23.03 - All Commercial Ground Transportation Service Vehicles, Operators and Drivers

23.03. All Commercial Ground Transportation Service Vehicles, Operators and Drivers

(1) Approval to Operate.

(a) Each Operator shall, at his own expense and prior to engaging in Commercial Ground Transportation Services, obtain from federal, state, municipal or other governmental authorities as may have jurisdiction, all licenses, permits, consents, approvals, and other authorizations, which are necessary for conducting Commercial Ground Transportation Service to, at, within or from Logan Airport. The licenses, permits, consents, approvals and authorizations shall be in the possession of the Driver of the aforesaid Vehicles or in the Vehicles in some easily accessible place; and evidence thereof shall be placed on file with the Authority, or at such other place that the Authority may designate or require.

(b) Except as provided in 740 CMR 23.04, 740 CMR 23.05(1)(b), 740 CMR 23.08(1)(b) and 740 CMR 23.09(1)(b), no Operator or Driver shall engage in Commercial Ground Transportation Services except as authorized pursuant to a current and valid Operating Agreement.

(c) Upon execution of the Operating Agreement, each Operator shall obtain, from the Authority, a Vehicle Permit and other Vehicle identification, as determined by the Authority, for each Commercial Ground Transportation Service Vehicle covered by the Operating Agreement. No Operator shall transfer the Vehicle Permit or other Vehicle identification from one Commercial Ground Transportation Service Vehicle to another. Each Operator shall affix the Vehicle Permit and other Vehicle identification, as determined by the Authority, to each Commercial Ground Transportation Service Vehicle, so that it is clearly visible from the exterior for examination by a Police Officer or authorized representative of the Authority.

(d) No Operator or Driver shall operate, or have operated a Commercial Ground Transportation Service Vehicle without paying the charges, fees or Base Rates, as established by the Authority in its sole discretion, for all Commercial Ground Transportation Service Vehicles, except as provided in 740 CMR 23.08(1)(b) and 740 CMR 23.09(1)(b). The Base Rate payable for each Trip by a Commercial Ground Transportation Service Vehicle that is an Alternative Fuel Vehicle may be reduced by such percentage as the Authority shall determine from time-to-time.

(e) The Authority shall notify the public of all charges, fees or Base Rates adopted by the Authority for conducting Commercial Ground Transportation Services, at least 30 days prior to the implementation of such charges, fees or Base Rates, by:

1. publishing a notice of such charges, fees or Base Rates once a week for three consecutive weeks in no fewer than two newspapers having state-wide circulation in the State of Massachusetts;

2. delivering or mailing a copy of the notice of such charges, fees or Base Rates to the last known address of each Operator known to the Authority;

3. delivering or mailing a copy of such notice to the last known address of any person or group who has filed a written request with the Authority for notice of Authority rule making hearings, such request to be renewed annually in December; and

4. filing a copy of the notice of such charges, fees or Base Rates with the Office of the Secretary of State.

(2) General Operation Requirements.

(a) Each Commercial Ground Transportation Service Vehicle must display, on its exterior in plain view, the name or trade name of the proper owner of the Vehicle as required by local, state or federal regulations and 740 CMR 23.00et seq.

(b) No Driver shall exceed posted or reasonable speeds when proceeding to the designated Commercial Vehicle Stands, Boston Taxicab Pool Area, or Long Term Waiting Areas. No Driver shall park in such a manner as to interfere with Vehicle or pedestrian traffic at any location on Logan Airport.

(c) While in position in a designated Commercial Vehicle Stand, no Driver shall enter or occupy any other Commercial Ground Transportation Service Vehicle.

(d) No Operator or Driver shall refuse to carry any person requesting service as a passenger unless such person is disorderly or presents a clear danger to public safety.

(e) No Operator or Driver shall refuse service or discriminate in the provision of service to any passenger or prospective passenger on the basis of race, color, religion, sex, ancestry, national origin, age, sexual orientation, or disability. Each Operator and each Driver, where applicable, shall comply with the nondiscrimination transportation provisions of Title II and Title III of the Americans with Disabilities Act of 1990. 42 U.S.C. ยงยง 12141, 12181.

(f) No Operator or Driver shall refuse service or discriminate in the provision of service to any passenger or prospective passenger on the basis of destination except as provided in 740 CMR 23.05(2)(d), 740 CMR 23.06(2)(c) and (d), 740 CMR 23.07(2)(c) and (d). However, if an Operator or Driver is providing a scheduled service in accordance with a schedule filed with the Authority, he may accept passengers for destinations in accordance with his schedule.

(g) After delivering passengers, and before leaving Logan Airport, each Driver shall search his Commercial Ground Transportation Service Vehicle for any items which may have been left therein and immediately take any items found to the office of the Massachusetts State Police at Logan Airport.

(h) Each Operator shall keep records of all Trips made by its Commercial Ground Transportation

Service Vehicles to, at, within or from Logan Airport for a period of one year. If a longer period is required by local, state or federal authorities, each Operator shall maintain the records in accordance with those regulations. Each Operator shall make the records available to the Authority upon its written request.

(i) While operating a Commercial Ground Transportation Service Vehicle, each Driver shall be suitably dressed, neat and clean in appearance, shall conduct himself in an orderly manner and shall, at all times, abide by the laws of Massachusetts with respect to driving under the influence of alcohol or other controlled substances.

(j) Each Driver shall have in his possession, at all times, while operating a Commercial Ground Transportation Service Vehicle, a copy of 740 CMR 23.00et seq., which he shall provide to a passenger upon request. Copies of 740 CMR 23.00et seq., will be available at the Authority's office of the Ground Transportation Unit.

(k) Except in an emergency, or as permitted by a Police Officer or an authorized representative of the Authority, or on leased premises where the lease agreement specifically provides for automobile repair, no Operator or Driver shall repair, cause or permit any other person to repair his Commercial Ground Transportation Service Vehicle while within the boundaries of Logan Airport.

(l) No Operator or Driver shall give or offer a Ground Transportation Manager, Ground Transportation Agent, Hackney Officer, or Police Officer a tip or other gratuity; and no Ground Transportation Manager, Ground Transportation Agent, Hackney Officer, or Police Officer shall solicit or receive a tip or gratuity from anyone in connection with Commercial Ground Transportation Services at Logan Airport. Any Operator, Driver, Ground Transportation Manager, Ground Transportation Agent, Hackney Officer, or Police Officer who violates this provision shall be subject to immediate discipline by the Authority.

(m) Each Operator and each employee, agent, in vitee or person doing business with the Operator shall conduct himself in an orderly, proper manner at all times, so as not to annoy, disturb or offend others at Logan Airport. No person shall place, throw, or drop waste, rubbish, or refuse upon the grounds or roadways of Logan Airport.

(n) Each Commercial Ground Transportation Service Vehicle must be in good mechanical condition, clean, neat in appearance, sanitary and suitable for the occupancy and safety of passengers and Drivers. The vehicles must be properly equipped, insured and outfitted with all safety devices as required by federal, state or municipal laws or regulations, including 740 CMR 23.00et seq.

(o) No Operator, employee or agent, of the Operator, shall solicit, by words, gestures or otherwise, or attempt to solicit, persuade or urge any person at Logan Airport to use or hire any Commercial Ground Transportation Service Vehicle without the prior approval of the Authority.

(p) Each Operator and each Driver shall charge only such passenger rates as are authorized by law and shall post the rates in a conspicuous place within the Commercial Ground Transportation Service Vehicle or, shall post, in a conspicuous place, a statement which indicates that the rate schedule is available to the passenger from the Operator or Driver upon demand.

(q) Only a person designated and authorized by the Authority shall act at any time to direct the operation and movement of Commercial Ground Transportation Service Vehicles at Logan Airport or other areas designated by the Authority.

(r) No Operator or Driver shall install or have installed in or on any structure at Logan Airport, any private or public telephone booth or other communication device for any purpose without the prior written permission of the Authority.

(s) A Police Officer, Hackney Officer, or any other authorized representative of the Authority shall, in accordance with applicable law, have the right, at any time a Commercial Ground Transportation Service Vehicle is on Logan Airport, to make a reasonable inspection of the Vehicle and Driver to insure compliance with 740 CMR 23.00et seq.

(t) Upon entering Logan Airport without passengers, baggage or parcels, or after discharging passengers, baggage or parcels at Logan Airport, each Driver of a Commercial Ground Transportation Service Vehicle shall proceed, at once by the most direct route, to the Long Term Waiting Area or the designated Commercial Vehicle Stand, or immediately leave Logan Airport.

(u) Each Driver of a Commercial Ground Transportation Service Vehicle which occupies a position on the designated Commercial Vehicle Stand shall, at all times until engaged for hire, remain in the front seat or at the wheel of his Vehicle, except as set forth in 740 CMR 23.06(2)(b), and shall permit no person or animal, other than a passenger for hire, to sit in or occupy any part of his Vehicle. However, a Driver may leave his Vehicle in an emergency or with the consent of a Ground Transportation Agent, an authorized Police Officer or representative of the Authority. When engaged for hire, the Driver may leave his Vehicle to assist in loading passengers and baggage into his Vehicle. No Driver shall enter the terminal buildings without the permission of the Authority. The Authority encourages all Vehicles to be non-smoking, and permits Operators and Drivers to post signs inside the Vehicle to prevent passenger smoking.

(v) No Driver shall smoke in a Commercial Ground Transportation Service Vehicle, or outside such Vehicle, while in the presence of passengers.

(w) Each Commercial Ground Transportation Service Vehicle, except for delivery vehicles, shall:

1. have working air conditioning during the summer months;

2. have a clean luggage compartment, available for luggage, that is free of grease and litter and is empty of any and all equipment except for a spare tire and jack; and

3. when required by law to be manufactured with seat belts, have such seat belts in working order for all occupants.

(x) Each Commercial Ground Transportation Service Vehicle which is not dispatched to a passenger terminal at Logan Airport by the Authority or one of its designees shall be subject to a Dwell Time Fee as determined by the Authority from time-to-time. Each Driver and each Operator of a Contract Courtesy Vehicle shall pay a charge for Dwell Time only, not withstanding the provisions of 740 CMR 23.08(1)(b). Each Driver and each Operator of a Service Delivery Vehicle shall pay a charge for Dwell Time only, not withstanding the provisions of 740 CMR 23.09(1)(b). The Dwell Time Fee which Contract Courtesy Vehicles and Service Delivery Vehicles shall be subject to will ensure more efficient curb management and traffic control at Logan Airport and is not a surcharge, fee, or Base Rate for conducting Commercial Ground Transportation Services. The Authority may establish a Dwell Time Fee upon implementation of AVI and shall provide at least 60 days advance notice after it has adopted a fee for Dwell Time. The Authority shall comply with the provisions of 740 CMR 23.03(1)(e) to provide notice to each Driver and Operator. A Dwell Time Fee shall be adopted by the Authority without the holding of public hearings.

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