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HomeMy WebLinkAboutOrdinance 21775-06-2015 ORDINANCE NO. 21775-06-2015 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH., APPROVING RESOLUTION NO. 2015-05-074 OF THE DALLAS/FORT WORTH INTERNATIONAL A.IRPOR,'.I' BOARD WHICH AMENDS CHAPTER 4 OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD'S CODE OF RULES AND REGULATIONS, AS AMENDED; PROVIDINC A SEVERABILITY CLAUSE; PROVIDING FOR A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) PER DAY FOR ANY VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section &F of the 1.968 C ontract and Agreement, as amended, between the City of Fort Worth, and the City of Dallas, Texas, provides that the Dallas/Fort Worth International AitT)ort Board shall have the power, by a duly adopted order, to adopt and enforce rules and regulations for the orderly, safe, efficient and stirdtary operation of the Airport, and to prescribe reasonable penalties for the breach of any rule or regulation not to exceed the maximurn fines authorized by state law; and WHEREAS, Sections 22,082 of the Texas Tra.risportation (.",ode, Chapter 22, Subchapter D and Section &F of the 1968 Contract and Agreement, as an ended, provide that such orders by the .Dallas/I."ort Worth Intemational Airport Board shall bectome effective only upon approval of the govemixig bodies of the Cities of Fort Worth and Dallas and proper publication; and WHEREAS, on May 7, 2015, the Dallas/Fort Worth International Airport Board passed, approved, and ordered. Resolution No. 2015-05-074, which amends the Dallas/Fort Worth [nternational Airl°.)ort Board's Code of Rules and Regulations, as arnended, to arnend Chapter 4, to require all transportation for hire operators, drivers, and vehicles to comply with the standards Ordimmee No.21775-06-2015 Page 1 of 4 of either the City of Fort Worth or the City of Dallas, to amend provisions regulating limousine services to include a broader range vehicles, which will be reclassified as prearranged services, and to renumber and change chapter titles; and WHEREAS, the Dallas/Fort Worth International Airport Board has requested that the City Councils of the Cities of Fort Worth and Dallas approve its said Resolution No. 2015-05- 074 in order that it may become effective. 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 part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 2015-05-074 of the Dallas/Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit "A" and is made a part of this ordinance by reference, is hereby approved. SECTION 3. That after publication of a substantive statement relating to the contents of Resolution No. 2015-05-074 of the Dallas/Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Tarrant and Dallas, stating that a breach of any provision of Resolution No. 2015-05-074 will subject the violator to a penalty, and stating that the full text of Ordinance No.21775-06-2015 Page 2 of 4 Resolution No. 2015-05-074 and any attachments to it are on file in the principal office of the Dallas/Fort Worth International Airport Board to be read by any interested party. Resolution No. 2015-05-074 shall thereafter have the 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 are severable, and if any phrase, clause, sentence, paragraph or section shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted without the incorporation of any unconstitutional 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. 2015-05-074 shall be fined not more than Five Hundred Dollars ($500.00) or more than Two Thousand Dollars ($2000.00) for each offense relating to fire safety or public health and sanitation, including the dumping of refuse. Each day that a violation is committed, continued, or permitted to exist shall constitute a separate offense. Ordinance No. 21775-06-2015 Page 3 of 4 SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of any other ordinances affecting the Code of Rules and Regulations of the Dallas/Fort 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 and 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 this ordinance shall take effect immediately from and after its passage and publication as required by law, in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: By: _ - - - --.- .-...... Assistant City Atto ey lary J. K c r (pity ec,retary Adopted and Effective: June 9, 2015 Ordinance No.21775-06-2015 Page 4 of 4 EXHIBIT May 8, 2015 STATE OF TEXAS § COUNTY OF DALLAS § COUNTY OF TARRANT § I, Kristy Anderson, Board Secretary of the Dallas-Fort Worth International Airport Board, do hereby certify that the attached is a true and correct copy of Resolution No. 2015-05-074, approved by the Dallas-Fort Worth International Airport Board of Directors at its Board Meeting held on May 7, 2015. WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, this the 8" of May 2015. KrisVnderson Board Secretary DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD OFFICIAL BOARD ACTION/RESOLUTION Date Committee Subject Resolution# 05/07/2015 Operations Amendment to the Code of Rules and Regulations of the 2015-05-074 Dallas/Fort Worth International Airport Board.., Chapter 4, Ground Transportation Action That the Airport Board approve amendments to Chapter 4 of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board relating to Vehicles for Hire. Description •This action will approve amendments to Chapter 4, Ground Transportation •Retains conformity with Owner Cities Rules governing Transportation for it services •Major revisions include ♦ Require Transportation for it companies, such as taxicab or pre-arranged operators, to obtain either a City of Dallas or City of Fort Worth Operating Authority in order to obtain Operating Authority at DFW Airport ♦ Enable pre-arranged Transportation Network Companies (TNCs) to be authorized to obtain Operating Authority at DFW Airport ♦ Remove limitations on the number of taxicab companies, vehicles and taxicab drivers that are authorized at DFW Airport ♦ Require vehicle operators to obtain either a City of Dallas or City of Fort Worth driver permit in order to operate at DFW Airport ♦ Remove DFW Airport from issuing driver permits fort icab or pre-arranged drivers Justification *Supports our Owner Cities in simplifying and further aligning DFW regulations related to Transportation for it services at DFW Airport *Eliminates redundant permitting fees and administration, and ensures conformity with Owner Cities' rules governing Transportation for it • Enables high demand new transportation service offering which is in conformity with Owner Cities strategic product offering D/S/M/WBE Information • N/A- Not subject to the Board's D/S/M/WBE Program Policies (Board policies and amendments). Contract# Agreement# Purchase Order# Action Amount Revised Amount $0 $0 For Information contact Fund Project# External Funding Source Amount F. Paul Martinez $0 3-7150 Resolution#2015-05-074 Additional Information •Per State Law and the 1968 Contract and agreement, these amendments will also need to be approved by the Dallas and Fort Worth City Councils and will be effective upon such approval being : obtained, Additional Attachments. N BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD Section 1. That the attached amendments to the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board be and are hereby approved. Section 2. That the Chief Executive Officer, or Designee, be and is hereby directed to forward the attached amended Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board to the Cities of Dallas and Fort Worth along with a request that their respective City Councils take action to approve same. Section S. That the Chief Executive Officer, or Designee, be and is hereby authorized tot such further action as he deems necessary to see to the passage and enforceability of the attached amended Code of Rules and Regulations of the Dallas/Fort Worth InternationalAirport Board. Approved as to Form by Approved as to Funding by Approved as to M/WBE by Rodriguez, Elaine Miyashita, Glenn Lee, Tamela Legal Counsel AVP Capital Planning VP Business Diversity& Dev Apr 23, 201511:46 am Finance Business Diversity and Apr 23, 2015 7:29 am Development Apr 23, 2015 12:05 am SIGNATURE REQUIRED FOR APPROVAL Approved by Department Head May 7 2015 311� Operations _-;�tr_ _6 m Apr 22, 2015 6-25 pm Chief Executive Officer to Revised DRAFT / / CHAP T"cR 4 GMund Transpertatio-Rules arc!Regulators CHAPTER GROUND TRANSPORTATION RULES AND REGULATIONS ARTICLE I. GENERAL PROVISIONS. Sec.4-1. Statement of policy. Sec.4-2. General authority for enforcement. Sec.4-3. Exemptions. Sec.4-4. Definitions. Sec.4-5. Establishment of Rules and Regulations. Sec,4-6. Establishment of Procedures. ARTICLE II. OPERATING AUTHORITY. Sec.4-7. Operating authority required. Sec.4-8. Insurance. Sec.4-9. Application for issuance, renewal, amendment or temporary amendment of operating authority. Sec. 4-10. Suspension and revocation of operating authority. Sec.4-11. Appeal of denial,suspension or revocation. Sec.4-12. Fees. Sec.4-13. Advertisement of regulated service. Sec.4-14. Holder's records and reports. 1 DRAFT Revised 04A?*A&-Q��2�015� ARTICLE Ill, DRIVER PERMIT REQUIRED. Sec, 4-15. Driver permit required. iga#GA-Gf-aWkafW Sec. 4-2416 Display of permit. --Suspensio��ated4eprese-ntafive- Sec.4-2417 Suspension of a driver pem*-by the administrator. Sec.4-M18 Revocationofa driver -pern* feWQGatk)R-. ARTICLE IV. MISCELLANEWOUS HOLDER AND DRIVER REGULATIONS. Sec. 4,1819 Holder's and driver's duty to comply. Sec,4-2020 Holders duty to enforce compliance by drivers. 2 DRAFT Revised 04424A4 2015 Sec.4-3421 Holders service responsibilities. See.4-3222. Information to be supplied upon request of the administrator. Sec.4-3323. Falsifi cation and non-transferability of authorization. ARTICLE V. GENERAL SERVICE RULES AND REGULATIONS. See. 44424. Regulations for use of holding stands. Sec.4-3525. Loading and discharging of passengers. Sec.4-W26 Pre-arranged trip information. Sec.4-U27. Cruising. Sec.4-38-28. Solicitation of passengers. Sec.4-3029. Conduct of driver. Sec.4-4-930. Return of passenger's property. Sec.4-44-31 Not-for-hire status of vehicles. Sec.4-Q32. Taxicab service. Sec. 4-4433. Prearranged servi ce. ARTICLE V1. FARES. See.4 44ii Sec.4-4534 Rates of fare for taxicab. Sec.4-4635 Fare collection procedure for taxicab. Sec. 4-36. Rates of krp Fornotbad:Indent:Left: 0.5',Mrst fine: 0.5' 3 DRAFT Revised 04PQAS 0510712015 ARTICLE VII. REGULATED VEHICLE STANDARDS AND INSPECTION. Sec,4-4737 Standards. See.4-"38. Inspection. Sec.4-4939. False representation. Sec. 4-6490 Decals. See.4-&W. Equipment. Sec.4-5242. Taxicab equipment. Sec.4-6343. Taximeter. ARTICLE VIII. ENFORCEMENT. Sec.4-5444 Authority to inspect. Sec.4-5646 Removal of evidence of authorization. Sec.4-6646 Assistance by Department of Public Safety. Sec.4-5747. Correction order, Sec.4-&M8. Service of notice. Sec.4-5949 Appeals. See.4-9050 Criminal Offenses. Sec.4-6451 Administrative fines. ARTICLE 1. GENERAL PROVISIONS. SEC.4-1. STATEMENT OF POLICY. 4 DRAFT Revised 04J24A& 2015 It is the policy of the Airport Board and the Cities of Darias and Fort Worth to promote and provide adequate and efficient regulated services at the Airport.To this end, rules and regulations for regulated services at the Airport are developed to protect the public health and safety,to promote the public convenience and necessity,and to facilitate efficient utilization of the roadway system and terminal curbside space while respecting the concept of free enterprise. C. - . GENERAL AUTHORITY FOR ENFORCEMENT The Administrator shall implement and enforce this chapter and may by written order establish procedures, not inconsistent with this chapter, determined as necessary to discharge the Administrators duties under, or to effect the policy of,this chapter. SEC.4-3. EXEMPTIONS. (a)Except when the vehicle has been issued a decal pursuant to this chapter, these Rules and Regulations do not apply to a vehicle or to a person operating a vehicle that is: (1)owned by a nonprofit organizadon and carrying only passengers associated with that organization,if no compensation is received from any other person for carrying the passengers; he ,2'pr-ey;dedby-aff-e��efmaplayeeas- the-vehiGle-,' (4)L2 Lentering the Airport for the sole purpose of terminating a trip that lawfully originated outside of the Airpot.L,-Gr DRAFT Revised 04ANAS 2015 (*LU_These Rules and Regulations,except for SEC.4-U24.through 4-3433 do not apply to a vehicle or to a person operating a vehicle that is owned by the federal or state government or by a political subdivision of the state. (e)LcLA person or vehicle exempted under this subsection is subject to a fee, in an amount to b e d esignated by the Airport Board Schedule of Charges, as amended,for operating at the Airport, using the holding stands,or obtaining an authorization decal. SEC.4-4. 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: ADMINISTRATOR means the Pireetw;-Vice President of Operations of the Dallas/Fort Worth International Airport Board, and includes representatives, agents or Airport Board employees designated by the Administrator. AIRPORT means all of the land, improvement,facilities, and developments within the boundaries of the Dallas/Fort Worth International Airport. AIRPORT BOARD OR BOARD means the Dallas/Fort Worth International Airport Board. CENTRAL QUEUE means the location from which regulated vehicles are dispatched to specific locations on the Airport. COMPLIANCE PROGRAM means the program established by the Administrator to ensure compliance with Chapter 4 of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board. fevemed,-vaGate 6 DRAFT Revised / 7/ CRUISING means driving a regulated vehicle within 1000 feet of a terminal, hotel, or terminal area on the Airport without a dispatch authorization or other form of permission from the Administrator. DEPARTMENT OF PUBLIC SAFETY means the Department of Public Safety of the Dallas/Fort Worth International Airport Board. DEPARTMENT OF OPERATIONS means the Department of Operations of the Dallas/Fort Worth International Airport Board. DESTINATION means an exact and separate place, point, or address. DRIVER means an individual granted permission by the Administrator to drive or operate a regulated vehicle. l EMPLOYEE means any person, sole proprietorship, partnership, corporation, association,stockholder,joint venture,or independent contractor in the service of another, under any contract of hire whether express or implied,oral or written. CEO means the Chief Executive Officer of the Dallas/Fort Worth International Airport Board,or his designee. HOLDER means an individual, sole proprietorship,partnership,corporation,joint venture or other legal entity granted operating authority to provide regulated service at the Airport,or the holder's designated agent. HOLDING STAND means all authorized queuing, loading,and holding areas as designated by the Administrator. INDEPENDENT CONTRACTOR means a taxicab or pre-arranged services driver who has contracted with a holder. LAWFUL ORDER means a verbal or written directive issued by the Administrator or the Administrator's duly authorized representative in the performance of the Administrator's duties in the enforcement of the Rules and Regulations authorized by this chapter. LEGAL RESIDENT means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws. DRAFT Revised 04424A4_2���2015� LIMOUSINE means a full size luxury sedan-:_ervehicle or other vehicle awAed-of 1eaeed-by4he-hGkWF4Ad approved by the Administrator. lb—an fifteen passeiVef&4nGk4diF:.g-t4;w4r4;41�el�; flialr­is���� baGis-. an GpemtiG���, ON-DEMAND means a taxicab transportation service that has not been pre- arranged by Airport patrons traveling from the Airport to their destination. OPERATE means to drive or to be in control of a regulated vehicle, OPERATING AUTHORITY means permission granted by the Administrator to operate a regulated service at the Airport. OPERATOR means the driver or owner of a regulated vehicle or the holder of an operating authority under which the vehicle is operated. OWNER means the person to whom state license plates for a vehicle have been issued or the person who leased the vehicle. PERSON means an individual, firm,partnership,corporation, sole proprietorship, govemment,association,company,or an agency,trust, partnership of two or more persons having a joint or common economic interest. PRE-ARRANGED means an appointment made by a regulated service with a passenger to provide service,that was initiated by a person co ntacling the regulated service by telephone, correspondence or other oral_wdtten or_e1ectronic-oFv*itten communication including mobile apli tions, 8 DRAFT Revised Q4j4GA4_Q5L9ZL2015 PREARRANGED SERVICE means a passenger transportation service operated for hire on a orearranged basis using limousines taxicabs or other vehicles authorized by the Administrator. REGULATED SERVICE means a taxicab or 4mevs44e-prqgyancLed service and includes, but is not limited to, a facility from which the service is operated, regulated vehicles used in the operation of the service, a driver,and a person who owns, controls, or operates the service. REGULATED VEHICLE means a taxicab or prearranged service vehicle#mawyine- RULES AND REGULA71ONS means the Ground Transportation rules and regulations established under Chapter 4, Ground Transportation Rules and Regulations, of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. SCHEDULE OF CHARGES means the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. SEATING CAPACITY means the number of passengers capable of being transported in a vehicle based upon the number of manufacturer installed seat belts,as required by law. SERVICE AREA means for prearranged serviceslin4owai44e, the area made up of the counties of Dallas,Tarrant, Southeast Denton and Southwest Collin;for taxicab service, the area made up of the counties of Dallas,Tarrant, Rockwall, Kaufman, Ellis, Johnson, Parker,Wise, Denton, and Collin. sapasity of 1 TAXICAB means a vehicle as approved by the Administrator,with a minimum of three doors and a seating capacity of not less than five nor more than eight, including the river, used to transport persons for hire that uses a taximeter or t6R Meter to compute a fare, and typically operates on irregular routes, irregular schedules, and on an on-demand or pre-arranged basis. 9 DRAFT Revised 0 14 05107/2015 TAXICAB SERVICE means a passenger transportation service operated for hire on an on-demand or pre-arranged basis that uses taxicabs in the operation of the service that includes a twenty-four hour, seven day per week dispatching system. TAXIMETER OR TRIP METER means a measuring device that mechanically or electronically computes a fare based upon the distance traveled,the time the vehicle is engaged, and any other basis for charges which are specified in the operating authority or rates authorized by the Administrator. TERMINAL AREAS means the roadways, parking lots,holding stands, and sidewalks servicing the arrival and departure areas of all Airport terminals and the Airport hotels. SEC.4-5. ESTABLISHMENT OF RULES AND REGULATIONS. (a)Before submitting a proposal to the Airport Board to adopt, amend or repeal 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 may be interested in the subject matter of the hearing. (b)After the Airport Board acts upon the proposal,the Administrator shall notify the holders and such other interested persons of the action and shall post a notice in the Airport Board Ground Transportation Regulation Office, for a minimum of ten days. The action shall become effective immediately upon approval by the Airport Board. SEC.4-6. ESTABLISHMENT OF PROCEDURES. The Administrator may by written order establish procedures not inconsistent with the Rules and Regulations,which the Administrator determines are necessary to discharge the Administrator's duty to implement the Rules and Regulations. ARTICLE II. OPERATING AUTHORITY. SEC.4-7. OPERATING AUTHORITY REQUIRED. (a) A person or owner shall not operate a regulated service or represent to a passenger that a regulated vehicle is available for hire at the Airport without 10 DRAFT Revised "/4W44k95." L2015 an approved operating authority issued by the Administrator,The Administrator may place conditions and/or limitations on the operating authority as determined necessary to effect the policy of this chapter. (b)A person or owner shall not transport a passenger for hire or solicit the transport of a passenger for hire by a regulated service at the Airport unless the person driving the vehicle,or another who employs or contracts with the person driving the vehicle, holds an approved operating authority issued under this chapter or through another form of pennission from the Administrator. (c)A person shall not engage or hire a regulated service vehicle is the person knows does not have an operating authority or another form of permission from the Administrator. (d)A holder's operating authority is not transferable. (a)An operating authority may be issued for a period not to exceed one year and shall expire annually on the date designated in the operating authority. SEC.48. INSURANCE. (a)-During the authorized period of operating authority,a holder shall procure and keep in full for automobile liability insurance that meets or exceeds the insurance requirements of 16S• Ayjn,wMch the.hoW.. _ _is a authorized.ad viOate4he FOMMW:Numibomd+L"�I+ (1)Insurance required under this section shall: NumbuiV RyW a,b,t;—+SUn at I MWWneftt Left as at 05- Indent at L M75" ail aWWafi�%-d-by-t-he-Gfty attw�thaR-Dagw, -r a satinqiGGeptab43 W4.hc-Gity-o f.... as 43f40w,Zky(,9-'-Fnrt-WoM1q-j w4 *Pva -", SG-, adl WO-ke-AdrAir-Ostratcm=w (b)jg)jnclude a cancellation rider under is the insurance company providing coverage is required to notify the Administrator in writing not fewer than thirty days before 22 DRAFT Revised 04/24/44_2��2�015� canceling,failing to renew or making a material change to the insurance policy; d- -e byname as additional insured the Airport Board and the Cities of Dallas and Fort Worth and their officers and employ 9 8 u a °s4e, d t y F 12 DRAFT Revised 04A24/415_Q��2�015� hl *Ae"-a4naM%PaPpfGV"4ay epeMW"-1UWRFi1y-. BEC 4-9. APPLICATION FOR ISSUANCE, RENEWAL,AMENDMENT OR TEMPORARY AMENDMENT OF OPERATING AUTHORITY To request issuance, renewal, amendment or temporary amendment of an operating authority, a person or holder shall submit a written application with any fees required in a manner established by the Administrator.The Administrator may request a person or holder to provide such information as the Administrator considers necessary for the implementation and enforcement of this chapter,for the protection of the public safety,or tom t any other local,state,or federal laws, rules,regulations, or guidelines. The applicant shall be the person who will own, control,or operate the proposed service. The applicant shall be authorized to operate as a regulated service in the City service-. (a)The Administrator shall establish: 13 DRAFT Revised 04A24AS_q��2�015� (1)qualifications and/or criteria for issuing regulated service operating authority-, (2) procedures for renewal of operating authority; (3)procedures for amending operating authority-1,-�, (4) (b)An applicant for taxicab operating authority shall: (2)L1 Lbe authorized to operate a taxicab or for hire tram ortatiora_service Fort Worth area and shall provide a copy of that cfty's_gggng!iD authority oe it. (c)An applicant for operating authority shall: 1 authorized to operate a 4Rwx+sOe.-_V[ggffanqed service- at city's o gratin au orit a it. 14 DRAFT Revised 04J49A4 2015 tr y MtOLThe Administrator shall deny issuance of a regulated service operating authority if: alln-oetemgninq4he a , ¢ rize m _ (2)L1-the applicant failed to comply with all requirements; fa)M_the applicant or any person holding an ownership interest in the application has n convicted twice, suspended twice, or convicted once and suspended once, of a violation of these Rules and Regulations within the preceding two years; 15 DRAFT Revised A 05/07/2015 {4)j3)_the applicant made a false statement as to a material matter in the application for operating authority; (6)oLthe applicant or any person holding an ownership interest in the application has been convicted of a city, state, or federal law that would reasonably tend to indicate that the applicant is not fit to perform a regulated service; or (6)j5)_the applicant has had a regulated service operating authority or driver permit revoked within a two-year period prior to the date of application. SEC.4-10. SUSPENSION AND REVOCATION OF OPERATING AUTHORITY. (a)The Administrator may suspend or revoke a regulated service operating authority if the Administrator determines that the holder has: (9)made a false statement as to a material matter in the application for issuance or renewal of the applicant's operating authority; (2)failed to comply with provisions of the Rules and Regulations,a lawful order,or a procedure established by the Administrator; (3)failed to comply with the terms and conditions set forth in the operating authority; (4) been convicted of a violation of another city,state or federal law or regulation which would reasonably tend to indicate lack of fitness of the holder to perform a regulated service;or (5) failed to pay all fees required by this chapter in a manner approved by the Administrator. (b)The Administrator may suspend a holder's operating authority for a period not to exceed sixty days.At the end of the suspension period,the holder may resume operating at the Airport after providing verification to the Administrator that the deficiency causing the suspension has been corrected by the holder. Failure to correct a deficiency within the time period established by the Administrator may result in revocation of a holder's operating authority. (c)A holder whose operating authority has been revoked shall not reapply for an operating authority before the expiration of twenty-four months from the date 16 AFT Revised 05107 `2015 of revocation or, in the case of an appeal,the date the appeal hearing officer affirms the revocation. SEC.4-11. APPEAL OF DENIAL,SUSPENSION OR REVOCATION. If the Administrator denies issuance, renewal, amendment,suspends,or revokes a regulated service operating authority, the action is final unless,within ten days from the date of receiving written notice of the action,the affected applicant or holder files an appeal in accordance with this chapter. SEC.4-12. FEES. (a)All regulated service fees shall be established in accordance with the Schedule of Charges. (b)Should a holder allow the payment of any fee required under this chapter to become delinquent, a late payment charge shall be collected in accordance with the Schedule of Charges and/or the holder's operating authority may be suspended or revoked. (c)All fees shall be paid in a manner established by the Administrator. (d)No refund of fees shall be made. SEC.4-13. ADVERTISEMENT OF REGULATED SERVICE. (a)A person commits an offense if the person advertises or causes to be advertised the Operation of a regulated service at the airport that does not have operating authority Granted under this chapter,when the advertisement is reasonably calculated to be seen by Persons seeking such service at the airport. (b) It is a defense to prosecution under SEC.4-13.(a)that the person was the publisher of the Advertising material and had no knowledge that the service was not permitted under this Chapter. SEC.4-14. HOLDER'S RECORDS AND REPORTS. (a)Each holder shall maintain at a single location such categories of its business records of its service as the Administrator may require. 17 DRAFT Revised 04/40A&_g���2015� (b)The method used in maintaining the records shall be approved by the Administrator,and the Administrator may require maintenance of certain records which the Administrator determines necessary for monitoring the activities, operations, service or safety record of a holder. (c) A holder shall maintain a record of the driver of each regulated service vehicle operated under the holders operating authority. The records shall include the name of each driver who has operated the regulated service vehicle and the dates and times of each driver's operation of the vehicle. (d)A holder shall make such records available for inspection by the Administrator or provide the Administrator with information contained in those records upon request. ARTICLE Ill. DRIVER PERMIT. SEC.4-15. DRIVER PERMIT REQUIRED. (a)A per-son shall not operate at the Airport without a valid driver pennit issued to by lthe CiA of Dallas or the Fort Worth. r: (b)A holder of an operating authority shall not allow a person to operate a vehicle with an Air o—rt authorization de at the Airport that is owned, controlled,or operated by the holder unless the person has a valid driver permit issued by the City of Dallas or the City of—Fort Worth. pder-� G"P LI'Ir-. (c) It is not a defense to prosecution that the person was operating a vehicle granted a certificate issued by the TX-DOT. DRAFT Revised 4,1 5 °• F4�- � F--� A 6 19 DRAFT Revised § � « y . . . . � . . . . . . �$ � ® . . / Ry$ a � � 2 ®I • 20 Revised DRAFT pass" e ' . . ' $ . 4 . . e " . ka 4 i ` y 4 &# . . « . . y . . . ! fefthe . . . . . . . a . . . 21 Revised DRAFT . . . . > $ . . . . . m . p ! A ' a . . o$ q . . . . 22 DRAFT Revised 04p4A4_g���2015� a GF— ►t and ° ° 1 23 DRAFT Revised 04/201"_Q��2�015� eigmemefA-, fs-w , aFmstee . , a4 . . . . . . ƒ u a . . . . . . g . . . . . . . . . . }�� m . :Not ay®« Adnrd . . . �. .. . e 24 DRAFT Revised 04P444-5 2015 . . rr-- exoeed- . . . § �7 . . . . . . SEC.4-21-116. DISPLAY OF PERMIT. While on duty,a driver shall«m/c� mulaydipa , ya the dn4rpermit m ammmr established by the Administrator. . . . e 25 DRAFT Revised G4A2GA4_Q5LQZL2015 (W-W—While on duty, a anver snau aiiow tree Administrator,Airport Board official, or a peace officer to examine the driver permit upon request. bj_A driver permit is invalid unless presented with a valid Texas Driver's License of the appropriate class. iens- - shaI14RGIUde- SEC.4-2417 SUSPENSION OF A DRIVER PERMIT-BY THE ADMINISfWATOR. (a)If the Administrator determines that a driver has failed to comply with any provision of the Rules and Regulations G,-4-4fiW,the Administrator may suspend the drivers authorizatl n to olDerate at the Air_ pen;*-for a definite period of time not to exceed six months. -s4ak-r�poRd4heA4ver We theAdmi feqbie�. 26 DRAFT Revised (r4jb_The Administrator shall notify the holder and the city in which the driver is 2ganitted a44ver4nAv##rKj-of a suspension of the driver pem*-updek�" SeGtkm-and include in the notice: (1)the reason for the suspension; (2)the date the suspension begins-, (3)the duration of the suspension,;� SEC.4-M B. REVOCATION OF A DRIVER4)E " , (a) The Administrator may revoke a dhver_s_aqt_hg:Ci __tg rate aLt _4glion operate_g .h:q Lirp2q-permit if the Administrator determines that the driver: (1)operated a regulated vehicle inside the Airport during a period in which the driver peA4*-was suspended d4V6FjWFAq4-,' WL2Loperated a regulated vehicle for a person not holding a valid operating authority; (4) Formatbed,Indent Left:..1.25", No bullcts or numbering (5)f3l—received either a suspension in excess of ten days 9F4-GewAefien within the twelve month period preceding the conduct,or three times within the twenty- four month period preceding the conduct; �6)L4Lengaged in conduct that could reasonably be determined to be detrimental to the public safety;or q4 L failed to submit payment of any regulated service fees as established in accordance with the Schedule of Charges and in a manner approved by the Administrator. 27 DRAFT Revised 04/24/4-5_q��2�01q (b) The Administrator shall notify the holder and the cit in which the j driver is_permitted s of a revocation of the driver and include in the notice: (1)the reason for the revocation; ( )the date the revocation begirds; and ip 1 r-I € ire ► ARTICLE IV,D MISCELLANEOUS HOLDER AND RIVER REGULATIONS. SEC.449119 HOLDEWS AND DRIVER'S DUTY TO COMPLY. 28 DRAFT������ Revised| �~~~�°=m-°� (a) 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 ofo regulated service. |tis not a defense to prosecution that the trip originated in another city. (b) A driver shall comply with the Rules and Regulations, other laws applicable hu the operation ofa motor vehicle in this State, lawful orders oythe Administrator,and orders issued by the holder employing or contracting with the driver in connection with the holder's discharge of the holder's duty under the holder's operating authority and the Rules and Regulations. |tia not a defense to prosecution that the trip originated in another city. (o) A holder and driver shall comply with the Compliance Program as established by the Administrator | SEC."02&. HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS. (a) A holder shall establish policy and take action bo discourage,prevent, or correct violations of the Rules and Regulations, procedures,and lawful orders bydhverswhoarwoperafingavmhidaunderthaho|der'sopenatingau1hoh!y. (b)A holder shall not allow a driver to operate a vehicle under the holder's operating authority if the holder knows or has reasonable cause bmsuspect that the driver has failed to comply wh1h the Rules and Regulations orother � applicable law, r the lawful orders ofthe Administratoc (c)All holders shall be responsible for training all drivers employed byor contracting wfth the holder in: FRAi f3)JaRu|es and Regu|mbons� and 29 DRAFT Revised 04A20A& 2015� p , -all procedures established by the Administrator regarding the operation of a regulated vehicle at the Airport, ° of- -` Formatted:Indent:Left: 0°5", No bullets or E$� numbering—, 30 DRAFT Revised / 7/2015 SEC.4.3-1.21, HOLDER'S SERVICE RESPONSIBILITIES. (a) A holder shall provide regulated service for passengers at the Airport in accordance with service levels and standards approved by the Administrator. (b)A holder shall cooperate with the Administrator in all phases of regulated service operations to provide prompt,efficient,and economical service and shall respond promptly to specific requests by the Administrator for regulated service during periods of shortage. (c) A holder shall respond to all customer complaints regarding Airport service within ten days from receipt of the complaint and advise the Administrator of any and all action taken in response to the complaint. (d)A holder shall provide each driver with any and all forms as required by this chapter.All forms are subject to approval by the Administrator. (e)The Administrator may establish procedures to monitor the regulated services at the Airport including, but not limited to the following: (1)condition of regulated vehicles; (2)constancy of service at the Airport; (3)adherence to all Rules and Regulations; (4) driver conduct; (5) passenger complaints;and (6) holding stand management. SEC.422. INFORMATION TO BE SUPPLIED UPON REQUEST OF THE ADMINISTRATOR. In addition to any other information required by this chapter,a holder shall submit to the Administrator,upon request,the following: (a)a current list of vehicles operating under the holder's operating authority; 6 1'Tr 31 DRAFT Revised 04/24AS_Q��2�015� ,(G)LtLthe names of the current officers, owners,and/or managers of the regulated service; and ftc)_any other information determined necessary for the effective control and collection of fees associated with of regulated service at the Airport. SEC.4-3323. FALSIFICATION AND NONTRANSFERABILITY OF AUTHORIZATION. (a)A driver permit, badge, decal,entry or dispatch ticket, emblem or any other item assigned to one person or vehicle is not transferable to another person, vehicle, or holder. A4m44W;atGr-- (at)A person, holder or driver commits an offense if the person,holder or driver: (1)forges,alters,or counterfeits a driver permit, badge, decal,entry or dispatch ticket, emblem drip or any other Rem required by the Rules and Regulations or other applicable law; (2) possesses a forged, altered, or counterfeited driver permit, badge, decal, entry or dispatch ticket, emblem or any other item required by the Rules and Regulations or other applicable lavr, or (3)possesses more than one d i permit, badge,decal,entry or dispatch ticket, emblem or any other item required by the Rules and Regulations or other applicable law, unless authorized by the Administrator. ARTICLE V. GERNERAL SERVICE RULES AND REGULATIONS. SEC.4-3424, REGULATIONS FOR USE OF HOLDING STANDS. 32 FT Revised 05/07/2015 (a)A vehicle is unauthorized on a holding stand if the vehicle is not equipped with a decal issued by the Administrator. (b) A vehicle on a holding stand without authorization from the Administrator may be removed from the holding stand and impounded with all towing and storage fees to be paid by the vehicle owner. (c) While on duty at the Airport, a driver shall queue only on designated holding stands as authorized by the Administrator. (d)While using a designated holding stand,a driver shall not: (1) leave the vehicle except to provide such assistance to a passenger as is reasonably necessary after being engaged,provided the driver remains within the designated holding stand, unless otherwise authorized by the Administrator, or (2)perform or allow to be performed repairs or maintenance on the vehicle. (e)A driver shall not utilize the holding stand while off duty. (f)A driver shall: (1)remain at a designated holding stand only long enough to load or discharge passengers and then expeditiously progress to the next holding stand, as authorized by the Administrator,or exit the Airport; and (2)enter a holding stand only at those times authorized by the Administrator. SEC.4-3625. LOADING AND DISCHARGING OF PASSENGERS. (a)A driver may transport only a person who is a paying passenger, unless the person is an employee of the holder that employs or contracts with the driver and has received approval from the Administrator to be in the regulated vehicle or the person is a governmental inspector acting in an official capacity. (b)A driver may not transport at the same time a number of passengers exceeding the designated seating capacity of a regulated vehicle. 33 DRAFT Revised G4AQA&_QVQ2L2015 (c)A driver shall load passengers and baggage into a regulated vehicle only at designated holding stands. (d)A driver shall discharge passengers in a manner authorized by the Administrator. SEC.44626. PRE-ARRANGED TRIP INFORMATION. When entering the terminal areas other than an approved holding stand, a driver operating on a pre-arranged basis shall possess and present to the administrator on request,written,-_electronic-or mobile agplication documentation indicating the following information: (a)If documentation is written or electronic: FormatbBd:Numbered+Level;I+ Numbering Style:a,b,c_.+Start at:I+ Alignment:Left+Aligned at: 0.5"+Indent au (ayname of the customer, 0.75" Formatbad:Numbered+Level:1 Qlflight information as requested by the administrator; and Numbering Style:1,2,3,...+Startat:1+ Alignment:Left+Aligned at: 1"+Indent at M-1Qc--at-1o[Lkf RLc&w-.10--1nc1udq-t.@m1mL@nd—curb locatim 1.25" Q- ber (b) If documentation is contained in a mobile gpplicati[orr. N® or num ing Fonivelbecl:Numbered+Level:I+ (1) name of the customer: and Numbering Style:a,b,c_,+Start at;2+ (2) location or pick-up to include terminal and curb location. Alignment:Left+Aligned at: 0.5"+Indent at: o.75- Fornotted.Numbered+ffi Level:I+ Numbering Style:1,2,3,...+SUrt at,I+ Alian7rt:Left+Aligned at: I"+indent at: SEC. 27. CRUISING. Formattmd: No bullets or numbering Formatte&Indent:Left: I", No bulgy or A person commits an offense if the person engages in cruising at the Airport. It is numbering a defense to prosecution if a driver: (a)has a passenger to be discharged at the terminal or hotel; (b)has trip authorization by the Administrator; (c) is in the process of leaving the Airport by the most direct route', or (d)is in the process of driving to the central queue by the most direct route. SEC.44928. SOLICITATION OF PASSENGERS. (a)A person commits an offense if the person: 34 DRAFT Revised 0442414-6 (1)solicits or attempts to solicit passengers; or (2)accepts payment from a driver, holder,or person in return for giving preferential treatment in directing passengers to the drivers or holders regulated service. (b) It is a defense to prosecution for a violation of this subsection if the owner of the regulated service has made a contractual agreement or other prior arrangement with the management of the other business and has been approved by the Administrator. SEC.44029. CONDUCT OF DRIVER. A driver shall: (a)act in a reasonable, prudent and courteous manner; (b)maintain a sanitary and well-groomed appearance4A-oGmpkanGe-wkh-SEC,,-4- 460+04); ��nmatted�Nufftamd-o-ILeM�2 Numbs"St&a,b,C,_+Stgrt OV 1+ A19nmerr.Left+AiVW at 0.5"+Bdart at o. 7Y (.d)Lqj_not consume, possess or be under the influence of (1)any alcoholic beverage; (2)any controlled substance;or (3)any substance that could adversely affect the driver's ability to operate a motor vehicle; not monitor or possess equipment to monitor transmissions of a regulated Forre^"W�Numbered+Lwwfo I+ Numborkig gyb�a,b,r,...+Start at.4+ service other than the holder under whose operating authority the driver is AlIgnmart.,Left+Nbied at 1511+Mont at operating; not interfere with the Administrator in the performance of the Fo... tbad:Numbered+Level:I+ ring e:a,b,q �+ rt at:4+SbA Sta Admini Z strator's duties; Ni t:Left+Algred at: 0.5-+IrAem at: US" IS)M not gather,congregate, or otherwise obstruct entrances or passageways Formatted:Numbered+I.Evel:I+ of any terminal, hotel,Airport building, holding stand,or Airport roadway in a Numbeft Style:a,b,r, -+Start at 4+ Alignment:Left+ANgred& O.S, Went at. manner that impedes the movement of a person or vehicle; 35 DRAFT Revised .ks 07L ly with lawful orders of the Administrator issued in the performance " os•+ �r: of the ministrator's duties; b + at 4+ Alignment,Laft+Aligned at:075' h not deposit an bottle, can trash,debris, junk food or other object around-- Numbered p Y junk, 1 Numbering meU®d e:a,b, ..Level:sr+ m at: M75" __..... + receptacle; any ding stand, building or Airport roadway except m an authorized trash �I s� sq�� a b�, ,"+��car + p i not file a false report or make a false statement to the Administrator;and - ro>rnucied:Numbered+" � .I+ Numbering k:a,b,c,...+Start at:4+ Allgnmert: +Aligned at: ®..5®+Indent at Nfil—not allow another person to drive or operate a regulated vehicle assigned ^^ o. to the driver unless such a person has authori tion fro the Administrator to rwmatted:Numbered+ :1+ operate under the holder's operating authority which the vehicle i regulated Hum :a,b,c,...+ n at:4+ ignmem L&and the person has written authority from the holder, ® s- +� ®°s'+in ta` SEC.44030. RETURN OF PASSENGER'S PROPERTY. Upon finding property in a regulated vehicle left by a passenger,the driver shall comply with the procedures established for lost property by the Administrator. SEC.44431. NOT-FOR-HIRE STATUS OF VEHICLES. (a) Each regulated vehicle operated on the Airport is presumed to be on duty and ready to serve the general public for hire. (b)The Administrator shall establish a procedure hereby a driver will indicate that the driver and the driver's vehicle are not for hire. If a driver is off-duty and does not intend to provide regulated service at the Airport,the driver shall comply with the procedure established by the Administrator. (c)A driver who is not for hire shall not queue a vehicle on or within five hundred feet of a holding stand or along or in the one-hour parking zones of the Airport roadways and parking lots unless authorized by the Administrator. SEC.44232. TAXICAB SERVICE. -Ttie- d.. l. 36 DRAFT Revised 04/24/44_Q���2015� 1,21, Eaek d0yef mquest-. Lab)Representabon of Availability of Taxicab (1)A driver may not represent that the taxicab is engaged when in fact it is not engaged. (2)A driver may not represent that the taxicab is not engaged when in fact it is engaged. tj_Refusal to Transport Passengers While operating a taxicab,a driver shall not refuse to transport a person who requests service unless: (1)the person is disorderly; (2)the driver is engaged in answering a previous request for service; (3)the driver has reason to believe that the person is engaged in unlawful conduct; or (4)the driver is in fear of the driver's personal safety. ac *yTransport Passengers by Direct Route Formatb3d:Numbered+Level:I+ Numbering Style:a,b,c,—+Start at;2+ Alignment:Left+Aligned at: 0.5'+Indent at: A taxicab driver shall transport a passenger to the passenger's destination 0.75" by the most direct and expeditious route available unless otherwise directed by the passenger. Holding Stands Designated for Taxicabs g Formatted:Numbered+Level:I+ I Numbering Style:a,b,c,...+Stan at:2+ 1 Alignment:Left+Aligned at: 0.5"+Indent at: In addition to the regulations for use of holding stands, a driver shall not: i 0.75' (1)interfere with the orderly progression of taxicabs from the rear to the front of any holding stand; 37 DRAFT Revised 04/24A& Q712015 (2)assign or sell the driver's position in a holding stand to another; (3) interfere with a taxicab entering a holdings n on which there is a vacant space;or (4)engage a passenger without first progressing through the holding stand in a manner established by the Administrator unless otherwise instructed to do so by the Administrator. SEC.44333, UMOUSM-E-PREARRANGED SERVICE. Pre-arranged Service (a)All pLg@ffanqed e-service shall be operated on a pre-arranged basis. All arrangements for Drearranged fGF44ra"ne-service shall be made prior to the regulated vehicle entering into the terminal area or approvej holding stands of the Airport. (b)A driver furnishing R!ggEgngtq4R4Gw*ie service shall not accept any passenger at the Airport except those for whom service has been pre- arranged and documented. M1 ipa,Mes-shalt-pfGvkle� ARTICLE VI. FARES. SEC.-444.--RATE4�OF-F-ARE—FOR-L4MOUS4NE-w &AhOF4- 38 DRAFT Revised 04J24A&_q���2015� a o WGGA-a4egRate-fe4Deipt4hat4ndio�e4i��, d&ess-aAd-ph9Re4n4RW SEC.4-"34. RATES OF FARE FOR TAXICAB. (a)A driver, holder,or owner shall not quote, request,or charge a fare for operating a taxicab at the Airport that is inconsistent with the rates authortzed by the pity ira ich they are_MrMi- �Led sGuthra��' RUe-on-4he-we-st-. (b)The driver, holder,or owner shall display the approved Airport rates of fare and any authorized incentive fares on and/or within a taxicab in a manner prescribed by the Administrator. 39 DRAFT Revised G414Q144_QqLQ2 2015 (c)A driver, holder,or owner shall charge only a fare as computed by the taximeter 2[trip_meter unless otherwise authorized by this section. (d)A taximeter or trip meter shall be activated at all times while transporting a passenger. aPd SEC.4-.-46-.35 FARE COLLECTION PROCEDURES FOR TAXICABS. (a) Before changing the taximeter or trig-Meter to indicate that the taxicab is vacant,a driver shall call the attention of the passenger to the amount of fare registered on the taximeter or trip meter (b)Upon request by a person paying a fare, a driver shall give the person a legible receipt showing: (1)the name of the holder under whose authority the taxicab is operated; (2)the taxicab number; (3)the itemized list of charges; (4)the total amount of fare paid; (5)the date of payment; (6)the driver's skjAatu-Fe..Eame;and (7)the driver permit number. The receipt maybe submitted to the saver electronically if the p era reel to accept n electronic re ipt. 40 DRAFT Revised 04A24A4 2015 _Q5L9jL_ rarmatbEd:Indent:Left: 0.75' S 4.36® RATES OF FARE FOR PREARRANGED SERVICES. LaJA driver or holder all not ctgLrq Ig a 2[tgrran 4 4L'S r 1 e .--e v c at t Ider's 9R9M=A9i2dbL A holder desirin tc amend the holder's� eratin authori to effect a Khan � in the a roved rates of fare shall submi#a written re asst to the Administrator. fg�e rates listed�inthe holder's�oerabnggtgrit shall e strict) adhered tc and no ql y &EiEZE d The�4drzrinist atcr a re airs a holder t®die la rates in a rearran ed service vehicle jnA_meaner R[tjg[j�ed by the Administrate�r, fg�lJpon request a pgagn raying_g_fore, arson a le ile recei t the#indica#es the name address end hone number of the rel�ulated service and the amours#of fare. ARTICLE Vil. REGULATED VEHICLE STANDARDS AND INSPECTION. SM 4-4737. STANDARDS. (a)M taxicabs serving the Airport shall comply vAth GAy-af-ga4ao-taxicab standards concerning condition, age, equipment, signs,and markings as deterMi et�hit i�suin t�ao er�finut�oh aR4 41 DRAFT Revised to Ilt e�5 R 0 NuffWirg :a,b, .....+ .2+ 0. The Administrator may establish standards concerning safety, condition, age, size,emissions; manufacturees suggested retail price,appearance, equipment,signs,and markings for vehicles operated in regulated service. 1.2V, No bu�kpts or ( •�" seal ball: xi 4 tl74,8N tlV .........._..._ ___..... _. SEC.44838. INSPECTION. �.w...._._.__ . a The holder of a regulated service operating authority shall maintain all tl :u s �.�mins�.»+ ,��_+ regulated vehicles u in a service n a a L _ iLeft+AJ1qnW at, a.s°,�Mwt at m I and and ro e e enor an i err rare clean and aoorc�ye r nevr b Il liken it egtl� a st ndard I-01Y ...._.___.__._W the City u s%uingjh2Spg y4pg uthortty. t era (b)A holder shall have each vehicle to be used in a regulated service authorized - ftnzaVM:s A« and inspected! r by Ih e is i tllro u a,b°r,.,°+° ::14� +/d4yW or s, °+ u on aro: may sat , t" °ea-ra a •a- Ile ••all4 s . 2 DRAFT Revised 04/40AS QZL _22L 2015 (1)A holder,owner, or driver shall make a regulated vehicle available for inspection when ordered by the Administrator. (2)if a holder,owner,or driver fails to make a regulated vehicle available for inspection or if the Administrator determines that a regulated vehicle is not in compliance with the Rules and Regulations,the Administrator may order the regulated vehicle removed from service until it is made available for inspection and/or brought into compliance. �pW#wco4 oAhe4nspeGfiGA-. FannxnW.Numbered 4 L&M;1.4- %xr6wtg.WW.a,b,r.-,4-%ft atl+ AWmm-t Left+Aftned at MY Met at:: ------------------- 10 rarnwMadig Numbared+L&M�1 der4he WAmnbm1qg.%*.,a,lt,r,....+Stiat at:14. Argnnwt:Lffft 4 Abwmd at. 0.5-+kWM at *YA-hel ing F*nnWftd:Nimtsmd+Lod:I NumbwfM SWW:a,b,r,-,+start at-I #Wt4R4"VWedVOWG"4peFa"-OAdeF4heAddeft4p9m4ng4Whe*-we AUgnma-&Ldt 4 AIWW @V OZ'S kKkit at *jgj_The Administrator may order a regulated vehicle be removed from service n-u--M W-'N—Mffdmmd+ any time the regulated vehicle falls below standards established by the Numbeeft Slyk.,a,b,q....+Start at I+ Administrator and or the fit of QNL or the.a.ty o F g AlWnxt�Uft*-Nowd aft 04'1-UW*M ft• 0.7-4 + Muffdwto Styk;a,b,c,...+Slart at.,I+ AlWwneft[Aft+ftmd at 0..5'+UKkit W -----------—------ #4fd LThe holder or owner shall notify the Administrator of any regulated vehicle rormatted-,IM umbemd*-IL";I a StN removed from service under the holder's operating authority, and shall be Humbar ,l�,r,,...+ t .+Auunnwt st� 0.5-+Ddwd at responsible for removing from the vehicle any decals that would distinguish 0.75' the vehicle as a regulated vehicle. SEC.44039. FALSE REPRESENTATION. 43 �� | ��"°A" " Revusenm K/40A4 05/07/2015 A person commits am offense if the person. (a)represents that vehicle iso regulated vehicle if the vehicle is not imfact a regulated vehicle authorized ho operate et the Airport;or (b)operates a vehicle at the Airport that is not a regulated vehicle if the vehicle is marked,painted,advertised, or equipped ina way that|m likely to result in mistaking the vehicle for o regulated vehicle. SEC.4-WO. DECALS. (a)The holder, wne I f each regulated vehicle shall obtain from the | Administrator,after / ~...0 ..~'~~.~..~..authorization decal.indicating the vehicle's authority tooperate at the Airport The decal shall be attached ho each vehicle ina manner and location approved&y the Administrator.The decal isthe property of the Airport,The fee for s decal shall be charged in accordance with the Schedule ofCharges. (b)The Administrator the standards established by the City in which they,are authorized for appearance,condition,age, safety,or equipment.The fee for reissuance of a decal which has been removed, lost,or stolen shall be established in accordance with the Schedule ofCharges, (c)A peF&eA-_hp8der commits am offense if a vehicle operated under its opgEgtinq | (1) -,enae-u regulated vehic|eattheAiqportvvithanexpinsdf8ml� � (2) operates a regulated vehicle with no decal affixed to it, except for the sole purpose of terminating a trip that lawfully originated outside the Airport; 0>attaches u decal boa vehicle not authorized hooperate as regulated vehicle a8 the Airport; (4)queues aveMicJeona designated holding stand as authorized bythe Administr-ator with on expired decal or with oo decal affixed toit; (5)interferes with the Administrator in the removal ofadecal; 44 DRAFT Revised 94A201U.,95LO 7 12015 (6)covers,conceals or attempts to cover or conceal a decal; (7)forges,alters,or counterfeits a decal required by this chapter;or (8)possesses a forged, altered,or counterfeited decal required by this chapter. SEC.444M. EQUIPMENT. (a)It is the responsibility of the holder-,-owneF-, 9ndkx-4Aver-cf a regulated vehicle to ascertain the following equipment Is in,on, and/or operable for each regulated vehicle operated: (4*aa4wQ9ndWGAeF-, feaGhi- 0)4wAepeo444ASUFaRGO-4Mdef-SFC-44�-,, Mdecal(s)required by this chapter, --indwwt Uft 2aa Irmanbaft Ay&ftej @gUh2l�� the Gi�f Q@Iln 9 (6)QLany other equipment required to comply with all federal and state motor vehicle laws; (Z)k4l-any other special equipment that the Administrator determines to be necessary,and aall regulated vehicles shall accept all major credit cards as prescribed by the Airport Board unless exempted by the Administrator 1rfJ_rt,-,yrent g olp i .0 W t bkdAY-O or 4 1—ri v-qL i PYI L me--A,§P J r e.1.9 v-4 Ltc�L 4 P!R ms-s i n q Mirneglod that einevyAs 9mamaLgams 1—transactlan—fair a-23—rovalL 45 DRAFT Revised 04/24/44 Q��2�01 (b)All regulated vehicles and all equipment in the regulated vehicles shall comply with all applicable federal and state motor vehicle safety standards. (c)A regulated vehicle may not be salvaged or reconditioned. (d)All temporary regulated vehicles shall comply with the requirements of this section and any other standards established by the Administrator. SEC.4-624Z TAXICAB EQUIPMENT. Unless otherwise specified in the operating authority under which a taxicab is operated and in addition to other equipment required by the Rules and Regulations, a holder,owner,or driver shall provide and maintain in good operating condition the following equipment for each taxicab: (a)seat belts for each passenger,the number of which is determined by the designated seating capacity; (b)a taximeter_2LI&mqt1gr, (c)equipment to indicate when a taxicab is operating for hire and when it is not for hire; (d)a top light; -*"he-AkpoA-seMGS4Fe9V, (4)Lq)_a driver identification permit holder in a location as established by the Numbered+Leid:I+ Rumberft St*:a,b,c_-+SWt at;5 Administrator,and Alownent:Left+Mkjned at: 05'+In�:t at: 0.75• a personalized rate sheet,as approved by the Administrator,displayed in Fr :Ntim bered+ .......... oinat a location as established by the Administrator, Numbering Ryle:a,b,r......+Ran at 5+ ANgnmant:Left+M ar 0.5"+Indent at SEC.4433. TAXIMETER. (a)a taximeter shall accurately register in legible figures total miles, paid miles, Foruaftodr iii umboad+LaW:I+ Nuyr*Wlllg SWO:a,b,q—+Start e.1+ number of fare units, number of trips, extras,and total fare for a trip. Figures lj*+MWdd at 0.5'+blient at tA denoting the fare shall be illuminated when the taximeter is activated.The ........-------- taximeter shall be permanently mounted in a conspicuous location approved by the Administrator; (b)a taximeter shall be equipped to indicate whether the taxicab is engaged or ..- PbrmMak Numbered 4-LeM,.I+ Na mbealng Wet a,b,c,—+SWrt&a+ vacant with a tamper-proof system connecting the taximeter to a light on top AkMmwk I.Rft+Algned W 0.51+Indent at 46 DRAFT Revised 05/07/2015 of the taxicab that,when lighted, is visible from all directions.The system shall be designed so that the light is automatically illuminated while the taximeter is registering a fare; (c) if the taximeter employs a flag,the flag shall project above the dashboard so Format:Numbered+Level:I+ as to be easily seen from outside the taxicab when in the non-earning Numbering style:a,b,q...+stare at:I+ position; Alignment;Left+Aligned at: 0.5"+Ind"at: (d)the taximeter or its driver system shall be sealed at all points at which FarmaMad:Numbered+Level:I+ components, if manipulated,could affect the function or accuracy of the Numbering Style:a,b,q...+Start at I+ Alignment:Left+Aligned at: 0.5"+Indent at: taximeter; 0.75' (e)the design of a taximeter is subject to approval by the Administrator to assure that it complies with this section; (f) each taximeter shall be maintained in good operating condition and be tested and sealed at least once each year in a manner approved by the Administrator to assure compliance with weights and measures laws; (g)the Administrator may order a taximeter to be tested at any time,and a holder, owner,or driver of a taxicab shall make the taxicab available for taximeter testing when so ordered; (h)the holder, owner,or driver of a taxicab shall be responsible for paying the cost of testing a taximeter; (i) a person commits an offense if the person operates a taxicab that is: (1)not equipped with a taximeter or trip meter;or (2)equipped with a taximeter or trip meter that: app--A k-1-ke AdminisVatefi %ahas been tampered with or altered; or �c4jtLincorrectly registers or computes taxicab fares because of alterations to the taxicab odometer, including, but not limited to, changes in the gears, tires, or wheels of the taxicab, ARTICLE VIII. 47 DRAFT Revised 44j2Qj!5 05/07/2015 ENFORCEMENT. SEC.4-6444. AUTHORITY TO INSPECT. The Administrator may inspect a regulated service operating at the Airport to determine whether the service complies with the Rules and Regulations or other applicable laws. SEC.4-6645. REMOVAL OF EVIDENCE OF AUTHORIZATION. When a holder's operating authority or a driver permit is suspended, revoked, or denied or whenever a vehicle fails to pass inspection,the Administrator may remove or require the surrender of all evidence of authorization as a holder, driver,or regulated vehicle including,but not limited to,removal or surrender of operating authority, driver permits,decals, signs, insignia, radios,top lights, and/or taximeters. SEC,4-6646. ASSISTANCE BY DEPARTMENT OF PUBLIC SAFETY. (a) Upon specific request of the Administrator,officers of the Department of Public Safety may assist the Administrator in the enforcement of the Rules and Regulations. (b)A Department of Public Safety officer,upon observing a violation of this chapter or the procedures established by the Administrator, may take necessary enforcement action. SEC.4-5747. CORRECTION ORDER. (a) If the Administrator determines that a holder is in violation of the terms of the holder's operating authority,the Rules and Regulations, a procedure established by the Administrator,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. (b)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 48 DRAFT Revised ., 05/07/2015 Administrator shall promptly take or cause to be taken such action the Administrator considers necessary to enforce the order immediately. (c)The Administrator shall include in a correction order issued under this section: (1) identification of the violation; (2) the date of issuance of the correction order; (3) the time period within which the violation shall be corrected; (4) a warning that failure to comply with the correction order may result in suspension or revocation of operating authority,imposition of a fine, or both;and (5) a statement indicating that the correction order may be appealed to the CEO. SEC.4-5848. SERVICE OF NOTICE. (a)A holder shall designate and maintain a representative to: (1) receive service of notice required under the Rules and Regulations to be given a holder, and (2) serve notice required under the Rules and Regulations to be given a driver employed by or contracting with a holder. (b)Notice required under the Rules and Regulations shall be given in the following manner: (1)a holder shall be personally served with the notice in a manner established by the Administrator, including but not limited to, serving holder's designated representative or by certified United States mail, five-day return receipt requested, to the holder's designated representative; or (2)a driver operating under a holder's operating authority shall be personally served by the Administrator, including but not limited to, serving holder's designated representative for the driver by certified United States mail, five-day return receipt requested. 49 DRAFT Revised Q4A14A4-Q5LQZL2015 (c) A person operating in violation of these Rules and Regulations,other than a driver or holder permitted under this chapter, may be personally served by the Administrator or by certified United States mail, five-day return receipt requested. (d)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. SEC.4-W9, APPEALS. Formatbul:Indent Left: 0.75' (G)(a) If the Administrator denies issuance or renewal of operating authority, suspends or revokes operating authority, or issues a correction order,the action is final unless,within ten 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 CEO specifying the reasons for the appeal. (OkW—The CEO shall establish an appeal hearing procedure that will give the appealing party an opportunity to present evidence and make argument.The formal rules of evidence do not apply to an appeal hearing under this section, and the ruling shall be based on a preponderance of evidence presented at the hearing. Admin-�, 50 AFT Revised 4A2014-5 05107/2015 (4) The decision rendered through the appeal hearing procedure is final. SEC.4-W50. CRIMINAL OFFENSES. (a)A person commits an offense if the person violates or attempts to violate a provision of this chapter applicable to the person.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 time an offense occurs.An offense committed under this chapter is punishable by imposition of a fine not to exceed the maximum allowable by law. (b) Prosecution for an offense under SEC.4-6450„(a)does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. SEC.46451. ADMINISTRATIVE FINES. (a)The Administrator or CEO shall have the authority to levy an administrative fine against a holder,or owner er-df+ver-who violates any provision of the Rules and Regulations. (b)The fines shall be established in accordance with the Schedule of Charges, as amended. (c) Delinquent or past due fines shall be cause for the Administrator or CEO 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. 51 City of Fort Worth, Texas Mayor and Council Communication ION: Approved can 619/2015 - Ordinance No. 21775-06-2 DATE: Tuesday„ June 09, 2015 REFERENCE NO.: G-16496 LOG NAME: 12DFWW RULES AND REDS CH. SUBJECT: Adopt Ordinance Approving Dallas/Fort Worth International Airport Board Resolution No. 2015-05-074, Amending Chapter 4 of the Code of l s and Regulations oft the Dallas/Fort Worth International Airport Board Concerning Taxicabs and Prearranged Service Vehicles (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving Dallas/Fort Worth International Airport Board Resolution No. 2015 05-074, which amends Chapter 4 of uI s and Regulations of the Dallas/Fort Worth International Airport Board by requiring that transportation for hire operators„ drivers and vehicles comply with the standards of either the City of Fort Worth or the City of Dallas and by revising sections regulating limousines to include additional prearranged service vehicles. DISCUSSION: Both tt law and the 1968 Contract and Agreement between the Cities of o Worth and Dallas require that any amendments tot the Code of ules and Regulations of the Dallas/Fort Worth International Airport Board (DFWV Rules and Regulations) must be approved by the City Councils of both Fort Worth and Dallas. The Dallas/Fort Worth International Airport Board (DFWW Board) is requesting that the Fort Worth City Council and the Dallas City Council approve proposed changes to Chapter 4 of the DFW Rules and Regulations. Chapter 4 relates to ground transportation, including regulations pertaining to taxicabs„ limousines and other prearranged service providers. Since Fort Worth and Dallas have different regulations and standards governing transportation for hire operators, drivers and vehicles, the DFW Board proposes amending the DFW Rules and Regulations to require all transportation for hire operators and drivers at Dallas/Fort Worth International Airport (DF to obtain a permit from either the City of Fort Worth or the City of Dallas. Furthermore„ the proposed change will require any transportation for hire vehicle serving DFW to comply with either the City of Dallas or the City of o Worth's standards concerning condition, age, equipment„ signs and markings. DFW will cease to issue its own independent permits. Additionally„ the proposed changes will amend sections of Chapter 4 of the DFW Rules and Regulations regulating limousines to include a broader range of vehicles to create a new category of transportation for hire, which will be reclassified as prearranged service. This new classification will include traditional limousines as well as transportation network companies. DFW BOARD AND DALLAS CITY COUNCIL APPROVAL: At its meeting on May 7, 2015, Board unanimously adopted DFW Board Resolution No. 2015 05-074 and recommended that the Resolution be submitted to the Cities of Fort Worth and Dallas for their approval. The Dallas City Council voted to approve the amendments contained in DFW Board Resolution No. 015-05-074 at its May 27, Lognarne: 12DFW RLIL,ES AND t2.lti,f S CH. 4 Page 1 of 2015 meeting. FISCAL INFORMATION CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO F u n d/A cc.ou n1uICO enters FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Sarah Fullenwider (8006) Additional Information Contact: Paige Mebane (7618) Logname: 12DI'W RULES ANf) REGS C . 4 Page 2 of 2