HomeMy WebLinkAboutOrdinance 10748C, C
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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
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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;
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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
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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-
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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-
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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:
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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.
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SECTION 4. That this resolution shall take effect immediately
upon its passage.
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Department rector Director of Finance Executive Director
APPROVED AS TO FORM:
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Legal unsel to the Board
Attachment
0500-90
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SHARED-RIDE SERVICE
CHAPTER 5A
Revised 09-13-90
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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
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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
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SHARED-RIDE SERVICE
Draft Revision
09-13-90
ARTICLE I.
GENERAL PROVISIONS
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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
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(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.
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(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.
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(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.
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(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.
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(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.
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(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:
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(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~.
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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
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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.
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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
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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
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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:
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(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.
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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.
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(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=
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(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;
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(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.
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(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;
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® (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.
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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.
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,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.
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(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.
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(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;
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(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
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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.
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(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.
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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
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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:
~~
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(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
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.
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