use of. any type of meter or measuring device for the calculation of rates is prohibited. (7) All temporary vehicles must have~a fire extinguisher. of at least one quart capacity, and a decal in accordance with Section 7-3 of the Rules and Regulations; a magnetic sign that displays the company name attached~to both.. sides of the vehicle, and also be equipped with a two-way radio on the company's dispatched frequency that is operational during the scheduled hours, and any other standards as determined by the Administrator. SECTION 7-3. DECALS (1) A Holder shall obtain from the Administrator a decal indicating a Scheduled Shuttle. Vehicle's authority to operate at the Airport. The decal must be attached to each Scheduled Shuttle Vehicle in a manner and location approved by the Administrator.. The decal is the property of the Dallas/Fort Worth International Airport Board". :~,(2=} The Administrator may cause a decal to be removed from a Scheduled Shuttle Vehicle which at any time fails to meet the minimum standards for appearance, condition, age, or equipment. The fee for reissuance of a decal to a Scheduled Shuttle Vehicle from which a decal has been removed by the Administrator will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. f (3) A person commits an offense if hez (a) operates a Scheduled Shuttle Vehicle at the Airport with an expired decal or with no decal affixed to it, except for the sole purpose of terminating a trip that lawfully originated outside the Airport; (b} attaches a decal to a vehicle not authorized to operate as a Scheduled Shuttle Vehicle at the Airports (c) parks a vehicle on a Scheduled Shuttle Vehicle Holding. Stand with an expired decal or with no decal affixed to it; (d) interferes with the Administrator in the removing of the decal in accordance with Section 7-36(2) of this article= or ~f 34 SECTION 7-4 FALSE REPRESENTATION A8 A BCHEDIILED BHIITTLE BERPICE" A Person commits an offense if he: (1) represents that a vehicle is a Scheduled Shuttle Vehicle if the vehicle is not in fact a Scheduled Shuttle Vehicle authorized to operate at the Airport. (2) operates a vehicle at the Airport that is not a Scheduled Shuttle Vehicle if the vehicle is marked, painted, advertised, or equipped in a way that is likely to result in mistaking the vehicle for a Scheduled Shuttle Vehicle; or (3) solicits or attempts to solicit passengers unless he is operating a Scheduled Shuttle Vehicle that is authorized to serve the Airport. ARTICLE oIII ENFORCEMENT SECTION 8-1. AIITHORITY TO INSPECT The Administrator may inspect a Scheduled Shuttle Service operating at the Airport to determine whether the vehicle/service complies with the Rules and Regulations established for Scheduled Shuttle Service operation or other applicable law. SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PIIBLIC SAFETY (1) Upon specific request of the Administrator, officers of the Airport's Department of Public Safety PS1 may assist the Administrator in the enforcement of the Rules and Regulations. (2) A ~S porlice officer upon observing a violation of this chapter or the regulations established by the Administrator, may take necessary enforcement action to insure effective regulations of Scheduled Shuttle Services. SECTION 8-3. CORRECTION ORDER (1) If the Administrator determines that a Holder is in violation of the terms of its Operating Authority, the Rules and Regulations, a Zawful Order of the Administrator, or other law, the Administrator shall notify the Holder in writing of the violation and by written order direct the Holder to correct the violation within a reasonable period of time. In setting the time for correction, the Administrator shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that fs unsafe or functioning improperly, the Administrator may order the Holder to immediately cease use of the equipment. 3S `~ (2) If the Administrator determines that a violation is an imminent and serious threat to the public health or safety, the Administrator may order the Holder to correct the violation immediately. If the Holder fails to comply, the Administrator shall promptly take or cause to be taken any action he considers necessary to the immediate enforcement of the order. (3) The Administrator shall include in a notice issued under this section: (a) an identification of the violation; (b) the date of issuance of the notice; (c) the time period within which the violation must be corrected; (d) a warning that failure to comply with the order may result in suspension or revocation of operating Authority, imposition of a fine, or both; and (e) ry._a statement indicating that the order may be appealed to the Executive Director of the Airport, or his designated representative. SECTION 8-4. (1) SER~TICE OF NOTICE A Holder shall designate and maintain a representative to: (a) receive service of notice required under the Rules and Regulations to be given a. Holder; and (b) serve notice required under the Rules and Regulations to be given a Driver employed by a Holder. (2) Notice required under the Rules and Regulations shall be given in the following manner: (a) a Holder must be personally served with the notice by the Administrator, or service may be accomplished by serving the Holder's designated representative, or the Holder may be served by certified. United States mail, five-day return receipt requested, to the addres~a last known to the Administrator of the person to be notified, or to the designated representative of the Holden (b) a Driver permitted under Article III must be personally served by the Administrator or served by certified United States mail, five-day return receipt requested, to the address, last known to the Administrator, of the person to be notified, or to the designated representative for the Driver; or <.~; 3a (c) a person other than a Driver licensed under Article III o a Holder may be served in the manner prescribed by Subsection (2) (b) o this section. (3) Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for a notice that is mailed is the date of receipt. SECTION 8-5. APPEALS (1) If the Administrator denies issuance or renewal of Scheduled Shuttle Service Operating Authority, suspends or revokes Scheduled Shuttle Service Operating Authority, denies issuance or renewal of a Scheduled Shuttle Service Driver's permit, suspends a Scheduled Shuttle Service Driver's permit under Section 3-12, revokes a Scheduled Shuttle service Driver's permit, or issues a correction order under Section 8-3, the action is final unless, within 10 days from the date of receiving the written notice of the action, the affected applicant, Holder, or Driver files an appeal, fn writing, with the Executive Director of the Airport specifying the reasons for the appeal. (2) The Executive Director of the Airport or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his =cling on the basis of a preponderance of evidence presented at the hearing. (3) The hearing officer may affirm, modify, or reverse all or part of the action or order of the Administrator being appealed. The decision of the hearing officer is final unless the action appealed from is a suspension, revocation or denial of a Person's license, operating Authority or permit because of the Person's prior Conviction of a crime and the crime's relationship to the license, Operating Authority or permit. In that event, the appealing party may seek judicial review of the action by the hearing officer in the State District Court pursuant to Texas Revised Civil Statues Annotated, Article 6252-13d. SECTION 8-6. CRIMINAL OFFEN8E8 (1) A person commits an offense if he violates or attempts to violate a provision of the Rules and Regulations applicable to him. A culpable mental state is not required for the commission of an offense under the Rules and Regulations unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under the Rules and Regulations is punishable by a fine not to exceed $500. 37 (2) Prosecution of an offense under Subsection the use of other enforcement remedies or procedures person charged with or the conduct involved in the SECTION 8-?. I-DMINIBTRATIQB FINES (1) does not prevent applicrible to the offense. (1) The Administrator or Executive Director of the Airport shall have the authority to levy an administrative fine against a Holder, Owner, or Driver who violates any provision of the Rules and Regulations, in lieu of any suspension action provided by Section 2-7 and Section 3-12 of the Rules and Regulations. (2) The fines shall be in established in accordance with the Dallas/ Fort Worth International .Airport Soard Schedule of Charges, as amended. (3) Delinquent or past due fines shall be Gauss for the Administrator or Executive Director of the Airport to immediately suspend any permit, Operating Authority, or written authorization of any Bolder, Owner or Driver until such fines are paid in full, or take any other legal action deemed necessary to recover delinquent or past dues fines. 38 CHAPTER 5C BUS RULES AND REGULATIONS Revised 9-13-90 ~`' SECTION 1-1. SECTION 1-2. SECTION 1-3. SECTION 1-4. SECTION 1-5. SECTION 1-6. ARTICLE I GENERAL PROVISIONS STATEMENT OF POLICY AUTHORITY FOR ENFORCEMENT EXEMPTIONS DEFINITIONS ESTABLISHMENT OF RULES AND REGULATIONS ESTABLISHMENT OF PROCEDURES ARTICLE II OPERATING AUTHORITY ~k. SECTION 2-1. SECTION 2-2. SECTION 2-3. SECTION 2-4. SECTION 2-5. SECTION 2-6. SECTION 2-7. SECTION 2-8. SECTION 2-9. SECTION 2-10. SECTION 2-11. SECTION 2-12. OPERATING AUTHORITY REQUIRED; NONTRANSFERABILITY APPLICATION FOR OPERATING AUTHORITY LIMITATIONS OF OPERATING AUTHORITY AMENDMENTS TO OPERATING AUTHORITY RENEWAL OF OPERATING AUTHORITY DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL SUSPENSION AND REVOCATION OF OPERATING AUTHORITY APPEAL OF DENIAL, SUSPENSION, OR REVOCATION FEES; ANNUAL ISSUANCE ADVERTISEMENT OF BUS,;. SERVICE TEMPORARY OPERATING AUTHORITY HOLDERS RECORDS AND REPORTS ARTICLE III BUS SERVICE DRIVER'S PERMIT ~~4~~•M SECTION 3-1. SECTION 3-2. SECTION 3-3. SECTION 3-4. SECTION 3-5. SECTION 3-6. SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 3-7. 3-8. 3-9. 3-10. 3-11. 3-12. 3-13. 3-14. 3-15. 3-16. 3-17. BUS SERVICE DRIVER'S PERMIT REQUIRED QUALIFICATION FOR BUS SERVICE DRIVER'S PERMIT APPLICATION FOR BUS SERVICE DRIVER'S PERMIT INVESTIGATION OF APPLICATION ISSUANCE AND DENIAL OF BUS SERVICE DRIVER'S PERMIT` EXPIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE PROVISIONAL PERMIT PROBATIONARY PERMIT DUPLICATE PERMIT DISPLAY/SURRENDER OF PERMIT SUSPENSION BY A DESIGNATED REPRESENTATIVE SUSPENSION OF BUS SERVICE DRIVER'S PERMIT REVOCATION OF BUS SERVICE DRIVER'S PERMIT BUS OPERATION AFTER SUSPENSION OR REVOCATION APPEAL OF DENIAL, SUSPENSION, OR REVOCATION NONTRANSFERABILITY CURRENT MAILING ADDRESS OF PERMITTEE ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-l. SECTION 4-2. SECTION 4-3. SECTION 4-4. SECTION 4-5. SECTION 4-6. ARTICLE V SERVICE RULES AND REGULATIONS SECTION 5-1. SECTION 5-2. SECTION 5-3. SECTION 5-4. SECTION 5-5. SECTION 5-6. SECTION 5-7. SECTION 5-8. SECTION 5-9. SECTION 5-10. HOLDER'S AND DRIVER'S DUTY TO COMPLY HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS DRIVER AS EMPLOYEE INSURANCE HOLDER'S SERVICE RESPONSIBILITIES INFORMATION TO BE SUPPLIED ON REQUEST OF ADMINISTRATOR PARKING REGULATIONS FOR USE OF HOLDING STANDS LOADING AND DISCHARGE OF PASSENGERS CRUISING THE AIRPORT SOLICITATION AND ACCEPTANCE OF PASSENGERS CONDUCT OF DRIVER RETURN OF PASSENGER'S PROPERTY PREARRANGED BUS SERVICE SCHEDULED BUS SERVICE. NOT FOR HIRE STATUS OF BUSES ARTICLE VI FARES SECTION 6-1. RATES OF FARE ARTICLE VII VEHICLES AND EQUIPMENT SECTION 7-1. VEHICLE INSPECTION SECTION 7-2. VEHICLE EQUIPMENT SECTION 7-3. DECALS SECTION 7-4. FALSE REPRESENTATION AS A BUS SERVICE ARTICLE VIII ENFORCEMENT SECTION 8-l. AUTHORITY TO INSPECT SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY SECTION 8-3. CORRECTION ORDER SECTION 8-4. SERVICE OF NOTICE SECTION 8-5. APPEALS SECTION 8-6. CRIMINAL OFFENSES SECTION 8-7. ADMINISTRATIVE FINES 0 0 BUS SERVICE Draft Revision 09-13-90 ARTICLE I GENERAL PROVISIONS SECTION 1-1. STATEMENT OF POLICY It is the policy of the Dallas/Font Worth International Airport Board and the cities of Dallas and Fort~Worth to promote adequate and efficient Bus Service at the Dallas/Fort Worth International Airport. To this end, Rules and Regulations for Bus operations at the Airport are developed to protect the public health and safety and to promotes the public convenience and necessity, and respects the concept of free enterprise. SECTION i-2. AUTHORITY FOR ENFORCEMENT The Director of Transportation for the City of Dallas is designated as the Administrator of the Dallas/Fort Worth International Airport Bus Rules and Regulations. The Administrator shall implement SECTION 1-3. EXEMPTIONS (1) These Rules and Regulations do not apply to a Bus or to a Person operating a Bus that is: (a) owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensation is received from any other Person for carrying the passengers; (b) provided by an employer or employee association for use in transporting employees between the employees' homes and the employer's place of business~or between workstations, with the employees reimbursing the employer or employee association fn the amount calculated only to offset the reasonable expenses of operating the vehicle; or (c) entering the Airport for the sole purpose of terminating a trip that lawfully originated outside of the Airport, except when the us is marked with a decal issued pursuant to this chapter. x Z (2) Articles- III and VIL Sexcludina Section 7-31 of these Rules and Regulations do not apply to: (a) the driver of a Bus operated under authority granted by the Interstate Commerce Commission to operate a regularly scheduled route, if the driver is operating within the scope of his employment; or (b) a Bus operated under authority granted by the Interstate Commerce Commission to operate a regularly scheduled route. (3) It is not a defense to prosecution that the Person was operating a vehicle granted a certificate issued by the Texas Railroad Commission, or granted operating authority by the Interstate Commerce Commission for an irregularly scheduled route. (4) These Rules and Regulations, except for Sections 5-1 through 5-6, do not apply to a Bus, or to a Person operating a Bus, that is owned by the federal or state government or by a political subdivision of the state. SECTION 1-4. DEFINITIONS The definition of a term in the Rules and Regulations applies to each grammatical variation of the term, unless the context requires a different definition: (1) ADMINISTRATOR means the Director of Transportation for the City of Dallas, or his authorized agent, with the responsibility of implementing and enforcing the Dallas/Fort Worth International Airport Bus Rules and Regulations. (2) AIRPORT means the Dallas/Fort Worth International Airport. (3) AIRPORT BOARD means the Dallas/Fort Worth International Airport Board, the governing body of the Airport. (4) BUS means a motor vehicle that has a manufacturer's rated seating capacity of more than 15 passengers including the Driver and that is used for the transportation of Persons on a prearranged basis. (5) BUS SERVICE means a passenger transportation service operated for hire on a prearranged basis that uses Buses in the operation of the Service and includes, but is not limited to, a facility from which the Service is operated, Buses used in the operation of the Service, a Bus Driver, and a Person who owns, controls, or operates the Service. 2 (5) A Person or vehicle exempted under this subsection is subject t4_a fee, in an amount to be designated by the Dallas/Fort Worth (6) CONTIGUOUS means abutting, adjacent, adjoining, bordering, and when concerning service zones, any address that can reasonably be determined to be on route to a final destination. (7) CONVICTION means a Conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. (8) DRIVER means an individual who drives or operates a Bus. (9) HOLDER means a Person, partnerahip~, corporation. ~ pint venture or other legal entity or relationship granted Operating Authority to provide Bus Service at the Airport, or his designated agent. (10) HOLDING STAND means a public place reserved exclusively for use by Buses and includes all authorized Bus queuing, loading, and holding areas. (11) LAWFUL ORDER shall mean a verbal or written directive issued by the Administrator or the Administrator's duly authorized representative in the performance of their duties, in the enforcement of the Rules and Regulations authorized by this article. (12) LEGAL RESIDENT means a citizen of the United States or a erson residing in the United States in accordance with federal immigration laws. (13) OPERATE means to drive or to be in control of a Bus. (14} OPERATING AUTHORITY means permission granted by the Administrator to operate a Bus Service at the Airport. (15) OPERATOR means the Driver of a Bus, the Owner of a Bus, or the Holder of Bus Operating Authority. (lb) OWNER shall be presumed to mean the Person to whom state license plates for a vehicle have been issued. (17) PERSON means an individual, corporation, government or governmental subdivision, or an agency, trust, partnership or two or more Persons having a joint or common economic interest. 3 (19) RULES AND REGULATIONS means the Bus Rules and Regulations established under Chapter 5C, "Bus Rules and Regulations," of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. (20) SERVICE AREA means the area made up of the counties of Dallas, Tarrant, Southeast Denton and Southwest Collin. SECTION 1-5 ESTABLI8HMENT OF RIILEB AND REQIILATIONB jl) Before adopting. amending or repealing a rule.. or regulation. the Administrator shall hold a public hearing on the proposal. The Administrator shall fix the time and place of the hearing and shall notify each Holder and such other Persons as the Administrator determines maybe interested in .the subject matter of the hearings arc ion. in one or more conspicuous places including the DFW ~ternational Airport Transportation Regulation office. Such posting must continue for a period not fewer than ten davs. The action shall become effective immediately upon expiration of the posting period. SECTION 1-6 ESTABLISHMENT OF PROCEDIIRES The Administrator may by written order establish procedures not inconsistent with the Rules and Regulations which he determines are necessary to discharge his duty to implement the Rules and regulations. ARTICLE II OPERATING AUTHORITY SECTION 2-1. OPERATING AUTHORITY REQIIIREDt NONTRANSFERABILITY (1) A Person or Owner shall. not operate a Bus Service or solicit passengers for a Bus Service at the Airport without Operating Authority granted under the Rules and Regulations. (2) A Person or Owner shall not transport a passenger for hire at the Airport by Bus unless the Person driving the Bus or another who employs or contracts with the Driver has been granted Operating Authority under the Rules and Regulations. f2) After the public hearing the Administrator shall notify the Holders and other interested Persons of any action adopting, amending or repealing a rule or regulation and shall post a notice of such (3) It fs NOT a defense to ti~te prosecution that the Bus Service originated the trip in another city, bringing passengers into D/FW Airport to be returned to their original location. (4) A Person shall not engage or hire a Bus which he knows does not have Operating Authority or another form of permission from the Administrator . (5) Operating Authority may not be transferred to another Person. BECTIO~1 2-2. APPLICATION FOR OPERATING AIITHORZTY (1) To obtain Operating~Authority, a Person shall submit an application on a form provided by the Administrator and a non- refundable~fee of $150 for processing. the application to the Administrator. The applicant must be the Person who owns, , a~ret~cs or who will own. the proposed Bus Service. An applicant shall file with the Administrator a written, verified application containing the following.: (a) a statement as to the type of Operating Authority (Bus. Service) for which application is made, including a statement as to which category (Prearranged Bus Service) the applicant proposes; mo(b) a description of..any past business experience of the pplicant=, particularly in providing passenger transportation services, and an identification and description of any prior revocation or suspension of a permit to operate a business or service using motor vehicles held by the applicant, the listed business, an affiliated business, or a Person with a direct interest in the, _..=_= __ ar=iii__p~, ?~=s_~:p_~; ownership of the business. (c) a. description of the proposed service including exact rates of fare to be charged: (d) the form of business of the applicant and, if the business is a sole proprietorship, partnership, corporation, or association, a copy of the documents establishing the business and the name, address and citizenship or legal residence of each Person with a ~~:_ __ _ __:=__ __ _ ownership in the business; (e) the name, address, and verified signature of the applicant; (f) the name of the city from which the applicant fs authorized' to operate a Bus Service and a copy of that city's document authorizing the Bus Service; (g) a list detailfna the number and a description of the vehicles the applicant proposes to use in the operation of the Bus Service including year, make, model, manufacturer's rated seating apacity, motor identification number and state license registration or each vehicle to be utilized; 5 (h) a description of the proposed insignia and color scheme, if applicable, for the applicant's Buses; (i) documentary evidence satisfactory to the Administrator from an insurance company, authorized to do business in the State of Texas indicating a willingness to provide liability insurance in the amounts specified in Section 4-4; (j) documentary evidence from the FCC, if applicable, showing that application has been made for a radio dispatching service license as required by U.S. Federal law; (k) any additional information the Administrator considers necessary to the implementation and enforcement of the Rules and Regulations, for the protection of the public safety, or to meet any other local state or federal laws rules, regulations or guidelines (2) Upon receipt of an application for a permit, the Administrator shall promptly notify in writing all other Persons holding a permit to operate a Bus Service at D/FW Airport informing them of the application, and notifying them that the application may be reviewed at the D/FW Airport Transportation Regulation Office, for a period of time not to exceed 10 days from the date of application. (3) Within a 45 days after notification to existing companies of the proposed application, the Administrator shall approve or deny the application for issuance of Bus Service Operating Authority provided no protests have been filed. _ (a) Upon receipt of a protest. the Administrator shall hold a the Airport. BEC'TION 2-3. LIMITATIONB OF OPERATING AIIT8ORITY (1) When issued, a permit shall only provide Operating Authority for the operation of a Bus Service at the Airport. (2) The operating Authority may also contain other conditions and limitations determined necessary by the Administrator, including, but not limited to: (a) the number and type of vehicles to be used in the permitted service: 6 0 0 (b) a description of vehicles to be operated; (c) the number of passengers that may be transported in each vehicle; (d) customers to be served; (e) .places of loading or unloading passengers; (f) schedules and routes to be followed; (g) maximum rates to be charged for the permitted service; (h) operating procedures; and (i) special conditions or restrictions. (2) A Person or Holder commits an offense if he fails to comply with the conditions or limitations placed on the operating Authority under which he is operating a Bus Service. (3) Each applicant, including any Person with a direct interest in the business, applying for Bus Service Operating Authority shall qualify for a Bus Service Driver's Permit in accordance with this chapter. EC°TION 2-4. AMENDMENTS TO OPERATING AIITHORITY (1) A Holder desiring to amend the terms or conditions of its Operating Authority shall submit a written request to the Administrator. Anon-refundable amendment fee in accordance with the Dallas/Fort Worth. International Airport Board Schedule of Charges, as amended, must accompany a request for any material change to the Operating Authority. The request shall include: (a) the nature of the proposed change; (b) the date the proposed change is to take effect. (2) The Administrator may approve an amendment unless it is in violation of or inconsistent with the provisions of the Rules and Regulations. (4) If a Bus Service experiences vehicular problems which require additional vehicles to either maintain their service er nrevic7~ aaaizivnat service ror a period not to exceed 10 days, the Service may request a temporary amendment for supplemental vehicles by submitting a ritten application form to the Admiflistratoz. The application must 7 (31 Amendments to a Bus Service O~eratinc Authority to increase state the reason supplemental vehicles are needed and identify all vehicles to be used. Supplemental vehicles authorized must comply with insurance requirements, vehicle requirements, all permit fees, and any other requirements of this section and are subject to inspection by the Administrator, who may at anytime order unsafe vehicles to be removed from service. SECTION 2-5. RENEWAL OF OPERATING AIITHORITY (1) A Holder shall apply for renewal of Bus Service Operating Authority permit at least 30 days before the expiration of the Operating Authority. (2) Within a reasonable time after the date of application, the Administrator shall approve or deny the application for renewal. (3) The Administrator shall renew the Operating Authority if the Administrator determines that: (a) the_~ermit Holder has performed satisfactorily in compliance with all terms and conditions of the Operating Authority; (b) the Bus Service is in compliance with all Lawful Orders, requirements, Rules and Regulations and Procedures; (c) the service provided continues to be necessary for or t~o otherwise serves the public convenience and necessity. BECTION 2-6. DENIAL OF APPLICATION FOR ISBIIANCE OR RENEWAL The Administrator shall deny issuance or renewal of Bus Service Operating Authority if he finds that: 111 the public convenience and necessity do not require or are not otherwise served by the proposed service; (~.} the applicant or any Person holding an ownership interest in the application has been either convicted twice, suspended twice, or convicted once and suspended once, for a violation of the Rules and Regulations or procedures within the preceding two years; (3) the applicant failed to comply with the requirements of the Rules and Regulations, procedures or Lawful Orders established under the: Rules and Regulations within the preceding two years; (4) the. applicant failed to comply with the terms and conditions of the Operating Authority for which application for renewal is made -t~:~i~ the preceding 2 years; (5) the applicant made a false statement as to a material matter in the application for issuance or renewal of Operating Authority; 0 8 (6) the applicant or any Person holding and ownership interest in application has been finally convicted.fvr ~ a violation of another city, state, or federal law or regulation which wou18 reasonably tend to indicate that the holder is not fit to perform a Bus a~~€: (~) SECTION 2-7. BDSPENSION AND REVOCATION OF OPERATING AIITHORITY (1) The Administrator may suspend or revoke Bus Service. Operating Authority o~ se an administrative ~ine.(exc€pt as to (ill- hereofl within the limits provided by law if he determines that the Holder has: (a) made a false statement as to a material matter in an application for issuance. or renewal of Operating Authority; (b) failed to comply with the provisions of the Rules and Regulations and/or Lawful Orders procedures etc. established by the Administrator pursuant to Section 1-2. of these Rules and Regulations; (c) failed to comply with the. terms and. conditions of the Operating Authority, including, but not limited to, operating a type of ervice not authorized by the Operating Authority or operating,a ervice in a manner not authorized by the Operating Authority; (d) been finally convicted Sor o~ a violation of another city, state, or federal law or regulation which would reasonably tend to indicate that la~_k - ~' r- - - ~f the Holder is not fit to perform a Bus service; (e) failed to pay all required fees; or (f) failed to surrender scrip tickets for the payment of fees prescribed in Section 2-9 in the manner approved by the Administrator. (2) The Administrator may suspend a Holder's Operating Authority for a period not to exceed 60 days o~ sg~. a~ administrative fine ~, accordance w't Section 8-7. At the end of the suspension period, the Holder may resume operating at the Airport, providing the deficiency causing the suspension has been corrected by the holder. (3) A Holder whose Operating Authority has been revoked shall not reapply for Operating Authority before the expiration of 24 months from the date of revocation or, in the case of an appeal, the date the appeal hearing officer affirms the revocation. ~:~ 9 SECTION 2-8. APPEAL OF DENIAL, BU8PEN8ION, OA REVOCATION The denial of an application for issuance or renewal of Bus Service Operating Authority or suspension or revocation of Bus Service Operating Authority may be appealed by the applicant or Holder in accordance with Section 8-5 of the Rules and Regulations. SECTION 2-9. FEES; ANNUAL I88IIANCE (1) The annual fee for Bus Service Operating Authority shall be established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges. The annual fee shall be paid to the Administrator before the Operating Authority is issued. (2) Bus Service Operating Authority may be i, to exceed one year and shall expire on October 31 otherwise designated in the Operating Authority. Authority is issued for a period of less than one shall be prorated on the basis of the month. ssued for a period not of each year unless If the Operating year, the annual fee h~e number of days in (3) A permit amended to increase the number of vehicles used shall require the Administrator to compute and collect an adjusted amount for the fee as a result of the increase. 0 (4) In addition to the annual fee required in Subsection (i) Holder of Bus Service Operating Authority shall pay exit fees in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, in a manner prescribed by the Administrator, each time a Bus vehicle exits the Airport while providing prearranged Bus Service. the 17,L If a company is authorized to operate more than one type of transportation service, a separate Hermit fee must be paid for each tytae of permit held. SECTION 2-10. ADVERTISEMENT OF BUS SERVICE (1) A Person commits an offense if h advertised the operation of a Bus Service have valid Operating Authority under this advertisement is reasonably calculated to Bus Service at fire D/FW Airport. e advertises or causes to be at DJFW Airport that does not article when the be seen by Persons seeking 10 (5) No refund of an annual Operating Authority fee shall be made. (2) It is a defense to prosecution under Subsection (1) that the Person was the publisher lbut not the ownerl of the advertising material and had no knowledge that the Bus Service did not have Operating Authority under this article. SECTION 2-11. TEMPORARY OPERATIN3 AUTHORITY (1) The Administrator may issue temporary Operating Authority to a Bus Service for a period. not to exceed 10 days. (2) A Person desiring temporary Operating Authority must submit such information as deemed appropriate by the Administrator to determine that: (a) Drivers are qualified; (b) vehicles are. safe and roadworthy; and (c) liability insurance is possessed that meets or exceeds those limits specified in Section 4-4 of these Rules and Regulations. (3) The fee for temporary Operating Authority shall be established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (4) Vehicles used under temporary Operating Authority are subject o inspection procedures and fees in accordance with Section 7-1 of t2i`ese Rules and Regulations. (5) The Holder of temporary Operating Authority is subject to the fees established in Section 2-9 (3) of these Rules and Regulations. SECTION 2-12. HOLDERS .RECORDS AND REPORTS Administrator may prescribe. (3) A Holder shall maintain a record of the Driver o each Bus. 11 ARTICLE III BUS SERVICE DRIVER'S PERMIT BECTION 3-1. BII8 BERVICE DRIVER'S PERMIT REQIIIRED (1) A Person commits an offense ff he operates a Bus inside the Airport without a valid Bus Service Driver's Permit issued to him under this article. It is a defense to prosecution under this subsection that the Person is terminating a trip that lawfully originated outside the Airport. (2) A Holder may not employ, contract with, or otherwise allow a Person to drive in a Bus Service a Bus owned, controlled, or operated by the Holder unless the Person has a valid Bus Service Driver's Permit issued to him under this article. (3) It is not a defense to prosecution that the Person was operating a vehicle granted a certificate issued by the Texas Railroad Commission, or granted Operating Authority by the Interstate Commerce Commission for an irregularly scheduled route. SECTION 3-2. QIIALIFICATION FOR BIIS SERVICE DRIVER'S PERMIT (1) To qualify for a Bus Service Driver's Permit, an applicant must; (a) be at least 19 years of age; (b) be a currently authorised to work full-time in the United States; (c) hold a valid driver's license issued by the State of Texas; (d) be able to communicate effectively in the English language; (e) not be afflicted with a physical or mental disease or disability that is likely to prevent him from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; (f) not have been convicted of more than four moving traffic violations arising out of separate transactions (within any 12 month period during the preceding 36 months); (g) not have been involved in more than two automobile accidents in which it could be reasonably determined that the applicant was at fault (within any 12 month period during the preceding 36 months); 12 (h) not have been convicted of a crime: (A) involving: (i) criminal homicide as defined in Chapter 19 of the Texas Penal Code; (ii) kidnapping as defined in Chapter 20 of the Texas Penal Code; (iif) asexual offense as defined in Chapter 21 of the Texas Penal Code; (iv) an assaultive offense as defined in Chapter 22 of the Texas Penal Code; (v) robbery as defined in Chapter 29 of the Texas Penal Code; (vi) burglary as defined in Chapter 30 of the Texas Penal Code., but only if the offense was committed against a Person with whom the applicant came in contact aith while engaged in a passenger transportation. service; (vii) theft as defined in Chapter 31 of the Texas Penal ode, but only if the offense was committed against a. Person with whom the applicant came in contact arit~k while engaged in a passenger transportation service; _ (viii) fraud as defined in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a Person with whom the applicant came in contact orith while engaged-in a passenger transportation service; (ix) tampering with governmental records as defined in Chapter 37 of the Texas Penal Code, but only if the offense was committed in connection with a passenger transportation service: (x) public indecency (prostitution or obscenity) as defined in Chapter 43 of the Texas Penal Code; (xf) the transfer, carrying or possession of a weapon in violation of Chapter 46 0~ the Texas Penal Code, but only if the violation is punishable as a felony; (xii) a violation of the Dangerous Drugs Act (Article 44 76-14, Vernon's Texas Civil Statutes); (xiii) a violation of the Controlled Substances Act (Article 4476-15, Vernon's Texas Civil Statutes) that is punishable as a felony; or 13 (xiv) criminal attempt to commit any of the offenses listed in Subdivision (h) (A) (i) - (xiii) of this subsection; (B) ,a,~, for which: (i) less than two years have elapsed since the date of Conviction or the date of release from confinement imposed for the Conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; (ii) less than five years have elapsed since the date of Conviction or the date of release from confinement for the Conviction, whichever is the later date, if the applicant was convicted of a felony offense; or (iii) less than five years have elapsed since the date of the last Conviction or the date of release from confinement for the last Conviction, whichever is the later date, if within any 24 month period, the applicant has two or more Convictions of any misdemeanor offense or combination of misdemeanor offenses; (i) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: (A) within the preceding 12 months; or (B) more than one time within the preceding five years; (j) not be addicted to the use of alcohol or narcotics; (k) be subject to no outstanding warrants of arrest; (1) be sanitary and well-groomed in dress and Person; (m) be employed by a Holder; and (n) have successfully completed within the preceding 12 months a defensive driving course approved by the Texas Education Aqencv and be able to present proof of completion. (2) An applicant who has been convicted of an offense listed in Subsection (1) (h) or (i), for which the required time period has elapsed since the date of Conviction or the date of release from confinement imposed for the Conviction, may qualify for a Bus Service Driver's Permit only if the Administrator determines that the applicant is presently fit to engage in the occupation of a Bus Driver. In determining present fitness under this section, the Administrator shall consider the following: activity; (a) the extent and nature of the applicant's past criminal 14 (b) the age of the applicant at the time of the commission of he crime; (c) the amount of time that has elapsed since the applicant's last criminal activity; (d) the conduct and. work activity of the applicant prior to and following the criminal activity; (e) evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated, following release ~ Qtherwise following conviction; and (f) other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial or rehabilitative responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other Persons in contact with the applicant. (3) It is the responsibility of the. applicant to the extent possible, to secure and provide to the Administrator the evidence required to determine present fitness under Subsection (2) of this section and under Section 3.8(1) of this article. (4) As an additional qualification for a. Bus Service Driver's ermit, the Administrator may uniformly require applicants to pass an examination given by the Administrator that. tests an applicant's knowledge of traffic laws, a Driver's duties under the Rules and Regulations, and the geography and road networks of the cities or counties surrounding the Airport. SECTION 3-3. APPLICATION FOR BIIB SERVICE DRIVER'S PERMIT To obtain a Bus service Driver's Permit or renewal of a Bus Service Driver's Perinit, a Person must file a completed written application with the Administrator on a form provided for that purpose. The Administrator shall require each application to state any information he considers necessary to determine whether an applicant is qualified. SECTION 3-4. INVESTIGATION OF APPLICATION (1) For the purpose of determining qualification under Section 3-2 (1)(e), the Administrator may require an applicant to submit to a physical examination at the applicant's expense conducted by a licensed physician acceptable to the Administrator and to furnish the Administrator a statement signed by the physician, certifying that the physician has examined the applicant and that in the physician's professional opinion the applicant fs qualified under Section 3-2 (1) (e) and able to operate a Hus at the Airport. a 15 (2) The Administrator may conduct any other investigation he considers necessary to determine whether an applicant for a Bus Service Driver's Permit is qualified. SECTION 3-5. I88IIANC8 AND DENIAL OF HII8 SERVICE DRIVER'S PERMIT (1) If the Administrator determines that an applicant is qualified, he shall issue a Bus Service Driver's Permit to the applicant. (2) The Administrator shall delay until final adjudication ~ other disposition the apprgval of the application of any applicant who is under indictment for or has charges pending for: (a) a felony offense involving a crime described in Section 3- 2 (h) (A) (i) , (ii) , (iii) , (iv) , (v) or criminal attempt to commit any of those offense; or (b) any offense involving driving while intoxicated. (3) The Administrator may deny the application for a Bus Service Driver's Permit if the applicant: (a) is not qualified under Section 3-2; (b) refuses to submit to or does not pass a medical or written examination authorized under Section 3-2 or Section 3-4; or (c) makes a false statement of a material fact in his application for a Bus Service Driver's Permit. (4) If the Administrator determines that a Bus Service Driver's Permit should be denied the applicant, the Administrator shall notify the applicant in writing that his application is denied and include in the notice the reason for denial and a statement informing the applicant of his right of appeal. SECTION 3-6. EXPIRATION; VOIDANCE IIPON SIISPENSION OR REVOCATION OF BTATE DRIVER'S LICENSE Except in the case of a probationary or provisional permit, a Bus Service Driver's Permit expires twq years from the date of issuance. If a permittee's state driver's license is suspended or revoked by the state, his Bus Service Driver's Permit automatically becomes void. A permittee shall notify the Administrator within three days of a suspension or revocation of his driver's license by the state and shall immediately surrender his Bus Service Driver's Permit to the Administrator. 16 ECTION 3-7. PROVISIONAL PERMIT (1) The Administrator may issue a provisional Bus Service Driver's Permit if he determines that: (a) the number of Bus Drivers is inadequate to meet the Airport's need for Bus Service, in which case he may issue the number necessary to meet the need; or, (b) it is necessary to allow the Administrator to complete investigation of an applicant for a Bus Service Driver's Permit. (2) A provisional Bus Service Driver's Permit expires 45 days from the date of issuance, or upon the applicant's being denied a Bus Service Driver's Permit, whichever occurs first. (3) The Administrator may issue a provisional permit to a Person holding a state driver's license, in accordance with Article 6687 b, Section 5 (b), Vernon's Texas Statutes. SECTION 3-8. PROBATIONARY PERMIT (1) The Administrator may issue a probationary Bus Service Driver's Permit to an applicant who is not qualified for a Bus Service river's Permit under Section 3-2 if the applicant: ;~ (a) could qualify under Section 3-Z for a Bus Service Driver's-Permit within one year from the date of application; (b) holds a valid state driver's license arrrd (c) is determined by the Administrator, using the criteria listed in Section 3-2 (2) of this article, to be presently fit to engage in the occupation of a Bus Driver. (2) A probationary driver's permit may be issued for a period not to exceed one year. (3) The Administrator may prescribe appropriate terms and conditions for a probationary Bus .service Driver's Permit as he determines.are necessary. SECTION 3-9. DIIPLICATE PERMIT If a Bus Service Driver's Permit is lost or destroyed, the Administrator may issue the permittee a duplicate permit upon receiving payment of a duplicate permit fee in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. ;~ 17 request. SECTION 3-11. SUSPENSION BY A DEBIaNATED REPRESENTATIVE (1) If a representative designated by the Administrator to enforce ~g Rules and Regulations detenaines that a permittee has failed to comply with the Rules and Regulations (except Section 3-2), the representative may suspend the Bus Service Driver's Permit for a period of time not to exceed 30 days by serving the permittee with a written notice of the suspension. The notice must include: (a) the reason for suspension; (b) the date the suspension begins; (c) the duration of the suspension; and (d) a statement informing the permittee of his right of appeal. (2) A suspension under Administrator if the permit appeal to the Administrator of the suspension. When an take effect until a decision Administrator. this section may be appealed to the tee submits a written request to .within ten days of receiving written notice appeal is requested, the suspension may not 1 on the appeal is issued by the (3) The Administrator may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal. The Administrator may affirm, reverse, or modify the order of the representative. 18 ~~~' t^ C SECTION 3-10. DISPLAY/BIIRRENDER OF PERMIT C`TION 3-12. BIISPENBION OS BIIB SERVICE DRIVER'S PERMIT (1) If the Administrator determines that a permittee has failed to comply with any provision of the Rules and Regulations (except Section 3-2), the Administrator may suspend the Bus Service Driver's Permit for a definite period of time not to exceed six months ~ Rg~,~ administrative ~~ ~ accordance with Section ~-~. (2) If at any time the Administrator determines that a permittee is not qualified under Section 3-2, the Administrator shall suspend the Bus Service Driver's Permit until the Administrator determines that. the permittee is qualified. A Driver shall provide the Administrator with necessary information or proof of his qualifications upon request. (3) A permittee whose Bus Service Driver's Permit is suspended shall not originate a Bus trip at the Airport during the period of suspension. The Administrator may also order that the permittee not terminate trips at the Airport during the period of suspension. (4) The Administrator shall notify the permittee and the Holder employing the penaittee, in writing, of a suspension under this sect ion. The notice must include: (a) the reason for the suspension; (b) the date the Administrator orders the suspension. to begin; (c) the duration of suspension or if it is under Subsection (2); and (d) a statement informing the permittee of his right of appeal. (5) The period of suspension begins on the date specified by the Administrator, or in the case of an appeal, on the date ordered by the appeal hearing officer. SECTION 3-13. REVOCATION OF BII8 SERVICE DRIVER'B PERMIT (1) The Administrator may revoke a Bus Service Driver's Permit if the Administrator determines that. the permittee: (a) operated a Bus inside the Airport during a period in which the driver's Bus Service Driver's Permit was suspended; (b) made a false statement of a material fact in his application for a Bus Service Driver's Permit; (c) engaged in conduct that constitutes a ground for suspension under Section 3-12 (1) and received either a suspension in excess of 10 days or a Conviction for violation of the Rules and Regulations, two times within the 12-month period preceding the conduct three times within the 24-month period preceding the conduct; 19 (d) engaged in conduct that could reasonably be determined to be detrimental to the public safety; (e) failed to comply with a condition of a probationary permit; (f) was convicted of any felony offense listed in Section 3-2 while holding a Bus Service Driver's permit; (g) failed to surrender the appropriate scrip tickets for the payment of fees prescribed in Section 2-9 in the manner approved by the Administrator; or Ih) operated a vehicle for a Person not holding a valid Bus Service O~eratinq Authoritv. (2) A Person whose Bus Service Driver's Permit is revoked shall not,: (a) apply for another Bus Service Driver's Permit before the expiration of 24 months from the date the Administrator revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or (b) operate a Bus at the Airport. (3) The Administrator shall notify the permittee in writing of a revocation. The notice shall include: (a) the reason for the revocation; (b) the date the Administrator orders the revocation; and (c) a statement informing the permittee of his right of appeal. SECTION 3-14. BII8 OPERATION AFTER BUSPENBION OR REVOCATION (1) After receiving notice of suspension or revocation of a permit or denial of a permit renewal, the permittee shall, on the date specified in the notice, surrender his Bus Servfce Driver's Permit to the Administrator and discontinue operating a Bus at the Airport. (2) Notwithstanding Section 3-12 (3) and Subsection (1) of this section, if the permittee appeals the suspension or revocation of a Bus Service Driver's Permit, he may continue to drive a Bus at the Airport pending the appeal unless: (a) the permittee is not qualified under Section 3-2; or (b) the Administrator determines that continued operation by the permittee would impose an immediate threat to the public safety. 20 (3) A Driver shall comply with the decision of the appeal hearing officer. SECTION 3-15. APPEAL OF DENIALS BII8PEN8ION~ OR REQOCATIO~T The denial of an application for issuance or renewal of a Bus Service Driver's. Permit, a suspension of a Bus Service Driver's Permit under Section 3-12, or a revocation of a Bus Service Driver's Permit may be appealed in accordance. with Section 8-5 of the Rules and Regulations. SECTION 3-16. NONTRANBFERABILITY (1) A Bus Service Driver's Permit, badge, decal, ticket,, or emblem assigned to one Person is not transferable to another. (a) forges, alters, or counterfeits a Bus Service Driver's Permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable law; or (b) possesses a forged, altered, or counterfeited Bus Service Driver's Permit, badge, decal, ticket, or emblem; required by the Rules and Regulations or other applicable law; or (c) possesses more than one Bus Service Driver's Permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable law. SECTION 3-17. CIIRRENT MAILING ADDRESS OF PERMITTEE (1) A Person issued a Bus. Service Driver's Permit shall maintain a current mailing address on file with the Administrator. (2) The permittee shall notify the Administrator of any change in this mailing address within five business days of the change. 21 (3) A person commits an offense if he: ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-1. HOLDER'S AND DRIVER'S DDTY TO COMPLY (1) Holder. In the operation of a Bus Service, a Holder shall comply with the terms and conditions of the Holder's Operating Authority, Lawful Orders of the Administrator, the Rules and Regulations, and other laws applicable to the operation of a Bus Service. (2) Driver. While operating a Bus at the Airport, a Driver shall comply with the Rules and Regulations, other laws applicable to the operation of a motor vehicle in this state, Lawful Orders of the Administrator, and orders issued by the Holder employing or contracting with the Driver in connection with the Holder's discharge of its duty under its Operating Authority and the Rules and Regulations. SECTION 4-2. HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS (1) A Holder shall establish policy and take action to discourage, prevent, or correct violations of the Rules and Regulations, procedures a~c~,Lawful orders by Drivers who are employed by or contracting with the Holder. (2) A Holder shall not permit a Driver who is employed by or contracting with the Holder to operate a Bus in a Bus service if the Holder knows or has reasonable cause to suspect that the Driver sin fire tyre 22 ~:~TM, ~,; _ i • i x,41 Insurance required under this section must: ~~ ~$GTTON 4-3 DRI`TER AS EMPLOYEE BECTION~ 4-~ . INSIIRANCE #~,an 30 days before cancellinc. failing to renew, or making a material charge to the insurance policy: and _ ,L~) Include a provision to cover all vehicles. whether owned wr w~~ .~cnanA }gas ~}an LTnI Aer ~r~er~~sA aaradar 4~1~n T7n7 Aer 1 Q Araern* ~ nrr (a) A.. Person commits an offense if he operates:..a oassenaer ~ansportation service while his Operating Authority is susbended under t~ii'~s Subsection, whether or not the action is appealed°. SECTION 4-5. 80LDER18 BERVICE RESPONSIBILITIEB (1) A Holder shall provide Bus Service for passengers at the Airport in accordance with service levels and standards approved by the Administrator, the Airport Board, and the Cities of Dallas and Fort worth. (2) A Holder shall cooperate with the Administrator in all phases of Bus operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the Administrator for Bus Service during periods of shortage. C 24 ~t.~nay not be reinstated until satisfactory proof of insurance meeting ,+-;n;mum requirements is submitted and confirmed by the Administrator. (9) If new insurance is not obtained within 45 days of_beinq ~ipsed or canceled., the holder must submit a new application for ~~atina authority as listed in Section 2-2. and oay all fees_as ~g~uired by Section 2-9 of these Rules and Regulations... ~ti ECTZON 4-6. INFORMATION TO B8 BDPPLIED ON REQIIEBT OF ADMINISTRATOR In addition to anv othe information or upon request of the Administrator, a Holder shall submit to the Administrator the following information: (i) a current list of vehicles; (2) a current financial statement which includes a balance sheet/income statement: (3) names of current officers, Owners, and managers of the Bus Service; and (4) a list of the names and Bus Service Driver's Permit numbers of current Drivers employed by the Holder. ARTICLE Q SERVICE RULES AND REGULATIONS SECTION 5-1. PARKING (1) A Driver shall park only on designated Bus Holding Stands while serving the Airport. -- (2) A Person commits an offense if he: (a) parks a vehicle on a Bus Holding Stand without authorization from the Administrator; or (b) leaves a vehicle unattended on a Bus Holding Stand; except, that a Driver may leave his Bus to provide such assistance to a passenger as is reasonably necessary after being engaged. (3) In proving an offense under Subsection (2) (a), it is prima facie evidence that a vehicle is unauthorized if the vehicle is not equipped with a decal in accordance with Section 7-3 of these Rules and Regulations. (4) A vehicle left unattended on a Bus Holding Stand in violation of Subsection (2)(b) is illegally parked and may be removed from the Holding Stand and impounded with all towing and storage fees to be paid by the vehicle owner. SECTION 5-2. REGIILATIONB FOR II8E OF HOLDING BTANDB- (1) While using a Bus Holding Stand, a Bus Driver shall not: (a) leave his Bus except to assist a passenger as is reasonably necessary after being engaged; 25 (b) perform or allow to be performed repairs- or maintenance on a Bus; or (c) utilize the Holding Stand while off duty. SECTION 5-3. LOADING AND DISCHARGE OF PASSENGERS (1) A Driver shall load passengers and baggage into a Bus only at designated Holding Stands. (2) Unless otherwise authorized by the Administrator, a Driver shall use the lower level at terminals to discharge passengers, except when increased hardship would result to a passenger afflicted with a se~rere physical or mental disability. SECTION 5-4. CRUISING THE AIRPORT (1) A Driver shall not cruise the Airport. A Driver is "cruising" anytime he drives a Bus within 1,000 feet of a terminal or a hotel on the Airport with out: (a) a passenger to be discharged at the terminal or hotel; (b) following the approved schedule and route contained in the Holder's Operating Authority, if applicable; (c) trip authorization by the Administrator; (d) assignment for a prearranged trip; or (e) taking a direct route to leave the Airport. SECTION 5-5. SOLICITATION AND ACCEPTANCE OF PASSENGERS (1) A Person commits an offense if he: (a) by word or gesture solicits or accepts a passenger for a Bus at the Airport in a location other than an area specifically authorized by the Administrator for the solicitation or acceptance of Bus passengers; (b) solicits a passenger by means of an electronic device designed to amplify sound or in a manner that unreasonably annoys or obstructs the movement of a Person; or (c) pays an employee of another business to solicit pa~~sengers for or give preferential treatment in directing passengers to a Bus, unless the Person has written permission from the Administrator and the executive director of the Airport, or his designated representative. 26 2 A Person who acts as an a ent in obtainin Bus Service for ( ) g g prospective passengers shall not: (a) solicit passengers for the service; or (bj accept payment from a Driver or Holder in return for giving preferential treatment in directing passengers to the Driver's or Holder's Bus Service. (3) It is a defense to the prosecution for a violation of this Szesection, if the Owner of the transportation service, has made a contractual agreement or other prior arrangement with the management of the other business, and has been approved by the Administrator. ECTION 5-6. CONDUCT OF DAIPER (1) A Driver shall: manner; (a) conduct himself in a reasonable, prudent, and courteous (b) maintain a sanitary and well-groomed appearance; (c) not respond to a dispatched call assigned to another Driver; (d) not ._ while operating a Bus vehicle.. consume. possess or maunder the influence of: (i) any alcoholic beverage; (ii) any drug; or (iii) any other substance which could adversely affect his ability to drive a motor vehicle; (e) not interfere with the.Adminfstrator in the performance of his duties; (f) not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, A~ort_buildinc or roadway in a annex that unreasonably annoys or impedes the movement of a Person pZ ehicle: 27 (41~Person commits an offense if he: (g) comply with Lawful Orders of the Administrator issued in the performance of his duties; (h) not deposit any bottle, can, trash, debris, junk, food, or other object on or around ~y Holding Stand, bufldina or Airport ro,d~ wav except in an authorized trash receptacle; and (i) p~ file ~ false report ~ make A false statement ~g ~}g Administrator. SECTION 5-7. RETIIRN OF PA88ENGER~B PROPERTY (1) Upon finding property left by a passenger in a Bus, the driver shall immediately return the property to the owner of that ~ro~erty. (2) If the Driver is unable to locate the owner or if the Driver does not know the identity of the Owner, the Driver shall immediately notify by radio or telephone, the Holder of any property left by a passenger in a vehicle, deliver the property to the Holder, and notify the Administrator of the location and description of the property. BECTION 5-8. PREARRANGED BU8 BERVICE (1) Bus Service shall be operated on a Prearranged basis. All arrangements for Bus Service must be made prior to the Bus entering into the Terminal Areas of the Airport. (2) When entering the Terminal Areas of the Airport, a Driver who furnishes prearranged Bus Service shall have in his possession, and present to the Administrator upon request, written documentation indicating the following information: (a) the name of the customer or customers; (b) the number of individuals in the party; (c) the airline carrying the customer or customers; (d) the flight number; (e) the flight arrival time; and (f) the destination of the Sus trip. (3) A Driver furnishing prearranged Bus Service shall not accept any passengers at the Airport except those for whom service has been prearranged and documented in accordance with Subsection (2) of this section. 28 (4) A Driver furnishing prearranged Bus Service shall not drive into the Terminal Areas of the Airport more than five minutes prior to th,e scheduled arrival of the flight carrying the customer for whom Bus Service is to be provided. ~f a flight is delayed. the Driver shall o• la) condition of Bus vehicles: 1b) constancy of service at the Airport: 1c) adherence to all Rules and Regulations.: 1d)..Driver.conduct.: and 1e) passenger complaints. - SECTION 5-9. 8C8EDULED BIIB BEIiVICE SECTION 5-10. NOT FOR HIRE STATIIB OF,BIISEB (1) Each Bus operating at the aircort is presumed to be on duty and .ready to serve the general public for dire. If a Driver is off-duty and does not intend to provide Bus Service at the Airport, he shall comply with the following requirements: (a) The Driver shall place a sign,, to be provided by the Holder, in the Hus indicating the words "NOT FOR HIRE" printed in letters not less than three inches in height with a stroke of not less than 3/8 inch. The letters shall be on a backing of sufficient thi<:kness to not easily bend. f~ 29 (5) A Bus Driver shall load customers and baggage into the Bus and immediately leave the Terminal Area. in an up: so as to (2) on a Bus along or ~t for hire, he shall display the sign ant window on the right side of the Bus from outside of the Bus. ire shall not park or stand his Bus 500 feet of a Bus Holding Stand or zones of the Airport roadways. ARTICLE VI FARES SECTION 6-1. RATES OF FARE (1) A Driver or Holder shall not charge a fare for operating a Bus at the Airport that is inconsistent with the rates authorized in the Holder's Operating Authority. (2) A Holder desiring to effect a change in the approved rates of fare shall submit a written request in accordance with Section 2-4 of the Rules and Regulations. (3) The rates listed in the Holder's Operating Authority shall be strictly adhered to, and no change in rates may be implemented without written approval of the Administrator. (4) The Administrator may require a Holder to display rates on or within a Bus in a manner prescribed by the Administrator. (5) The Driver or Holder shall give the Person paying a fare a ticket or receipt that indicates the name, address, and phone number of the: Bus company and the amount of the fare. ARTICLE VII VEHICLES AND EQUIPMENT SECTION 7-1. VEHICLE INSPECTION (1) ~e Holder of a Bus Service rermit shall maintain a u~gd in the service in a safe mechanical condition and shall the interior and exterior of the vehicles in good repair. (2) A Holder shall have each vehicle to be used in Bus Service inspected in a manner approved by the Administrator before Operating Authority is issued and at such other times as may be ordered by the Administrator. Inspection shall determine safety of the vehicle, condition of maintenance, and' compliance with all state and federal laws including those regulating emission of air contaminants. (a) A Holder Owner, or Driver shall make a Bus available for inspection when ordered by the Administrator. {b) When a Driver is right position in the fry be easily seen and read A Driver who is not for Holding Stand or within in the one hour parking 30 (3) A Holder may have a reasonable number of reserve vehicles inspected for use when a vehicle designated by Operating Authority is out-of-service. The Administrator shall determine the number of reserve vehicles that a Holder may have inspected when reserve vehicle inspection is requested. (4) The fee for each inspection of each vehicle of a Holder will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (5) The Administrator shall designate the time and place for annual inspection of vehicles operated under Operating Authority. If the Administrator designates someone other than a city employee to perform the inspection, the applicant or Holder shall bear the easonable cost of~inspection. ='(6) A Holder may contract for for maintaining or seeing that all Operating Authority are mainta~}ed maintenance but shall be responsible vehicles operated under his in safe operating condition. 6ECT'ION 7-2. VEHICLE EQOIPMENT (1) A Holder, Owner, or Driver of a eus shall provide and maintain in good operating condition the following equipment for each Bus: (a) an air conditioner system capable of cooling the passenger compartment to 20 degrees below the outside temperature and a heater; 31 jc) If the_Adminfstrator determines that inspection of the (b) a fire extinguisher of at least one quart capacity ~cated within Driver's reach; (c) a decal complying with Section 7-3 of the Rules and Regulations; ld) evidence of insurance: If) any other special equipment that the Administrator determines to be necessary. (2) All Buses and all Bus equipment must comply with all applicable federal and state motor vehicle safety standards. (3) This section does not apply to a Bus Service with all points of destination outside Dallas and Tarrant counties. (5) All temporary vehicles must have a fire extinguisher of at mast one wart capacity located within the Driver's reach a decal in accordance with Section 7-3 of the Rules and Regulations and any other standards as determined by the Administrator. SECTION 7-3. DECALS (1) A Holder shall obtain from the Administrator a decal indicating the Bus's authority to operate at the Airport. The decal must be attached to each Bus in a manner and location approved by the Administrator. The decal is the property of the Da11as1Fort Worth Ir~ternational Airport Boar (2) The Administrator may cause a decal to be removed from a Bus which at any time fails to meet the minimum standards for appearance, condition, age, or equipment. The fee for reissuance of a decal to a Bus. from which a decal has been removed by the Administrator will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (3) A Person commits an offense if he: (a) operates a Bus at the Airport with an expired decal or with no decal affixed to it, except for the sole purpose of terminating a trip that lawfully originated outside the Airport; (b) attaches a decal to a vehicle not authorized to operate as a Bus at the Airport; 0 32 c arks a ( ) p vehicle on a Bus Holding Stand with an expired decal or with no decal affixed to itj or 1e) covers. conceals or atte~,}~ts to cover or conceal the decal. SECTION 7-4 FALSE REPRESENTATION A8 A BCE BERVICB A Person commits an offense if hej SECTION 8-1. AIITHORITY TO INSPECT The Administrator may inspect a Bus Service operating at the Airport to determine whether the vehicle/service complies with the Rules and Regulations established for Bus operation or other applicable law. SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PCBLZC SAFETY (1) Upon specific request of the Administrator, officers of the Airport's Department of Public Safety (DPS} may assist the Administrator in the enforcement of the Rules and Regulations. necessary enforcement action to insure effective regulations of Bus S~g~vices • SECTION 8-3. CORRECTION ORDER (1) If the Administrator determines that a Holder is in violation of the terms of its Operating Authority, the Rulea and Regulations, a wful Order of the Administrator, or other law, the Administrator ;F: notify the Holder in writing of the violation and by written 33 fi) represents that a vehicle is a Bus in a Bus Service if ft is in art NOT a Bus authorized to ogerate at the Airpo~ -~~ ENFORCEMENT order direct the Holder to correct the violation within a reasonable period of time. In setting the time for correction, the Administrator shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the Administrator may order the Holder to immediately cease use of the equipment. (2) If the Administrator determines that a violation is an imminent and serious threat to the public health or safety, the Administrator may order the Holder to correct the violation immediately. If the Holder fails to comply, the Administrator shall promptly take or cause to be taken any action he considers necessary to the immediate enforcement of the order. (3) The Administrator shall include in a notice issued under this section: (a) an identification of the violation; (b) the date of issuance of the notice; (c) the time period within which the violation must be cor. rected ; (d) a warning that failure to comply with the order may result in suspension or revocation of operating Authority, imposition of a fine, or both; and (e) a statement indicating that the order may be appealed to the Executive Director of the Airport, 9r his designated ret~resentative . SECTION 8-4. SERVICE OF NOTICE (1) A Holder shall designate and maintain a representative to: (a) receive service of notice required under the Rules and Regulations to be given a Holder; and (b) serve notice required under the Rules and Regulations to be given a Driver employed by a Holder. (2) Notice required under the Rules and Regulations shall be given in the followincr manner: (a) A Holder must be Personall Administrator, or service may be accom~l served with the notice by the United States mail, five-day return receipt requested, to the address last known to the Administrator of the Person to be notified, or to the designated representative o! the Holder; ~., t~ t 0 34 (b) a Driver permitted under Article III must be personally served by the Administrator or served by certified United States mail, five-day return receipt requested, to the address, last known to the Administrator, of the Person to be notified, or to the designated representative for the Driver; or (c) a Person other than a Driver licensed under Article III or a Holder may be served in the manner prescribed by Subsection (2) (b) of this section. (3) Service executed in accordance with this section constitutes notice to the Person to whom the notice is addressed. The date of service for a notice that is mailed is the date of receipt. SECTION 8-5. APPEALS (1) If the Administrator denies issuance or renewal of Bus Service Operating Authority, suspends or revokes Bus Service Operating Authority, denies issuance or renewal of a Bus Service Driver's Permit, suspends a Bus Service Driver's Permit under Section 3-12, revokes a Bus Service Driver's Permit, or issues a correction order under Section 8-3, the action is final unless, within 10 days from the date of receiving the written notice of the action, the affected applicant, Holder, or Driver files an appeal, in writing, with the Executive irector of the Airport specifying the reasons for the appeal. (2) The Executive Director of the Airport or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of evidence presented at the hearing. (3) The hearing officer may affirm, modify, or reverse all or part of the action or order of the Administrator being appealed. The decision of the hearing officer is final unless the action appealed from is a sustiensien_ rpv~~at{gin nr Aph~A~ of a Dorcnnte 7~ne~~e Article 6252-13d. BECTSON 8-6. CRIMINAL OFFEN8E8 (1) A Person commits an offense ff he violates or attempts to violate a provision of the Rules and Regulations applicable to him. A lpable mental state fs not required for the commission of an offense nder the Rules and Regulations unless the provision defining the 35 :~ conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under the Rules and Regulations is punishable by a fine not to exceed $500. (2) Prosecution of an offense under Subsection (1) does not prevent the use of other enforcement remedies or procedures applicable to the Person charged with or the conduct involved in the offense. SECTION 8-7. ADMINISTRATIVE FINER emended. due fines. 36 .~ .' CHAPTER 5D LIMOUSINE RULES AND REGULATIONS ,: Revised 09-13-90 fix` ~~: „F SECTION 1-1. SECTION 1-2. SECTION 1-3. SECTION 1-4. SECTION 1-5. SECTION 1-6. ARTICLE I GENERAL PROVISIONS STATEMENT OF POLICY AUTHORITY FOR ENFORCEMENT EXEMPTIONS DEFINITIONS ESTABLISHMENT OF RULES AND REGULATIONS ESTABLISHMENT OF PROCEDURES ARTICL$ II OPERATING AUTHORITY "~~.; SECTION 2-1. SECTION 2-2. SECTION 2-3. SECTION 2-4. SECTION 2-5. SECTION 2-6. SECTION 2-7. SECTION 2-8. SECTION 2-9. SECTION 2-10. SECTION 2-11. SECTION 2-12. OPERATING AUTHORITY REQUIRED; NONTRANSFERABILITY APPLICATION FOR OPERATING AUTHORITY LIMITATIONS OF OPERATING AUTHORITY AMENDMENTS TO OPERATING AUTHORITY RENEWAL OF OPERATING AUTHORITY DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL SUSPENSION AND REVOCATION OF OPERATING AUTHORITY APPEAL OF DENIAL, SUSPENSION, OR REVOCATION FEES; ANNUAL ISSUANCE ADVERTISEMENT OF LIMOUSINE SERVICE TEMPORARY OPERATING AUTHORITY HOLDERS RECORDS AND REPORTS ARTICLE III LIMOUSINE SERVICE DRIVER'S PERMIT ~: , ~; SECTION 3-1. SECTION 3-2. SECTION 3-3. SECTION 3-4. SECTION 3-5.. SECTION 3-6. SECTION SECTION SECTION SECTION SECTION. SECTION SECTION SECTION SECTION SECTION SECTION 3-7. 3-8. 3-9. 3-10. 3.-11. 3-12. 3-13. 3-14. 3-15. 3-16. 3-17. LIMOUSINE SERVICE DRIVER'S PERMIT REQUIRED QUALIFICATION FOR LIMOUSINE SERVICE DRIVER'S PERMIT APPLICATION FOR LIMOUSINE SERVICE DRIVER'S PERMIT INVESTIGATION OF APPLICATION ISSUANCE AND DENIAL OF LIMOUSINE SERVICE DRIVER'S PERMIT EXPIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE PROVISIONAL PERMIT PROBATIONARY PERMIT DUPLICATE PERMIT DISPLAY/SURRENDER OF PERMIT SUSPENSION BY A DESIGNATED REPRESENTATIVE SUSPENSION OF LIMOUSINE SERVICE DRIVER'S PERMIT REVOCATION OF LIMOUSINE SERVICE DRIVER'S PERMIT LIMOUSINE OPERATION AFTER SUSPENSION OR REVOCATION APPEAL OF DENIAL, SUSPENSION,, OR REVOCATION NONTRANSFERABILITY CURRENT MAILING ADDRESS OF PERMITTEE ,.. ~, ARTICLE Iv MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-1. SECTION 4-2. SECTION 4-3. SECTION 4-4. SECTION 4-5. SECTION 4-6. HOLDER'S AND DRIVER'S DUTY TO COMPLY HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS DRIVER AS EMPLOYEE INSURANCE HOLDER'S SERVICE RESPONSIBILITIES INFORMATION TO BE SUPPLIED ON REQUEST OF ADMINISTRATOR ARTICLE V SERVICE RULES AND REGULATIONS SECTION 5-1. SECTION 5-2. SECTION 5-3. SECTION 5-4. SECTION 5-5. SECTION 5-6. SECTION 5-7. SECTION 5-8. SECTION 5-9. SECTION 5-10. PARKING REGULATIONS FOR USE OF HOLDING STANDS LOADING AND DISCHARGE OF PASSENGERS CRUISING THE AIRPORT SOLICITATION AND ACCEPTANCE OF PASSENGERS CONDUCT OF DRIVER RETURN OF PASSENGER'S PROPERTY PREARRANGED LIMOUSINE SERVICE SCHEDULED LIMOUSINE SERVICE NOT FOR HIRE STATUS OF LIMOUSINES ARTICLE VI FARES SECTION 6-1. RATES OF FARE ARTICLE VII VEHICLES AND EQUIPMENT SECTION 7-1. VEHICLE INSPECTION SECTION 7-2. VEHICLE EQUIPMENT SECTION 7-3. DECALS SECTION 7-4 FALSE REPRESENTATION AS A LIMOUSINE SERVICE ARTICLE VIII ENFORCEMENT SECTION 8-l. AUTHORITY TO INSPECT SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY SECTION 8-3. CORRECTION ORDER SECTION 8-4. SERVICE OF NOTICE SECTION 8-5. APPEALS SECTION 8-6. CRIMINAL OFFENSES SECTION 8-7. ADMINISTRATIVE ~[NES_ ~~,.,,, 0 ~fi LIMOUSINE SERVICE Draft Revision 09-13-90 ARTICLE I GENERAL PROVISIONS SECTION 1-1. 8TATEMENT OF POLICY It is the policy of the Dallas/Fort Worth International Airport Board and the cities of Dallas and Fort Worth to promote adequate and efficient Limousine Service at the Dallas/Fort Worth International Airport. To this end, Rules and Regulations for Limousine operations at the Airport are developed to protect the public health and safety and to promotes the public convenience and necessity, and respects the concept of free enterprise. SECTION 1-2. AIITHORITY FOR ENFORCEMENT The Director of Transportation for the City of Dallas is designated as the Administrator of the Dallas/Fort Worth International Airport Limousine Rules and Regulations. The Administrator shall SECTION 1-3. EXEMPTIONS (1) These Rules and Regulations do not apply to a Limousine Service or to a Person operating a Limousine Service that is: (a) owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensation is received from any other Person for carrying the passengers; (b) provided by an employer or employee association for use in transporting employees between the employees' homes and the employer's place of business or between workstations,. with the employees reimbursing the employer or employee association in the amount calculated only to offset the reasonable expenses of operating the vehicle; or (c) entering the Airport for the sole purpose of terminating a trip that lawfully originated outside of the .Airport, except when the Limousine is marked with a decal issued pursuant to this chapter. '~ 1 effect the policy of this chapter. (2) Articles III and VII lexcludincr Sectfon 7-3) of these Rules and Regulations do not apply to: (a) the driver of a Limousine operated under authority granted by the Interstate Commerce Commission to operate a regularly scheduled route, if the driver is operating within the scope of his employment; or (b) a Limousine operated under authority granted by the Interstate Commerce Commission to operate a regularly scheduled route. (3) It is not a defense to prosecution that the Person was operating a vehicle granted a certificate issued by the Texas Railroad Commission, or granted operating authority by the Interstate Commerce Commission for an irregularly scheduled route. (4) These Rules and Regulations, except for Sections 5-1 through 5-6, do not apply to a Limousine, or to a Person operating a Limousine, that is owned by the federal or state government or by a political subdivision of the state. (5) A Person or vehicle exempted under this subsection is subject to a fee, in an amount to be designated by the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, for operating at the Airport, using the Limousine Holding Stands, and obtaining an authorization decal as described in Section Z-3 of these Rules and Regulations.. SECTION 1-4. DEFINITIONS The definition of a term in the Rules and Regulations applies to each grammatical variation of the term, unless the context requires a different definition: (1) ADMINISTRATOR means the Director of Transportation for the City of Dallas, or his authorized agent, with the responsibility of implementing and enforcing the Dallas/Fort Worth International Airport Limousine Rules and Regulations. (2) AIRPORT means the Dallas/Fort Worth International Airport. (3) AIRPORT BOARD means the Dallas/Fort Worth International Airport Board, the governing body of the Airport. (4) CONTIGUOUS means abutting, adjacent, adjoining, bordering, and when concerning service zones, any address that can reasonably be determined to be on route to a final destination. (5) CONVICTION means a Conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. ` (6) DRIVER means an individual who drives or operates a Limousine. (7) HOLDER means a Person, partnershiv. corvoration~io venture or other legal entity or relationshi_n granted Operati. Authority to provide Limousine Service at the Airport, or his designated agent. (8) HOLDING STAND means a public place reserved exclusively for use by Limousines and includes all authorized Limousine queuing, loading, and holding areas. (9) LAWFUL ORDER shall mean a verbal or written directive issued by the Administrator or the Administrator's duly authorized representative~in the performance of their duties, in the enforcement of the Rules and Regulations authorized by this article. (10) LEGAL RESIDENT means a citizen of the United States or a Person residing in the United States in accordance with federal immigration laws. (il) LIMOUSINE means a luxury sedan or other vehicle ~goroved by the Administrator that has a manufacturer's rated seating capacity of not more than 15 passengers including the Driver and that is used for the transportation of Persons on a prearranged basis. (12) LIMOUSINE SERVICE means a passenger transportation service operated for hire on a prearranged basis that uses Limousines in the operation of the Service and includes, but is not limited to, a facility from which the Service is operated, Limousines used in the operation of the Service, a Limousine Driver, and a Person who owns, controls, or operates the Service. (13) OPERATE means to drive or to be in control of a Limousine. (14) OPERATING AUTHORITY means penaission granted by the Administrator to operate a Limousine Service at the Airport. (15) OPERATOR means the Driver of a Limousine, the Owner of a Limousine, or the Holder of Limousine Operating Authority. (16) OWNER ~~+A>>'~+p presumed to mean the Person to whom state license plates for a vehicle wive been issued. (17) PERSON means an individual, corporation, government or governmental subdivision, or an agency, trust, partnership or two or more Persons having a joint or common economic interest. 3 py telephone. correspondence, or other oral or written communication. (19) RULES AND REGULATIONS means the Limousine Service Rules and Regulations established under Chapter 5D, "Limousine Service Rules and Regulations," of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. (20) SERVICE AREA means the area made up of the counties of Dallas, Tarrant, Southeast Denton and Southwest Collin. 121) TERMINAL AREAS. means the roadways. parkins lots. curbside zones, and sidewalks servicing the arrival and departure areas of the airport terminals including but not limited to Terminals 2W, 2E. 3E. 4E: and. the roadways. parkins lots. curbside zones. and sidewalks servicing the Airport hotels at 3E and 3W. SECTION 1-5 ESTABLISHMENT OF RIILES AND REGIILATIONB f2) After the public hearing the Administrator shall notify the Holders and other interested Persons of any action adopting.. amending SECTION 1-6 ESTABLISHMENT OF PROCEDIIRES The Administrator may by written order establish procedures not inconsistent with the Rules and Regulations which he determines are pecessarv to discharge his duty to implement the Rules and regulations. ARTICLE II OPERATING AUTHORITY BECTION 2-1. OPERATING AIIT8ORITY REQIIIREDf NONTRANSFERABILITY (1) A Person or Owner shall not operate a Limousine Service or solicit passengers for a Limousine Service at the Airport without Operating Authority granted under the Rules and Regulations. (2) A Person or Owner shall not transport a passenger for hire at the Airport by Limousine unless the Person driving the Limousine or another who employs or contracts with the Driver has been granted Operating Authority under the Rules and Regulations. 0 C 4 (3) It is NOT a defense to ti~te prosecution that the Limousine Service originated the trip in another city, bringing passengers into D/FW Airport to be returned to their original location. (4) A Person shall not engage or hire a Limousine which he knows does not have Operating Authority or another form of permission from the Administrator . (5) Operating Authority may not be transferred to another Person. BECTION 2-2. APPLICATION FOR OPERATING AIIT8ORITY (1) To obtain Operating Authority, a Person shall submit an application on a form provided by the Administrator and a non- refundable fee of $150 for processing the application. to the Administrator. The applicant must be the Person who owns, Q,r who will ~ the proposed Limousine Service. A,n applicant shall file with the Administrator a written, verified application containing th.e following: (a) a statement as to the type of Operating Authority (Limousine Service) for which application is made, including a statement as to which category (Prearranged Limousine Service) the applicant proposes; (b) a description of any past business experience of the ® applicant, particularly in providing passenger transportation services, and an:identification and description of any prior revocation or suspension of a permit to operate a business or service using motor vehicles held by the applicant, the listed business, an affiliated business, or a Person with a direct interest in the =_=1=1 -~ ___ _____~ ~,___.___; ownership, of the business; (c) a description of the proposed service. includincL exact rates of fare to be charged: (d) the form of business of the applicant and, if the business is a sole proprietorship, partnership, corporation, or association, a copy of the documents establishing the business and the name, address and citizenship or legal residence of each Person with a ___ __. _.. ___ __ _ ownershia in the business; (e) the name, address, and verified signature of the applicant; (f) the name of the city from which the applicant is authorized to operate a Limousine Service and a copy of that city's document authorizing the Limousine Service; (g) a list detailing the number and a description of the vehicles the applicant proposes to use in the operation of the Limousine Service including year, make, model, manufacturer's rated seating capacity, motor identification number and state licensO registration for each vehicle to be. utilized; (h) a description of the proposed insignia and color scheme, if applicable, for the applicant's Limousines; (i) documentary evidence satisfactory to the Administrator from an insurance company, authorized to do business in the State of Texas indicating a willingness to provide liability insurance in the amounts specified in Section 4-4; (j) documentary evidence from the. FCC, if applicable, showing that application has been made for a radio dispatching service license as required by U.S. Federal law; (k) any additional information the Administrator considers necessary to the implementation and enforcement of the Rules and Regulations, for the protection of the public safety, or to meet any other local state or federal laws rules. regulations or guidelines. (2) Upon receipt of an application for a permit, the Administrator shall promptly notify in writing all other Persons holding a permit to operate a Limousine Service at D/FW Airport infonaing them of the application, and notifying them that the application may be reviewed at the D/FW Airport Transportation Regulation Office, for a period of time not to exceed 10 days from the date of application. (3) Within a 45 days after notification to existing companies of the proposed application, the Administrator shall approve or deny the application for issuance of Limousine Service Operating Authority provided no protests have been filed. at the Airport. SECTION 2-3. LIMITATIONS. OB OPERATING AOTHORITY (1) Women issued a permit shall only provide Operating Authority for the o~eration_of a Limousine Service at the Airnert_ (2) The Operating Authority may also contain other conditions and limitations determined necessary by the Administrator, including, but not limited to: ~~ :: C (a) the number and tyge of .vehicles to a used in the permitted service (b) a description of vehicles to be operated; vehicle; (c) the number of passengers that may be transported in each (d) customers to be served; (e) places of loading or unloading passengers; (f) schedules and routes to be followed; (g) maximum rates to be charged for. the Dermitted service; (h) operating proceduzess and (i) special conditions or restrictions. (2) A Person or Holder commits an offense if he fails to comply with the conditions or limitations placed on the Operating Authority under which he is operating a Limousine Service. (3) Each applicant, including any Person with a direct interest in the .business, applying for Limousine Service Operating Authority shall qualify for a Limousine Service Driver's Permit in accordance with this chapter. SECTION 2-4. AMENDMENTS TO OPERATING AIITHORITY (1) A Holder desiring to amend the terms or conditions of its _ Operating Authority shall submit a written request to the Administrator. Anon-refundable amendment fee in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, must accompany a request for any material change to the Operating Authority. The request shall include: (a) the nature of the proposed change; (b) the date the proposed change is to take effect. (2) 'the Administrator may approve an amendment unless it is in violation of or inconsistent with th® provisions of the Rules and Regulations. 7 (3l Amendments to a Limousine_Service Operating Authority to (4) If a Limousine Service experiences vehicular problems which require additional vehicles e't e e e additional service for a period not to exceed 10 days, the Service may request a temporary amendment for supplemental vehicles by submitting a written application form to the Administrator. The application must state the reason supplemental vehicles are needed and identify all vehicles to be used. Supplemental vehicles authorized must comply with insurance requirements, vehicle requirements, all permit fees, and any other requirements of this section and are subject to inspection by the Administrator, who may at anytime order unsafe vehicles to be removed from service. SECTION 2-5. RENEWAL OF OPERATING AOTHORITY (1) A Holder shall apply for renewal of Limousine Service Operating Authority permit at least 30 days before the expiration of the Operating Authority. (2) Within a reasonable time after the date of application, the Administrator shall approve or deny the application for renewal. (3) The Administrator shall renew the Operating Authority if the Administrator determines that: (a) the permit Holder has performed satisfactorily in compliance with all terms and conditions of the Operating Authority; (b) the Limousine Service is in compliance with all Law u Orders, requirements, Rules and Regulations and Procedures; (c) the service provided continues to be necessary for or to otherwise serves the public convenience and necessity SECTION 2-6. DENIAL OF APPLICATION FOR ISSIIANCE OR RENEWAL The Administrator shall deny issuance or renewal of Limousine Service Operating Authority if he finds that: (1) the public convenience and necessity do not require or are not otherwise served by the proposed service: (2) thm aoolicant or any Person holding an ownership interest i the application has been either convicted twice, suspended twice, or convicted once and suspended once, for a violation of the Rules and Regulations or procedures within the preceding two years; (3) the app cant failed to comply with the requirements of the Rules and Regulations,. or Lawful Orders, 9r procedures established under the Rules and Regulations within the ~recedinq 2 years: 8 ~':~~ (4) the applicant failed to comply with the terms and conditions of the Operating Authority for which application for renewal is made within the preceding 2~ears; (5) the applicant made a false statement as to a material matter in the application for issuance or renewal of operating Authority; (6) the_anplicant or any Person holdinc and ownership interest in the application has been finally. convicted far g~ a violation of another city, state, or federal law or regulation which ~rould reasonably tend to indicate that the holder is not fit to perform a Limousine Service; or (?) SECTION 2-7. SIIBPENSION AND REVOCATION OF OPERATING AIITHORITY (1) The Administrator may suspend or revoke Limousine Service Operating Authority o~ ~e,~ an administrative gine (except as to (1)(d) hereof) within the limits provided by law. if he determines that the Holder has: (a) made a false statement as to a material matter in an application for issuance or renewal of Operating Authority; (b) failed to comply with the rovisions of the Rules and P Regulations and/or Lawful Orders, procedures.. etc. established by the Administrator pursuant to Section 1-2 of these Rules and Regulations; (c) failed to comply with the terms and conditions of the Operating Authority, including, but not limited to, operating a type of service not authorized by the Operating Authority or operating a service in a manner not authorized by the operating Authority; (d) been finally convicted for g~ a violation of another city, state, or federal law or regulation which would reasonably tend to .indicate that i~r:dcates -hack-= _ _: _ ._~_ __ the Holder is not fit.. to perform a Limousine Service; (e) failed to pay all required fees; or {f) failed to surrender scrip tickets for the payment of fees prescribed in Section 2-9 in the manner approved by the Administrator. (2) The Administrator may suspend a Holder's operating Authority for a period not to exceed 60 days ~ ~ ~ administrative fine AIL. accordance with Section 8-7. At the end of the suspension period, the Holder may resume operating at the Airport, providing the deficiency causing the suspension has been corrected by the holder. 9 (3) A Holder whose Operating Authority has been revoked shall not reapply for Operating Authority before the expiration of 24 months from the date of revocation or, in the case of an appeal, the date the appeal hearing officer affirms the revocation. BECTION 2-8. APPEAL OF DENIAL, BDBPENBION, OR 1tEVOCATION The denial of an application for issuance or renewal of Limousine Service Operating Authority or suspension or revocation of Limousine Service Operating Autho=ity may be appealed by the applicant or Holder in accordance with Section 8-5 of the Rules and Regulations. SECTION 2-9. FEES; ANNIIAL I88IIANCE (1) The annual fee for Limousine Service Operating Authority shall be established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges. The annual fee shall be paid to the Administrator before the Operating Authority is issued. (2) Limousine Service Operating Authority may be issued for a period not to exceed one year and shall expire on October 31 of each year unless otherwise designated in the Operating Authority. If the Operating Authority is issued for a period of less than one year, the annual fee shall be prorated on the basis of the whole number of days in the month. (3) A permit amended to increase the number of vehicles used shall require the Administrator to compute and collect an adjusted amount for the fee as a result of the increase. The fe_e fer a temtiorarv oermit amendment authorizing supplemental vehicles shall be computed at the rate of S20 per vehicle. (4) In addition to the annual fee required in Subsection (1), the Holder of Limousine Service Operating Authority shall pay exit fees in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, in a manner prescribed by the Administrator, each time a Limousine vehicle exits the Airport while providing prearranged Limousine Service. (5) No refund of an annual Operating Authority fee shall be made. (6) An applicant allow the payment of to become delinquent tvpe of permit held. or permit Holder any fees required or past due. under this article shall not by these Rules and Regulations YO SECTION 2-10. ADVERTISEMENT OF LIMOIIBINE BEROICB (1) A Person commits an offense if he advertises or causes to be advertised the operation of a Limousine Service at DlFW 1~irflort that does not have valid Operating Authority under this article when the advertisement is reasonably calculated to be seen by Persons seeking Limousine Service at the Airport. (2) It is a defense to prosecution under Subsection (1) that the Person was the publisher (but not the owner). of the advertising material and had no knowledge that the Limousine Service did not have Operating Authority under this article. SECTION 2-11. TEMPORARY OPERATING AIITHORITY (1) The Administrator may issue temporary Operating Authority to a Limousine Service for a period not to exceed 10 days. (2) A Person desiring temporary operating Authority must submit such information as deemed appropriate by the Administrator to determine that: (a) Drivers are qualified; (b) vehicles are safe and roadworthy; and` (c) liability insurance is possessed that meets or exceeds those 1'imits specified in Section 4-4 of these Rules and Regulations. (3) The fee for temporary Operating Authority shall be established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges; as amended. (4) Vehicles used under temporary Operating Authority are subject to inspection procedures and fees in accordance with Section 7-1 of these Rules and Regulations. (5) The Holder of temporary Operating Authority is subject to the fees established in Section 2-9 (3) of these Rules and Regulations. SECTION 2-12. HOLDERS RECORDS AND REPORTS :` 11 Administrator may prescribe.. ARTICLE III LIMOUSINE SERVICE DRIVER'S PERMIT SECTION 3-1. LIMOUSINE SERVICE DRIVER'S PERMIT REQIIIRED (1) A Person commits an offense if he operates a Limousine inside the Airport without a valid Limousine service Driver's Permit issued to him under this article. It is a defense to prosecution under this subsection that the Person is terminating a trip that lawfully originated outside the Airport. (2) A Holder may not employ, contract with, or otherwise allow a Person to drive a in a Limousine Service a Limousine owned, controlled, or operated by the Holder unless the Person has a valid Limousine Service Driver's Permit issued to him under this article. (3) It is NOT a defense to prosecution that the Person was operating a vehicle granted a certificate issued by the Texas Railroad Commission, or granted Operating Authority by the Interstate Commerce Commission for an irregularly scheduled route. SECTION 3-2. QUALIFICATION FOR LIMOUSINE SERVICE DRIV'ER'S PERMIT (1) To qualify for a Limousine Service Driver's Permit, an applicant must; (a) be at least 19 years of age; (b) be a currently authorized to work full-time in the United States; (c) hold a valid driver's license issued by the State of Texas; (d) be able to communicate effectively in the English language; (e) not be afflicted with a physical or mental disease or disability that is likely to prevent him from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; 12 (3) A Holder shall maintain a record of the Driver of each (f) not have been convicted of more than four moving traffic violations arising out of separate transactions (within any 12 month period during the preceding 36 months); (g) not have been involved in more than two automobile accidents in which it could be reasonably determined that the applicant was at fault (within any 12 month period during the preceding 36 months); (h) not have been convicted of a crime: (A) involving: (fy criminal homicide as defined in Chapter 19 of the Texas Penal Code; Penal Code; (ii) kidnapping as defined in Chapter 20 of the Texas (iii) asexual offense as defined in Chapter 21 of the Texas Penal Code; (iv) an assaultive offense as defined in Chapter 22 of the Texas Penal Code; (v) robbery as defined in Chapter 29 of the Texas Penal Code; (vi) burglary as defined in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a Person with whom the applicant came in contact rorith while engaged in a passenger transportation service; (vii) theft as defined in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a Person with whom the applicant came in contact aiti~ while engaged in a passenger transportation service; (viii) fraud as defined in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a Person with whom the applicant came in contact orrt~t while engaged in a passenger transportation service; (ix) tampering with governmental records as defined in Chapter 37 of the Texas Penal Code, but only if the offense was committed in connection with a passenger transportation service: (x) public indecency (prostitution or obscenity) as defined in Chapter 43 of the Texas Penal Code; ,, 13 (xi) the transfer, carrying or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, but only if the violation is punishable as a felony; (xii) a violation of the Dangerous Drugs Act (Article 44 76-14, Vernon's Texas Civil Statutes); (xiii) a violation of the Controlled Substances Act (Article 4476-15, Vernon's Texas Civil Statutes) that is punishable as a felony; or (xiv) criminal attempt to commit any of the offenses listed in Subdivision (h) (A) (i) - (xiii) of this subsection; (B) , for which: (i) less than two years have elapsed since the date of Conviction or the date of release from confinement imposed for the Conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; (ii) less than five years have elapsed since the date of Conviction or the date of release from confinement for the Conviction, whichever is the later date, if the applicant was convicted of a felony offense; or (iii) less than five years have elapsed since the date of the last Conviction or the date of release from confinement for the last Conviction, whichever is the later date, if within any 24 month period, the applicant has two or more Convictions of any misdemeanor offense or combination of misdemeanor offenses; (i) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: (A) within the preceding 12 months; or (8) more than one time within the preceding five years; (j) not be addicted to the use of alcohol or narcotics; (k) be subject to no outstanding warrants of arrest; (1) be sanitary and well-groomed in dress and Person; (m) be employed by a Holder; and (n) have successfully completed within the preceding 12 months a defensive driving course approved by the Texas Education Agencv and be able to present proof of completion. 14 (2) An applicant who has been convicted of an offense listed in Subsection (1) (h) or (i), for which the required time period has elapsed since the date of Conviction or the date of release from confinement imposed for the Conviction, may qualify for a Limousine Service Driver's Permit only if the Administrator determines that the applicant is presently fit to engage in the occupation of a Limousine Driver. In determining present fitness under this section, the Administrator shall consider the following; (a) the extent and nature of the applicant's past criminal activity; (b) the age of the applicant at the time of the commission of the crime; (c) the amount of time that has elapsed since the applicant's last criminal activity; (d) the conduct and work activity of the applicant prior to and following the criminal activity; (e) evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated, following release o~ otherwise following conviction; and (f) other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial or rehabilitative responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other Persons in contact with the applicant. (3) It is the responsibility of the applicant to the extent possible, to secure and provide to the Administrator the evidence required to determine present fitness under Subsection (2) of this section and under Section 3.8(1) of this article. (4) As an additional qualification for a Limousine Service Driver's Permit, the Administrator may uniformly require applicants to pass an examination given by the Administrator that tests an applicant's knowledge of traffic laws, a Driver's duties under the Rules and Regulations, and the geography and road networks of the cities or counties surrounding the Airport. SECTION 3-3. APPLICATION FOR LIMOIIBINE BERVICE DRIVER'S PERMIT To obtain a Limousine Service Driver's Permit or renewal of a Limousine Service Driver's Penait, a Person must file a completed written application with the Administrator on a form provided for that purpose. The Administrator shall require each application to state any information he considers necessary to determine whether an applicant is alified. 15 SECTION 3-4. INPEBTIQATION OF ABPLICATION (1) For the purpose of determining qualification under Section 3-2 (1)(e), the Administrator may require an applicant to submit to a physical examination at the applicant's expense conducted by a licensed physician acceptable to the Administrator and to furnish the Administrator a statement sicned by the ~ysician, certifying that the physician has examined the applicant and that in the physician's professional opinion the applicant is qualified under Section 3-2 (1) (e) and able to operate a Limousine at the Airport. (2) The Administrator may conduct any other investigation he considers necessary to determine whether an applicant for a Limousine Service Driver's Permit is qualified. SECTION 3-5. ISSIIANCE AND DENIAL OF LIMOIISINE SERVICE DRIVER'8 PERMIT (1) If the Administrator determines that an applicant is qualified, he shall issue a Limousine Service Driver's Permit to the applicant. (2) The Administrator shall delay until final adjudication o~ other disposition the approval of the application of any applicant who is under indictment for or has charges pending for: (a) a felony offense involving a crime described in Section 3- 2 (h)(A) (i), (ii), (iii), (iv), (v) or criminal attempt to commit any of those offense; or (b) any offense involving driving while intoxicated. (3) The Administrator may deny the application for a Limousine Service Driver's Permit if the applicant: (a) is not qualified under Section 3-2; (b) refuses to submit to or does not pass a medical or written examination authorized under Section 3-2 or Section 3-4; or (c) makes a false statement of a material fact in his application for a Limousine service Driver's Permit. (4) If the Administrator determines that a Limousine Service Driver's Permit should be denied the applicant, the Administrator shall notify the applicant in writing that his application is denied and include in the notice the reason for denial and a statement informing the applicant of his right of appeal. 16 SECTION 3-6. EBPIRATION; VOIDANC$ IIPON BOSPENBION OR REVOCATION OF STATE DRIVER'S LICENSE Except in the case of a probationary or provisional permit, a Limousine Service Driver's Permit expires two years from the date of issuance. If a permittee's state driver's license is suspended or revoked by the state, his Limousine Service Driver's Permit automatically becomes void. A permittee shall notify the Administrator within three days of a suspension or revocation of-his driver's license by the state and shall immediately surrender his Limousine Service Driver's Permit to the Administrator. SECTION 3-7. PROVISIONAL PERMIT (l) The Administrator may issue a provisional Limousine Service Driver's Permit if he determines that: (a) the number of Limousine Drivers is inadequate to meet the. Airport's need for Limousine Service, in which case he may issue the number necessary to meet the need; or (b) it is necessary to allow the Administrator to complete investigation of an applicant°for a Limousine. Service Driver's Permit. (2) A provisional Limousine Service Driver's Permit expires 45 days from the date of issuance, or upon the applicant's being denied a Limousine Service Driver's Permit, whichever occurs first. (3) The Administrator may issue a provisional permit to a Person holding a state driver's license, in accordance with Article 6687 b, Section 5 (b), Vernon's Texas Statutes. SECTION 3-8. PROBATIONARY PERMIT (1) The Administrator may issue a probationary Limousine Service Driver's Permit to an applicant who is not qualified for a Limousine Service Driver's Permit under Section 3-2 if the applicant: (a) could qualify under Section 3-2 for a Limousine Service Driver's Permit within one year from the date ofapplication; (b) holds a valid state driver's license oecupati~n~ --~-----. _ . 2 - -. and (c) is determined by the Administrator, using the criteria listed in Section 3-2 (2) of this article, to be presently fit to engage in the occupation of a Limousine Driver. (2) A probationary driver's permit may be issued for a period not to exceed one year. i~ (3) The Administrator may prescribe appropriate terms and conditions for a probationary Limousine Service Driver's Permit as he determines are necessary. SECTION 3-9. DIIPLICATE PERMIT If a Limousine Service Driver's Permit is lost or destroyed, the Administrator may issue the permittee a duplicate permit upon receiving payment of a duplicate permit fee in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. BECTION 3-10. DISPLAY/SIIRRENDER OF PERMIT Pallas Transportation Reaulati n Em~lovee (31 A Limousine Driver shall allow the Administrator a D/FW upon request. SECTION 3-11. SIISPENSION BY A DESIGNATED REPRESENTATIVE (1) If a representative designated by the Administrator to enforce t es Rules and Regulations determines that a permittee has failed to comply with the Rules and Regulations (except Section 3-2), the representative may suspend the Limousine Service Driver's Permit for a period of time not to exceed 30 days by serving the permittee with a written notice of the suspension. The notice must include: (a) the reason for suspension; (b) the date the suspension begins; (c) the duration of the suspension; and (d) a statement informing the permittee of his right of appeal. (2) A suspension under this section may be appealed to the Administrator if the permittee submits a written rectuest to re appeal to the Administrator within ten days o receiving written notice of the suspension. When an appeal is requested, the suspension may not take effect unt~a decision on the aoceal is issued by the Administrator. 18 0 ~2) The Limousine Service Driver's Permit is the rroAerty of the Dallas/Fort Worth International Airgort and must be surrendered upon (3) The Administrator may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal. The Administrator may affirm, reverse, or modify the order of the representative. (1) If the Administrator determines that a pernaittee has failed to comply with any provision of the Rules and Regulations (except Section 3-2), the Administrator may suspend the Limousine Service Driver's Permit for a definite period of time not to exceed six months ~ ~ ~ administrative fine ~ accordance with Section 8_-7. (2) If at any time the Administrator determines that a permittee is not qualified under Section 3-2, the Administrator shall suspend the Limousine Service Driver's Permit until the Administrator determines that the permittee is qualified. A Driver shall provide the Administrator with necessary information or proof of his qualifications upon request. (3) A penaittee whose Limousine Service Driver's Permit is suspended shall not originate a Limousine trip at the Airport during the period of suspension. The Administrator may also order that the permittee not terminate trips at the Airport during the period of suspension. (4) The Administrator shall notify the permittee and the Holder employing. the permittee, in writing, of a suspension under this section. The notice must include: (a) the reason for the suspension; (b) the date the Administrator orders the suspension to begin; (c) (2) ; and (d) appeal. the duration of suspension or if it is under Subsection a statement informing the permittee of his right of (5) The period of suspension begins on the date specified by the Administrator, or in the case of an appeal, on the date. ordered by the appeal hearing officer . ~'''~ J 19 BECTION 3-12. BIISPENSION OF LIMOII$INE BERVICE DRIVER~B PERMIT SECTION 3-13. REVOCATION OF LIMOIIBINE BERVICS DRIVER~B PERMIT (1) The Administrator may revoke a Limousine Service Driver's Permit if the Administrator determines that the permittee: (a) operated a Limousine inside the Airport during a period in which the driver's Limousine Service Driver's Permit was suspended; (b) made a false statement of a material fact in his application for a Limousine Service Driver's Permit; (c) engaged in conduct that constitutes a ground for suspension under Section 3-12 (1) and received either a suspension in excess of 10 days or a Conviction for violation of the Rules and Regulations, two times within the 12-month period preceding the conduct or three times within the 24-month period preceding the conduct; (d) engaged in conduct that could reasonably be determined to be detrimental to the public safety; (e) failed to comply with a condition of a probationary permit; (f) was convicted of any felony offense listed in Section 3-2 while holding a Limousine Driver's permit; (g) failed to surrender the appropriate scrip tickets for the payment of fees prescribed in Section 2-9 in the manner approved by the Administrator; or _(h) operated a vehicle for a Person not holding a valid Limousine Operating Authority. (2) A Person whose Limousine Service Driver's Permit is revoked shall not: (a) apply for another Limousine Service Driver's Permit before the expiration of 24 months from the date the Administrator revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or (b) operate a Limousine at the Airport. (3) The Administrator shall notify the permittee in writing of a revocation. The notice shall include: (a) the reason for the revocation; (b) the date the Administrator orders the revocation; and (c) a statement informing the permittee of his right of appeal. 20 SECTION 3-il. LIMOIIBINE OPERATION AFTER BIISPENBION OR REVOCATION (1) After receiving notice of suspension or revocation of a permit or denial of a permit renewal, the permittee shall, on the date specified in the notice, surrender his Limousine Service Driver's Permit to the Administrator and discontinue operating a Limousine at the Airport. (2) Notwithstanding Section 3-12 (3) and Subsection (1) of this section, if the permittee appeals the suspension or revocation of a Limousine Service Driver's Permit, he may continue to drive a Limousine at the Airport pending the appeal unless: (a) the permittee is not qualified under Section 3-2; or (b) the Administrator determines that continued operation by the permittee would impose an immediate threat to the public safety. (3) A Driver shall comply with the decision of the appeal hearing officer. SECTION 3-15. APPEAL OF DENIAL, BIISPENSION, OR REVOCATION The denial of an application for issuance or renewal of a Limousine Service Driver's Permit, a suspension of a Limousine Service Driver's Permit under Section 3-12, or a revocation of a Limousine Service Driver's Permit may be appealed in accordance with Section 8-5 of the Rules and Regulations. SECTION 3-16. NONTRANSFERAHILITY (1) A Limousine Service Driver's Permit, badge, decal, ticket, or emblem assigned to one Person is not transferable to another. (a) forges, alters, or counterfeits a Limousine service Driver's Permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable law; or (b) possesses a forged, altered, or counterfeited Limousine Service Driver's Permit, badge, decal, ticket or emblem required by the Rules and Regulations or other applicable law; or a1 (3) A Person commits an offense if he: (c) possesses more than one Limousine Service Driver's Permit, badge, decal, ticket, or emblem required by the Rules and Regulations or other applicable law. SECTION 3-17. CIIRRENT MAILINQ ADDRESS OF PERMITTER (1) A Person issued a Limousine Service Driver's Permit shall maintain a current mailing address on file with the Administrator. (2) The permittee shall notify the Administrator of any change in this mailing address within five business days of the change. ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS BECTION ~-1. HOLDER~B AND DRIVER'S DIITY TO COMPLY (1) Holder. In the operation of a Limousine Service, a Holder shall comply with the terms and conditions of the Holder's Operating Authority, Lawful Orders of the Administrator, the Rules and Regulations, and other laws applicable to the operation of a Limousine Service. (2) Driver. While operating a Limousine at the Airport, a Driver shall comply with the Rules and Regulations, other laws applicable to the operation of a motor vehicle in this state, Lawful Orders of the Administrator, and orders issued by the Holder employing or contracting with the Driver in connection with the Holder's discharge of its duty under its Operating Authority and the Rules and Regulations. SECTION 4-2. HOLDER'S DIITY TO ENFORCE COMPLIANCE BY DRIVERS (1) A Holder shall establish policy and take action to discourage, prevent, or correct violations of the Rules and Regulations, procedures and Lawful Orders by Drivers who are employed by or contracting with the Holder. (2) A Holder shall not permit a Driver who is employed by or contracting with the Holder to operate a Limousine in Limousine Service if the Holder knows or has reasonable cause to suspect that the Driver ~ f ~ i is ~ i ~~ i~~~ w~ ~-.~ 22 °;~ ;. C 0 . w w..v vva awa,cav w +.~ .a.aav va..~icswcaa~. w1~.aa I / • . SECTION 4-3. DRIVER AS EMPLOYEE (1), All Drivers of a Limousine Service shall be bona fide employees of the Holder. Z3 SECTION ~1-4. INSIIRANCE ~7 property damage. or the equivalent. 14~ Insurance required under this section must• or not owned by the Holder operated under the Holder's Operating Authority. f5) No insurance required by this section may be obtained from an a_ssianed risk pool. l6) Operating Authority will not be granted or renewed unless the (8) Failure to maintain minimum insurance standards shall result lrl tt1E 1TiliT1P_[j 7 ~l~P_ C11CT1PTC 1 AT Af the Hn1 rier ~ ~ nTeYn+~; *,.~. ~~~~1,.vr4 ~•s Ti 24 0 evidence of operation as a Limousine has been removed from the vehicle and that the vehicle has in fact been removed from service. change to the insurance policy; and (7) A cony of documents establishing compliance with insurance recruirements shall be on file with the Administrator at all times. Da~ias/Fort Worth International Airport Hoard Schedule of Charges SECTION 4-S. BOLDER~B BERVICB REBPONSIBILITIEB (1) A Holder shall provide Limousine Service for passengers at the Airport in accordance with service levels and standards approved by the Administrator, the Air port Board, and the Cities of Dallas and Fort Worth . (2) A Holder shall cooperate with the Administrator in all phases of Limousine operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the Administrator for Limousine Service during periods of shortage. 8ECTION ,-6. INFORMATION TO HE BIIPPLIED ON REQIIEST OF ADMINISTRATOR In addition to anv other information or upon request of the Administrator, a Holder shall submit to the Administrator the following information: (1) a current fist of vehicles; 121 a current financial statement which includes a balance sheetjincome statement: (3} names of current officers, Owners, and managers of the Limousine Service; and (4) a list of the names and Limousine Service Driver's Permit numbers~.of current Drivers employed by the Holder. ARTICLE O SERVICE RULES AND REGULATIONS SECTION 5-1. PARRIN3 (1) A Driver shall park only on designated Limousine Holding Stands while serving the Airport. (2} A Person commits an offense if he: (a) parks a vehicle on a Limousine Holding Stand without authorization from the Administrator; or (b) leaves a vehicle unattended on a Limousine Holding Stand; except, that a Driver may leave his Limousine to provide. such assistance to a pass qer as is reasonably necessary after being engaged. (3) In proving an offense under Subsection (2) (a), it is prima facie evidence that a vehicle is unauthorized it the vehicle is not equipped with a decal in accordance with Section y-3 of these Rules and Regulations. 25 (4) A vehicle left unattended on a Limousine Holding Stand in violation of Subsection (2)(b) is illegally parked and may be removed from the Holding Stand and impounded with all towing and storage fees to be paid by the vehicle Owner. SECTION 5-2. REGIILATIONB FOR IISE OF HOLDING BTANDB (1) while using a Limousine Holding Stand, a Limousine Driver shall not: (a} leave his Limousine except to provide such assistance to a passenger as is reasonably necessary after being engaged; (b) perform or allow to be performed repairs or maintenance on a Limousine; or (c) utilize the Holding Stand while off duty. BECTION 5-3. LOADING AND DISCHARGE OF PA8BENGERB (1) A Driver shall load passengers and baggage into a Limousine only at designated Holding Stands. (2) Unless otherwise authorized by the Administrator, a Driver shall use the lower level at tenainals to discharge passengers, except when increased hardship would result to a passenger afflicted with a scvere physical or mental disability. BECTION 5-4. CRUISING THE AIRPORT (1) A Driver shall not cruise the Airport. A Driver is "cruising" anytime he drives a Limousine within 1,000 feet of a tenainal or a hotel on the Airport with out: (a) a passenger to be discharged at the terminal or hotel; (b) following the approved schedule and route contained in the Holder's Operating Authority, if applicable; (c) trip authorization by the Administrator; (d) assignment for a prearranged trip; or (e) taking a direct route to leave the Airport. SECTION 5-5. SOLICITATION AND ACCEPTANCE OF PASSENGERS (1) A Person commits an offense if he: (a) by word or gesture solicits or accepts a passenger for a Limousine at the Airport in a location other than an area specifically authorized by the Administrator for the solicitation or acceptance of Limousine passengers; as (b) solicits a passenger by means of an electronic device designed to amplify sound or in a manner that unreasonably annoys or obstructs the movement of a Person; or (c) pays an employee of another business to solicit passengers for or give preferential treatment in directing passengers to a Limousine, unless the Person has written permission from the Administrator and the executive director of the Airport, or hie designated representative. (2) A Person who acts as an agent in obtaining Limousine. Service for prospective passengers shall not: (a) solicit passengers for the service; or (b) accept payment from a Driver or Holder in return for giving preferential treatment in directing passengers to the Driver's or Holder's Limousine Service. (3) It is a defense to tine prosecution ,for a violation of this Subsection, if the Owner of the transportation service has made a contractual agreement or other prior arrangement with the management of the other business, and has been approved by the Administrator. (4) A Person commits an offense if he: t (al solicits on behalf of _a Limou under this chapter: or under this chapter. SECTION 5-6. CONDIICT OF DRIVER (1) A Driver shall: manner; Driver; (a) conduct himself in a reasonable, prudent, and courteous (b) maintain a sanitary and well-groomed appearances (c) not respond to a dispatched call assigned to another (d) (i) any alcoholic beverage; (ii) any drug; or 27 (iii) any other substance which could adversely affect his ability to drive a motor vehicle; (e) not interfere with the Administrator in the performance of his duties; (f) not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, Airport building or roadway in a manner that unreasonably. annoys or impedes the movement of a Person ~ vehicle: (g) comply with Lawful Orders of the Administrator issued in the performance of his duties; (h) not deposit any bottle, can, trash, debris, junk, food, or other object on or around any Holding Stand, building or Airport roadway except in an authorized trash receptacle; and (i) io ile ~ se e o ~ make A a s statement ~Q ~g Administrator. SECTION 5-7. RETIIRN OF PA38ENGER~B PROPERTY (1) Upon finding property left by a passenger in a Limousine, the driver shall immediately return the property to the owner of that property . (2) If the Driver is unable to locate the owner or if the Driver does not know the identity of the owner, the Driver shall immediately notify by radio or telephone, the Holder of any property left by a passenger in a vehicle, deliver the property to the Holder, and notify the Administrator of the location and description of the property. SECTION 5-8. PREARRANGED LIMOOSINE SERVICE (1) Limousine Service shall be operated on a Prearranged basis. All arrangements for Limousine Service must be made prior to the Limousine entering into the Terminal Areas of the Airport. (2) When entering the Terminal Areas of the Airport, a Driver who furnishes Prearranged Limousine Service shall have in his possession, and present to the Administrator upon request, written documentation indicating the following information: (a) the name of the customer or customers; (b) the number of individuals in the party; (c) the airline carrying the customer or customers; (d) the flight number; 28 (e) the flight arrival time; and (f) the destination of the Limousine trip. (3) A Driver furnishing Prearranged Limousine Service shall not accept any passengers at the Airport except those for whom service has been Prearranged and documented in accordance with Subsection (2) of this section. (4) A Driver. furnishing Prearranged Limousine Service shall not drive into the terminal area of the Airport more than five minutes prior to the scheduled arrival of the flight carrying the customer for whom Limousine Service is to be urovided. If a_~'lfaht is_delaved~_the tie customer's flight• (5) A Limousine Driver- shall load customers and baggage into the Limousine and immediately leave the terminal area. [7 a) condition of Limousine ve 1b) constancy of .service.. at the Airport: (c) adherence to all Rules and Regulations: (d) Driver conduct: and (e) passenger complaints. SECTION 5-9. SCBEDDLED LIMOIIBINE BERVICE 29 SECTION 5-10. NOT FOR HIRE STATIIB OF LIMOIIBINEB (1) Each Limousine aerating at the airr~ort is presumed to be on duty and ready to serve the general public for hire. If a Driver is off-duty and does not intend to provide Limousine Service at the Airport, he shall comply with the following requirements: (a) The Driver shall place a sign, to be provided by the Holder, in the Limousine indicating the words "NOT FOR HIRE" printed in letters not less than three inches in height with a stroke of not less than 3/8 inch. The letters shall be on a backing of sufficient thickness to not easily bend. (b) When a Driver is not for hire, he shall display the sign in an upright position in the front window on the right side of the Limousine so as to be easily seen and read from outside of the Limousine. (2) A Driver who is not .for hire shall not park or stand his Limousine on a Limousine Holding Stand or within 500 feet of a Limousine Holding Stand or along or in the one hour parking zones of the Airport roadways. ARTICLE VI FARES SECTION 6-1. RATES OF FARE (1) A Driver or Holder shall not charge a fare for operating a Limousine at the Airport that is inconsistent with the rates authorized in the Holder's Operating Authority. (2) A Holder desiring to effect a change in the approved rates of fare shall submit a written request in accordance with Section 2-4 of the Rules and Regulations. (3) The rates listed in the Holder's Operating Authority shall be strictly adhered to, and no change in rates may be implemented without written approval of the Administrator. (4) The Administrator may require a Holder to display rates on or within a Limousine in a manner prescribed by the Administrator. (5) The Driver or Holder shall give the Person paying a fare a ticket or receipt that indicates the name, address, and phone number of the Limousine company and the amount of the fare. 30 '~ ARTicr~E vI VEHICLES AND EQUIPMENT SECTION 7-1. vEHICLB INSPECTION (1) The Holder of a Limousine .service germit shall maintain all vehicles used. in the service in a safe mechanical condition and shall maintain the interior and exterior of the vehicles in good repair. (2) A Holder shall have each vehicle to be used in Limousine Service inspected in a manner approved by the Administrator before Operating Authority is issued and at such other times as may be ordered by the Administrator. Inspection shall determine safety of the vehicle, condition of maintenance, and compliance with all state and federal laws including those regulating emission of air contaminants. compliance. (3) A Holder may have a reasonable number of reserve vehicles inspected for use when a vehicle designated by Operating Authority is out-of-service. The Administrator shall determine the number of reserve vehicles that a Holder may have inspected when reserve vehicle inspection is requested. (4) The fee for each inspection of each vehicle of a Holder will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (5) The Administrator shall designate the time and place for annual inspection of vehicles operated under Operating Authority. If the Administrator designates someone other than.a city employee to perfona the inspection, the applicant or Holder shall bear the reasonable cost of inspection. (6) A Holder may contract for maintenance but shall be responsible for maintaining or seeing that all vehicles operated under his Operating Authority are maintained in safe operating condition. 31 r (7) If a vehicle is involved in an accident or collision during the term of the permit. the.Holder shall notify the Administrator within 5 days after the accident. Before o~eratinq the vehicle asain under the germit, the vehicle must be reinspected to insure that the vehicle has been restored to its previous condition. SECTION 7-2. VEHICLE EQIIIPMENT (1) A Holder, Owner, or Driver of a Limousine shall provide and maintain in good operating condition the following equipment for each Limousine: (a) an air conditioner system capable of cooling the passenger compartment to 20 degrees below the outside temperature and a heater; (b) a fire extinguisher of at least one quart capacity located within Driver's reach; (c) a decal complying with Section 7-3 of the Rules and Regulations; (d) evidence of insurance: (e) any other er~uiDment required to comply with all applicable Federal and State motor vehicle laws: and (f) any other special equipment that the Administrator determines to be necessary. (2) All Limousines and all Limousine equipment must comply with all applicable federal and state motor vehicle safety standards. (3) This section does not apply to a Limousine Service with all points of destination outside Dallas and Tarrant counties. (4) The use of any type of meter or measuring device for the calculation of rates is prohibited, 15) All temporary vehicles must have a fire extinguisher of at t nr~a mart e~anae+ity lnnateel within t1~e flriver~e rnsnh s rinna~ ~ccvraance W1Ln ~eCLlOn /-3 Or Llle KuleS ana . standards as determined by the Administrator. J 32 decals and rate sheets. .. l ~~ ~ .SECTION T-3. DECALB (i) A Holder shall obtain from the Administrator a decal indicating the Limousines authority to operate at the Airport. The decal must be attached to each Limousine in a manner and location approved by the Administrator. The decal is the nronerty of .the Dallas/Fort Worth International Airt~ort Board. (2) The Administrator may cause a decal to be removed from a Limousine which at any time fails to meet the minimum standards for appearance, condition, age, or equipment. The fee for reissuance of a decal to a Limousine from which a decal has been removed by the Administrator will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (3) A Person commits an offense if he: (a) operates a Limousine at the Airport with an expired decal or with no decal affixed to it, except for the sole purpose of terminating a trip that lawfully originated outside the Airport; (b} attaches a decal to a vehicle not authorized to operate as a Limousine at the Airport; (c) parks a vehicle on a Limousine Holding Stand with an expired decal or with no decal affixed to it; or (el covers. conceals or attempts to cover or conceal the decal.- SECTION 7-4 FALSE REPRESENTATION AS A LIMOIISINE BERVICB A Person conunits an offense if he: 33 (l1 represents that a vehicle is a Limousine in a Limousine Service i.f the vehicle is not in .fact a Limousine in a Limousine Service authorized to operate at the Aircort. L ARTICLE VIII ENFORCEMENT BECTION 8-1. AIITHORITY TO INSPECT The Administrator may inspect a Limousine Service operating at the Airport to determine whether the vehicle/service complies with the Rules and Regulations established for Limousine operation or other applicable law. BECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PIIHLIC SAFETY (1) Upon specific request of the Administrator, officers of the Airport's Department of Public Safety (DPS) may assist the Administrator in the enforcement of the Rules and Regulations. f2) A DPS officer upon observing a violation of this chapter or SECTION 8-3. CORRECTION ORDER (1) If the Administrator determines that a Holder is in violation of the terms of its Operating Authority, the Rules and Regulations, a Lawful Order of the Administrator, or other law, the Administrator shall notify the Holder in writing of the violation and by written order direct the Holder to correct the violation within a reasonable period of time. In setting the time for correction, the Administrator shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the Administrator may order the Holder to immediately cease use of the equipment. (2) If the Administrator determines that a violation is an imminent and serious threat to the public health or safety, the Administrator m_y order the Holder to correct the violation immediately. If the Holder fails to comply, the Administrator shall promptly take or cause to be taken any action he considers necessary to the immediate enforcement of the order. (3) The Administrator shall include in a notice issued under this section: (a) an identification of the violation; (b) the date of issuance of the notice; (c) the time period within which the violation must be corrected; 34 (d) a warning that failure to comply with the order may result in suspension or revocation of Operating Authority, imposition of a fine, or both; and (e) a statement indicating that the order may be appealed to the Executive Director of the Airport, or his designated representative. SECTION 8-4. SERVICE OF NOTICE (1) A Holder shall designate and maintain a representative to: (a) receive service of notice required under. the Rules and Regulations to be given a Holder; and (b) serve notice required under the Rules and Regulations to be given a Driver employed by a Holder. (2) Notice required under the Rules and Regulations shall be given in the following manner: (a) A Holder must be Personally served with. the notice by the Administrator, or .service may be accon4Plished by serving Holder's United States mail, five-day return receipt requested, to the address last known to the Administrator of the Person to be notified, or to the designated representative of the Holder; (b) a Driver permitted under Article III must be personally served by the Administrator or served by certified United States mail, five-day return receipt requested, to the address, last known to the Administrator, of the Person to be notified, or to the designated representative for the Driver; or (c) a Person other or a Holder may be served in (b) of this section. (3) Service executed in notice to the Person to whom service for a notice. that is SECTION 8-S. APPEALS than a Driver licensed under Article III the manner prescribed by Subsection (2) accordance with this section constitutes the notice is addressed. The date of mailed is the date of receipt. (1) If the Administrator denies issuance or renewal of Limousine Operating Authority, suspends or revokes Limousine Operating Authority, denies issuance or renewal of a Limousine Service Driver's Permit, suspends a Limousine Service Driver's Permit under Section 3-12, revokes a Limousine service Driver's Permit, or issues a correction order under Section 8-3, the action is final unless, within 10 days from the date of receiving the written notice of tha action, the affected applicant, Holder, or Orfver files an appeal, in writing, with 35 the Executive Director of the Airport specifying the reasons for the appeal. (2) The Executive Director of the Airport or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of evidence presented at the hearing. (3) The hearing officer may affirm, modify, or reverse all or part of the action or order of the Administrator being appealed. The decision of the hearing officer is final unless the action.a~oealed SECTION 8-6. CRIMINAL OFFENSEB (1) A Person commits an offense if he violates or attempts to violate a provision of the Rules and Regulations applicable to him. A culpable mental state is not required for the commission of an offense under the Rules and Regulations unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under the Rules and Regulations is punishable by a fine not to exceed $500. (2) Prosecution of an offense under Subsection (1) does not prevent the use of other enforcement remedies or procedures applicable to the Person charged with or the conduct involved in the offense. SECTION 8-?. ADMINISTRATIVE FINES _ ~~~ The fines shall be in established in accordance with the pallasjFort Worth International Airaort Board Schedule of Chases. as emended. 3b Article 6252-13d. and Section 3-12 of the Rules and Regulations. _ (3) Delinquent or bast due fines shall be cause for the ministrator or Executive Director of th Ai art to immediate~v s~usDend anv cermit ooerating Authority, or written authors atir,r, of Owner or Driver until such fines are maid in full or tak anv other legal action deemed necessary to recove delinquen or Dast due fines. ~fs~:: 37 pity o~" ltt~o~t ~~®~°th, ~~.~as DATE REFERENCE SUBJECT ORDINANCE APPROVING D/FW INTERNA- PACE NUMBER TIONAL AIRPORT BOARD RESOLUTION NO. 90- 2 12-11-90 G-8957 175 ADOPTING NEW GROUND TRANSPORTATION 1°r RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving Resolution No. 90-175 of the Dallas/Fort Worth International Airport Board which repeals Chapter 5, Bus and Limousine Rules and Regulations" of the Dallas/Fort Worth International Airport Board Code of Rules and Regulations and adopts in lieu thereof Chapters 5A (Shared Ride), 56 (Scheduled Shuttle}, 5C (Bus) and 5D (Limousine). DISCUSSION: The development of Shared-Ride and Scheduled Shuttle transportation services at the Dallas/Fort Worth International Airport has rendered Chapter 5, "Bus and Limousine Rules and Regulations" of the Dallas-Fort Worth International Airport Board Code of Rules and Regulations inadequate to regulate ground transportation services at the Airport. As a result, on October 2, 1990, the Dallas/Fort Worth International Airport Board adopted Resolution No. 90-175 which repealed Chapter 5 and adopted in lieu thereof separate chapters addressing each separate type of ground transportation service operating at the Airport. Chapter 5 will now be replaced by Chapter 5A (Shared Ride), Chapter 5B (Scheduled Shuttle), 3~Chapter 5C (Bus), and Chapter 5D (Limousine). These new chapters contain revised requirements for operating authority, insurance, operating procedures, designated holding stands, as well as standards for driver permitting, conduct and solicitation, and will allow more effective enforcement, more efficient curbside utilization and improved traffic flow. Attached hereto for the City Council's review is the Airport staff's "Report on Proposed Changes to the Dallas/Fort Worth Airport Bus and Limousine Rules ~~ and Regulations. This report provides the City Council with a summary of the revisions to the Airport's ground transportation rules and regulations. Also attached for the City Council's review, should it desire, are copies of Chapters 5A through 5D of the new ground transportation rules and regulations. The City staff has reviewed the proposed revisions and recommends they be approved by the City Council. Paragraph 8.F of the 1968 Contract and Agreement between the Cities of Dallas and Fort Worth requires that both cities must approve the changes before they become effective. DATE REFERENCE sue~ECT ORDINANCE APPROVING D/FW INTERNA- PAGE NUMBER TIONAL AIRPORT BOARD RESOLUTION N0. 90- 2 # 12-11-90 G-8957 175 ADOPTIN NEW ,f RULES AND REGULATIONS AT D/FW AIRPORT FINANCING: The recommended action does not involve the expenditure of funds by the City of Fort Worth. WA:o 12DFWORD APPROVED $Y CITY COUNCIL DEC ~1! 1990 ~~a~~ City Secretary of thc~ City of For: Vilorth, Texas SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Ramon Guajardo 6191 DISPOSITION BY COUNCIL: ^ APPROVED PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Wade Adkins 7623 CITY SECRETARY FOR ADDITIONAL INFORMAT~i 11 i am Wood CONTA T 7605 Adopted Ordinance No. ~~' ~~ C . DATE