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Home My WebLink AboutORD 1985-082 # R � ORDINANCE NO. 85-82 AN ORDINANCE PROVIDING FOR THE ADOPTION AS CHAPTER 3, SECTION 3-40(d), CHAPTEK TWO-A OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BUS AND LIMOUSINE RULES AND REGULATIONS; PROVIDING FOR THE OPEIi,ATION OF SAID R,Ui,ES AND PEGULATIONS ONLY 6vITHIN THE BOUNDS UF THE DALLAS/FO�'.T WOR.TH INTER- NATIONAL AIF.PORT; PROVIDING FOR THE gi,ETENTION OI' THE SOVER.EIGN AND PZOPRIETARY AUTHOt�.ITY OF THE CITY OF �`` ° GRAPEVINE; PP�OVIDING A PENALTY CLAliSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY ,�., BE IT ORDAINED BY THE CITY CQiJNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the Dallas/Fort Worth International Airport Bus and Limousine rules and regulations, a copy of which is attached hereto and on file in the Office of the City 5ecretiary of the City of Grapevine, Texas, be, and the same is hereby adopted and designated as the Bus and Limousine rules and regulations and added as Chapter 3, Section 3-40(c]), Chapter Two-A of the Code of Ordinarices of the City of Grapevine, Texas, such rules and regula�ions made a part hereof as thoubh the same were copied herein subject to Section � o�° �i�is ordi;�ar.ce. SeLtio�i �. Tna� ihe D2iias/Iaorti ��'ortl� International Airport Bus ano Limousine rules and reoulations, shall only be effective within the bounds of the Dallas/�a'a�� "1t:�th International Airport which boun�s are wit}�ir, the City of Grapevine. This section is also subject to Section 3 of this ordinance. Section 3. Provided, however, that nothing herein shall be deemed to waive, abbrogate or surrender the sovereign governmental power and authority and proprietary ability of the City of Grapevine to pass ordinances, to exercise its police power, and perform all necessary governmental and proprietary functions t,vithin the City Limits of the City of Grapevine, which City Limits presently encompass a part of the Dallas/Fort Worth International Airport. ,� ,,, Section �. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 5. It is hereby declared to be the intention of the City Coancil of the City of Grapevine that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phruse, clause, sentence, paragraph or section of this ordinance shall be declareci unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaii�ing phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invaiid phrase, clause, sentence, paragraph or section. Section 6. The fact that the present Civil and Criminal Code of the City of Grapevine, Texas, does not adequately regtalate conduct at the Airport creates an emergency that this ordinance shall become ef'fective from and after its passage as the Charter in such cases provides. PASSED AND APPP�OVED BY THE CITY COLTNCIL OF THE CITY OF '�� ' GRAPEVINE, TEXAS, on this the 3rd day of December, A.D., 1985. �..;: Mayor, City of Grapevine, Texas ATTEST: City ecretary, Cit of Grapevine, Texas iSEALJ APPROVED: ,�,•,. : �..• "°`"�" City Attorney, City of Grap e, exas �:;:. . �, ,: � � -2- �� . � � . � DALLAS/FORT WORTH INTERNATIONAL AIRPORT BUS AND LIMOUSINE RULES AND REGULATIONS �� r��' � � s � ARTICLE I . GENERAL PROVISIONS Sec. 1-1 Statement of policy. . . . . . . . . . . . 1 Sec. 1-2 Authority for enforcement . . . . . . � � . • � • � � � � 1 Sec. 1-3 Exemptions . . . . . . . . . . . . . . . . . . � � � � � � � � � � � 1 Sec. 1-4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II . OPERATING AUTHORITY Sec. 2-1 Operating authozity required; nontransferability. . , . , , . , , , 4 Sec. 2-2 Application for o eratin. •authorit � P 9 y. . . . . . . 4 Sec. 2-3 Limitations of operating authority. . . . , . , , 5 Sec. 2-4 Amendments to operating authority. . . . . . . . . 6 �" Sec. 2-5 Renewal of operating authority. . . . . . . . . . . . 6 Sec. 2-6 Denial of application for issuance or renewal . . . _ . � . Sec. 2-7 Suspension and• revocation•of •operating authority. . . . . . . . , , , , � Sec. 2-8 Appeal of denial, •suspension, •or � � � � � � revocation. , , , , , , , , , , , , 8 Sec. 2-9 Fees; annual . issuance. . . . . . . . . . . . . • � � � � � � � g Sec. 2-10 Advertisement of bus or limousine service. 9 Sec. 2-11 Temporary operating authority. . . . . . . . . . . . . 9 ARTICLE III BUS/LIMOUSINE DRIVER' S PERMIT Sec. 3-1 Bus/limousine driver ' s permit required. . . 10 Sec. 3-2 Qualification for bus/limousine driver.' s permit. . . . . . . . . . . . . . . . . . . . . . . . . . 10 Sec. 3-3 Application for bus/limousine driver ' $ permit . . . . . . . . . . . . . . . . 14 ••� Sec. 3-4 Investigation•of . application. . . . • • � � � � � 14 . . . . . . . . . Sec. 3-S Issuance and denial of bus/limousine driver ' s permit . . . . . . . . . . . . . . . . . . 14 Sec. 3-6 Egpiration; voidance upon suspension or revocation of state driver ' s license. . . . . 15 Sec. 3-7 Provisional permit . . . . . . . . . . . 15 Sec. 3-8 Probationary permit . . . . . . . . . . . . � . � � � � � � � � 15 Sec. 3-9 Duplicate permit . . . . . . . . . . . � � • � � � � � � � � � 16 Sec. 3-10 Display of permit . . . . . . . . . . . . • . � � � � • � � � � 16 . . . . . . . . . . . . Sec. 3-11 Suspension by a designated representative. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 i �� ,�. :. �.� Sec. 3-12 Suspension of bus/limousine driver 's permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Sec. 3-13 Revocation of bus/limousine driver 's � � � . permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Sec. 3-14 Bus and� limousine operation after � suspension or revocation. . . . . . . . . . . . . . . . . ig ,�;.. Sec. 3-15 Appeal of denial , suspension, or ; � revocation. . . . . . . . . . . . . . . . . . . . . . 19 � "� Sec. 3-16 Nontransferability. . . . . . . . . . . . , . � � � � • � � � . 19 Sec. 3-17 Current mailing address of �permittee. . . . . 19 _ ARTICLE IV MISCELLANEOUS HOLDER AND DRIVER REGULATIONS ,;. Sec. 4-1 Holder ' s and driver ' s duty to comply. . . . . 19 Sec. 4-2 Holder ' s duty to enforce compli�nce by drivers. , . , , . . , . . 20 °� � Sec. 4-3 Driver as •independent .contractor. 20 - Sec. 4-4 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ' Sec. 4-5 Holder ' s service responsibilities . . . . . . . . . 21 Sec. 4-6 Information to be supplied upon request ofadministrator. . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE V SERVICE RULES AND REGULATIONS Sec. 5-1 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Sec. 5-2 Regulations for use of holding stands . . . . 23 Sec. S-3 Loading and Cischarge of passengers . . . . . . 23 Sec. 5-4 Cruising the airpozt . . . . . . . . . . . . . . . . . . 23 Sec. 5-5 Solicitation and acceptance of � � � passengers . . . . . . . . . . . . . . . . . . . . . . . 24 Sec. 5-6 Conduct of driver. . . . . . . . . . . . . . . . . . . . � � 24 . . . . Sec. 5-7 Return of passenger ' s property. . . . . . . . . . . 25 Sec. 5-8 Limousine service. . . . . . . . . . . . . . . . . . . 2S Sec. 5-9 Charter bus service. . . . . . . . . . . . . . . . . . � � � 26 Sec. 5-10 Scheduled bus and limousine service. . . . . . 26 �°°� Sec. 5-11 Off duty status of buses and limousines . . 28 ARTICLE VI � FARES Sec. 6-1 Rates of fare. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ii �_ � ARTICLE VII VEHICLES AND EQUIPMENT. Sec. 7-1 Vehicle inspection. . . . . . . . . . . . . . . . . . . . . . 29 � � Sec. 7-2 Vehicle equipment . . . . . . . . . . . . . . . . . . . . . . . � 29 Sec. 7-3 Decals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 � - ARTICLE VIII ENFORCEMENT Sec. 8-1 Authority to inspect. . . . . . . . . . . . . . . . 31 Sec. 8-2 Assistance by airport department of . . � � � _ public safety. . . . . . . . . . . . . . . . . . . . . . . . . . . 31 . Sec. 8-3 Correction order . . . . . . . . . . . . . . . . . . . 31 "� Sec. 8-4 Service of notice. . . . . . . . . . . . . . . . . . . . . � � 3� Sec. 8-5 Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 �� Sec. 8-6 Criminal .offenses . . . . . . . . . . . . . . . . . . . . . . . . 34 � iii r'= �:,,.. �:..* DALLAS/FORT WORTN INTERNATIONAL AIRPORT BUS AND LIMOUSINE RULES AND REGULATIONS ARTICLE I . GENERAL PROVISIONS Sec. 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 bus and limousine service at the Dallas/Fort Worth International Airport. To this end, rules and regulations for bus and limousine operations at the airport are developed to protect ttre public health and safety and to promote the public convenience and necessity. � Sec. 1-2 . AUTHORITY FOR ENFORCEMENT. °' ti The director of consumer services for the city of Dallas is � designated as the administrator of the. Dallas/Fort worth � International Airport bus and limousine rules� and regulations . The administrator shall implement and enforce the rules and regulations and may by written order establish procedures , not inconsistent with the rules and regulations , which he determines are necessary to discharge his duty under or to effect the policy of the rules and regulations . Sec,. 1-3 . EXEMPTIONS. � (a) These rules and regulations do not apply to a bus or limousine or to a person operating a bus or limousine that is : (1) 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; (2) provided by an employer or employee association for use in transporting employees between the employees ' homes ""�� and the em lo er ' s p y place of business or between workstations, with the employees reimbursing the employer or employee association in an amount calculated only to offset the � reasonable expenses of operating the vehicle; or (3) entering the airport for the sole purpose of terminating a trip that lawfully originated outside of the airport, ezcept when the bus or limousine is marked with a decal issued pursuant to this chapter . (b) Articles III and VII of these rules and regulations do not apply to : 1 r�= � � ( 1) the driver of a bus or limousine operated under authority granted by the Interstate Commerce Commission, if the driver is operating within the scope of his employment ; or (2) a bus or limousine operated under authority qranted by the Interstate Commerce Commission. , ' (c) These rules and regulations, eacept for Sections 5-1 through S-6, do not apply to a bus or limousine, or to a person operating a bus or limousine, that is owned by the federal or state government or by a political subdivision of the state. A person or vehicle eaempted 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 bus and limousine . holding stands . ,,,� Sec. 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 consumer services for the city of Dallas , or his authorized agent, with the responsibility of implementing and enforcing the Dallas/Fort Worth International Airport bus and limousine rules and regulations . (2) AIRPORT means the Dallas/Fort Worth International Airport . (3) AIRPORT BOARD means the Dallas/Fort Worth International Airport Hoard, 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 and that is used for the transportation of persons . (5) BUS/LIMOUSINE DRIVER' S PERMIT means a permit � issued to an individual by the administrator authorizing that individual to operate a bus or limousine at r_he airport . (6) BUS SERVICE means a passenger transportation service operated for hire that uses buses , whether the fare is paid by individuals boarding the bus or by contract with or for a specified group of perscns , and includes , but is not limited to, a facility from which the service is operated, buses used in the operation oL the service, and a person who owns , controls , or operates the service. 2 �=r �� .., . • ,�.,_� (7) CHARTER BUS SERVICE means a type of bus service for the transport of persons belonging to a specified group with one or more trips scheduled� regularly or irregularly over a period not exceeding 10 days . (8) 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. " .�: _. - (9) DRIVER means an irdivi�ual who drives or operates a bus or limousine. (10) HOLDER means � person who is granted operating . _ authority to provide bus or limousine service at the airport , �-�° or his designated agent . � (11) HOLDING STAND means a public place reserved eaclusively for use by buses or limousines and includes all - authorized bus and limousine queuing, loading, and holding areas . _ (12) LEGAL RESIDENT means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws . (13 ) LIMOUSINE means a vehicle that has a manufacturer ' s rated seating capacity of not more than 15 passengers and that is used for the transportation of persons . (14) 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, and a person who owns, controls , or operates the service. . �,�� (15) OPERATE means to drive or to be in control of a bus or limousine. (16) OPERATING AUTHORITY means permission granted by "� the administrator to operate a bus or limousine service at the airport . (17) OPERATOR means the driver of a bus or limousine, the owner of a bus or limousine, or the holder of bus or limousine operating authority. (18) OWNER means the person to whom state license 3 �_ � plates for a vehicle were issued. (19) 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 . - (20) RULES AND REGULATIONS means the bus and limousine rules and regulations established under Section 10, "Bus and Limousine Operations , " of Chapter Z�ao, "Regulation of Vehicles , " of the Code of Rules and Regulations �f the Dallas/Fort Worth International Airport Board, as amended. (21) SCHEDULED SERVICE means a type of bus or _ limousine service that operates on a fiaed schedule and fixed - routes approved by the administrator . ""� ARTICLE II . OPERATING AUTHORITY �.�,, Sec. 2-1 . OPERATING AUTHORITY REQUIRF.D; NONTRANSFERABILITY. (a) A person may not operate •a bus or limousine service or solicit passengers for a bus or limousine service at the airport without operating authority granted under the rules and regulations, nor may a person transport a passenger for hire at the airport by bus or limousine unless the person driving the bus or limousine or another who employs or contracts with the driver has been granted operating authority under the rules and regulations . (b) A person shall not engage or hire a bus or limousine which he knows does not have operating authority or another form oL permission from the administrator . (c) Operating authority may not be transferred to another person. Sec . 2-2 . APPLICATION FOR OPERATING AUTHORITY. (a) To obtain operating authority, a person must make � application to the administrator in the manner prescribed by this section. The applicant must be the person who will own, control , or operate the proposed bus or limousine service. An applicant shall file with the administrator a written, verified application containing the following : ( 1) a statement as to the type of operating authority, bus or limousine, for which application is made, including a statement as to which category, scheduled, charter bus , or prearranged limousine, the applicant proposes ; � r� �.,,,. � , (Z) a description of any past business eaperience 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 listed or affiliated business; ,_ � (3) a description of the pr�posed service, including routes, rates of fare to be charged, and schedules, �here - applicable; (4) 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 interest in the business ; � " (5) the name, address , and verified signature of the applicant ; (6) if applicable, the . name of the city from which the applicant is authorized to operate a bus or limousine service and a copy of that city' s document authorizing the bus or limousine service; (7) the number and a description of the vehicles the applicant proposes to use in the operation of the bus or limousine service; (8) a description of the propos�d insignia and color scheme, if applicable, for the applicant ' s buses or limousines; (9) documentary evidence from an insurance company, authorized to do business in the State of Texas indicatir.g a willingness to provide liability insurance in the amounts specified in Section._ 4-4 ; and ( 10) any additional information the administrator "�`� considers necessary to the implementation and enforceme^t of the rules and regulations or the protection of the public safety. � (b) Within a reasonable time from the date of application, the administrator shall approve or deny the application for issuance of bus or limousine operating authority. Sec. 2-3 . LIMITATIONS OF OPERATING AUTHORITY. (a) When issued, operating authority shall state the type 5 r�' � of service, bus or limousine, authorized. Operating authority shall indicate the category of service, prearranged limousine, charter bus , or scheduled service. The operatinq authority may also contain other conditions and limitations determined necessary by the administrator, including, but not limited to: . . (1) the number of vehicles authorized; :� � (2) a description of vehicles to be operated; ti �- (3) the number of passengers th�t may be transported �' in each vehicle; (4) customers to be served; 5) places of loading or unloading passengers ; � (6) schedules and routes to be followed; �� (7) rates to be charged; and, (8) operating procedures : (b) A 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 or limousine service. Sec. 2-4 . AMENDMENTS TO OPERATING AUTHORITY. (a) A holder desiring to amend the terms or conditions of its operating authority shall submit a written request to the administrator. A non-refundable $SO amendment fee must accompany a request for any material change to the operating authority. The request shall include: (1) the nature of the proposed change; (2) the date the proposed change is to take effect . �» (b) The administrator may approve an amendment unless it is in violation of or inconsistent with the provisions of the rules and regulations . Sec. 2-S . RENEWAL OF OPERATING AUTHORITY. (a) A holder shall apply for renewal of bus or limousine operating authority at least 30 days before the expiration of the operating authority. (b) Within a reasonable time after the date of 6 �_ �- � �,.� application, the administrator shall approve or deny the application for renewal. (c) The administrator shall renew the operating authority if he determines that the holder: . ( 1) has performed in compliance with all terms and ' conditions of the operating authority; and -� . ' (2) is in compliance with all requirements of the ' rules and regulations . Sec. 2-6 . DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL. _ The administrator shall deny issuance or renewal of bus or � limousine operating authority if he finds that the applicant has : .�_.. (1) failed to comply with the requirements of the - rules and regulations or orders established un�er the rules and � requlations ; . (2) failed to comply with the terms and conditions of the operating authority for which application for renewal is made; (3) been either convicted twice, suspended twice, or convicted once and suspended once, for a viola�ion of the rules and regulations within the preceding two years ; (4) made a false statement as �to a material matter in the application for operating authority; (5) been convicted for a violation of another city, state, or federal law or regulation which indicates lack of fitness of the applicant to perform a public transportation service; or . „�;�„ (6) had bus or limousine operating authority revoked within the preceding two years . Sec. 2-7 . SUSPENSION AND REVOCATION OF OPERhTING AUTHORITY. (a) The administrator may suspend or revoke bus or limousine operating authority if he determines that the holder has : (1) made a false statement as to a material matter in the application for operating authority; (2) failed to comply with the provisions of the rules and regulations or orders �stablished under the rules and 7 ��--- ,�wre regulations; (3) failed to comply with the terms and conditions of the operating au�hority, 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; �:-�_ (4 ) been convicted for a violation of another city, �� state, or federal law or regulation which indicates lack of -r fitness of the holder to perform a public transportation • service; (5) failed to pay a'll required fees; or (6) failed to surrender scri�� tickets for the � . payment of fees prescribed in Section 2-9 in the manner approved by the administrator . (b) The administrator may suspend a holder ' s operating authority for a period not to egceed 60 days . At the end of the suspension period, the holder �ay file with the administrator a written request for reins�atement or operating authority. The administrator shall deter�_ne if the deficiency causing the suspension has been corrected by the holder and approve or deny reinstatement ot the operating authority. (c) 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. Sec. - 2-8 . APPEAL OF DENIAL, SUSPENSION, OR REVOCATION. The denial of an application for issua�ce or renewal of bus or limousine operating authority or susper,sion or revocation of bus or limousine operating authority may be appealed by the applicant or holder in accordance with Section 8-5 of the rules *�* and regulations . Sec. 2-9 . FEES; ANNUAL ISSUANCE. (a) The annual fee for bus operatin� authority is $450 . The annual fee for limousine operating au=hority is $360 . The annual fee shall be paid to rhe admiristrator before the operating authority is issued . (b) Bus and limousine operating aut�:ority 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 8 � �.:.>� �� a period of less than one year, the annual fee shall be prorated on the basis of whole months. (d) In addition to the annual fee required in Subsection (a) , the holder of bus operatinq authority shall pay a gate fee of �4 and the holder of limousine operating authority shall pay a gate fee of $3, in a manner prescribed by the administrator, each time a bus or limousine: ='' (1) eaits the airport, if providing prearranged - service; or (2) completes a scheduled route throuqh the airport, if providing scheduled service. � - (e) The total fees required to be paid in Subsection (d) by a scheduled bus or limousine service shall never be less tfian the gate fee times the total number of scheduled routes "��" through the airport that the service is authorized to operate. ' Sec. 2-10 . ADVERTISEMENT OF BUS OR LIMOUSINE SERVICE. (a) A person commits an offense if he advertises or causes to be advertised the operation of a bus or limousine service that does not have valid operating authority under this article when the advertisement is reasonably calculated to be seen by persons seeking bus or limousine service at the airport . (b) It is a defense to prosecution under Subsection (a) that the person was the publisher of the advertising material and had no knowledge that the bus or limousine service did not have operating authority under this article. Sec. 2-11 . TEMPORARY OPERATING AUTHORITY. (a) The administrator may issue temporary operating authority to a bus . or limousine co�upany for a period not to eaceed 10 days. �,� (b) A person desiring temporary operating authority must submit such information as dee�ed appropriate by the administrator to determine that : (1) drivers are qualified; (2) vehicles are safe and roadworthy; and (3) liability insurance is possessed that meets or eaceeds those limits specified in Section 4-4 of these rules and regulations . 9 �— � � (c) The fee for temporary operating authority is $50 . (d) Vehicles used under temporary operating authority are subject to inspection procedures and fees in accordance with Section 7-1 of these rules and regulations . (e) The holder of temporary operating authority is subject to the fees established in Section 2-9(d) of these rules and regulations . ARTICLE III . BUS/IIA'40USINE DRIVER' S PERMIT Sec. 3-1 . BUS/LIMOUSINE DRIVER'S PERMIT REQUIRED. _ (a) A person commits an offense if he drives a bus or limousine inside the airport without a valid bus/limousine "�""" 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 . � (b) A holder may not employ, contract with, or otherwise allow a person to drive a bus or• limousine owned, controlled, or operated by the holder unless the person has a valid bus/limousine dr�ver ' s permit issued to him under this article. Sec. 3-2 . QUALIFICATON FOR BUS�LIMOUSINE DRIVER 'S PERMIT. (a) To qualify for a bus/limousine driver ' s permit , an applicant must : ( 1) be at least 19 years of age; �- (2) be a legal resident of the United States ; (3) hold a valid driver ' s license issued by the State of Te�as and classified to permit the applicant to operate a bus or limousine; . (4) be able to communicate in the English language; „� (5) not be afflicted with a physical or mental disease or disability that is likely to prevent him from eaercising ordinary and reasonable control over a ;r.otor vehicle or that is likely to otherwise endanger the public health or safety; (6) not have been convicted of more than four moving traffic violations arising out of separate transactions , or involved in more than two automobile ac�idents in which it could be reasonably determined that the applicant was at fault , 10 r� �; : ��, within any 12-month period during the preceding 36 months ; (7) not be under indictment for or have been convicted of a crime: (A) involving: _.- (i) criminal homicide as defined in Chapter - 19 of the Tezas Penal Code; � � (ii) kidnapping as defined in Chapter 20 of - _ the Teaas Penal Code; (iii) a se�tual offense as defined in Chapter _ 21 of the Te�as Penal Code; � �, , (iv) an assavltive offense as defined in ��. ..a Chapter 22 of the Texas Penal Code; " . (�) robbery as def ined in Chapter 29 of the Teaas Penal Code; . (vi) burglary as defined in Chapter 30 of the Tegas Pena� Code, eacept burglary of a coin-operated machine; (vii) theft as defined in Chapter 31 of the Texas Penal Code, egcept theft of service, thert of trade secrets , tampering with identification numbers, unauthorized use of a television decoding and interception device, and manufacture, sale, or distribution of a television decoding and interception device; (viii) fraud as defined in Chapter 32 of the Tegas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact because of his occupation as a bus or limousine driver ; � (iz) tampering with a vovernmental record as defined in Chapter 37 of the Texas Penal Code; (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 ot Chapter 46 of the Texas Penal Code; (xii) a violation of tne Dangerous Drugs Act (Article 4476-14 , Vernon's Tegas Civil Statutes) ; 11 �"�_ e� (xiii) a violation of the Controlled Substances Act (Article 4476-15, Vernon' s Teaas Civil Statutes) ; or (aiv) criminal attempt to commit any of the offenses listed in Subdivision (7) (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 �nisdemeanor offense; - (ii) less than five years have elapsed since ""�'" the date of conviction or the �ate 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; (8) not t�ave been convicted of, or discharged by probation or deferred adjudication for, driving while intoaicated: (A) within the preceding 12 months ; or - (B) more than one time within the preceding 7 years ; (9) not have criminal charges pending for an offense for driving while intogicated; � (10) not be addicted to the use of alcohol or narcotics; (11) be subject to no outstanding warrants of arrest ; (12) be sanitary and well-groomed in dress and person; (13) be employed by or contracting with a holder; and (14 ) have successfully completed within the preceding 12 months a defensive driving course approved by the National 12 r� �:.a,� �,..h> Safety Council and be able to present proof of completion. (b) An applicant who has been convicted of an offense listed in Subsection (a) (7) pr (8) , 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/limousine driver ' s permit only if the ; . administrator determines that the applicant is presently fit to � enqage in the occupation of a bus or limousine driver. In � determining present fitness under this section, the '� administrator shall considsr the following : .t.' - (1) the eatent and nature of the applicant ' s past criminal activity; ' � u (2) the age of the applicant at the time of the commission of the crime; �.�,� (3) the amount of time that has elapsed since the � applicant ' s last criminal activity; (4) the conduct and work activity of the applicant prior to and following the criminal activity; (5) evidence of the applicant ' s rehabilitation or rehabilitative effort while incarcerated or following release; and (6) 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 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. (c) It is the . responsibility of the applicant , to the eatent possible, to secure and provide to the administrator the evidence required to determine present fitness under Subsection '`�� (b) of this section and under Section 3 . 8(a} of this article. (d) As an additional qualification for a bu�/limouine '� 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 of the cities or counties surrounding the airport . 13 r'-= � �� Sec. 3-3 . APPLICATION FOR BUS/LIMOUSINE DRIVER'S PERMIT. To obtain a bus/limousine driver ' s permit or renewal of a _ bus/limousine driver ' s permit, a person must file a completed written application with the administrator on a form provided for the purpose. The administrator shall require each . . �pplication to state any information he considers necessary to determine whether an applicant is qualified. Sec. 3-4 . INVESTIGATION OF APPLICATION. � (a) For the purpose of determining qualification under Section 3-2(a) (S) , the administrator may require an applicant to submit to a physical egamination at the applicant ' s egpense _ conducted by a licensed physician and to furnish to the administrator a statement which certifies that the '""� _ has eaamined the applicant and that in the phYsician rofessional o physician ' s P pinion the applicant is qualified under Section �r:� 3-2(a) (5) . ' (b) The administrator may conduct any other investigation he considers necessary to determi�e whether an applicant cor a bus/limousine driver ' s permit is qualified. Sec. 3-5 . ISSUANCE AND DENIAL OF BUS/LIMOUSINE DRIVER ' S PERMIT. (a) If the administrator determines that an applicant is qualified, he shall issue a bus/limousine driver ' s permit to the applicant . (b) The administrator may deny the application for a bus/limousine driver ' s permit if the applicant : (1) is not qualiEied under Section 3-2 ; (2) refuses to submit to or does not pass a medical or written ezamination authorized under Section 3-2 or Section 3-4 ; or � (3) makes a false statement of a material fact in his application for a bus/limousine driver ' s permit . (c) If the administrator determines that a bus/limousine driver ' s permit should be denied the appiicant , 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 nis riqht of appeal . 14 r— ,,,r.:.:> �.r�. Sec. 3-6 . EXPIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE. Except in the case of a probationary or provisional permit, a bus/limousine 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 bus/limousine 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/limousine driver 's permit to the - administrator. Sec. 3-7. PROVISIONAL PERMIT. . �,� - (a) The administrator may issue a provisional bus/limousine driver ' s permit if he determines that : '�"°' (1) the number of bus or limousine drivers is - inadequate to meet the airport ' s need for bus or limousine � service, in which case he may issue the number necessary to meet the need; or . (2) it is necessary to allow the administrator to complete investigation of an applicant for a bus/limousine driver ' s permit . (b) A provisional bus/limousine driver ' s permit expires 45 days from the date of issuance, or upon the applicant ' s being denied a bus/limousine driver ' s permit, whichever occurs first . (c) The administrator may issue a provisional permit to a person holding a state driver ' s license. Sec. 3-8 . PROBATIONARY PERMIT. (a) The administrator may issue o probationary bus/limousine driver ' s permit to an applicant who is not qualified for a bus/limousine driver ' s permit under Section 3-2 '"�"� if the applicant : (1) could qualify under Section 3-2 for a �� bus/limousine driver ' s permit within one year from the date of application; (2) holds a valid state driver ' s license or occupational driver ' s license; and (3) is determined by the administrator , using the criteria listed in Section 3-2 (b) of this article, to be 15 r— � �� presently fit to engage in the occupation of a bus or limousine driver. (b) A probationary driver ' s permit may be issued for a period not to exceed one year . (c) The administrator may prescribe appropriate terms and conditions for a probationary bus/limousine driver ' s permit as . he determines are necessary. Sec. 3-9 . DUPLICATF PERMIT. If a bus/limousine driver ' s permit is lost or destroyed, the administrator may issue� the permittee a duplicate permit upon receiving payment of a duplicate permit fee of $5 . r�rw Sec. 3-10 . DISPLAY OF PERMIT. �,...;� A bus or limousine driver shall display his bus/limousine driver ' s permit in a manner and location approved by the administrator . A bus or limousine driver • shall allow the administrator or a peace officer � to examine his bus/limousine driver ' s permit upon request . Sec. 3-11 . SUSPENSION BY A DESIGNATED REPRESENTATIVE. (a) If a representative designated by the administrator to enforce the 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 bus/limousine 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: (1) the reason for suspension; (2) the date the suspension begins ; (3) the duration of the suspension; and �«► (4) a statement informing the permittee of his right of appeal . �:;:�; (b) A suspension under this section may be appealed to the administrator if the permittee reauests an appeal at the time the permittee receives notice of the suspension, when an appeal is requested, the suspension may not take effect until a hearing is provided by the administrator . (c) The administrator may order an expedited hearing under 16 ��. �.,... �:.. 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. The decision of the administrator is final . Sec. 3-12 . SUSPENSION OF HUS/LIMOUSINE DRIVER�S PERMIT. ' (a) If the administrator determines that a permittee has � . failed to comply witr, any provision of the rules and '� regulations (ezcept Secticn 3-2) , the administrator may suspend -- the bus/limousine driver ' s permit for a definite period of time . not to eaceed six months . (b) If at any time the administrator determines that a . permittee is not qualified under Section 3-2 , the administrator � shall suspend the bus/limousine driver 's permit until the administrator determines that the permittee is qualified. �' "' (c) A permittee whose bus/limousine driver ' s permit is - suspended shall not originate a bus or 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. (d) The administrator shall notify the permittee and he holder employing the permittee, in writing, of a suspension under this section. The notice must include: (1) the reason for the suspension; (2) the date the administrator orders the suspension to begin; (3) the duration of suspension or if it is under Subsection (b) ; and (4) a statement informing the permittee of his right of appeal . �,� (e) 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. Sec. 3-13 . REVOCATION OF BUS/LIMOUSINE DRIVER ' S PERMIT. (a) The administrator may revoke a bus/limousine driver ' s permit if the administrator determines that the permittee • ( 1) operated a bus or limousine inside the airport during a period in which his bus/limousine driver ' s permit was suspended; 17 r— � �_,„�,, (2) made a false statement of a material fact in his application for a bus/limousine driver 's permit ; (3) engaged in conduct that constitutes a ground for suspension under Section 3-12(a) 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 con��iuct or three times within the 24-month - period preceding the conciuct; _�� (4) engaged in conduct that could reasonably be determined to be detrimental to the public safety; (5) failed to comply with a condition of a � probationary permit; or (6) failed ta surrender the appropriate script �� tickets for the payment of fees prescribed in Section 2-9 in the manner approved by the administrator. (b) A person whose bus/limousine driver ' s permit is revoked shall not : ( 1) apply for another bus/limousine 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 (2) operate a bus or limousine at the airport . (c) The administrator shall notify the permittee in writing of a revocation. The notice shall include: (1) the reason for the revocation; (2) the da.te the administrator orders the revocation; and (3) a statement informing the permittee of his right of appeal . Sec. 3-14 . BUS AND LIMOUSINE OPERATION AFTER SUSPENSION OR �� REVOCATION. (a) 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/limousine driver ' s permit to the administrator and discontinue operating a bus or limousine at the airport . 18 r� : � w�,.,,, (b) Notwithstandinq Section 3-12(c) and Subsection (a) of this section, if the permittee appeals the suspension or revocation of a bus/limousine driver 's permit , he may continue to drive a bus or limousine at the airport pending the apneal unless: (1) the permittee is not qualified under Section 3-2 ; or (2) the administrator determines that continued operation by the permittee would impose an immediate threat to the public safety. - Sec. 3-15. APPEAL OF DENIPcL, SUSPENSION, OR REVOCATION. �_ - The denial of an application for issuance or renewal of a bus/limousine driver ' s permit , a suspension of a bus/limousine driver ' s permit under Section 3-12 , or a revocation of a `�' ' bus/limousine driver ' s permit ma be a Y ppealed in accordance - with Section 8-5 of the rules and regulations . Sec. 3-16 . NONTRANSFERABILITY. . A bus/limousine driver ' s permit, badge, sticker, ticket , or emblem assigned to one person is not transferable to another . Sec. 3-17. CURRENT MAILING ADDRESS OF PERMITTEE. A person issued a bus/limousine driver ' s permit shall maintain a current mailing address on file with the administrator. 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 Sec. 4-1. HOLDER,' S AND DRIVER ' S DUTY TO COMPLY. (a) Holder . In the operation of a bus or limousine �""""' 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 ot a bus or limousine service. (b) Driver. While operating a bus or 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 19 �—: � 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 . Sec. �-2 . HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS. (a) A holder shall establish policy and take action to discourage, prevent , or correct violations of the rules and regulations by driver� who are employed by or contracting with the holder. (b) A holder shall not permit a driver who is employed by or contractinq with the holder to operate a bus or limousine if the holder knows or has reasonable cause to suspect that the driver has failed to comply with the rules and regulations or other applicable law. � � Sec. 4-3 . DRIVER AS INDEPENDENT CONTRACTOR. ��; (a) A holder who is not operating a scheduled bus or � limousine service may contract with a - driver on an independent-contractor basis, but �only if the contract : (1) provides that the holder shall indemnify and hold harmless the airport board, the cities of Dallas and Fort Worth, and their officers and employees for a claim or cause of action against the airport board, the cities of Dallas or Fort Worth, or their officers or employees arising from conduct of the driver; (2) provides that the driver is insured under the holder ' s fleet insurance policy; and - (3) imposes a condition that the driver must comply with these rules and regulations and provides that failure to comply may be considered by the holder as a material breach of the contract . (b) The form of the contract between a holder and driver � must be approved by the administrator . The administrator may disapprove a contract form if • he determines that the contract is inconsistent with these rules and regulations , regulations �,� estabished under these rules and regulations, or other applicable law. A holder may not use a contract that has been disapproved by the administrator . Sec. 4-4 . INSURANCE. (a) A holder shall maintain in force during the authorized period of its operating authority an amount and character of insurance coverage for all motor vehicles used in its bus or limousine service which is not less that that specified by the 20 �—; ,� , �� Texas Railroad Commission for vehicles of comparable size. Operating authority will not be granted or renewed, unless the applicant or holder furnishes the administrator with all proof of insurance the administrator considers necessary to det�rmine whetaer the applicant or holder is adequately insured under this section. (b) Eacept for self-insurance, insurance required under this section must : (1) be carried with an insurance company authorized to do business in the State of Tegas; (2) name as additional insureds the Dallas/Fort worth International Airport Board, the cities of Dallas and Fort �- Worth, and their officers and employees ; and (3) includE a cancellation rider under which the '� �L insurance company is required to notify the administrator in - writing not less than 30 days before cancelling or making a material change to the insurance policy. (c) A holder may be self-insured in the manner prescribed by the Texas Safety-Responsibility Act iE the administrator determines that the holder can furnish protection of the same character and amount as if the insurance were carried by an insurance company. In considering authorizations of self-insurance, the administrator shall consider the financial fitness and the past record of management responsibility of the holder and may establish maximum coverage limits Eor which the holder may self-insure. If at any time the administrator determines that a self-insured holder is unable to provide adequate self-insurance, the administrator by written notice shall order the holder to acquire insurance from an insurance company, and the holder shall comply with the order not more than 30 days after the notice is served. (d) A copy of documents establishing compliance with insurance requirements shall be on file with the administrator �`�� at all times . Failure to maintain minimum insurance standards shall result in the immediate suspension ot holder ' s operating authority. If 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 . The fee for reinstatement of operating authority after a suspension under this subsection is $200 . Sec. 4-S . HOLDER' S SERVICE RESPONSIBLITIES. (a) A holder shall provide bus or limousine service for passengers at the airport in accordance with service levels and 21 r= � standards approved by the administrator, the airport board, and the cities oF Dallas and Fort Worth. (b) A holder shall cooperate with the administratoF in all phases of bus or limousine operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the administrator for bus or limousine service during periods of shortage. Sec. 4-b. INFOR1�iATION TO BE SUPPLIED UPON REQUEST OF ADMINISTRATOR. Upon request of the administrator, a holder shall submit to the administrator the following information: (1) a current consolidated equipment list ; '"�"`` (2) names ot current officers, owners , and managers � of the bus or limousine service; and ' (3) a list of the names and bus/limousine driver ' s permit numbers of current drivess employed by or contracting - with the holder . ARTICLE V. SERVICE RULES AND REGULATIONS Sec. 5-1. PARKING. (a) A driver shall park only on designated bus or limousine holding stands while serving the airport . (b) A person commits an offense if he: � (1) parks a vehicle on a bus or limousine holding stand without authorization from the administrator; or (2) leaves. a vehicle unattended on a bus or limousine holding stand; except, that a driver may leave his bus or limousine to assist a passenger as is reasonably necessary � after being engaged. (c) In proving an offense under Subsection (b) ( 1) , 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 . (d) A vehicle left unattended on a bus or limousine holding stand in violation of Subsection (b) (2) 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 . 22 �� ,�;: , �:�.* Sec. 5-2 . REGULATIONS FOR USE OF HOLDING STANDS. (a) While using a bus or limousine holding stand, a bus or limousine driver shall not : (1) leave his bus or limousine except to assist a passenger as is reasonably necessary after being enqaged; (2) perf��rm or allow to be performed repairs or maintenance on a bus or limousine while parked on the holding stand; or (3) utilize the holding stand while off duty. . (b) A bus or limousine driver operating a scheduled �•°-� service shall : �� (1) remain at the holding stand only long enough to load or discharge passengers and then expeditiously progress to - the nezt scheduled holding stand or exit the airport; and (2) enter a holding stand only at those times listed in the schedule on file with the administrator . Sec. 5-3 . LOADING AND DISCHARGE OF PASSENGERS. (a) A driver shall load passengers and baggage into a bus or limousine only at designated holding stands . (b) Unless otherwise authorized by the administrator , a driver shall use the lower level at terminals to discharge passengers, e$cept when increased hardship would result to a passenger afflicted with a physical or mental disability. Sec. 5-4 . CRUISING THE AIRPORT. A driver shall. not cruise the airport . A driver is "cruising' anytime that he drives a bus or limousine within �„� 1, 000 feet of a terminal or a hotel on the airport without : (1) a passenger to be discharged at the terminal or hotel; � (2) following �he approved schedule and route contained in the holder ' s operating authority, if applicable; (3) trip authorization by the administrator; (4 ) assignment for a prearranged trip; or (5) taking a direct route to leave the airport . 23 r� � �� Sec. 5-5 . SOLICITATION AND ACCEPTANCE OF PASS�IGERS. A person commits an offense if he: � (1) by word or gesture solicits or accepts a passenger for a bus or limousine at the airport in a location other than an area specifically authorized by the administzator for the solicitation or acceptance of bus or limousine passengers ; (2) solicits a passenger by means of an electronic device designed to amplify sound or in a manner tha� unreasonably annoys or obstructs the movement of a person; or (3) pays an employee '� of another business to solicit passengers for or give preferential treatment in directing passengers to a bus or limousine, unless the pers�n has written � permission from the administrator and the executire director of the aizport, or his designated representative. � Sec. 5-6 . CONDUCT OF DRIVER. A driver shall: . (1) co�►duct himself in a reasonable, prudent , and courteous manner; �2) maintain a sanitary and well-groomed appearance; (3) not respond to a dispatched call assigned to another driver; (4) not consume or possess alcohol�c beverages , drugs , or other substances which could adverse:y affect his ability to drive a motor vehicle; (5) not interfere with the administrator in the performance of his duties ; (6) not gather , congregate, or otherc;:se obstruct entrances or passageways of any terminal, hotel , or other airport building in a manner that unreasonably annoys or impedes the movement of a person; <.,,�,. (7) comply with lawful orders of the administrator issued in the periormance of his duties ; and (8) not deposit any bottle, can, trash, debris , junk, or other object on or around a holding stand except in an authorized trash receptacle. 24 r� ,�.... � Sec. 5-7. RETURN OF PASSENGER'S PROPERTY. Upon finding property left by a passenger in a bus or limousine, the driver shall immediately return the property to the owner. 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 shall, within 24 hours of discovering the lost property, deliver the property to the holder and notify the administratar of the location and description of the property. Sec. 5-8. LIMOUSINE SERVICE. (a) Limousine service, � unless . authorized for scheduled service, shall be operated on a prearranqed basis . All �- - arrangements for limousine service must be made prior to the limousine entering into the terminal area ot the airport . `�"�� (b) When entering the terminal area ot 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: (1) the name of the customer or customers ; (2j the number of individuals in the party; (3) the airline carrying the customer or customers; (4) the flight number; (5) the flight arrival time; and (6) the destination of the limousine trip. (c) A driver . furnishing prearranged limousine service shall not accept any passengers at the airport except those for whom service has been prearranged and docurr,ented in accordance "�""� with Subsection (b) of this section. (d) 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 provided. If a flight is delayed, the driver shall not occupy a bus or limousine holding stand more than five minutes prior to actual arrival of the customer ' s flight . (e) A limousine driver shall load customers and baggage into the limousine and immediately leave the terminal area . 25 r"= � �� Sec. 5-9 . CHARTER BUS SERVICE. (a) Charter bus service shall be operated on a prearranged basis. All arrangements for cha�ter bus service s}►a11 be made prior to the charter bus entering into the terminal area of the airport . (b) When entering the terminal area of the airport, a driver furnist�ing charter bus service shall have in his possession, and present to the administrator upon request , written documentation indicating t}^e following information: (1) the name of the customer or customers ; (2) the number of individuals in the party; � _ (3) the airline carrying the customer or customers ; (4) the flight number; � ' (5) the flight arrival time; and • (6) the destination of the charter bus trip. (c) A driver furnishing charter bus service shall not accept any passengers at the airport except those for whom service has been prearranged and documented in accordance with Subsection (b) of this section. (d) A driver furnishing charter bus service shall not drive into the terminal area of the airport more than five minutes prior to the scheduled arrival of the tlight carrying the Customer for whom charter bus service is Yo be provided. If a flight is delayed, the driver shall not occupy a bus or limousine holding stand more than five minutes prior to the actual arrival of the customer ' s flight. (e) A charter bus driver shall load customers and baggage into the bus and immediately leave the terminal area . �► Sec. 5-10 . SCHEDULED BUS AND LIMOUSINE SERVICE. �� (a) Scheduled service for buses and limousines shall be operated along routes and schedules as specified in the holder ' s operating authority. (b) A driver or holder shall follow the scheduled route regardless of whether the bus or Iimousine is filled to capacity. (c) A driver commits an offense if he drives into a terminal area or solicits or accepts passengers at a time or 26 r� �.�� location or in a manner other than as provided for in the holder ' s operating authority. (d) The driver or holder of a bus or limousine commits an offense if the bus or limousine enters into a terminal area without displaying an outbound destination sign that is clearly visible, both day and night, to aKaiting passengers . (e) A scbeduled bus or lim�usine service shall serve each , approved route �n a frequency s�hedule with not more than 120 minutes between scheduled departure times from the airport . A scheduled bus or limousine service shall provide continuous service at least 12 hours a day, sia days a week and at least eight hours a day, one day a week. A scheduled bus or limousine service is not required to operate on the following �• holidays : � .� ( 1) New Years Day (January 1) ; - (2) Memorial Day (Last l4onday in May) ; (3) Independence Day (.�uly 4) ; (4) Thanksgiving Day (Fourth Thursday in November) ; and ( 5) Christmas Day (Dece.-:ber 25) . This subsection does not apply to a scheduled bus or limousine service with all points of d�stination outside Dallas and Tarrant counties . � (f) Each scheduled bus or 3imousine service shall provide service at times specified in the operating authority. A scheduled service shall maintain an "on time" rating of zero to 10 minutes after scheduled arri�al time for not less than 80 percent of the total scheduled t=ips . Computation of "on time" ratings will be determined using sampling procedures � established by the administrator. (g) All buses or limousires authorized for scheduled service shall be owned or controlled by the holder . � (h) All drivers of buses zr limousines operating on a scheduled service shall be employees of the holder . (i) A holder of scheduled service operating authority may not subcontract his operating authority. 27 �„"__. � Sec. 5-11 . OFF DUTY STATCrS OF BUSES AND LIMOUSINES. (a) Each bus or limousine 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 bus or limousine service at the airport, he shall comply with the following requirements : (1) The driver shall place a sign, to be provided by the holder, ir. the bus or limousine indicating the words "OFF DUTY" 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. (2) When a driver is off-duty, he shall display the sign in an upright positian in the front window on the right �' side of the bus or limousine so as to be easily seen and read from outside of the bus or limousine . (b) An off-duty driver shall not park or stand his bus or ' limousine on a bus or li�:ousine holding stand or within 500 feet of a bus or limousine holding stand or along or in the one hour parking zones oE the airport roadways . ARTICLE VI . FARES Sec. 5-1 . RATES OF FARE. (a) A driver or holder shall not charge a fare tor operating a bus or lic�ousine at the airport that is inconsistent with the rates authorized in the holder ' s operating authority. -(b) 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 . (c) 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 . (d) The administrator may require a holder to display rates on or within a bus or limousine in a manner prescribed by the administrator. (e) The driver or holder snall give the person paying a fare a ticket or receipt =nat indicates the name, address , and phone number of the bus or limousine company and the amount of the fare. 28 � �� ARTICLE VII , VEHICLES AND EQUIPMENT. Sec. 7-l. VEHICLE INSPECTION. (a) A holder shall maintain vehicles in safe mechanical condition and shall maintain the interior and egterior of the vehicles in good repair. (b) A holder shall have each vehicle to be used in bus or - 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 state and federal laws requlating emission of air contaminants . ,�. . (c) 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. (d) The fee for each inspection of each vehicle of a holder is $10 . (e) 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. (f) A holder may contract for maintenance but shall be responsible for maintaining all vehicles operated under his operating authority in safe operating condition. Sec. 7-2 . VEHICLE EQUIPMENT. (a) A holder, owner, or driver of a bus or limousine shall provide and maintain the following equipment for each bus or �° limousine: (1) an air conditioner system capable of cooling the passenger compartment to 20 degrees below the outside temperature and a heater; (2) a fire extinguisher of at least one quart capacity; and (3) a decal complying with Section 7-3 of the rules an�3 regulations . (b) In addition to equipment s�ecified in Subsection ( a) 29 �— � of this section, a holder, owner, or driver shall provide and maintain the following equipment and size and weight requirements for each bus or limousine used in a scheduled service: (1) a minimum interior height of 72 inches (floor to ceiling) ; (?) sufficient weight capacity, proof of which shall � be provided by the holder, owner, or driver, such that the weight of the empty vehicle plus 150 pounds for each seat shall not egceed the manufacturer 's rated gross vehicle weight; (3) a minimum of one emergency exit in addition to the driver and passenaer doors ; � (4) a designated luggage holding area located separately from passenger seating; � (5) lighted front destination signs ; (6) a unitorm paint scheme which has been approved by the administrator; (7) the name of the company and the equipment number permanently arfixed to each side of the vehicle in letters not less than three inches high with a one-half inch stroke. _ • (8) a two-way radio on the company dispatcher ' s - frequency that is operational during scheduled service hours ; (9) a minimum of three passenger seats for each stop along the route outside the airport ; and �10) a sufficient number of vehicles to be used as backup for each route. (c) A holder, owner , or driver operating a scheduled bus or limousine service is not required to comply with the *�** equipment , size, and weight requirements described in Subsection (b) (1) , (2) , (3) , (4 ) , (5 ) , (6) , (g) and (9 ) until June 1, 1986 . (d) All buses and limousines and all bus and limousine equipment must comply with all applicable federal and state motor vehicle safety standards . (e) This section does not apply to a bus or limousine service with all points of destination outside Dallas and Tarrant counties . 30 �"-_: ,�.,. � Sec. 7-3. DECALS. (a) A holder shall obtain from the administrator a decal indicating a bus or limousine' s authority tc operate at the airport. The decal must be attached to each bus or limousine in a manner and location approved by the administrator. (b) The administrator may cause a decal to be removed from a bus or limousine which at any time fails to meet the minimuR, standards for appearance, condition, age, or equipment . The fee for reissuance of a decal to a bus or limousine from which a decal has been removed by the administrator is $25 . (c) A person commits an -offense if he: �- (1) operates a bus or 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; ' (2) attaches a decal to a vehicle r�ot authorized to� operate as a bus or limousine at �he airport; or (3) pa�ks a vehicle on a bus or limousine holding stand with an ezpired decal or with no decal affixed to it . ARTICLE VIII . ENFORCEMENT Sec. 8-1. AUTHORITY TO INSPECT. The administrator may inspect a bus or limousine service operating at the airport to determine whether the service complies uith the rules and regulations established for bus or limousine operation or other applicable law. Sec. 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY. Upon specific request of the administrator , officers of the �,,� airport 's department of public safety may assist the administzator in the enforcement of the rules and regulations . Sec. 8-3 _ CORRECTION ORDER. � (a) If the administrator determines that a holder is in violation of the terms of its operating authority, the rules and reguiations, a lawful order of the administrator , or other law, the administrator may 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 31 ��I � � II, unsafe or functioning improperl , the adm' ' , Y inistrator shall order , the holder to immediately cease use of the equipment. '�, (b) If the administrator determines that a violation is an i imminent and serious threat to the public health or safety, the li administrator shall 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 I considers necessary to the immediate enforcement of the order. �I (c) The administrator shall include in a notice issued �,I under this section: ��i (1) an identification of the violation; 'I (2) the date of issuance of the notice; � (3) the time period within which the violation must "`�`" be corrected; � (4 ) a warning that failure to comply with the order may result in suspension or revoc�ation of operatir�g authority, imposition of a fine, or both; and I� (5) a statement indicating that the order may be �, appealed to the executive director of the airport . li Sec. 8-4 . SERVICE OF NOTICE. 'i � (a) A holder shall designate and maintain a representative �, to: . I (1) receive service of notice required under the , rules and regulations to be given a holder; and �I (2) serve notice required under the rules and i regulations to be .given a driver employed by or contracting with a holder . I� (b) Notice required under the rules and regulations to be �I given: (1) a holder must be personally served by the � administrator on the holder or the holder ' s designated representative 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 of the holder; I�, (2 ) a driver licensed under Article III must be I personally served by the administrator or served by certified !I United States Mail , five-day return receipt requested, to the I 32 �.� ,�..,, � address, last known to the administrator, of the person to be notified, or to the designated representative for the driver; or (3) a person other than a drivPr licensed under Article III or a tiolder may be served in the manner prescribed by Subsection (b) (2) of this section. (c) Service executed in accordance with this section constitutes notice to the person to whom the notice is addresse�. The date of service for a notice that is mailed is the date of receipt . Sec. 8-5 . APPEALS. (a) If the administrator denies issuance or renewal of bus or limousine operating authority, suspends or revokes bus or limousine operating authority, denies issuance or renewal of a bus/limo�,�sine driver ' s permit , suspends a bus/limousine driver ' s permit under Section 3-12 , revokes a bus/limousine - driver ' s permit, or issues a correction order under Secti�n • 8-3, the action is final unless , within 10 days from the date of receiving notice of the action, the affected applicant , holder , or driver files an appeal , in writing, with the eaecutive director of the airport specifying the reasons tor the appeal . (b) The executive director of the airport or his designated representative shall act as the appeal nearing 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 . (c) 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 . (d) The appealing party shall comply with the decision of the appeal hearing officer. � Sec. 8-5 . CRIr:INAL OFFENSES. (a) 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 $20A . 33 �"�_ � (b) Prosecution of an offense undez Subsection (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. 1006H , � �,,� � 34