HomeMy WebLinkAboutORD 1991-041 �,„,.,. ORDINANCE NO. 91-41
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
`"�`"° OF GRAPEVINE, TEXAS, AMENDING CHAPTER 3 ,
ARTICLE III, DIVISION 2 OF THE GRAPEVINE CODE
OF ORDINANCES BY AMENDING CHAPTER FIVE BUS
AND LIMOUSINE RULES AND REGULATIONS IN ITS
ENTIRETY; BY PROVIDING FOR CODIFICATION; BY
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2, 000. 00) FOR
EACH OFFENSE RELATING TO FIRE SAFETY, ZONING
OR PUBLIC HEALTH AND SANITATION, INCLUDING
DUMPING OF REFUSE AND A FINE NOT TO EXCEED
THE SUM OF FIVE HUNDRED DOLLARS ($500. 00) FOR
ALL OTHER OFFENSES AND EACH DAY AN OFFENSE
OCCURS OR CONTINUES SHALL CONSTITUTE A
SEPARATE OFFENSE, PROVIDED, HOWEVER, THAT
WHERE THE OFFENSE IS ONE FOR WHICH A PENALTY
IS FIXED BY STATE LAW, THE STATE LAW PENALTY
SHALL GOVERN; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
� °� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
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Section 1. That Chapter 3 , Article III, Division 2, Chapter
Fiev of the Grapevine Code of Ordinances is hereby amended in its
entirety by the adoption of Chapter Five A, Five B, Five C and
Five D relative to Shared-Ride Service, Scheduled Shuttle
Service, Bus Rules and Regulations, Limousine Rules and
Regulations respectively. A copy of which is attached hereto and
incorporated herein for all purposes and a copy of which shall be
kept on file in the office of the City Secretary.
Section 2 . The City Secretary is hereby authorized and
directed to provide for the codification of the amendments to
Chapter 3, Article III, Division 2, Chapter Five Bus and
Limousine Rules and Regulations.
Section 3 . Any person, firm or corporation violating any of
the provisions of the 1988 Revised Code of Rules and Regulations,
as amended, of the Dallas Fort Worth International Airport Board,
shall be deemed guilty of a misdemeanor and, upon conviction,
shall be punished by a penalty of fine not to exceed Two Thousand
Dollars ($2000. 00) for each offense relating to fire safety,
� zoning or public health and sanitation, including dumping of
refuse and penalty of fine not to exceed Five Hundred Dollars
($500. 00) for all other offenses, providing, however, that where
;�,r,,, the offense is one for which a penalty is fixed by state law, the
� state law penalty shall govern and providing that each and every
day on which an offense occurs or continues shall constitute a
separate offense.
�°� Section 4. If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person to circumstance, is held invalid or
unconstitutional by a court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of the ordinance, and the City Council hereby declares it would
have passed such remaining portions of the ordinance despite such
invalidity, which remaining portions shall remain in full force
and effect.
Section 5. The fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to
properly safeguard the health, safety, morals, peace and general
welfare of the inhabitants of the City of Grapevine, Texas,
creates an emergency for the immediate preservation of the public
business, property, health, safety and general welfare of the
public which requires that this ordinance shall become effective
from and after the date of its passage and it is accordingly to
ordained.
�- � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 2nd day of July , 1991.
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APPROVED:
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Wil iam D. Tate
Mayor
ATTEST:
Lind Huff
City Secretary
APPROVED AS TO FORM:
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��-.� - C��-°r
� John F. Boyle, Jr. �
City Attorney
� EXHIBIT "A" TO �
ORDINANCE NO. 91-41
�.A
BBA.RED-RIDE SERVICE
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CHAPTER SA
Revised 09-13-90
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ART Z C LE Z. ���
GENERAL PROVISIONS
SECTION 1-1. STATEMENT OF POLICY
SECTION 1-2 . GENERAL AUTHORITY FOR ENFORCEMENT �'"'�
SECTION 1-3 . EXEMPTIONS
' SECTION 1-4 . DEFINITIONS
SECTION 1-5. ESTABLISHMENT OF RULES AND REGULATZONS
SECTION 1-6. ESTABLISHMENT OF PROCEDURES
ARTICLE II.
OPERATING AUTHORITY
SECTION 2-1. OPER.ATING AUTHORITY REQUIRED
SECTION 2-2 . APPLICATION FOR OPERATING AUTHORITY
SECTION 2-3 . LIMITATIONS OF OPER.ATING AUTHORITY
SECTION 2-4 . AMENDMENTS TO OPER.ATING AUTHORITY
SECTION 2-5. RENEWAL OF OPERATING AUTHORITY
SECTION "�-6. DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL.
, SECTION 2-7 . SliSPENSION AND REVOCATION OF OPERATING
AUTHORITY
SECTION 2-8. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION
SECTION 2-9. FEES ; ANNUAL ISSUANCE; SUPPLEMENTAL VEHICLES ;
REFUNDS
SECTION 2-10. DRIVERS �:�
SECTION 2-11. ADVERTISEMENT OF SHARED-RIDE SERVZCE
SECTION 2-12. INSURANCE; SUSPENSION OF PERMIT
SECTION 2-13 . HOLDERS RECORDS AND REPORTS ��
SECTZON 2-14 . MISCELLANEOUS
ARTICLE III
SHARED-RIDE DRIVERS
SECTION 3-1. SHARED-RIDE SERVICE DRIVER'S PERMIT REQUIRED
SECTION 3-2. QUALIFICATIONS FOR SHARED-RIDE SERVICE
DRIVER'S PERMIT
SECTION 3-3 . APPLICATION FOR SHARED-RIDE SERVICE DRIVER'S
PERMIT
SECTION 3-4. INVESTIGATION OF APPLICATION
SECTION 3-5. ISSUANCE AND DENIAL OF SHARED-RIDE SERVICE
DRIVER'S PERMIT
SECTION 3-6. EXPIRATION AND VOIDANCE ON SUSPENSION OR
REVOCATION OF STATE DRIVER'S LICENSE.
SECTION 3-7. PROVISIONAL PERMIT
SECTION 3-8. PERMIT TO BE KEPT IN DRIVER'S POSSESSION.
SECTION 3-9. DUPLICATE PERMIT �
SECTION 3-10. SURRENDER OF PERMIT
SECTION 3-11. SUSPENSION BY A DESIGNATED REPRESENTATIVE
SECTION 3-12. SUSPENSION OF SHARED-RIDE SERVICE DRIVER'S """�!
PERMIT
SECTION 3-13. REVOCATION OF A SHARED-RIDE SERVICE DRIVER'S
PERMIT ,�,�
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SECTION 3-14 . SHA.RED-RIDE OPERATION AFTER SUSPENSION OR
�"""� REVOCATION
SECTION 3-15. APPEAL FROM DENIAL, SUSPENSION, OR REVOCATION
SECTION 3-16. NONTRANSFERABILITY
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SECTION 3-17 . CURRENT MAILING ADDRESS OF DRIVER
ARTICLE ZV
MISCELLANEOUS HOLDER AND DRIVER REGULATIONS
SECTION 4-1 . HOLDER'S AND DRIVER' S DUTY TO COMPLY
SECTION 4-2 . HOLDER' S DUTY TO ENFORCE COMPLIANCE BY DRIVERS
SECTION 4-3 . DRIVER AS EMPLOYEE
SECTION 4-4 . INSURANCE
SECTION 4-5 . HOLDER'S SERVICE RESPONSIBILITIES
SECTION 4-6. ZNFORMATION TO BE SUPPLIED UPON REQUEST OF THE
ADMINISTR.ATOR
ARTZCLE V
� SERVICE RULES AND REGULATIONS
SECTION 5-1. PARKING
SECTION 5-2 . REGULATIONS FOR USE OF HOLDING STANDS
SECTION 5-3 . LOADING AND DISCHARGE OF PASSENGERS
SECTION 5-4 . CRUISING
SECTION 5-5. SOLICITATION AND ACCEPTANCE OF PASSENGERS
SECTION 5-6. CONDUCT OF DRIVER
'� �` SECTION 5-7 . RETURN OF PASSENGER'S PROPERTY
SECTION 5-8 . SHA.RED-RIDE SERVICE
��, SECTION 5-9 . NOT-FOR-HIRE STATUS OF SHARED-RIDE VEHICLES
ARTICLE VI
FARES
SECTION 6-1. R.ATES OF FARE; RECEIPTS
ARTICLE VII
VEHICLES AND EQUIPMENT
SECTION 7-1. VEHICLE REQUIREMENTS AND INSPECTIONS
SECTION 7-2. VEHICLE EQUIPMENT
SECTION 7-3 . DECALS
SECTION 7-4 . FAISE REPRESENTATION AS A SHARED-RIDE SERVICE
ARTICLE VIII
ENFORCEMENT
SECTION 8-1. AUTHORITY TO INSPECT
SECTION 8-2 . ASSISTANCE BY AIRPORT DEPAR'�MENT OF PUBLIC
- SAFETY
SECTION 8-3 . CORRECTION ORDER
� SECTION 8-4. SERVICE OF NOTICE
SECTION 8-5. CRIMINAL OFFENSES.
SECTION 8-6. ADMINISTRATIVE FINES
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SHARED-RIDE SERVICE �
Draft Revision
09-13-90
ART I C LE I. �`'�
GENERAL PROVISIONS
SECTION 1-1. STATEMENT OF POLICY
It is the policy of the Dallas/Fort Worth International Air�ort
Board and the cities of Dallas and Fort Worth to provide for� and
promote adequate and efficient Shared-Ride Services at Dallas/Fort
Worth Znternational Airport. To this end, Rules and Regulations
provide for the monitoring of Shared-Ride Services at the Airport
to be carried out in a manner that protects the public health and
safety, promotes the public convenience and necessity, and respects
the concept of free enterprise.
SECTION 1-2 .� GENER.AL AIITHORITY FOR ENFORCEMENT
, The Director of Transportation for the City of Dallas is
designated as the Administrator of the Dallas/Fort worth
International Airport for Shared-Ride Services and shall implement
� and enforce this chapter and may by written order establish such
' rules or regulations, not inconsistent with this chapter, as
determined necessary to discharge his duty under, or to effect the �''�
policy of this chapter.
SECTION 1-3. EXEMPTIONS ��
(1) These Rules and Regulations do not apply to a Shared-Ride
Service Vehicle or Person operating a Shared-Ride Service Vehicle
that is:
(a) owned by a nonprofit organization and carrying only
passengers associated with that organization, if no compensation is
received from any other person for carrying the passengers; or
(b) provided by an employer or employee association for
use in transporting emplvyees between the employees ' homes and the
employer's place of business or between workstations, with the
employees reimbursing the employer or employee association in the
amount calculated only to offset the reasonable expenses of
operating the Shared-Ride Service Vehicle.
(2) Articles III and VII cf these Rules and Regulations do
not apply to:
(a) the Driver of a Shared-Ride Service Vehicle operated
under authority granted by the Interstate Commerce Commission to '"'�
operate a reqularly scheduled route, if the Driver is operating
within the scope of his employment; or
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(b) a Shared-Ride Service Vehicle operated under
�* � authority granted by the Interstate Commerce Coaunission to operate
a regularly scheduled route.
�.�� (c) It is not a defense to prosecution that the Person
was operating a vehicle granted a certificate issued by the Texas
Railroad Commission, or granted operating authority by the
Interstate Commerce Commission for an irregularly scheduled route.
(3) These Rules and Regulations, except for sections 5-1
through 5-6, do not apply to a Shared-Ride Service that is owned by
the federal or state government or by a political subdivision of
the state. A Person or vehicle exempted under this subsection is
subject to a fee, in an amount to be designated by the Airport
board, for operating at the Airport and using the shared-ride
Holding Stands.
SECTION 1-4...� DEFINITION3
' (1) ADMINISTR.ATOR means the Director of Transportation for
the City of Dallas, the director' s authorized representative or a
designated representative appointed by the D/FW Airport Board.
(2) AIRPORT means the Dallas/Fort Worth International
Airport.
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(3) AIRPORT BOARD means the Dallas/Fort Worth International
Airport Board, the governing body of the Airport.
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(4) CONTIGUOUS means abutting, adjacent, adjoininq,
bordering, and when concerning shared-ride sectors, any address
that can reasonably be determined to be on route to a final
Destination.
(5) CONVICTION means a Conviction in a federal court or a
court of any state or foreign nation or political subdivision of a
state or foreiqn nation that has not been reversed, vacated, or
pardoned.
(6) DESTINATION means an exact and separate place, point, or
address located within a sector or on a route serviced by a
Shared-Ride Service.
(7) DRIVER means an individual who drives or operates a
Shared-Ride Service Vehicle.
(8) HoLDER shall mean an individual partnership,
corporation, jcint venture or other legal entity or relationship
.� granted Operating Authority to provide Shared-Ride Service at the
Airport, or his designated agent.
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(9) HOLDING STAND means a public place reserved exclusively �
for use by Shared-Ride Service Vehicles and includes all authorized
Shared-Ride Service, queuing, loadinq, and holding areas.
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( 10) LAWFUL ORDER shall mean a verbal or written directive
issued by the Administrator or the Administrator' s duly authorized
representative in the performance of their duties in the
enforcement of the Rules and Regulations authorized by this
article.
(11) LEGAL RESIDENT means a citizen of the United States or
a Person residinq in the United States in accordance with federal
immigration laws.
{12) OPER.ATE means to drive or to be in control of a
Shared-Ride Service Vehicle. �
(13) �t9PERATING AUTHORITY means permission granted by the
Administrator to operate a Shared-Ride Service at the Airport.
(14) OPER.ATOR means the Driver of a Shared-Ride Service
Vehicle, the Owner of a Shared-Ride Service Vehicle, or the Holder
of Shared-Ride Service Operating Authority.
! (15) OWNER shall be presumed to mean the Person to whom state �„;,�
license plates for a vehicle have been issued.
(16) PERSON means an individual, corporation, government or `�'�
governmental subdivision, or an agency, trust, partnership of two
or more Persons having a joint or common economic interest.
(I7) PRE-APPROVED means a request for service that was
initiated by a Person contacting the Shared-Ride Service dispatcher
by radio, the airport ground transportation telephone system or
other means and informing them of a need for service at a single
terminal at the Airport.
(18) PRE-ARRANGED means an appointment made by a Shared-Ride
Service with a passenger to provide service, that was initiated by
a Person contacting the Shared-Ride Service by telephone,
correspondence or other oral or written communication.
(19) RULES AND REGULATIONS means the Shared-Ride Service
Rules and Regulations established under Chapter 5A, "Shared-Ride
Service Rules and Regulations", of the Code of Rules and
Regulations of the Dallas/Fort Worth International Airport Board,
as amended. -
(20) SERVICE AREA means the area made up of the counties of ..��
Dallas, Tarrant, Southeast Denton and Southwest Collin.
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�" " (21) SH.ARED-RIDE SERVICE PERMIT means a permit issued
pursuant to this section authorizing Shared-Ride Service
transportation at D/FW Airport.
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(22) SHARED-RIDE SERVICE means the business of offering
transportation for hire by a van-type vehicle on a Pre-arranged or
Pre-approved basis in which:
(a) a Driver employed by the company is included as a
part of the service;
(b) the entire Service Area is covered;
(c) a minimum fleat size of 25 van-type vehicles exists;
(d) all drivers are dressed in a uniform or item of
apparel that clearly distinguishes them as an employee of the
service for w^fiich they drive from all other services authorized by
this section;
(e) a 24-hour, 7-day per week dispatching/reservation
system is maintained;
(f) a two-way radio communication system is maintained at
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all times; and
' (g) a recording device with multi-channel recording and
., ,� dual capabilities for backup purposes is maintained.
(23) SHARED-RIDE SERVICE VEHICLE means a van-type vehicle
with a manufacturer' s rated seating capacity of not less than seven
nor more than 11 passengers including the Driver for the transport
' of Persons operating on a Pre-arranged or Pre-approved basis.
(24) SHARED-RIDE SERVICE nRIVER'S PE
RMIT means a ermit
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issued to an individual by the Administrator authorizing that
individual to operate a Shared-Ride Vehicle at the Airport.
(25) TERMINAL AREAS means the roadways, parking lots, curbside
zones, and sidewalks servicinq the arrival and departure areas of
the Airport terminals including but not limited to Terminals 2W,
2E, 3E, 4E; and, the roadways, parking lots, curbside zones, and
sidewalks servicing the Airport hotels at 3E and 3W.
SECTION 1-5. ESTABLISHMENT OF RIILE3 AND REGIILATIONS
(1) Before adopting, amending or repealing a rule or
regulation, the Administrator shall hold a public hearing on the
,,,�.. proposal. The Administrator shall fix the time and place of the
hearing and shall notify each Holder and such other Persons as the
Administrator determines maybe interested in the subject matter of
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the hearing.
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(2) After the public hearinq the Administrator shall notify
the Holders and other interested Persons of any action adopting,
amending or repealing a rule or regulation and shall post a notice ��
of such action in one or more conspicuous places including the DFW
International Airport Transportation Requlation office. Such
posting must continue for a period not fewer than ten days. The
action shall become effective immediately upon expiration of the
posting period.
SECTION 1-6. ESTABLISFiMENT OF PROCEDIIRES
Tha Administrator may by written order establish procedures
not inconsistent with the Rules and Regulations which he determines
are necessary to discharge his duty to implement the Rules and
Regulations.
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ARTZCLE II.
OPERATING AUTHORITY
'� SECTION 2-l. OPERATING AIITHORITY REQIIIRED
(1) A Person or Owner shall not operate a Shared-Ride Service
for the transport of Persons for hire at D/FW Airport without a
' permit granted under this article.
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' (2) A Person or Owner shall not transport a passenger for
hire or solicit the transport of a passenger for hire by ��
Shared-Ride Service at D/FW Airport unless the Person driving the
vehicle or another who employs the Driver holds a valid permit
issued under this article.
(3) It is NOT a defense to t�re prosecution that the
Shared-Ride Service originated the trip in another city, bringinq
passengers into the D/FW Airport to be returned to their original
location.
SECTION 2-2. APPLICATION FOR OPER.ATING AIITHORITY
(1) To obtain issuance of a Shared-Ride Service permit, a
Person shall submit an application on a form provided by the
Administrator and a non-zefundable fee of $150 for processing the
application to the Administrator. The applicant must be the Person
who owns, or will own , the proposed service
and the application must be verified and contain the following:
� (a) the form of business and copies of any documents
establishing the business, and the name, address, and citizenship
of each Person with direct interest in the ownership of the
business; �
_ (b) complete name, address, and a notarized signature of
the applicant; �,�
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(c) a description of any past business experience of the
"F a a licant
pp , particularly ir. providing passenger transportation
services, and an identification and description of any revocation
or suspension of a permit held by the applicant or business before
�N-A the date of filing the application;
(d) a list verifying that a minimum of 25 van-type
vehicles shall begin the service, which list shall include a
complete description of each such vehicle, including year, make,
model, manufacturer' s rated seating capacity, motor identification
number and state license registration;
(e) a description of the service to be offered that
includes a map of the entire Service Area divided to indicate the
sectors and instructions that should be followed to obtain the
service to;
(f� exact rates to be charged for the service;
' (g) documentary evidence satisfactory to the
Administrator from an insurance company, authorized to do business
in the state of Texas, indicating a willingness to provide
liability insurance required by this section;
(h) proof of application to the D/FW Properties and
,� � Facilities Department to be included on the D/FW Ground
Transportation Board
'�� (1) a Holder shall have 30 days after receivinq
shared-ride service Operating Authority to pay all fees and meet
all requirements of the D/FW Properties and Facilities Department,
and be included on the D/FW Ground Transportation Board at the
Airport.
(2) A Holder shall maintain and keep current any
information contained on the D/FW Ground Transportation Board;
(i) proof of application to the FCC for a radio
dispatching service license as required by U.S. Federal law; and
(j ) such additional information as the Administrator may
consider necessary to assist or promote the implementation or
enforcement of these Rules and Regulations for the protection of
the public safety, or to meet any other local, state or federal
laws, rules, regulations or guidelines.
(2) Upon receipt of an complete application for a permit, the
Administrator shall promptly notify in writing, all other Persons
holding an permit to operate a Shared-Ride Service at D/FW Airport
informing them of the application, and notifying them that the
� application may be reviewed at the D/FW Airport Transpertation
: Regulation office, for a period not to exceed 10 days from the date
of application.
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(3) Within 45 days after notification to existinq companies of �
the proposed application, the Administrator shall approve or deny
issuance of a Shared-Ride Service permit provided no protests have
been filed. ir�
(a) Upon receipt of a protest, the Administrator shall
hold a public hearing on the proposed service to determine whether
the applicant ' s proposed service interferes with or adversely
affects existing Shared-Ride Services =:�T by
� increasing curbside or
traffic congestion at the Airport.
(b) The Administrator shall fix the time and place of
the hearing and shall notify each Holder and such other Persons as
the Administrator determines maybe interested in the subject matter
of the hearing.
(4) Th� Administrator shall deny issuance of a Shared-Ride
Service permit if he finds that:
(a) the public convenience and necessity do not require
or are not otherwise served by the proposed service.
�' (b) the applicant failed to comply with all
requirements of this section; �,�
(c) the applicant or any Person holding an ownership !
interest in the application has been convicted twice within a �""''�
two-year period of a violation of these Rules and Regulations;
(d) the applicant made a false statement as to a
, materiai matter in the application for permit;
(e) the applicant or any Person holding an ownership
interest in the application has been finally convicted of a
violation of a city, state, or federal law that would reasonably
tend to indicate that the applicant is not fit to perform a
shared-ride shuttle service; or
(f) the applicant's Shared-Ride Service permit has been
revoked within a two year period prior to the date of application.
SECTZON 2-3. LIMITATION3 OF OPERATING AIITHORITY
(1) When issued, a permit shall only provide operatinq
Authority for the operation of a Shared-Ride Service at the
Airport. "
. (2) A permit, when issued shall contain conditions as �
determined necessary by the Administrator to protect the public
health, safety and welfare, including but not limited to:
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� � (a) number and type of vehicles to be used in the
permitted service;
� � (b) number of passengers that may be transported in each
vehicle;
(c) maximum rates to be charged for the permitted
service;
(d) operating procedures; and
(e) special conditions or restrictions.
(3) A Person commits an offense if he fails to comply with
conditions placed on the permit under which he is operating a
Shared-Ride Service.
SECTZON 2-4:^- AMENDMENTS TO OPERATING AUTHORITY
(1) A Holder desiring to amend the terms or conditions of
its penait shall submit a written request to the Administrator. A
non-refundable amendment fee in accordance with the Dallas/Fort
Worth Airport Board schedule of charges, as amended , must
accompany a request for any material change to the Operating
p ,
Authority. The request shall include:
(a) the nature of the proposed change;
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(b) the date the proposed change is to take effect.
(2) The Administrator may approve an amendment unless it is
in violation of or inconsistent with the provisions of the Rules
and Regulations. •
(3) Amendments to a Shared-Ride Service permit to increase
the number of authorized vehicles or change rates may be made by
the Administrator only upon written application and payment of any
additional fees that may be required.
(4) If a Shared-Ride Service experiences vehicular problems
which require additional vehicles to either maintain the 25 vehicle
minimum or provide additional service, for a period not to exceed
10 days, the �service may request a temporary amendment for
supplemental vehicles by submitting a written application to the
Administrator. The application must state the reason supplemental
vehicles are needed and identify all vehicles to be used.
Supplemental vehicles authorized must comply with insurance�
requirements, vehicle requirements, permit fees, and any other
. requirements of this section. The supplemental vehicles are subject
� to inspection by the Administrator, who may at anytime order unsafe
vehicles to be removed from service.
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SECTION 2-5 . RENERAL OF OPERATING AUTHORZTY
(1) A permit Holder shall apply for renewal at least 30 days ��
before expiration of the permit.
(2) Within a reasonable time after the date of application,
the Administrator shall approve or deny the application for
renewal.
(3) The Administrator shall renew the Operating Authority if
the Administrator determines that:
(a) the permit Holder has performed satisfactorily under
the terms of the permit;
(b) the service provided continues to be necessary for or
to otherwise serve the public convenience and necessity;
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(c) the permit Holder has complied with all requirements,
'�, rules, procedures and regulations.
SECTION 2-6. DENIAL OF APPLICATION FOR ISSIIANCE OR RENERAL.
' The Administrator shall deny issuance or renewal of a Shared-Ride
', Service permit if he determines that the applicant or any Person A'�
', holding an ownership interest in the applicant has:
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, (1) made a false statement as to a material matter in the
' application for permit renewal ;
' (2) failed to comply with the terms and conditions of the
, permit for which application for renewal is made;
(3) been finally convicted of violating another city, state or
federal law which would reasonably tend to indicate that the Holder
is not fit to perform a Shared-Ride Service; or
(4) been finally convicted either twice, suspended twice, or
convicted once and suspended once, for a violation of the Rules and
Regulations, or procedures within tha precedinq two years;
(5) had its Shared-Ride Service Operating Authority revoked
within the preceding 2 years.
SECTION 2-7. BIISPEN3ION AND REDOCATION OF OPERATING AIITHORITY
(1) The Administrator may suspend or revoke a Shared-Ride
Service permit, or set an administrative fine (except as to (1) (d)
hereof) within the limits provided by law, if he determines that '"�
the Holder has;
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,�� (a) made a false statement as to a material matter in an
application for issuance or renewal of Operating Authority;
(b) failed to comply with the provisions of these Rules and
�"" Regulations� and�-or procedures , or Lawful Orders established by the
Administrator pursuant to Section 1-2 of these Rules and
Regulations.
(c) failed to comply with conditions set forth in the permit;
(d) has been finally convicted of a violation of another City,
State or Federal Law which indicates lack of fitness of the Holder
to perform a Shared-Ride Service;
(e) failed to pay all required fees; or
(f) failed to surrender scrip tickets for the payment of fees
prescribed ��n Section 2-9 in the manner approved by the
Admini.strator.
(2) The Administrator may suspend a Holder' s permit for a period
not ta exceed 60 days or set an administrative fine in accordance
' with :�ection 8-7 . At the end of the suspension period, the Holder
may resume operating at the Airport, providing the deficiency
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causing the suspension has been corrected by the Holder.
(3) A Holder whose Operating Authority has been revoked shall
not reapply for Operating Authority before the expiration of 24
`� '�` months from the date of r2vocation, or in the case of an appeal ,
the date the appeal hearing officer affirms the revocation.
SECTION 2-8. APPEAL OF DENIAL, SIISPENSION, OR REVOCATION
(1) If the Administrator denies issuance or renewal of
Shared-Ride Service Operating Authority, suspends or revokes
Shared-Ride Service Operating Authority, denies issuance or renewal
of a Shared-Ride Service Driver's Permit, suspends a Shared-Ride
Service Driver's Permit or revokes a Shared-Ride Service Driver' s
Permit, or issues a correction order, the action is final, unless
within 10 days of receiving written notice of the action, the
effected applicant, Holder, or Driver files an appeal in writing
with the executive director of the Airport specifying the reason
for the appeal.
(2) The Executive Director of the Airport or his designated
representative shall act as the appeal hearing officer in an appeal
hearing under this section. The hearing officer shall give the
appealing party an opportunity to present evidence and make
arqument in his behalf. The formal rules of evidence do not apply
"� to an appeal hearing under this secticn and the hearing officer
shall make his ruling on the basis of a preponderance of evidence
presented at the hearing.
10
���
(3) The hearing officer may affirm, modify, or reverse all or
part of the action or order of the Administrator being appealed.
The decision of the hearing officer is final unless the action ,�,�
appealed from is a suspension, revocation or denial of a Person' s
license, Operating Authority or permit because of the Person' s
prior Conviction of a crime and the crime ' s relationship to the
license, Operating Authority or permit. In that event, the
appealing party may seek judicial review of the action by the
hearing officer in the State District Court pursuant to Texas
Revised Civil Statues Annotated, Article 6252-13d.
SECTION 2-9 . FEES; ANNUAL ISSIIANCE; SIIPPLEMENTAL VEHICLES;
REFIINDS
(1) The annual fee for a shared-ride service permit shall be
established in accordance with the Dallas/Fort Worth International
Airport Board Schedule of Charqes, as amended. Fees shall be paid
to the Administrator before Operating Authority is issued.
' (2) If a company is authorized to operate more than one type of
transportation service, a separate permit fee must be paid for each
type of permit held.
�
' �(3) A Shared-Ride Operating Authority permit may be issued for
a duration of no more than one year and shall expire on October 31 ��
of each year unless otherwise designated in the Oper�*_;.:,g
Authority. If a permit is issued for a length of time less ;,_ :n ��;
one year, the fee shall be prorated , on ` �
basis of the number of davs in the month• �
(4) A permit amended to increase the number of vehicles us
shall require the Administrator to compute and collect an adjust,
amount for the fee as a result of the increase. ,
The fee for a temporary permit amendment authorizing supplementa�
vehicles shall be computed at the rate of $20 per vehicle.
(5) No refund of an annual permit fee shall be made.
(6) Each vehicle to be used shall be inspected and issued a
decal in accordance with Section 7-4 by the Administrator. The fee
for such inspection shall be in accordance with the Dallas/Fort
, Worth International Airport Board Schedule of Charges.
(7) In addition to the annual fee required in Subsection (1)
and the inspection fee required in Subsection (6) , the Holder of
Shared-Ride Service Operating Authority shall pay exit feas in
accordance with the Dallas/ Worth International Airport Board
Schedule of Charges, as amended, in a manner prescribed by the �
Administrator, each time a Shared-Ride Service Vehicle exits the
, Airport.
��
11
���
6ECTION 2-10 . DRIYERB
(1) A Person shall not drive a vehicle engaged in Shared-Ride
Service unless the Person has a valid Shared-Ride Service Driver' s
`� Permit.
(2) A Holder of a Shared-Ride Service Permit shall not employ
or otherwise allow a Person to drive for hire a vehicle owned,
operated or controlled by the Holder unless the Person has a valid
Shared-Ride Service Driver' s Permit.
SECTION 2-11. ADVERTISEMENT OF SH.ARED-RIDE SERVICE
(1) A Person commits an offense if he advertises or causes to
be advertised the operation of a Shared-Ride Service at D/FW
Airport that does not have a valid permit granted under this
article, when the advertisement is reasonably calculated to be seen
by Persons s.eeking such service at D/FW Airport.
(2) It is a defense to t-ke prosecution under Subsection ( 1)
that the Person was the publisher lbut not the owner) of the
advertising material and had no knowledge that the service was not
permitted under this article.
SECTIQN 2-12 . INSIIR.ANCE; SIISPENSION OF PERMIT
� .„
(a) A Holder shall procure and keep in full force and eff_ 3
� �.
policy of liability insurance as specified in Section 4-4 .
(b) Operating Authority will not be granted or renewed unle �
the applicant or Holder furnishes the required proof of insuran
to the Administrator in such manner or form as the Administrat
considers necessary in order to determine whether the applicant :
Holder is adequately insured as specified in Section 4-4 .
SECTION 2-13. HOLDERS RECORDS AND REPORTS
(1) Each Holder shall maintain at a single location such
categories of its business records of its service as the
Administrator may prescribe.
(2) The method used in maintaining the records must be approved
by the Administrator and the Administrator may require maintenance
of certain records which he determines necessary for monitoring the
activities, operations, service or safety record of a Holder.
(3) A Holder shall maintain a record of the Driver of each
Shared-Ride Service Vehicle. The records shall include the name of
� each Driver who has operated the Shared-Ride Service Vehicle and
the dates and times of each driver's operation of the vehicle.
�
I2
(4 ) A Holder shall make such records available for inspection by �{�
the Administrator, or provide the Administrator with information
contained in those records upon request.
�.�
SECTION 2-14 . I�SISCELLANEOIIS
(a) An applicant or Holder under this article shall not allow
the payment of any fees required by these Rules and Regulations to
become delinquent or past due.
(b) A Holder ' s Operating Authority, permit, emblem, or decal is
not transferable.
(c) Drivers of Shared-Ride Service Vehicles must qualify and be
permitted for a Shared-Ride Service Driver' s Permit.
ARTICLE ZII
-^- SHARED-RIDE DRIVERS
SECTION 3-l. SHARED-RIDE SERVZCE DRIPER�S PERMIT REQIIIRED
� �
(1) A Person shall not operate a Shared-Ride Service Vehicle
at the Airport without a valid Shared-Ride Service Driver' s Permit
I issued to the Person under this article.
', (2) A Holder of a Shared-Ride Service Permit shall not employ ���
or otherwise allow a Person to operate in Shared-Ride Service a
Vehicle owned or controlled by the Holder unless the Person has a ��
valid Shared-Ride Service Driver's Permit issued under this
article.
(3) It is NOT a defense to prosecution that the Person was
operating a vehicle granted a certificate issued by the Texas
Railroad Coauaission, or granted Operatinq Authority by the
Interstate Commerce Commission for an irregularly scheduled route
SECTION 3-2 . QIIALIFICATION3 FOR SHA.RED-RIDE SERVICE DRIVER�B
PERI�iIT
(1) To qualify for a Shared-Ride Service Driver' s Permit an
applicant must:
(a) be at least 19 years of age;
(b) be currently authorized to work full-time in the United
States;
�
(c) hold a valid driver's license issued by the State of
Texas;
��
13
�,K� (d) be able to communicate effectively in the English
lanquage;
(e) not be afflicted with a physical or mental disease or
�� disability that is likely to prevent the applicant from exercising
ordinary and reasonable control over a motor vehicle or that is
likely to otherwise endanger the public health or safety;
(f) not have been convicted of more than four moving traffic
violations arising out of separate transactions; (within any 12
month period during the preceding 36 months) ;
(g) not have been involved in more than two motor vehicle
accidents in which it could be reasonably determined that the
applicant was at fault (within any 12 month period during the
preceding 36 months) ;
�h) not,,..have been convicted of a crime;
(A) involving;
(i) criminal homicide as described in Chapter 19
of thp Texas Penal Code;
(ii) kidnapping as described in Chapter 20 of the
� =- Texas Penal Code;
(iii) a sexual offense as described in Chapter 21 of
'��� the Texas Penal Code;
(iv) an assaultive offense as described in Chapter
22 of the Texas Penal Code;
(v) robbery as described in Chapter 29 of the
Texas Penal Code;
(vi) burglary as described in Chapter 30 of the
Texas Penal code, but only if the offense was committed against a
Person with whom the applicant came in contact while engaged in a
passenger transportation service;
(vii) theft as described in Chapter 31 of the Texas
Penal Code, but only if the offense was committed against a Person
with whom the applicant came in contact while engaged in a
passenger transportation service;
� (viii) fraud as described in Chapter 32 of the Texas
Penal Code, but only if the offense was committed against a Person
with whom the applicant came in contact while engaged in a
� passenger transportation service;
�
14
(ix) tampering with governmental records as �
described in Chapter 37 of the Texas Penal Code, but only if the
offense was committed in connection with a passenger transportation
service; �,�
(x) public indecency (prostitution or obscenity)
as described in Chapter 43 of the Texas Penal Code;
(xi) the transfer, carrying, or possession of a
weapon in violation of Chapter 46 of the Texas Penal Code, but only
if the violation is punishable as a felony;
(xii) a violation of the Dangerous Drugs Act (Art.
44 76-14, Vernon's Texas Civil Statutes) ;
(xiii) a violation of the Controlled Substances Act
(Art. (4476-15, Vernon' s Texas Civil Statues) that is punishable as
a felony; o�-
� (xiv) criminal attempt to commit any of the
' offenses listed in subdivision (h) (A) (i) through (xiii) of this
subsection;
, (B) and, for which
�i
I �r�
I (i) less than two years have elapsed since the date
of Conviction or the date of release from confinement imposed for
, the Conviction, whichever is the later date, if the applicant was '��
convicted of a misdemeanor offense;
I'�, (ii) less than five 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 felony offense; or
(iii) less than five years have elapsed since the
date of Conviction or the date of release from confinement imposed
for the last Conviction, whichever is the later date, if, within
any 24 month period, the applicant has two or more Convictions of
any misdemeanor offense or combination of misdemeanor offenses;
(i) not have been convicted of or discharged by probation or-
deferred adjudication for, driving while intoxicated:
(A) within the preceding 12 months; or
(B) more than one time within the preceding five years;
(j) not be addicted to the use of alcohol or narcotics; „�„�
(k) be subject to no outstanding warrants of arrest;
�.�
15
�, �
(1) be sanitary and well-groomed in dress and Person;
(m) be recom.mended by a permit Holder; and
,�,M, {n) have successfully completed within the preceding 12 months
a defensive drivinq course approved by the Texas Education Agency
and be able to present proof of completion;
(2) An applicant who has been convicted of an offense listed in
Subsection (1) (h) or (i) , for which the required time period has
elapsed since the date of Conviction or the date of release from
confinement imposed for the Convictian, may qualify for a Shared-
Ride 5ervice Driver' s Permit only if the director determines that
the applicant is presently fit to engage in the occupation of a
Shared-Ride Service Driver. In determining present fitness under
this section, the director shall consider the followinq:
(a) the extent and nature of the applicant' s past criminal
activity;
(b) the age of the applicant at the time of the commission
of the crime;
(c) the amount of time that has elapsed since the applicant ' s
last c:riminal activity;
�. ..
(d) the conduct and work activity of the applicant prior to
and fc�llowing the criminal activity;
�..�
(e) evidence of the applicant' s rehabilitation or
rehabi.litative effort while incarcerated, following release, or
otherw�ise following Conviction; and
(f) other evidence of the applicant' s present fitness,
including letters of recommendation from prosecution, law
enforc.ement, and correctional officers who prosecuted, arrested, or
had custodial or rehabilitative responsibility for the applicant;
the sheriff and chief of police in the community where the
applicant resides; and any other Persons in contact with the
applicant.
(3) It is the responsibility of the applicant, to the extent
possible, to secure and provide to the Administrator the evidence
required ta determine present fitness under Subsection (2) of this
section.
(4) As an additional qualification for a Shared-Ride service
Driver' s Permit, the Administrator may uniformly require applicants
to pass an examination given by the Administrator that tests an
,,,�, applicant's knowledge of traffic laws, a driver' s duties under the
Rules and Regulations, and the geography and road networks of the
cities or counties surrounding the Airport.
�
16
SECTION 3-3 . APPLICATION FOR SHARED-RIDE SEROICE DRZVER�B PERMIT �
To obtain a Shared-Ride Service Driver's Permit or renewal of
a Shared-Ride Service Driver' s Permit a Person must file a ��
completed written application with the Administrator on a form
provided for the purpose and may be required to pass an examination
testing an applicant� s general knowledge of traffic laws, road
networks, and the geography of the Airport. The Administrator s3�ai-�
may require each application to state such information as he
considers necessary to determine whether an applicant is qualified.
SECTION 3-4 . INPESTIGATION OF APPLZCATZON
(1) The Administrator may, for the purpose of determininq
qualification to drive a Shared-Ride Service Vehicle, require an
applicant to submit to a physical examination at the applicant' s
expense, conducted by a licensed physician acceptable to the
Administratc3r and to furnish the Administrator a statement signed
by the physician, certifying that in the physician' s professional
, opinion the applicant is qualified to operate a Shared-Ride Service
' Vehicle.
I (2) The Administrator may conduct any other investigation the
� Administrator considers necessary to determine the fitness of an
applicant. �,�
SECTION 3-5. ISSIIANCE AND DENIAL OF SFIARED-RIDE SERVZCE DRIVER� S
PERMIT rrr i�
(1) If the Administrator determines that an applicant is
, qualified, the Administrator shall issue a Shared-Ride Service
Driver' s Permit to the applicant.
(2) The Administrator shall delay until final adjudication or
- other dis�osition the approval of the application of any applicant
who is under indictment for or has charges pending for:
(a) a felony offense involving a crime described in Section
3- 2 (h) (A) (i) , (ii) , (iii) , (iv) , or (v) or criminal attempt to
coaunit any of those offenses ; or
(b) any offense involving driving while intoxicated.
(3) The Administrator may deny the application for a Shared-
Ride Service Driver's Pertnit if the applicant: -
(a) is not qualified under Section 3-2 ; �
(b) refuses to submit to or does not pass a medical or
written examination authorized under Section 3-4 ; or ,,,�,�;
17
� (c) makes a false statement of a material fact in his
application for a Shared-Ride Service Driver' s Permit;
(4 ) If the Administrator determines that a permit should be
� � denied the applicant, the Administrator shall notify the applicant
in writinq that his application is denied and include in the notice
the reason for denial and statement informing the applicant of his
right of appeal .
(5) The Administrator may issue a probationary Shared-Ride
Service Driver' s Permit to an applicant who is not qualified for a
Shared-Ride Service Driver' s Permit under Section 3-2 if the
applicant:
(a) could qualify under Section 3-2 for a Shared-Ride
Service Driver's Permit within one year from the date of
application;
.�.
(b) holds a valid state driver' s license or occupational
driver. ' s license; and
(c) is determined by the Administrator, using the criteria
listed in Section 3-2 (2) of this article, to be presently fit to
engage in the occupation of a Shared-Ride Service Driver.
�• (E�) A probationary Shared-Ride Service Driver' s Permit may be
issued for a period not to exceed one year.
�~° � (7') The Administrator may prescribe appropriate terms and
condit:ions for a probationary Shared-Ride Service Driver' s Permit
as the Administrator determines are necessary.
SECTIaN 3-6. EXPIR.ATION AND VOID�NCE ON SIISPENSION OR
RE40CATION OF STATE DRIVER�S LICENSE.
(1) Except in the case of probationary and provisional licenses,
a Shared-Ride Sezvice Driver's Permit expires two years from the
date nf issuance on the date that the Driver's state driving
license expires.
(2) If a Driver's state driver's license is suspended or revoked
by the state, the Driver's Shared-Ride Service Driver's Permit
automatically becomes void.
(3) A Driver shall notify the Administrator and the Holder for
whom the Driver drives within three days of a suspension or
revocation of the his Driver's license by the state and shall
immediately surrender the his Shared-Ride Service Driver' s Permit
to the Administrator.
�..�
�
18
SECTION 3-7 . PROVISZpNAL PERMZT ��
(1) The Administrator may issue a provisional Shared-Ride
Service Driver' s Permit if he determines that it is necessary w��i
pending completion of investigation of an applicant for a Shared-
Ride Service Driver' s Permit.
(2) A provisional Shared-Ride Service Oriver' s Permit expires on
the date shown on the permit, not to exceed 45 days, or when the
applicant is denied a Shared-Ride Service Driver' s Permit,
whichever comes first.
(3) The Administrator shall not issue a provisional permit to a
Person who has been previously denied a Shared-Ride Service
Driver's Permit.
SECTION 3-S. PERMIT TO BE ICEPT ZN DRIPER�B P03SE38ION.
..,.
While on duty a Shared-Ride Service Driver shall conspicuously
, display his Shared-Ride Service Driver' s Permit issued by the
'� Administrator on the upper portion of his outer clothing.
SECTION 3-9 . DIIPLICATE PERMIT
If a Shared-Ride Service Driver' s Permit is lost, stolen, or
destroyed, the Administrator shall issue the Driver a duplicate '���
�i permit upon receiving payment of a duplicate permit fee of in
� accordance with the Dallas/Fort Worth International Airport Board r.�
i Schedule of Charges.
II SECTION 3-10 . SIIRRENDER OF PERMIT
' (1) The Shared-Ride Service Driver' s Permit is the property of
the Dallas /Fort Worth International Airport Board and must be
surrendered u�on termination or when deamed invalid or upon request
� by the Administrator, or a D/FW Airport Board official, peace
officer, or City of Dallas Transportation Regulation Employee.
(2) A Shared-Ride Service Driver shall allow the Administrator,
a D/FW Airport Board official, peace officer, or City of Dallas
Transportation Regulation employee to examine his Shared-Ride
Service Driver' s Permit upon request
SECTION 3-11. SIISPENSION BY A DESIGNATED REPRESENTATZVE
(1) If a representative designated by the Administrator to
enforce these Rules and Regulations determines that a permittee has
failed to comply with the Rules and Requlations (except 3-2) , the
representative may suspend the Shared-Ride Service Driver's Permit
- for a period of time not to exceed 30 days by servinq the Driver ��
with a written notice of the suspension. The notice must include:
.��
� 19
{a) the reason for the suspension;
�, .a
� {b) the date the suspension begins;
� ,� (c) the duration of the suspension; and
(d) a statement informing the Driver of his right to appeal .
(2) A suspension under this section may be appealed to the
Administrator if the Driver submits a written reauest
to appeal to the Administrator within ten days of receiving written
notice of the suspension. When an appeal is requested, the
suspension may not take effect until a decision on the appeal is
issued by the Administrator.
(3) The Administrator may order an expedited hearing under this
sectian, to be held as saon as possible after the Driver requests
an appeal. The Aci�ainistrator may affirm, reverse, or modify the
order of the"`representative.
(4) A Driver whose Shared-Ride Service Driver' s Permit is
susper.�ded shall not originate a trip for hire inside the Airport
during the period of suspension. The Administrator may also order
that �he Driver not terminate trips at the Airport during the
period. of the suspension.
� ' SECTION 3-12. SIISPENSION OF SHARED-RIDE SERVICE DRIPER� S PERMIT
�..� (1) If the Administrator determines that a Driver has failed to
comply with any provision of the Rules and Regulations (except
Section 3-2) , the Administrator may suspend the Shared-Ride Service
Driver' s Permit for a definite period of time not to exceed six (6)
months or set an administrative fine in accordance with Section
8-7 .
(2) If at any time the Administrator determines that a Driver is
not qualified under Section 3-2, the Administrator may suspend the
Shared-Ride Service Driver's Permit until such time as the
Administrator determines that the Driver is qualified. A Driver
shall provide the Administrator or his designated representative
with necessary information or proof of his qualifications upon
raquest.
(3) A Driver whose Shared-Ride Service Driver's Permit is
suspended shall not originate a trip for hire inside the Airport
during the period of suspension. The Administrator may also order
that the Driver not terminate trips at the Airport during the
period of the suspension.
�u� (4) The Administrator shall notify the Driver in writing of a
suspension under this section and includa in the notice:
�"'" 2 0
(a) the reason for the suspension; �*
(b) the date the Administrator orders the suspension to begin;
and �,,�
(c) a statement informing the Driver of his right of appeal .
(5) The period of suspension beqins on the date specified by the
Administrator or, in the case of an appeal, on the date ordered by
the appeal hearing officer.
SECTZON 3-13 . REVOCATION OF A SHARED-RIDE SERVICE DRIVER� B PERMZT
(1) The Administrator may revoke a Shared-Ride Service Driver' s
Permit if the Administrator determines that the Driver:
(a) op�rated a Shared-Ride Service Vehicle inside the Airport
during a period in which the Driver' s Shared-Ride Service Driver' s
, Permit was suspended; or
(b) made a false statement of a material fact in the driver' s
application for a Shared-Ride Service Driver's Permit; or
(c) operated a Shared-Ride Service Vehicle for a Person not ^,,�
I holding a valid Shared-Ride Service permit.
, (d) was convicted of any felony offense listed in Section 3-2 "'��
',, while holding a Shared-Ride Service Driver's Permit.
I (e) engaged in conduct that constitutes a round for
g
i suspension under Section 3-10 (1) and received either a suspension
'�, in excess of 10 days or a Conviction for violation of the Rules and
' Regulations, two times within the 12-month period preceding the
conduct or three times within the 24-month period preceding the
conduct;
(f) engaged in conduct that could reasonably be determined to
be detrimental to the public safety;
(g) failed to comply with a condition of a probationary
permit; or �
(h) failed to surrender the appropriate scrip tickets for the
payment of fees upon exiting the Airport, in a manner approved by
the Administrator.
(2) A Person whose Shared-Ride Service Driver' s Permit is
revoked shall not: �,�
�:�
21
(a) apply for another Shared-Ride Service Driver' s Permit
��' before the expiration of 12 months from the date the Administrator
revokes the permit or, in the case of an appeal, the date the
appeal hearing officer affirms the revocation; or
w�,�
(b) operate a Shared-Ride Service Vehicle inside the
; Airport.
(3) The Administrator shall notify the Driver in writing of
a revocation and include in the notice:
(a) the reason for the revocation;
(b) the date the Administrator orders the revocation; and
(c) a statement informing the Driver of his right of appeal .
SECTION 3-14: SHARED-RIDE OPERATION AFTER SIISPENSION OR REVOCATION
(1) After receipt of notice of suspension or revocation, the
Driver shall , on the date specified in the notice, discontinue
driving a vehicle for hire inside the Airport and shall surrender
his Shared-Ride Service Driver' s Permit to the Administrator.
(2) If the Driver appeals the suspension or revocation under
� , this section, the Driver may continue to drive a vehicle for hire
pending the appeal unless:
+�,� (a) the Driver is not qualified under Section 3-2 ; or
(b) the Administrator determines that continued operation by
the Driver would impose an immediate threat to the public safety.
(3) A Driver shall comply with the decision of the appeal
hearing officer.
(�4) Upon completion of a suspension, it is the driver' s
responsibility to retrieve his permit prior to resuminq operations.
3ECTION 3-15. APPEAL FROM DENIAL, SIISPENSION, OR REVOCATION
(1) The denial of an application for issuance or renewal of
a Shared-Ride Service Driver's Permit, a suspension of a Shared-
Ride Service Driver' s Permit under Section 3-12 , or a revocation of
a Shared-Ride Service Driver's Permit may be appealed in accordance
with Section 2-8 of the Rules and Regulations.
SECTION 3-16. NON-TRANSFERABILITY
� (1) A Shared-Ride Service Driver's Permit, badge, decal,
ticket or emblem assigned to one Person or vehicle is not
transferable to another.
� 22
(2) A Shared-Ride Service Driver' s Permit is not transferable ,�
to another company and becomes invalid upon termination of the
driver' s employment for any reason, unless authorized by the
Administrator.
��Y
(3) A Person commits an offense if he:
(a) forges, alters, or counterfeits a Shared-Ride Driver' s
permit, badge, decal , ticket, or emblem required by the Rules and
Regulations or other applicable law; or
(b) possesses a forged, altered, or counterfeited Shared-
Ride Driver' s permit, badge, decal, ticket, or emblem required by
the Rules and Regulations or other applicable law; or
(c) possesses more than one Shared-Ride Driver' s permit,
badge, decal, ticket, or emblem required by the Rules and
Regulations or other applicable law.
..,.
SECTION 3-17 . CIIRRENT MAILING ADDRESS OF DRIVER
(1) A Person issued a Shared-Ride Service Driver' s Permit
shall maintain a current mailing address on file with the
Administrator.
(2) The Driver shall notify the Administrator of any change in �w+�
this mailing address within five business days of the change.
' ��
I ARTICLE zv
� MISCELI�ANEOUS HOLDER AND DRIVER REGULATIONS
', SECTION 4-1. HOLDER�B AND DRI4ER�S DQTY TO COMPLY
(1) Holder. In the operation of a Shared-Ride Service, a
Holder shall comply with the terms and conditions of the Holder' s
operating Authority, Lawful Orders of the Administrator, and the
Rules and Regulations, and other laws applicable to the operation
of a Shared-Ride Service.
(2) Driver. While operating a Shared-Ride Service Vehicle at
the Airport, a Driver shall comply with the Rules and Regulations,
other laws applicable to the operation of a motor vehicle in this
state, Lawful Orders of the Administrator, and orders issued by the
Holder employing the Driver in connection with the Holder' s
discharge of its duty under its Operating Authority and the Rules
and Regulations.
wir�
2 3 `�""�
SECTION 4-2 . HOLDER� B DIITY TO ENFORCE COMPLIANCE BY DRIVERB
�. ,b
( 1) A Holder shall establish policy and take action to
discourage, prevent, or correct violations of the Rules and
�,� Regulations, Drocedures and Lawful Orders by drivers who are
employed by the Holder.
(2) A Holder shall not permit a Driver who is employed by the
Holder to operate a Shared-Ride Service Vehicle in Shared-Ride
Service if the Holder knows or has reasonable cause to suspect that
the Driver is in violation of the Rules and Regulations or other
applicable law, the terms of his Shared-Ride Service Driver ' s
Permit, or the Lawful Order of the Administrator.
SECTION 4-3. DRIVER AS EMPLOYEE
(1) All drivers of a Shared-Ride Service shall be bonafide
employees of the Holder.
.h.
(2) A Driver mav not allow another Person to drive or operate
his Shared-Ride Vehicle unless such a Person is emploved by the
holder to operate a Shared-Ride Vehicle and the Driver has written
authoritv from the Holder.
SECTI��N 9-4. INSIIRANCE
'� TM (1) A Holder shall procure and keep in full force and effect
autom��bile liability insurance, written by an insurance company
�ya� approved to do business the State of Texas and acceptable to the
�§-i�p�czt; Administrator. issued in the standard form approved by the
State Board of Insurance. The insured provisions of the policy
must name the City of Dallas, the City of Fort Worth, D/FW
International Airport Board, and their respective officers and
emplo!�ees as additional insureds and the coverage provisions must
provicie coverage for any loss or damage that may arise to any
Person or property by reason of the operation of a Shared-Ride
Servic:e by the Holder.
(2) The automobile liability insurance must provide combined
single limits of liability for bodily injury and property damage of
not less than $500, 000 for each occurrence, or the equivalent, for
each motor vehicle used by the Holder, with a maximum deductible of
not more than $1, 000 per claim. The insurance coverage must
include uninsured and underinsured motorist coverage in amounts not
, less than $40, 000 per accident and $20, 000 per person for bodily
injury and $15, 000 per accident for property damage, or equivalent.
Aggregate limits of liability are prohibited.
(3) If a vehicle is removed from service, the Holder shall
maintain the insurance coverage required by this section for the
vehicle until the director receives satisfactory proof that all
evidence of operation as a Shared-Ride Service Vehicle has been
'�" 2 4
removed from the vehicle, and that the vehicle has in fact been
removed from service. �!
(4) Insurance required under this section must:
w=+�
(a) Include a cancellation provision in which the insurance
company is required to notify the director in writing not fewer
than 30 days before cancelling, failing to renew, or making a
material change to the insurance policy;
(b) Include a provision to cover all vehicles, whether
owned or not owned by the Holder, operated under the Holder ' s
operating Authority;
(5) No insurance required by this section may be obtained
from an assigned risk pool.
(6) Operating Authority will not be granted or renewed
unless the •�pplicant or Holder furnishes the Administrator with
, such proof of insurance as the director considers necessary to
determine whether the applicant or Holder is adequately insured
under this section.
(7) A copy of documents establishing compliance with
insurance requirements shall be on file with the Administrator at
I all times. ��
(8) Failure to maintain minimum insurance standards shall '
result in the immediate suspension of the Holder's Operating ��
� Authority. If the Operating Authority is suspended for failure to
, maintain insurance, it may not be reinstated until satisfactory
� proof of insurance meeting minimum requirements is submitted to and
confirmed by the Administrator.
, (a� A Person commits an offense if he operates a
passenger transportation service while his Operating Authority is
suspended under this Subsection, whether or not the action is
appealed.
(b) A fee for reinstatement of Operating Authority after
a suspension under this Subsection will be in accordance with the
Dallas/Fort Worth International Airport Board Schedule of Charges.
(9) If new insurance is not obtained within 45 days of
being lapsed or canceled, the Holder must submit a new application
for Operating Authority as listed in Section 2-2 , and pay all fees
required by Section 2-9 of these Rules and Regulations.
�
I
25 ��
SECTION 4-5. HOLDER'8 SERVICE RE8PONSIHILITZEB
,�,_ .
(1) A Holder shall provide Shared-Ride Service for passengers
at the Airport in accordance with service levels and standards
' � approved by the Administrator, the Airport Board, and the cities of
Dallas and Fort Worth.
(2) A Holder shall cooperate with the Administrator in all
phases of Shared-Ride Service operations to provide prompt,
efficient, and economical service and shall respond promptly to
specific requests by the Administrator for Shared-Ride Service
durin� periods of shortage.
SECTZON 4-6. INFORMATION TO BE SIIPPLIED IIPON REQUEST OF THE
ADMINISTRATOR
In addition to any other information, and upon request of the
Administrator, a Holder shall submit to the Administrator the
following: �^-
(1) a current list of vehicles ; r
(2) a current financial statement which includes a balance
sheet,/income statement;
�
(3) current names of officers, Owners, managers; and
(4) a current list of drivers employed by the company.
�. �
ARTICLE v
SERVICE RULES AND REGULATIONS
SECTIUN 5-1. PARRING
(1) A Driver shall park only on designated Shared-Ride Service
Holding Stands while serving the Airport.
(2) A Person commits an offense if he:
(a) parks a vehicle on a Shared-Ride Service Holding
Stand without authorization from the Administrator; or
(b) leaves a vehicle unattended on a Shared-Ride Service
Holding Stand; except that a Driver may leave his Shared-Ride
Service Vehicle to provide such assistance to a passenger as is
reasonably necessary after being engaged.
(3) In proving offense under Subsection (2) (a) , it is prima
facie evidence that a vehicle is unauthorized if the vehicle is not
"�"� equipped with a decal in accordance with Section 7-3 of these Rules
and Regulations.
26
(4) A vehicle left unattended on a Shared-Ride Service Holding ��
Stand in violation of Subsection (2) (b) is illegally parked and may
be removed from the Holding Stand and impounded with all towing and
storage fees to be paid by the vehicle Oc�mer. ��
SECTION 5-2 . REGQLATIONS FOR IISE OF HOLDING STANDS
(1) While using a Shared-Ride Service Holding Stand, a
Shared-Ride Driver shall not:
(a) leave his Shared-Ride Service Vehicle except to
provide such assistance to a passenger as is reasonably necessary
after being engaged;
(b) perform or allow to be performed repairs or
maintenance on a Shared-Ride Service Vehicle ; or
(c_) utilize the Holding Stand while off duty.
(2) A Shared-Ride Service Driver shall :
� (a) remain at the Holding Stand only long enough to load
or discharse rassengers and then expeditiously progress to the next
I Holding Stand or exit the Airport; and
'�i (b) enter a Holding Stand only at those times when "�'�!
, meeting pre-arranged or pre-approved passengers.
' SECTION 5-3 . LOADING AND DISCHARGE OF PASSENGERS ��
', (1) A Driver shall load passengers and baggage into a
, Shared-Ride Service Vehicle only at designated Holding Stands.
, (2) Unless otherwise authorized by the Administrator, a Driver
shall use the lower level at terminals to discharge passengers.
SECTION 5-4. CRIII3ING
A Driver shall not cruise the Airport. A Driver is "cruising"
anytime he drives a shared-ride vehicle within 1, 000 feet of a
terminal or hotel on the Airport without:
(1) a passenger to be discharged at the terminal or hotel ;
(2) following the approved schedule and route contained in the
Holder' s Operating Authority, if applicable;
(3) trip authorization by the Administrator;
(4) assignment for a Pre-arranged trip; or ""�'+�
(5) taking a direct route to leave the Airport.
ww�'
'� 2�
i
I
SECTZON 5-5 . SOLICITATION AND ACCEPTANCE OF PASSENGERS
�° � ( 1) A Person commits an offense if he:
(a) by word or gesture solicits or accepts a passenger
� for a Shared-Ride Service in a location other than an area
specifically authorized by the Administrator for the solicitation
or acceptance of shared-ride passengers.
(b) solicits a passenger by means of an electronic device
designed to amplify sound or in a manner that unreasonably annoys
or obstructs the movement of a Person; or
(c) pays an employee of another business to solicit
passengers for or give preferential treatment in directing
passengers to a Shared-Ride Service Vehicle, unless the Person has
written permission from the Administrator and the executive
director of the Airport, or his designated representative.
(2) A Person who acts as an agent in obtaining Shared-Ride
Service for prospective passengers shall not:
(a) solicit passengers for the service; or
(b) accept payraent from a Driver or Holder in return for
' giving preferential treatment in directing passengers to the
�_
driver' s or Holder' s Shared-Ride Service.
(3) It is a defense to prosecution for a violation of this
I � y subsection if the Owner of the transportation service has made a
' contractual agreement or other prior arrangement with the
management of the other business, and has been approved by the
Administrator.
(4) A Person commits an offense if he:
(a) solicits on the behalf of a Shared-Ride Service,
Holder, or Driver that does not have a valid permit or valid
Operating Authority under this chapter; or
(b) hires, employs, or engages a Shared-Ride Service,
Holder, or Driver that does not have a valid permit or valid
Operating Authority under this chapter.
SECTION 5-6. CONDIICT OF DRIVER
(1) A Driver shall:
(a) conduct himself in a reasonable, prudent, and
courteous manner;
'�`� (b) maintain a sanitary and well-groomed appearance;
28
{c) not respond to a dispatched call assigned to another �
Driver or company;
(d) not, while operating a Shared-Ride Service Vehicle, ��
consume, possess or be under the influence of:
(i) any alcoholic beverage;
(ii) any drug;
(iii) any other substance which could adversely
affect his ability to drive a motor vehicle;
(e) not interfere with the Administrator in the
performance of his duties;
(f) not gather, congregate, or otherwise obstruct
entrances or�passageways of any terminal, hotel, Airport building
or roadway in a manner that unreasonably annoys or impedes the
, movement of a Person or vehicle;
(g) comply with the Lawful Orders of the Administrator
issued in the performance of his duties ;
� (h) not deposit any bottle, can, trash, debris, junk,
I, food, or other object around any Holding Stand, building or Airport '�"��!
roadway except in an authori2ed trash receptacle; and
��Y
(i) not file a false report or make a false state:nent to
the Administrator.
SECTION 5-7 . RETIIRN OF PASSENGER�S PROPERTY
(1) Upon finding property left by a passenger in a Shared-Ride
Service Vehicle, the Driver shall immediately return the property
to the owner of that property.
(2) If the Driver is unable to locate the owner, or if the Driver
does not know the identity or whereabouts of the owner, the Driver
of a Shared-Ride Service shall immediately notify by radio, the
Holder of the service of any property left by a passenger in a
vehicle, deliver the property to the Holder, and notify the
Administrator of the location and description of the property.
SECTION 5-8. SHARED-RIDE SERVICE
(1) Shared-Ride Service shall maintain a level of service to all
sectors required in Section 2-2 (1) (e) and defined in the Holder' s
Operating Authority by dispatchinq Shared-Ride Service Vehicles on
a Pre-arranged or Pre-approved basis. �'�
,, ��
' 29
i
I
(2) When entering the terminal area of the Airport, a Driver who
� " has been dispatched on a Pre-arranged or Pre-approved basis shall
have in his possession, and present to the Administrator on
request, written documentation indicatinq the following
��:� information:
(a) the name of the customer or customers;
(b) the number of individuals in the party;
(c) the terminal section;
(d) the flight arrival time, if pre-arranged; and
(e) the Destination and sector of the passenger.
(3) A vehicle dispatched to a single terminal on a Pre-arranged
or Pre-approved basis shall be permitted to enter other terminals
to load passengers whose destinations would fall in a sector
Contiguous to the original call.
(4) A Driver or Holder commits an offense if he:
(a) solicits or accepts an additional passenger whose
Desti:nation is not in a sector Contiguous to the original call ;
�. ,
(b) solicits, accepts, or loads a passenger at a time or
location or in a manner other than provided for in the Holder' s
��� Operating Authority, or as established by the Rules and
Regul3tions;
(c) solicits or accepts a passenger intended for another
Shared-Ride Service Vehicle with a different Destination;
(d) transfers a passenger that he accepted to another
Shared-Ride Service Vehicle with a different Destination;
(e) enters a terminal area in a Shared-Ride Service
Vehic:le without the vehicle displaying an outbound Destination
sign, or header, that is clearly visible, both day and night, tc
awaiting passengers;
(f) makes more than one complete circuit through the
Airport Terminal Areas with outbound passengers on board; or
(g) fails to depart the Airport after receiving
passengers whose destinations will require 3 separate stops upon
leaving the Airport, excluding Meacham, Love Field, Alliance,
central business districts and concentrated market/hotel centers
� deemed an express route in the Holder's Operating Authority
approved by the Administrator.
� 30
(5) All vehicles operating on a Shared-Ride Service shall be �
required to maintain service to all sectors listed in the Holder' s
Operating Authority 365 days a year, in response to passenger
demand.
+�r�1
(6) In addition to records required in Sections 2-12 and 5-8 (7) ,
the Holder of Shared-Ride Service Operating Authority shall
maintain written records, and make such records available to the
Administrator upon request, that indicate the level of service
provided by the Holder to each terminal. The records shall include
but not be limited to:
(a) total number of passengers transported to each sector
specified in the Holder' s operating Authority on a daily basis ;
(b) number of vehicles sent to each terminal on a daily
basis;
(c) documentation to show that adequate service is being
provided during peak hours on a daily basis; and
' (d) number of Pre-arranged or Pre-approved dispatches to
each terminal on a daily basis.
(7) After receiving Operating Authority for a Shared-Ride Service
a Holder shall have 30 days to install, maintain and log on a
I recording device with multi-channel recording and dual capabilities '���
�, for backup purposes and in a manner approved by the Administrator,
', all radio and telephone communications between all customers and w„�
, the Shared-Ride Service dispatcher and all drivers.
�I (a) The Administrator shall inspect the recording
equipment upon installation and as needed, to determine if it
complies with the Rules and Regulations.
(b) The Administrator may extend the time needed to
complete installation of the recording equipment.
(c) If the recording equipment and resulting lcg is not
maintained in accordance with Subsection (7) , a show cause hearing
shall be automatically initiated by the Administrator.
(8) A Holder of Operating Authority for a Shared-Ride Service
shall handle all customer complaints on a timely basis, and advise
the Administrator of any and all action taken in response to the
complaint.
(9) After receiving Operating Authority for Shared-Ride Service
a Holder shall have 30 days to establish and maintain a 24-hour,
seven-day-per-week radio dispatching/reservation system.
�
��
', 31
�., (a) The Administrator shall inspect the dispatch site upon
completion and as needed, to determine if it complies with the
Rules and Requlations.
��� (b) The Administrator may extend the time needed to complete
the dispatch center.
(c) If a dispatch center is not maintained in accordance with
Subsection (i) , a show cause hearing shall be automatically
initi,ated by the Administrator.
(1�) Each Holder of a Shared-Ride Service shall maintain a
, minimum of 25 van-type vehicles in service each day.
(a) If a Shared-Ride Service' s 25 minimum vehicle
requirement is not maintained a show-cause hearing shall be
automatically initiated by the Administrator.
•M
(b) All permanent vehicles authorized for Shared-Ride
Service shall be owned and registered by the Holder.
(c) All temporary and/or lease vehicles authorized for
temporary Shared-Ride Service shall be controlled by the Holder.
(11) The Administrator shall establish procedures to monitor the
� � service levels of Shared-Ride Service at the Airport, including but
not limited to:
'�`" (a) condition of Shared-Ride Service Vehicles ;
(b) constancy of service at the Airport;
(c) adherence to and service of routes and schedules;
(d) preservation of 25 van-type vehicle minimum limit;
(e) Driver conduct; and
(f) Passenger complaints.
SECTION 5-9 . NOT-FOR-HIRE STATIIS OF SHARED-RIDE VEHICLES
(1) Each Shared-Ride Service Vehicle operating on the Airport is
presumed to be on duty and ready to serve the general public for
hire. If a Driver is off-duty and does not intend to provide
Shared-Ride Service at the Airport, he shall comply with the
following requirements:
�
�
32
(a) The Driver shall place a sign, to be provided by the �
Holder, in the Shared-Ride Vehicle indicating the words "NOT FoR
HIRE" printed in letters not less than three inches in height with
a stroke of not less than 3/8 inch. The letters shall be on a
backing of sufficient thickness to not easily bend. ���
(b) When a Driver is not for hire, he shall display the
sign in an upright position in the front window on the right side
of the Shared-Ride Service Vehicle as to be easily seen and read
from the outside of the Shared-Ride Service Vehicle.
(2) A Driver who is not for hire shall not park or stand his
Shared-Ride Service Vehicle on a shared-ride Holdinq Stand or
within 500 feet of a shared-ride Holding Stand or along or in the
one hour parking zones of the Airport roadways and parking lots.
ARTZCLE DI
�^- FARES
SECTION 6-1. RATES OF FARE; RECEIPTS
(1) A Driver or Holder shall not charge a fare for operating a
Shared-Ride Service Vehicle at the Airport that is inconsistent
with the rates authorized in the Holder' s Operating Authority.
(2) A Holder desiring to effect a chan e in the a ��
fare shall submit a written request in ccordance wPth S ction52�4
(3) of the Rules and Regulations. �rr�
(3) The rates listed in the Holder' s Operatinq Authority shall be
I strictly adhered to, and no change in rates may be implemented
'I without written approval of the Administrator.
��', (4) The Administrator shall require a Holder to display Z-ates
! within a Shared-Ride Service vehicle in a manner prescribed by the
Administrator.
(5) The Driver or Holder shall give the Person paying a fare a
ticket or receipt that indicates the name, address, and phone
num.ber of the Shared-Ride Service and the amount of fare.
ARTZCLE VZI
VEHICLES AND EQUIPMENT
SECTION 7-1. 4EHICLE REQQIREMENTS AND IN3PECTIONB
(1) The Owner of a Shared-Ride Service shall maintain all
vehicles used in the service in a safe mechanical condition and ,�
shall maintain the interior and exterior of all vehicles in good
repair.
3 3 �"`'�
(2) Each vehicle to be used must be
approved by the Administrator before Dinspected in a manner
Authority is issued and at such other times�as may e o�deredlby
� the Administrator,
m�iintenance, and compliance w th a 1 state and federal lawsition,
�` � (a) A Holder, Owner, or Driver shall make a Shared-Ride
Service Vehicle available for inspection when ordered by the
Administrator.
Shared-Rideb Service Vehicle av ilabler
Driver fails to make a
Aci�ninistrator determines that a Shared-Ride Service Vehicle is not
in compliance with the Rules and Regulations, the Administrator ma
order the Shared-Ride Service Vehicle removed from se y
Airport until it is made available for inspection and ore at the
into compliance. / brought
(c) If the Administrator determines that inspection of
the mecha�ical condition or safet e
Service Vehicle by an expert mechanic or� ech ician i ssnecessaide
the Holder, Owner, or Driver shall pay the cost of the ins ec '
ry,
p tion.
(3) The Administrator shall designate the time and place for
annual inspection of vehicles operated.
designates someone other than a transportati nfde artmeministrator
to perform the inspection, the applicant or Holder shall bear�the
� . reasonable cost of inspection.
(�) A Holder may contract for maintenance, but shall be
��' responsible for seeing that all vehicles operated under a e
are maintained in safe operating condition. P �it
(`�) If a vehicle is involved in an accident or collisio
the term of the permit, the Holder shall notify the Administrator
within five days after the accident. Before operating the vehicle
again under the permit, the vehicle must be reinspected to insure
that the vehicle has been restored to its previous condition.
(6) The Holder shall immediately notify the Administrator of any
vehicle removed from service, and shall be responsible for removin
from the vehicle any signs, markings, or e g
distxnguish the vehicle as a Quipment that would
including, but not limited to, radios a desti ati ne s gns, headers�
decals, and rate sheets.
,
SECTION 7-2. pEgICZ,� EQIIIpMENT �
� (1) The following equipment is re
: operable on a Shared-Ride Service Vehi cle d to be in, on, and/or
��
+�
34
(a) a workinq air conditioner system capable of cooling �"�
the passenger compartment to 20 degrees below the outside
temperature and a heater;
�r�
(b) fire extinquisher (minimum 1 quart capacity) located
within driver' s reach;
(c) evidence of insurance;
(d) rate schedule posted inside the vehicle in a manner
approved by the Administrator;
(e) a decal designated by the Administrator in accordance
with Section 7-3 of the Rules and Requlations;
(f) the company name permanently affixed to both sides of
the vehicle in letters at least 3" in height with a 1/2" stroke in
a contrasting color;
.�
, (g) the equipment number permanently affixed to all sides
� of the vehicle in letters at least 3" in height with a 1/2" stroke
' in a contrasting color;
(h) telephone number of the service;
(i) approved header permanently attached on the vehicle '�'�
I in a manner approved by the Administrator, that shows the
I Destination of the vehicle and that is clearly visible, both day �,�
�I and night, to awaiting passengers;
(j ) a two-way radio on the company's dispatch frequency
that is operational during scheduled hours;
�' (k) a uniform paint/color scheme approved by the
, Administrator that distinguishes the service;
(1) any other equipment required to comply with all
applicable federal/state motor vehicle safety and emission
standards; and
(m) any other special equipment that Administrator
determines to be necessary.
(2) The use of any type of ineter or measurinq device for the
calculation of rates is prohibited.
(3) All temporary vehicles must have a magnetic sign that
displays the company name attached to both sides of the vehicle,
and also be equipped with a fire extinguisher of at least one quart
capacity, a decal in accordance with Section 7-3 of the Rules and
Regulations, a two way radio on the ccmpany's dispatch frequency �
. that is operational during scheduled hours, and any other standards
as determined by the Administrator.
, ��
35
SECTZON 7_3�
DECALB
� � �1) A Holder,
Vehicle shall obtain�er� °r �river of
Shared-Ride frOm the Administratorch Shared-Ride Servic
The ciecal Se�ice Vehicle 's authorit a decal indicatinq th
,�� a must be attached to each vehicle �perate at the Airpoz-t
pproved by the Administrator. in a manner and locatio
charged in accordance W• The annual fee
Airport Board Schedule of t har es / for a decal shall b�
Dallas Fort Worth Internationa'
9' , as amended.
(2) The Administrator ma
Shared-Ride Service Vehicle Whl�h a decal to be
minimum standards for a at an removed from a
fee for reissuance of aPPearance, condition t a e fails to meet the
which a decal has beendecal to a S � 9e, or equipment. The
accordance with the Dallas/Fort hared-Ride Service Vehicle from
removed by the Administrator will
schedule of Char es worth International Ai be In
g , as amended. rport Board
(3) A Person commits an offense if he:
•M
(a) operates a Shared-Ride Serv'
w.ith an expired decal or with no lce Vehicle at the
the sole purpose of te decal affixed to A1�°rt
outside the Ai �inatinq a tri lt� except for
rport; p that lawfully originated
(b) attaches a decal to
as a Shared-Ride Service Vehicle at the not authorized to 0
"� " Airport; Perate
ex�ired (decalror Withhncle on
a shared-ride Holding Stand with an
'�^� o decal affixed to
it;
det•al �d� interferes with the A
- in accordance with Subsect on l�t3 at2 r in the removin
( ) of this article� orhe
e covers conceals or
deca , attem ts to cover or
conceal the
SECTION 7-4. FAI,BE REpRggENR,ATION �g
A Person commits a2� offense if he: A s�ED RIDE SERVICE
(�) represents that a vehicle
the vehicle is not is a Shared-Ride Service Vehicle if
to o erate at the Ai fact a Shared-Ride Service Vehicle authoriz
P
��rt' ed
�2) operates a vehicle at the Ai
Service Vehicle if the vehicle is �°rt that is
WaY that marked not a Shared-Ride
shared-RideSservice Vehiclesult in mistakin nted or equipped in a
, or g the vehicle for a
�
� 36
(3) solicits or attempts to solicit passengers unless he is
operating a Shared-Ride Service Vehicle that is authorized to serve �
the Airport.
��
ARTICLE VIII
ENFORCEMENT
SECTION 8-1. AIITHORITY TO ZNSPECT
The Administrator may inspect a Shared-Ride Vehicle/Service
operating at the Airport to determine whether the Vehicle/Service
complies with the Rules and Regulations established for Shared-Ride
Service or other applicable law.
: SECTION 8-2 . ASSIBTANCE BY AIRPORT DEPARTMENT OF PIIBLIC SAFETY
(1) Upon specific request of the Administrator, officers of the
Airport' s Department of Public Safety D S may assist the
Administrator in the enforcement of the Rules and Regulations.
(2) A p�o�rcz DPS officer upon observing a violation of this
chapter or th.e regulations established by the Administrator, may
take necessary enforcement action to insure effective regulations
of Shared-Ride Services.
SECTION 8-3 . CORRECTION ORDER ��
(1) If the Administrator determines that a Holder violates these �"�
Rules and Regulations, terms of its Operating Authority, a
requlation established by the Administrator, or other law, the
Administrator shall notify the Holder in writing of the violation
and by written order direct the Holder to correct the violation
' within a reasonable period of time. In setting the time for
correction, the Administrator shall consider the degree of danger
to the public health or safety and the nature of the violation. If
the violation involves equipment that is unsafe or functioning
improperly, the Administrator may order the Holder to immediately
cease use of the equipment.
(2) If the Administrator determines that a violation constitutes
an imminent and serious threat to the public health or safety, the
Administrator may order the Holder to correct the violation
immediately, and, if the Holder fails to comply, the Administrator
shall promptly take or cause to be taken such action as he
considers necessary to enforce the order immediately.
(3) The Administrator shall include in a notice issued under this
section:
(a) an identification of the violation; �
37 '�'�
,
�, , (b) the date of issuance of the notice;
(c) the time period within which the violation must be
corrected;
�..�,
(d) a warning that failure to comply with the order may
result in suspension or revocation of Operating Authority or
imposition of a fine or both; and
(e) a statement indicating that the order may be appealed
to the Executive Director of the Airport, or his designated
representative.
SECTION 8-4. SERVICE OF NOTICE
(1) A Holder shall designate and maintain a representative to:
(a� receive service of notice required under this chapter
to be given a Holder; and
(b) to serve notice required under this chapter to be
givex� a Driver employed by a Holder.
(2;) Notice required under this chapter shall be given in the
foll��wing manner:
� :�
(a) A Holder must be personally served with the notice by
the Administrator, or service may be accomplished by serving the
� � Holder' s designated representative, or the Holder may be served by
United States mail, five-day return receipt requested, to the
address last known to the Administrator of the Person to be
notified, or to the designated representative of the Holder.
(b) A Driver permitted by the Airport under Article III
must be personally served or served by certified United States
mail, five-day return receipt requested, to the address, last known
to t:he Administrator, of the Person to be notified, or to the
_ desiqnated representative for drivers.
(c) Notice required under this chapter to be given a
Person other than a Driver permitted under Article III or a Holder
may be served in the manner prescribed by Subsection (2) (b) .
(3) Service executed in accordance with this section constitutes
notice to the Person to whom the notice is addressed. The date of
service for notice that is mailed is the date received.
�<.�
�
38
SECTION 8-5 . CRIHINAL OFFEN3ES. ,�
(1) A Person commits an offense if he the violates or attempts to
violate a provision of this chapter applicable to him. A culpable ,w,��
mental state is not required for the commission of an offense under
this chapter unless the provision defining the conduct expressly
requires a culpable mental state. A separate offense is committed
each day in which an offense occurs. An offense committed under
this chapter is punishable by imposition of a fine of not more than
$500. 00 .
(2) Prosecution for an offense under Subsection (1) does not
prevent the use of other enforcement remedies or procedures
applicable to the Person charged with or the conduct involved in
the offense.
SECTION 8-6. ADMINISTRATIPE FINES
.ti
(1) The Administrator or Executive Director of the Airport shall
have the authority to levy an administrative fine against a Holder,
, Owner or Driver who violates any provision of the Rules and
Regulations, in lieu of any suspension action provided by Section
2-7 and Section 3-12 of the Rules and Regulations.
(2) The fines shall be in established in accordance with the
Dallas/Fort Worth International Airport Board Schedule of Charges, """�
� as amended.
� w�+
(3) Delinquent or past due fines shall be cause for the
, Administrator or Executive Director of the Airport to immediately
i 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.
���
'� w�r
39
I
.�, ,
SCHEDULED SHUTTLE SERVICE
�.�
CHAPTER 58
.�.
�„ ..
Revision 09-13-90
�..,�
��
�
ARTICLE I �,
GENERAL PROVISIONS
SECTZON 1-1 . STATEMENT OF POLICY
SECTION 1-2 . AUTHORITY FOR ENFORCEMENT �`�
SECTION 1-3 . EXEMPTIONS
SECTION 1-4 . DEFINITIONS
SECTION 1-5. ESTABLISHMENT OF RULES AND REGULATIONS
SECTION 1-6 . ESTABLISHMENT OF PROCEDURES
ARTICLE IZ
OPERATING AUTHORITY
SECTION 2-1 . OPERATING AUTHORITY REQUIRED; NONTRANSFERABILITY
SECTION 2-2 . APPLICATION FOR OPERATING AUTHORITY
SECTION 2-3 . LIMITATIONS OF OPERATING AUTHORITY
SECTION 2-4 . AMENDMENTS TO OPERATING AUTHORITY
SECTION 2-5 . RENEWAL OF OPERATING AUTHORITY
SECTION 2-6 :�" DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL
SECTION 2-7 . SUSPENSION AND REVOCATION OF OPERATING AUTHORITY
'� SECTION 2-8 . APPEAL OF DENIAL, SUSPENSION, OR REVOCATION
S£^TION 2-9 . FEES ; ANNUAL ISSUANCE
SECTZON 2-10. ADVERTISEMENT OF SCHEDULED SHLJTTLE SERVICE
Ili SECTION 2-11. TEMPORARY OPERATING AUTHORITY PROHIBITED
� SECTION 2-12 . HOLDERS RECORDS AND REPORTS
�''1�
ARTICLE III ��
SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT
SECTION 3-1. SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT REQUIRED
SECTION 3-2 . QUALIFICATION FOR SCHEDULED SHUTTLE SERVICE
DRIVER'S PERMIT
SECTION 3-3 . APPLICATION FOR SCHEDULED SHUTTLE SERVICE
DRIVER'S PERMIT
SECTION 3-4 . INVESTIGATI�N OF APPLICATION
SECTION 3-5. ISSUANCE AND DENIAL OF SCHEDULED SHUTTLE
SERVICE DRIVER'S PERMIT
SECTION 3-6. EXPIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF
STATE DRIVER'S LICENSE
SECTION 3-7 . PROVISIONAL PERMIT
SECTION 3-8 . PROBATIONARY PERMIT
SECTION 3-9. DUPLICATE PERMIT
SECTION 3-10. DISPLAY/SUR.RENDER OF PERMIT
SECTION 3-11. SUSPENSION BY A DESIGNATED REPRESENTATIVE
SECTION 3-12 . SUSPENSION OF SCHEDULED SHUTTLE SERVICE
DRIVER'S PERMIT
SECTION 3-13 . REVOCATION OF SCHEDULED SHUTTLE SERVICE
DRIVER'S PERMIT
SECTION 3-14 . SCHEDULED SHUTTLE OPERATION AFTER SUSPENSION OR "�"�'�
REVOCATION
SECTION 3-15. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION
SECTION 3-16. NONTRANSFERABILITY ,�,�
�I SECTION 3-17. CURRENT MAILING ADDRESS OF PERMITTEE
� ARTICLE ID
MISCELLANEOUS HOLDER AND DRIVER REGULATIONS
,� SECTION 4-1 . HOLDER'S AND DRIVER'S DUTY TO COMPLY
SECTIpN 4-2 . HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS
SECTION 4-3 . DRIVER AS EMPLOYEE
SECTI�N 4-4 . INSURANCE
SECTION 4-5 . HOLDER'S SERVICE RESPONSIBILITIES
SECTI�N 4-6 . INFORMATION TO BE SUPPLIED UPON REQUEST
OF ADMINISTRATOR
ARTICLE V
SERVICE RULES AND REGULATIONS
SECTION 5-1. PARKING
SECTION 5-2 . REGULATIONS FOR USE OF HOLDING STANDS
SECTION 5-3 . LOADING AND DISCHARGE OF PASSENGERS
SECTI�N 5-4 :"�" CRUISING THE AIRPORT
SECTION 5-5 . SOLICITATION AND ACCEPTANCE OF PASSENGERS
SECTION 5-6 . CONDUCT OF DRIVER
SECTION 5-7 . RETURN OF PASSENGER'S PROPERTY
SECTION 5-8 . PREARR.ANGED SHUTTLE SERVICE
SECTION 5-9 . SCHEDULED SHUTTLE SERVICE
SECTION 5-10. NOT-FOR-HIRE STATUS OF SCHEDULED SHUTTLES
"` ARTICLE VI.
FARES
�
SECTION 6-1. RATES OF FARE
ARTICLE VII.
VEHICLES AND EQUIPMENT
SECTION 7-1. VEHICLE INSPECTION
SECTION 7-2 . VEHICLE EQUIPMENT
SECTION 7-3 . DECALS
SECTION 7-4. FALSE REPRESENTATION AS A SCHEDULED SERVICE
ARTICLE VIII
ENFORCEMENT
SECTION 8-1. AUTHORITY TO INSPECT
SECTION 8-2 . ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY
SECTION 8-3 . CORRECTION ORDER
SECTION 8-4. SERVICE OF NOTICE
SECTION 8-5. APPEAZS
SECTION 8-6. CRIMINAL OFFENSES
SECTION 8-7 . ADMINISTRATIVE FINES
�
i�.r
SCHEDIILED SHIITTLE SERVICE �r�
Revision 09-13-90
ARTZCLE I
GENERAL PROVISIONS
�1�
SECTION 1-l. STATEMENT OF POLICY
It is the policy of the Dallas/Fort Worth International Airport
Board and the cities of Dallas and Fort Worth to promote adequate and
efficient Scheduled Shuttle service at the Dallas/Fort Worth
International Airport. To this end, Rules and Regulations for Scneduled
Shuttle operations at the Airport are developed to protect the public
health and safety and to promote the public convenience and necessity,
and respects the concept of free enterprise.
SECTION 1-2 . AIITHORITY FOR ENFORCEMENT
�The Direct`br of Transportation for the City of Dallas is designated
as the Administrator of the Dallas/Fort Worth International Airport
Scheduled Shuttle Rules and Regulations. The Administrator shall
', implement and enforce the Rules and Regulations and may by written order
establish procedures implementinq such Rules and Regulations, not
� inconsistent with this chapter, as determined necessary to discharge the
, Administrator' s duty under or to effect the policy of this chapter.
�°*
SECTION 1-3. EREMPTIONS
(1) These Rules and Regulations do not apply to a Scheduled Shutt�e�
Service or to a person operating a Scheduled Shuttle Vehicle that is :
(a) owned by a nonprofit organization and carrying only
passengers associated with that organi�zation, if no compensation is
received from any other person for carrying the passengers ;
(b) provided by an employer or employee association for use in
transportinq employees between the employees ' homes and the employer' s
place of business or between workstations, with the employees
reimbursing the employer or employee association in the amount
calculated only to offset the reasonable expenses of operating the
Scheduled Shuttle Vehicle; or
(c) entering the Airport for the sole purpose of terminating a
trip that lawfully originated outside of the Airport, except when the
Scheduled Shuttle Vehicle is marked with a decal issued pursuant to this
chapter.
(2) Articles III and VII of these Rules and Regulations do not
apply to:
..�
� 1 ��,
,
(a) the Driver of a Scheduled Shuttle Vehicle operated under
� 5 authority granted by the Interstate Coaunerce Commission to operate a
regularly scheduled route, if the Driver is operating within the scope
of his employment; or
�,._�.
(b) a Scheduled Shuttle Vehicle operated under authority
granted by the Interstate Commerce Commission to operate a regularly
scheduled route.
(3 ) These Rules and Regulations, except for Sections 5-1 through
5-6 , do not apply to a Scheduled Shuttle, or to a person operating a
Scheduled Shuttle, that is owned by the federal or state government or
by a political subdivision of the state. A person or vehicle exempted
under this subsection is subject to a fee, in an amount to be designate�
by the Airport board, for operating at the Airport and using the
Scheduled Shuttle Vehicle Holding Stands.
SECTION 1-4 . DEFINITION3
.M
The definition of a term in the Rules and Regulations applies to
each grammatical variation of the term, unless the context requires a
different definition:
(1) ADMINISTRATOR means the Director of Transportation for the
city of Dallas, or the director' s authorized agent, with the
responsibility of implementing and enforcing the Dallas/Fort Worth
p International Airport Scheduled Shuttle Rules and Regulations.
�.w (2) AIRPORT means the Dallas/Fort Worth International Airport.
(3 ) AIRPORT BOARD means the Dallas/Fort Worth International
Airport Board, the governing body of the Airport.
(4) CONTIGUOUS means abutting, adjacent, adjoining, bordering, and
when concerning Scheduled Shuttle service zones, any address that can
reasonably be determined to be on route to a final destination.
(5) CONVICTION means a conviction in a federal court or a court of
any state or foreign nation or political subdivision of a state or
foreign nation that has not been reversed, vacated, or pardoned.
(6) DRIVER means an individual who drives or operates a Scheduled
Shuttle Vehicle.
(7) HOLDER means a person, partnership, corporation, joint venture
or other legal entity or relationship granted Operating Authority to
provide Scheduled Shuttle Service at the Airport, or his designated
agent.
�,,, (8) HOLDING STAND means a public place reserved exclusively for
use by all authori2ed Scheduled Shuttle Vehicles.
� 2
(9) LAWFUL ORDER shall mean a verbal or written directive issued �
the Administrator or the Administrator ' s duly authorized representati�
in the perfo r�ance of their duties, in the enforcement of the Rules ar
Regulations authorized by this article.
�#
( 10) Ls.GAL RESIDENT means a citizen of the United States or a
person residing in the United States in accordance with federal
immigration laws.
(11) OPER.ATE means to drive or to be in control of a Scheduled
Shuttle Vehicle.
(12) OPERATING AUTHORITY means permission granted by the
Administrator to operate a Scheduled Shuttle Service at the Airport.
(13) OPER.ATOR means the Driver of a Scheduled Shuttle Vehicle, the
Owner of a Scheduled Shuttle Vehicle, or the Holder of Scheduled Shuttle
Service Operating Authority.
�M
(14) OwNER shall be presumed to mean the person to whom state
license plates for a vehicle have been issued.
' (15) PERSON means an individual , corporation, government or
' governmental subdivision, or an agency, trust, partnership or two or
more persons having a joint or common economic interest.
�'�A
(16) RULES AND REGULATIONS means the Scheduled Shuttle Service
Rules and Regulations established under Chapter SB, "Scheduled Shuttle
Service Rules and Regulations" , of the Code of Rules and Regulations o��
the Dallas/Fort Worth International Airport Board, as amended.
(17) SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT means a permit issued
to an individual by the Administrator authorizing that individual to
operate a Scheduled Shuttle Vehicle.
(18l SCHEDULED SHUTTLE SERVICE means a oassenaer trans�ortation
service onerated for hire on a fixed schedule and fixed routes approved
bv the Administrator that uses Scheduled Shuttle Vehicles in the
operation of the service and includes but is not limited to a facilitv
from which the service is o�erated Scheduled Shuttle Vehicles used in
the overation of the service a Scheduled Shuttle Service Driver and a
person who owns controls or ot�erates the service
(19) SCHEDULED SHUTTLE VEHICLE means either a Sedan Type or Van Tvpe
vehicle used for the transportation of persons
(20) SEDAN-TYPE means a four-door passenger automobile with a
seating capacity of not less than seven nor more than 15 passengers used
for the transportation of persons, and is approved by the Administrator.
��
(21) SERVICE AREA means the area made up of the counties of Dallas,
Tarrant, Southeast Denton and Southwest Collin.
I 3
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(22 ) TERMINAL AREAS means the roadways, parking lots, curbside
� zones, and sidewalks servicinq the arrival and departure areas of the
Airport te r.ninals including but not 2imited to Terminals 2W, 2E, 3E, 4E;
and, the roadways , parking lots, curbside zones, and sidewalks servicinq
� v the Airport hotels at 3E and 3W.
(23 ) VAN-TYPE means a van-type vehicle with a manufacturer' s rated
seating capacity of not less than seven nor more than 15 passengers.
SECTION 1-5. ESTABLISHMENT OF RULES AND REGIILATZONS
( 1) Before adopting, amending or repealing a rule or regulation, t�e
Administrator shall hold a public hearing on the proposal . The
Administrator shall fix the time and place of the hearing and shall
notify each Holder and such other persons as the Administrator
determines maybe interested in the subject matter of the hearing.
(2) After t�he public hearing the Administrator shall notify the
Holders and other interested persons of any action adopting, amending or
repealing a rule or regulation and shall post a notice of such action in
one or more conspicuous places including the DFW Airport Transportation
Regulation office. Such posting must continue for a period not fewer
than ten days. The action shall become effective immediately upon
expiration of the posting period.
h. .
SECTZON 1-6. ESTABLISHMENT OF PROCEDIIRE3
The Administrator may by written order establish procedures not
�.-� inconsistent with the Rules and Regulations which he determines are
necessary to discharge his duty to implement the Rules and Regulations .
ARTICLE II
OPERATING AUTHORITY
SECTION 2-1. OPERATING AIITHORITY REQIIIRED; NONTR.ANSFERABILITY
(1) A person or owner shall not operate a Scheduled Shuttle Service
or solicit passengers for a Scheduled Shuttle Service at the Airport
without Operating Authority granted under the Rules and Regulations.
(2) A person or owner shall not transport a passenger for hire at
the Airport by Scheduled Shuttle Vehicle unless the person driving the
Scheduled Shuttle Vehicle or another who employs or contracts with the
Driver has been granted Operating Authority under the Rules and
Regulations.
(3) It is NOT a defense to t�re prosecution that the Scheduled
�„„ Shuttle Service originated the trip in another city, brinqing passengers
into D/FW Airport to be returned to their original location.
�
4
(4 ) A person shall not engage or hire a Scheduled Shuttle Vehicle �
which he knows does not have Operating Authority or another form of
permission from the Administrator.
�r,i
(5) Operating Authority may not be transferred to another person.
SECTION 2-2 . APPLICATION FOR OPERATING AIITHORITY
, (1) To obtain Operatinq Authority, a person shall submit an
application on a form provided by the Administrator and a non-
refundable fee of $150 for processing the application. The applicant
must be the person who �� owns_, or who will own
the proposed Scheduled Shuttle Service. An applicant shall file with
the Administrator a written, verified application containing the
following:
(a) a statement as to the type of Operating Authority
(Scheduled Shut�.le Service) for which application is made, including a
statement as to which category, Scheduled Shuttle Service, the applicant
proposes;
I, (b) a description of any past business experience of the
I, 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 : �. ,
'�________; ownershiD of the business ; � wW�
(c) a description of the proposed service, including routes,
exact rates of fare to be charged, and schedules, where applicable;
(d) the form of business of the applicant and, if the business
is a sole proprietorship, partnership, corporation, or association, a
copy of the documents establishing the business and the name, address
and citizenship or legal residence of each person with a d31^�ct intexest
ownershi� in the business;
(e) the name, address, and verified signature of the
applicant;
(f) the name of the city from which the applicant is
authorized to operate a Scheduled Shuttle Service and a copy of that
city' s document authorizing the Scheduled Shuttle Service;
(g) a list verifying that the minimum of vehicles as required
in Section 5-9 (7) for each route proposed shall begin the service,
which list shall include a complete description of each vehicle,
including year, make, model, motor identification number and state ,,,�,�,
license registration;
��
5
(h) a description of the proposed insiqnia and color scheme,
� for the applicant ' s Scheduled Shuttle Vehicles;
( i) documentary evidence satisfactory to the Administrator
� r from an insurance company, authorized to do business in the State of
Texas indicating a willingness to provide liability insurance in the
amounts specified in Section 4-4 ;
(j ) documentary evidence from the FCC showing that application
has been made for a radio dispatching service license as required by
U. S . Federal law;
(k) any additional information the Admi�istrator considers
necessary to the implementation and enforcement of the Rules and
Regulations, for the protection of the public safety, or to meet any
other local, state or federal laws, rules, regulations or guidelines .
(2) Upon �,eceipt of an application for a permit, the Administrator
shall promptly notify all other persons holding an annual permit to
operate a Scheduled Shuttle Service at D/FW Airport informing them of
the application, and notifying them that the application may be reviewe��
at the D/FW Airport Transportation Regulation Office, for a period of
time not to exceed 10 days from the date of application.
(3) Within 45 days after notification to existing companies of the
�: _ proposed application, the Administrator shall approve or deny the
application for issuance of Scheduled Shuttle Service Operating
Authority provided no protests have been filed.
�,: ,a
(a) Upon receipt of a protest, the Administrator shall hold a
public hearing on the proposed service to determine whether the
�
applicant s proposed service interferes with or adversely affects
existing Scheduled Shuttle Services eit�rer by
increasing curbside or traffic
congestion at the Airport.
(b) The Administrator shall fix the time and place of the
hearing and shall notify each holder and such other persons as the
Administrator determines maybe interested in the subject matter of the
hearing.
SECTION 2-3. LIMITATION3 OF OPERATING AIITHORITY
(1) When issued, a permit shall only provide Operating Authority
for the operation of a Scheduled Shuttle Service at the Airport.
(2) The Operating Authority may also contain other conditions and
limitations determined necessary by the Administrator, including, but
not limited to:
��
- (a) the number and type of vehicles to be used in the
permitted service;
� 6
(b) a description of vehicles to be operated; �'�
(c) the number of passengers that may be transported in each
vehicle ; ��
(d) customers to be served;
(e) places of loading or unloading passengers ;
' (f) schedules and routes to be followed;
(g) maximum rates to be charged for the permitted service;
(h) operating procedures ; and
(i) special conditions or restrictions.
(2) A Person or Holder coaunits an offense if he fails to comply
with the condit�ons or limitations placed on the Operating Authority
under which he is operating a Scheduled Shuttle Service.
,i (3) Each applicant, including any person with a direct interest in
the business, applying for Scheduled Shuttle Service Operating Authority
shall qualify for a Scheduled Shuttle Service Driver' s permit in
accordance with these rules.
SECTION 2-4 . AMENDMENTS TO OPERATING AUT�ORITY �'�
(1) A Holder desiring to amend the terms or conditions of its �,�
operating Authority shall submit a written request to the Administrator.
A non-refundable amendment fee in accordance with the Dallas/Fort worth
International Airport Board Schedule of Charges, as amended, must
accompany a request for any material change to the operating Authority.
The request shall include:
(a) the nature of the proposed change;
(b) the date the proposed change is to take effect.
(2) The Administrator may approve an amendment unless it is in
violation of or inconsistent with the provisions of the Rules and
Regulations.
(3) Amendments to a Scheduled Shuttle Service Operating Authority
to increase the number of authorized vehicles or change rates may be
made by the Administrator only upon written application and payment of
any additional fees that may be required.
{4) If a Scheduled Shuttle Service experiences vehicular problems
which require additional vehicles to either maintain their minimum
service as required by Section 5-9 (7) or provide additional service for"���
a period not to excead lo days, the service may request a temporary
permit amendment for supplemental vehicles by submittinq a written
, ��
'� 7
I
application form to the Administrator. The application must state the
� A reason supplemental vehicles are needed and identify all vehicles to be
used. Supplemental vehicles authorized must comply with insurance
requirements, vehicle requirements, all permit fees, and any other
�:.� requirements of this section and are subject to inspection by the
Administrator, who may at anytime order unsafe vehicles to be removed
from service.
SECTION 2-5 . RENEAAL OF OPERATING AIITHORITY
(1) A Holder shall apply for renewal of Scheduled Shuttle Service
Operating Authority permit at least 30 days before the expiration of the
Operating Authority.
(2) Within a reasonable time after the date of application, the
Administrator shall approve or deny the application for renewal .
(3) The Administrator shall renew the Operating Authority if the
Administrator �etermines that:
(a) the permit Holder has performed satisfactorily in
compliance with all terms and conditions of the Operating Authority;
(b) is in compliance with all requirements of the Rules and
Regulations and Procedures; and
�
(c) the service provided continues to be necessary for or to
otherwise serves the public convenience and necessity.
� �„.,.
SECTION 2-6. DENIAL OF APPLICATION FOR ISSIIANCE OR RENERAL
The Administrator shall deny issuance or renewal of Scheduled
Shuttle Service Operating Authority if he finds that:
(1) the public convenience and necessity do not require or are not
otherwise served by the proposed service;
(2) the applicant or any Person holding an ownership interest in
the application has been either convicted twice, suspended twice, or
convicted once and suspended once, for a violation of the Rules and
Regulations or brocedures within the preceding two years; '
(3) the applicant failed to comply with the requirements of the
Rules and Regulations, or Lawful Orders. or procedures established under
the Rules and Regulations within the preceding 2 vears;
(4) the applicant failed to comply with the terms and conditions of
the Operating Authority for which application for renewal is made within
the precedinc� 2 vears;
��
.�.
8
(5) the applicant made a false statement as to a material matter v�A►
the aoplication for issuance or renewal of Operating Authority;
(6) the applicant or any Person holding an ownership interest in ,,,�1
the application has been finally convicted fcr of a violation of another
city, state, or federal law or regulation which would reasonably tend ta
indicate that the holder is not fit to perform a Scheduled Shuttle
Service; or
' (7) the applicant ' s Scheduled Shuttle Service Operating Authority
has been revoked within a two year period prior to the date of
application.
SECTION 2-7 . SUSPENSION AND REVOCATION OF OPERATING AUTHORITY
(1) The Administrator may suspend or revoke Scheduled Shuttle
Operating Authority for a period not to exceed 60 days or set an
administrative fine (except as to (1) (d) hereof) within the li*nits
provided by law;'' if he determines that the Holder has:
(a) made a false statement as to a material matter in the
, application for issuance or renewal of Operating Authority;
(b) failed to comply with the provisions of the Rules and
Regulations and/or Lawful Orders, procedures , etc. established by the
Administrator pursuant to Section 1-2 of these Rules and Regulations; A`+�
(c) failed to comply with the terms and conditions of the
Operating Authority, including, but not limited to, operating a type ofW�
service not authorized by the Operating Authority or operating a service
in a manner not authorized by the Operating Authority;
(d) been finallv convicted for of a violation of another city,
state, or federal law or regulation which would reasonablv tend to
indicate that ' the Holder is not fit to
perform a Scheduled Shuttle Service;
(e) failed to pay all required fees; or
(f) failed to surrender scrip tickets for the payment of fees
prescribed in Section 2-9 in the manner approved by the Administrator.
(2) The Administrator may suspend a Holder' s Operating Authority
for a period not to exceed 60 days o� set an administrative fine in
accordance with Section 8-7. At the end of the suspension period the
Holder may resume operating at the Airport, providing the deficiency
causing the suspension has been corrected by the holder.
(3) A Holder whose Operating Authority has been revoked shall not
reapply for Operating Authority before the expiration of 24 months from��
the date of revocation or, in the case cf an appeal, the date the appea: :
hearing officer affirms the revocation.
+wF 1�
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SECTION 2-8 . APPEAL OF DENIAL, SIISPENSION, OR REpOCATION
The denial of an application for issuance or renewal of Scheduled
Shuttle Service Operating Authority or the suspension or revocation of
,,,.,,,f Scheduled Shuttle Service Operating Authority may be appealed by the
applicant or Holder in accordance with Section 8-5 of the Rules and
Regulations.
SECTION 2-9 . FEES; ANNIIAL ISSOANCE
(1) The annual fee for Scheduled Shuttle Service Operating
Authority shall be established in accordance with the Dallas/Fort worth
International Airport Board Schedule of Charges. The annual fee sha11
be paid to the Administrator before the Operating Authority is issued.
(2) Scheduled Shuttle Service Operating Authority may be issued for
a period not to exceed one year and shall expire on October 31 of each
year unless otherwise designated in the Operating Authority. If the
Operating Authority is issued for a period of less than one year, the
annual fee shall be prorated on the basis . of the number
of davs in the month.
(3) A permit amended to increase the number of vehicles used shali
require the Administrator to compute and collect an adjusted amount for
the fee as a result of the increase. �—��--r,p
� ' The fee for a
'� temporarvi cermit amendment authorizina sut�plemental vehicles shall be
computed at the rate of S20 per vehicle
�,.. :.
(4) In addition to the annual fee required in Subsection (1) , the
Holder of Scheduled Shuttle Service Operating Authority shall pay exit
fees in accordance with the Dallas/Fort Worth International Airport
Board Schedule of Charges, as amended, in a manner prescribed by the
Administrator, each time a Scheduled Shuttle Vehicle:
(a) exits the Airport; or
(b) completes a scheduled route through the Airport, when
providing Scheduled Shuttle Servica.
(5) The total fees required to be paid in Subsection (3) by a
Scheduled Shuttle Service shall never be less than a gate fee times the
total number of scheduled routes through the Airport that the service is
authorized to operate.
(6) No refund of Operating Authority fees shall be made.
(7) An applicant or permit Aolder under this article shall not
allow the payment of any fees required by these Rules and Regulations to
�
become delinquent or past due.
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(8) If a companv is authorized to oDerate more than one tvne of �
trans�ortation servlce a seoarate permit fee must be paid for each tv�
of permit he1d.
3ECTION 2-10 . ADQERTISEMENT OF SCHEDIILED SHIITTLE SERVICE �'�
(1) A person commits an offense if he advertises or causes to be
advertised the operation of a Scheduled Shuttle Service at D/Fw Airz�ort
that does not have valid Operating Authority when the advertisement is
reasonably calculated to be seen by persons seeking Scheduled Shuttle
Service at t�re D/FW Airport.
(2) It is a defense to prosecution under Subsection (1) that the
person was the publisher (but not the owner) of the advertising material
and had no knowledge that the Scheduled Shuttle service did not have
operating Authority under this article.
SECTION 2-11. TEMPORARY OPERATING AIITHORITY PROHIBITED
.�„
The Administrator shall not issue temporary authority to operate a
Scheduled Shuttle Service c�ga�n�p at ti� D FW Airport.
I� SECTION 2-12 . HOLDERS RECORDS AND REppRTS
�', ( 1) Each Holder and/or Owner shall maintain at a single location
such categories of its business records of its service as the �,��
Administrator may prescribe.
(2) The m�thod used in maintaining the records must be a �°�
by the Administrator and the Administrator ma re PProved
certain records which he determines necessaryyforqmonitoringethece of
activities, operations, service or safety record of a Holder.
(3) A Holder and/or Owner shall maintain a record of the Driver of
each Scheduled shuttle vehicle. The records shall include the name of
each driver who has operated the Scheduled Shuttle Vehicle and the dates
and times of each driver's operation of the vehicle.
(4) A Holder and/or Owner shall make such records available
for inspection by the Administrator, or provide the Administrator with
information contained in those records upon request.
ARTICLE III
SCHEDULED SHUTTLE SERVICE DRIVER'S PERMIT
SECTION 3-l. SCHEDIILED SHIITTLE SERVICE DRIVER�S PERMIT REQIIIRED
(1) A person commits an offense if he operates a Scheduled Shuttle
Vehicle inside the Airport without a valid Scheduled Shuttle Service
Driver's permit issued to him under this article. It is a defense to �,
prosecution under this subsection that the person is terminating a trip
that lawfully originated outside the Airport.
11 �.'r�
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(2) A Holder of a Scheduled Shuttle Service permit shall not employ
� or otherwise allow a person to drive a Scheduled Shuttle Vehicle owned,
controlled, or operated by the Holder unless the person has a valid
Scheduled Shuttle Service Driver' s permit issued to him under this
� � article.
(3) It is NOT a defense to prosecution that the Person was
operating a vehicle granted a certificate issued by the Texas Railroad
Commission, or granted operating authority by the Interstate Commerce
Commission for an irregularly scheduled route.
SECTION 3-2 . QIIALIFICATION FOR SCHEDULED SHIITTLE SERVICE
DRIVER� S PERMIT
(1) To qualify for a Scheduled Shuttle Service Driver' s permit, an
applicant must;
(a) be at least 19 years of age;
.-,.
(b) be a currently authorized to work full-time in the Unite3
States;
(c) hold a valid Driver' s license issued by the State of
Texas ;
(d) be able to communicate effectively in the English
"` ` language;
�_� (e) not be afflicted with a physical or mental disease or
disability that is likely to prevent him from exercising ordinary and
reasonable control over a motor vehicle or that is likely to otherwise
endanger the public health or safety;
(f) not have been convicted of more than four moving traffic
violations arising out of separate transactions (within any 12 month
period during the preceding 36 months) ;
(g) not have been involved in more than two automobile
accidents in which it could be reasonably determined that the applicant
was at fault (within any 12 month period during the precading 36
months) ;
(h) not have been convicted of a crime:
(A) involving: -
(i) criminal homicide as defined in Chapter 19 of the
Texas Penal Code;
(ii) kidnapping as defined in Chapter 20 of the Texas
!""�"" Penal Code;
'�+' 12
(iii) a sexual offense as defined in Chapter 21 of the ��
Texas Penal Code;
(iv) an assaultive offense as defined in Chapter 22 of��
the Texas Penal Code;
(�) robbery as defined in Chapter 29 of the Texas Pena�
Code;
(vi) burglary as defined in Chapter 30 of the Texas
Penal Code, but only if the offense was committed against a person with
whom the applicant came in contact w�i�t� while engaged in a passenger
transportation service;
(vii) theft as defined in Chapter 31 of the Texas Pena1
Code, but only if the offense was committed against a person with whom
the applicant came in contact wi-t�r while engaged in a passenger
transportation service;
(biii) fraud as defined in Chapter 32 of the Texas Penal
Code, but only if the offense was committed against a person with whom
the applicant came in contact mit� while engaged in a passenger
transportation service ;
' (ix) tampering with a governmental record as defined in
, Chapter 37 of the Texas Penal Code, but only if the offense was
, committed in connection with irr a passenger transportation service; �'�
', (x) public indecency (prostitution or obscenity) as ,��
� defined in Chapter 43 of the Texas Penal Code;
(xi) the transfer, carrying or possession of a weapon
in violation of Chapter 46 of the Texas Penal Code, but only if the
violation is punishable as a felony;
(xii) a violation of the Dangerous Drugs Act (Article 447
6-14, Vernon's Texas Civil Statutes) that is punishable as a felony;
(xiii) a violation of the Controlled Substances Act
(Article 4476-15, Vernon' s Texas Civil Statutes) that is punishable as a
felony; or
(xiv) criminal attempt to commit any of the offenses
listad in Subdivision (h) (A) (i) - (xiii) of this subsection;
(B) and, for which:
(i) less than two years have elapsed since the date of
conviction or the date of release from confinement imposed for the
conviction, whichever is the later date, if the applicant was convicted
of a misdemeanor offense; ,��
w�i
13
I
( ii) less than five years have elapsed since the date o°
�� conviction or the date of release from confinement for the conviction,
whichever is the later date, if the applicant was convicted of a felony
offense; or
�, .
(iii) less than five years have elapsed since the date of
the last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if within any 24- month period,
the applicant has two or more convictions of any misdemeanor offense or
combination of misdemeanor offenses;
(i) not have been convicted of, or discharged by probation cr
deferred adjudication for, driving while intoxicated:
(A) within the preceding 12 months; or
(B) more than one time within the preceding 5 years;
(j ) ri"bt be addicted to the use of alcohol or narcotics ;
(k) be subject to no outstanding warrants of arrest;
(1) be sanitary and well-groomed in dress and person;
(m) be recommended by a
Hclder; and
p.. .,
(n) have successfully completed within the preceding 12 months
� � a defensive driving course approved by the Texas Education Agency and be
able to present proof of completion.
(2) An applicant who has been convicted of an offense listed in
Subsection (1) (h) or (i) , for which the required time period has
elapsed since the date of conviction or the date of release from
confinement imposed for the conviction, may qualify for a Scheduled
Shuttle Service Driver' s permit only if the Administrator determines
that the applicant is presently fit to engage in the occupation of a
Scheduled Shuttle Service Driver. In determining present fitness under
this section, the Administrator shall consider the following:
(a) the extent and nature of the applicant' s past criminal
activity;
(b) the age of the applicant at the time of the commission of
the crime;
(c) the amount of time that has elapsed since the applicant' s
last criminal activity;
(d) the conduct and work activity of the applicant prior to
� ` and following the criminal activity;
''�� 14
(e) evidence of the applicant ' s rehabilitation or �'"�
rehabilitative effort while incarcerated, following release or othe r�i:
following conviction; and
(f) other evidence of the applicant' s present fitness, ��
including letters of recommendation from prosecution, law enforcement,
and correctional officers who prosecuted, arrested, or had custodial or
rehabilitative responsibility for the applicant; the sheriff and chief
of police in the community where the applicant resides; and any other
persons in contact with the applicant.
(3) It is the responsibility of the applicant to the extent
possible, to secure and provide to the Administrator the evidence
required to determine present fitness under Subsection (2) of this
section and under Section 3 . 8 (1) of this article.
(4) As an additional qualification for a Scheduled Shuttle Service
Driver' s permit� the Administrator may uniformly require applicants to
pass an examination given by the Administrator that tests an applicant ' s
knowledge of traffic laws, a Driver' s duties under the Rules and
, Regulations, and the geography and road networks of the cities or
�I counties surrounding the Airport.
SECTION 3-3 . APPLZCATION FOR SCHEDULED SHUTTLE SERVICE
I� DRIVER� S PERMIT
' ��
To obtain a Scheduled Shuttle Service Driver' s permit or renewal c
a Scheduled Shuttle Service Driver' s permit, a person must file a �,,,�
completed written application with the Administrator on a form provided
for that purpose. The Administrator s3�a�-� may require each application
to state such information he considers necessary to determine whether an
applicant is qualified.
SECTION 3-4 . IN4ESTIGATION OF APPLICATION
(1) For the purpose of determining qualification under Section 3- 2
(1) (e) , the Administrator may require an applicant to submit to a
physical examination at the applicant's expense conducted by a licensed
physician acceptable to the Administrator and to furnish to the
Administrator a statement siqned by the physician, certifying that the
physician has examined the applicant and that in the physician' s
professional opinion the applicant is qualified under Section 3-2 (1)
(e) and able to operate a Scheduled Shuttle Vehicle at the Airport.
(2) The Administrator may conduct any other investigation he
considers necessary to determine whether an applicant for a Scheduled
Shuttle Service Driver' s permit is qualified.
��
��
15
�I
I
� , SECTION 3-5 . ISSIIANCE AND DENIAL OF SCHEDULED SHIITTLE
SERVICE DRIQER' S PERMIT
( 1) If the Administrator determines that an applicant is qualified,
`� ' he shall issue a Scheduled Shuttle Service Driver' s permit to the
applicant.
(2) The Administrator shall delay until final adjudication or other
disposition the approval of the application of any applicant who is
under indictment for or has charges pending for:
(a) a felony offense involving a crime described in Section 3-
2 (h) (A) (i) , (ii) , (iii) , (iv) , (v) or criminal attempt to commit any c�
those offense; or
(b) any offense involving driving while intoxicated.
(3) The Ad�ninistrator may deny the application for a Scheduled
Shuttle Service Driver' s permit if the applicant:
(a) is not qualified under Section 3-2 ;
(b) refuses to submit to or does not pass a medical or written
examination authorized under Section 3-2 or Section 3-4 ; or
<� � (c) makes a false statement of a material fact in his
application for a Scheduled Shuttle Service Driver' s permit.
' �..:,
(4) If the Administrator determines that a Scheduled Shuttle
Service Driver' s permit should be denied the applicant, the
Administrator shall notify the applicant in writing that his application
is denied and include in the notice the reason for denial and a
statement informing the applicant of his right of appeal.
SECTION 3-6. E%PIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF
STATE DRIQER�B LICENSE
Except in the case of a probationary or provisional permit, a
Scheduled Shuttle Service Driver' s perznit expires two years from the
date of issuance. If a penaittee' s state driver' s license is suspended
or revoked by the state, his Scheduled Shuttle Service Driver' s permit
automatically becomes void. A permittee shall notify the Administrator
within threa days of a suspension or revocation of his driver' s license
by the state and shall immediately surrender his Scheduled Shuttle
Service Driver' s permit to the Administrator.
SECTION 3-7 . PROVISIONAL PERMIT
�°� (1) The Administrator may issue a provisional Scheduled Shuttle
Service Driver' s permit if he determines that:
� , .
16
(a) the number vf Scheduled Shuttle Drivers is inadequate to��
meet the Airport ' s need for Scheduled Shuttle Service, in which case h
may issue the number necessary to meet the need; '
(b) it is necessary to allow the Administrator to complete ���
investigation of an applicant for a Scheduled Shuttle Service Driver' s
permit.
(2) A provisional Scheduled Shuttle Service Driver' s permit expires
45 days from the date of issuance, or upon the applicant ' s being denied
a Scheduled Shuttle Service Driver' s permit, whichever occurs first.
(3) The Administrator may issue a provisional permit to a person
holding a state Driver' s license, in accordance with Article 6637 b,
Section 5 (b) , Vernon' s Texas Statutes.
SECTION 3-8. PROBATIONARY PERMIT
(1) The Adfiinistrator may issue a probationary Scheduled Shuttle
Service Driver's permit to an applicant who is not qualified for a
Scheduled Shuttle Service Driver' s permit under Section 3-2 if the
, applicant:
', (a) could qualify under Section 3-2 for a Scheduled Shuttle
� Service Driver' s permit within one year from the date of application;
�'�
(b) holds a valid state driver' s license
; a�nc�
r�r�
(c) is determined by the Administrator, using the criteria
listed in Section 3-2 (2) of this article, to be presently fit to er.gage
in the occupation of a Scheduled Shuttle Service Driver.
(2) A probationary Driver's permit may be issued for a period not
to exceed one year.
(3) The Administrator may prescribe appropriate terms and
conditions for a probationary Scheduled Shuttle Service Driver's permit
as he determines are necessary.
SECTION 3-9. DIIPLICATE PERMIT
If a Scheduled Shuttle Service Driver' s permit is lost or
destroyed, the Administrator may issue the permittee a duplicate permit
upon receiving payment of a duplicate permit fee in accordance with the
Dallas/Fort Worth International Airport Board Schedule of Charges, as
amended.
��
17
��
SECTION 3-10 . DISPLAY/SIIRRENDER OF PERMIT
� _
(1) While on duty a Scheduled Shuttle Service Driver shall
conspicuously display his Scheduled Service Driver' s Permit issued by
�,.,,, the Administrator on the upper portion of t�rczr his outer clothing.
(2) The Scheduled Shuttle Service Driver' s permit is the property
of the Dallas/Fort Worth International Airport and must be surrendered
upon termination or when deemed invalid or upon request by the
Administrator, or a D/FW Airport Board official , peace officer, or City
of Dallas Transportation Regulation employee.
(3) A Scheduled Shuttle Service Driver shall allow the
Administrator, D/FW Airport Board official, peace officer or City of
Dallas Transportation Regulation employee to examine his Scheduled
Shuttle Service Driver' s permit upon request.
SECTION 3-11. SIISPENSION BY A DESIGNATED REPRESENTATIVE
(1) Zf a representative designated by the Administrator to enforce
these Rules and Regulations determines that a permittee has failed to
comply with the Rules and Regulations (except Section 3-2) , the
representative may suspend the Scheduled Shuttle Service Driver's per,uit
for a period of time not to exceed 30 days by serving the permittee wit!�
a written notice of the suspension. The notice must include:
� (a) the reason for suspension;
� .� (b) the date the suspension begins;
(c) the duration of the suspension; and
(d) a statement infortning the permittee of his right of
appeal .
(2) A suspension under this section may be appealed to the
Administrator if the permittee submits a written request to req�re�ts—an
appeal to the Administrator within ten days of receiving written notice
of the suspension. When an appeal is requested, the suspension may not
take effect until a decision on the appeal is issued by the
Administrator.
(3) The Administrator may order an expedited hearing under this
section, to be held as soon as possible after the permittee requests an
appeal. The Administrator may affirm, reverse, or modify the order of
the representative.
(4) A permittee whose Scheduled Shuttle Service Driver's permit is
suspended shall not originate a Scheduled Shuttle Service trip at the
Airport during the period of suspension. The Administrator may also
�� order that the ermittae not terminate tri s at the Ai
p p rport during the
period of suspension.
�'�"' 18
SECTZON 3-12 . SII3PENSION OF SCHEDIILED SHIITTLE SERVICE ���
DRIPER� B PERMIT
(1) If the Administrator determines that a permittee has failed t��
comply with any provision of the Rules and Regulations (except Section
3-2) , the Administrator may suspend the Scheduled Shuttle Service
Driver' s permit for a definite period of time not to exceed six months
or set an administrative fine in accordance with Section 8-7 .
(2) If at any time the Administrator determines that a permittee is
not qualified under Section 3-2 , the Administrator shall suspend the
Scheduled Shuttle Service Driver' s permit until the Administrator
determines that the permittee is qualified. A Driver shall provide the
Administrator with necessary information or proof of his qualifications
upon request.
(3) A permittee whose Scheduled Shuttle Service Driver' s permit is
suspended shall not originate a Scheduled Shuttle Service trip at the
Airport during ��he period of suspension. The Administrator may also
order that the permittee not terminate trips at the Airport during the
, period of suspension.
(4) The Administrator shall notify the permittee and the Holder
employing the permittee, in writing, of a suspension under this section.
The notice must include:
�'�
(a) the reason for the suspension;
� (b) the date the Administrator orders the suspension to begin�,-�
', (c) the duration of suspension or if it is under Subsection
(2) ; and
(d) a statement informinq the permittee of his right of
appeal .
(5) The period of suspension begins on the date specified by the
Administrator, or in the case of an appeal, on the date ordered by the
appeal hearing officer .
SECTION 3-13. REVOCATION OF SCHEDIILED SHIITTLE SERVICE
DRIVER�B PERMIT
(1) The Administrator may revoke a Scheduled Shuttle Service
Driver's permit if the Administrator determines that the permittee:
(a) operated a Scheduled Shuttle Vehicle inside the Airport
during a period in which his Scheduled Shuttle Service Driver' s permit
was suspended;
�'�
(b) made a false statement of a material fact in his
application for a Scheduled Shuttle Service Driver�s permit;
; 19
��
I�i
I
(c) engaged in conduct that constitutes a ground for
� = suspension under Section 3-12 ( 1) and received either a suspension in
excess of 10 days or a conviction for violation of the Rules and
Regulations, two times within the 12-month period precedinq the conduct
� or three times within the 24-month period preceding the conduct;
(d) was convicted of any felony offense listed in Section 3-2
while holding a Scheduled Shuttle Service Driver' s permit;
(e) engaged in conduct that could reasonably be determined to
be detrimental to the public safety;
(f) failed to comply with a condition of a probationary
permit;
(g) failed to surrender the appropriate scrip tickets for the
payment of fees prescribed in Section 2-9 in the manner approved by the
Administrator; or
(h) b'�erated a vehicle for a Person not holding a valid
Scheduled Shuttle Service operating Authority.
(2) A person whose Scheduled Shuttle Service Driver' s permit is
revoked shall not:
(a) apply for another Scheduled Shuttle Service Driver' s
permit before the expiration of 24 months from the date the
"` Administrator revokes the permit or, in the case of an appeal , the date
the appeal hearing officer affirms the revocation; or
�7..�,
(b) operate a Scheduled Shuttle Vehicle at the Airport.
(3) The Administrator shall notify the permittee in writing of a
revocation. The notice shall include:
(a) the reason for the revocation;
(b) the date the Administrator orders the revocation; and
(c) a statement informing the permittee of his right of
appeal .
SECTION 3-14 . SCHEDIILED SHIITTLE OPER.ATION AFTER SIISPEN3ION OR
REVOCATION
(1) After receiving notice of suspension or revocation of a permit
or denial of a permit renewal, the permittee shall, on the date
specified in the notice, surrender his Scheduled Shuttle Service
Driver's permit to the Administrator and discontinue operating a
Scheduled Shuttle Vehicle at the Airport.
�
'� 2 0
(2) Notwithstanding Section 3-12 (3) and Subsection (1) of this ��
section, if the permittee appeals the suspension or revocation of a
Scheduled Shuttle Service Driver' s permit, he may continue to drive a
Scheduled Shuttle Vehicle at the Airport pending the appeal unless :
rw i
(a) the permittee is not qualified under Section 3-2 ; or
(b) the Administrator determines that continued operation by
the permittee would impose an immediate threat to the public safety.
(3 ) A Driver shall comply with the decision of the appeal hearing
officer.
(4) Upon completion of a suspension, it is the Driver' s
responsibility to retrieve his permit prior to resuming operations .
SECTION 3-15. APPEAL OF DENIAL, SIISPENSION, OR REVOCATION
The deniaY`- of an application for issuance or renewal of a Scheduled
Shuttle Service Driver' s permit, a suspension of a Scheduled Shuttle
Service Driver' s permit under Section 3-12 , or a revocation of a
', Scheduled Shuttle Service Driver' s permit may be appealed in accordance
, with Section 8-5 of the Rules and Regulations.
SECTION 3-16. NONTRANSFERABILITY
�'�
(1) A Scheduled Shuttle Service Driver' s permit, badge, decal,
ticket, or emblem assigned to one person is not transferable to anothe:��
(2) A Scheduled Shuttle Service Driver' s permit is not transferable
to another company and becomes invalid upon termination of the Driver' s
employment for any reason unless authorized by the Administrator.
(3) A Person commits an offense if he:
(a) forges, alters, or counterfeits a Scheduled Shuttle Service
Driver's permit, badge, decal, ticket, or emblem required by the Rules
and Regulations or other applicable law; or
(b) possesses a forged, altered, or counterfeited Scheduled
Shuttle Service Driver's permit, badge, decal, ticket, or emblem
required by the Rules and Regulations or other applicable law; or
(c) possesses more than one Scheduled Shuttle Service Driver' s
permit, badge, decal, ticket, or emblem required by the Rules and
Regulations or other applicable law.
SECTION 3-17. CIIRRENT MAILING ADDRESB OF PERMITTEE
(1) A person issued a Scheduled Shuttle Service Driver's permit �r�
shall maintain a current mailing address on file with the Administrato2 `
� .r.:�
21
(2) The pertnittee shall notify the Administrator of any change in
� this mailing address within five business days of the change.
ARTZCLE IV
� � MISCELLANEOUS HOLDER AND DRIVER REGULATIONS
� SECTZON 4-1. HOLDER� S AND DRIVER� S DIITY TO COMPLY
(1) Holder. In the operation of a Scheduled Shuttle Service, a
Holder shall comply with the terms and conditions of the Holder' s
Operating Authority, Lawful Orders of the Administrator, and, except to
the extent expressly provided other,�ise by the Operating Authority, the
Rules and Regulations, and other laws applicable to the operation of a
Scheduled Shuttle Service.
(2) Driver. While operating a Scheduled Shuttle Vehicle at the
Airport, a Driver shall comply with the Rules and Regulations, other
laws applicable to the operation of a motor vehicle in this state,
Lawful Orders of the Administrator, and orders issued by the Holder
employing or contracting with the Driver in connection with the Holder' s
discharge of its duty under its Operating Authority and the Rules and
Regulations.
SECTION 4-2 . HOLDER� S DUTY TO ENFORCE COMPLIANCE BY DRIVERS
(1) A Holder shall establish policy and take action to discourage,
prevent, or correct violations of the Rules and Regulations, brocedures
and Lawful Orders by Drivers who are employed by the Holder.
�,:,..�
(2) A Holder shall not permit a Driver who is employed by the
Holder to operate a Scheduled Shuttle Vehicle in Scheduled Shuttle
Service if the Holder knows or has reasonable cause to suspect that the
Driver is in violation of the Rules and Regulations or other applicable
law, the terms of his Scheduled Shuttle Sei-vice Driver' s Permit, or the
Lawful orders of the Administrator.
SECTION 4-3. DRIVER A3 EMPLOYEE
(1) All Drivers of a Scheduled Shuttle Service shall be bona fide
employees of the Holder.
(2) A Driver mav not allow another Person to drive or ooerate his
Scheduled Shuttle Vehicle unless such a Derson is emploved bv the Holder
to ooerate a Scheduled Shuttle vehicle and the Driver has written
authority from the Holder.
SECTION 4-4 . IN3IIR�NCE
(1) A Holder shall procure and keep in full force and effect
„��, automobile liability insurance, written by an insurance company approved
to do business in the State of Texas and acceptable to the city
Administrator, issued in the standard form approved by the State Board
22
of Insurance. The insured provisions of the policy must name the ���
Dallas/Fort Worth International Airport board, the City of Dallas, the
City of Fort Worth, and their respective officers and employees as
additional insureds and the coverage provisions must provide coverage ��
for any loss or damage that may arise to any person or property by
reason of the operation of a Scheduled Shuttle Service by the Holder.
(2) The automobile liability insurance must provide limits of
liability for bodily injury and property damage of not less than
5500, 000 for each occurrence, combined single limit, or the equivalent,
for each motor vehicle used by the Holder, with a maximum deductible of
not more than 51, 000 per claim. Aggregate limits of liability are
prohibited. The insurance must include uninsured and underinsured
motorist coverage in amounts not less than $40, 000 per accident and
$20, 000 per person for bodily injury and $15, 000 per accident for
property damage, or the equivalent.
(3) If a vehicle is removed from service, the Holder shall maintain
the insurance coverage required by this section for the vehicle until
the Administrator receives satisfactory proof that all evidence of
, operation as a Scheduled Shuttle Vehicle has been removed from the
�I vehicle and that the vehicle has in fact been removed from service.
I (4) Insurance required under this section must:
(a) Include a cancellation provision in which the insuranc���
; company is required to notify the Administrator in writing not fewer
, than 30 days before cancelling, failing to renew, or making a material ��
, change to the insurance policy; and
', (b) Include a provision to cover all vehicles, whether owned
, or not owned by the Holder, operated under the Holder' s Operating
Authority.
(s) No insurance required by this section may be obtained from an
assigned risk pool .
(6) Operating Authority will not be granted or renewed unless the
applicant or Holder furnishes the d-irector Administrator with such proof
of insurance as the �� Administrator considers necessary to
determine whether the applicant or Holder is adequately insured under
this section.
(7) A copy of documents establishing compliance with insurance
requirements shall be on file with the Administrator at all times.
(8) Failure to maintain minimum insurance standards shall result
in the immediate suspension of the Holder's Operating Authority.. If the
Operating Authority is suspended for failure to maintain insurance, it
may not be reinstated until satisfactory proof of insurance meeting w��
minimum requirements is submitted and confirmed by the Administrator.
23
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I
(a) A person commits an offense if he operates a passenger
'` `� transportation service while his Operating Authority is suspended under
this Subsection, whether or not the action is appealed.
�..-� (b) A fee for reinstatement Operating Authority after a
suspension under Subsection will be in accordance with the Dallas/Fort
Worth Airport Board Schedule of Charges.
(9) If new insurance is not obtained within 45 days of being
lapsed or canceled, the Holder must submit a new application for
Operating Authority as listed in Section 2-2 , and pay all fees as
required by Section 2-9 of these Rules and Regulations.
SECTION 4-5. HOLDER� S SERVICE RESPONSIBILITIES
(1) A Holder shall provide Scheduled Shuttle Service for passengers
at the Airport in accordance with service levels and standards approved
by the Administrator, the Airport Board, and the Cities of Da12as and
Fort worth.
(2) A Holder shall cooperate with the Administrator in all phases
of Scheduled Shuttle Service operations to provide prompt, efficient,
and economical service and shall respond promptly to specific requests
by the Administrator for Scheduled Shuttle Service during periods of
shortage.
� r
SECTION 4-6. INFORMATION TO BE SIIPPLIED IIPON REQIIEST
OF ADMINISTRATOR
�,:,H
In addition to any other information or upon request of the
Administrator, a Holder shall submit to the Administrator the foliowing
information:
(1) a current list of vehicles;
(2) a current financial statement which includes a balance
sheet/income statement;
(3) names of current officers, Owners, and managers of the
Scheduled Shuttle Service; and
(4) a list of the names and Scheduled Shuttle Service Driver's
permit numbers of current Drivers employed by the
Holder.
A.RTICLE V
SERVICE RULES AND REGULATIONS
SECTION 5-1. PARRING
��
(1) A Driver shall park only on designated Scheduled Shuttle
Vehicle Holding Stands while serving the Airport.
�` 2 4
(2) A person commits an offense if he: ��
(a) parks a vehicle on a Scheduled Shuttle Vehicle Holding
Stand without authorization from the Administrator; or �'�
(b) leaves a vehicle unattended on a Scheduled Shuttle Vehicle
Holding Stand; except, that a Driver may leave his Scheduled Shuttle
Vehicle to provide such assistance to a passenger as is reasonably
necessary after being engaged.
(3) In proving an offense under Subsection (2) (a) , it is prima
facie evidence that a vehicle is unauthorized if the vehicle is not
equipped with a decal in accordance with Section 7-3 of these Rules and
Regulations.
(4) A vehicle left unattended on a Scheduled Shuttle Vehicle
Holding Stand in violation of Subsection (2) (b) is illegally parked and
may be removed��from the Holding Stand and impounded with all towing and
storage fees to be paid by the vehicle Owner.
, SECTION 5-2 . REGUL.ATIONS FOR �SE OF HOLDING STANDS
', (1) While using a Scheduled Shuttle Vehicle Holding Stand, a
, Scheduled Shuttle Service Driver shall not:
', (a) leave his Scheduled Shuttle Vehicle except to provide sL��
assistance to a passenger as is reasonably necessary after being
engaged; �,,�
' (b) perform or allow to be performed repairs or maintenance on
a Scheduled Shuttle Vehicle while parked on the Holding Stand; or
' (c) utilize the Holding Stand while off duty.
' (2) A Scheduled Shuttle Service Driver operating a Scheduled
Shuttle Service Vehicle shall:
(a) remain at the Holding Stand only long enough to load or
discharge passengers and then expeditiously progress to the next
scheduled Holding Stand or exit the Airport; and
(b) enter a Holding Stand only at those times listed in the
schedule on file with the Administrator.
SECTION 5-3. LOADING AND DISCHARGE OF PASSENGERS
(1) A Driver shall load passengers and baggage into a Scheduled
Shuttle Vehicle only at designated Holding Stands.
(2) Unless otherwise authorized by the Administrator, a Driver ,,,��,�
shall use the lower level at terminals to discharge passengers, except
when increased hardship would result to a passenqer afflicted with a
sevcre physical or mental disability.
..�r
' 25
',
� , SECTION 5-4 . CRUZSING T�E AIRPORT
( 1) A Driver shall not cruise the Airport. A Driver is "cruising"
anytime he drives a Scheduled Shuttle Vehicle within 1, 000 feet of a
�-y terminal or a hotel on the Airport without:
(a) a passenger to be discharged at the terminal or hotel ;
(b) followinq the approved schedule and route contained in the
Holder' s Operating Authority, if applicable;
(c) trip authorization by the Administrator;
(d) taking a direct route to leave the Airport.
SECTION 5-5. SOLICITATZON AND ACCEPTANCE OF PASSENGER3
(1) A pers�on commits an offense if he:
(a) by word or gesture solicits or accepts a passenger for a
Scheduled Shuttle Vehicle at the Airport in a location other than an
area specifically authorized by the Administrator for the solicitation
or acceptance of Scheduled Shuttle Service passengers ;
(b) solicits a passenger by means of an electronic device
� -.. designed to amplify sound or in a manner that unreasonably annoys or
obstructs the movement of a person; or
�� (c) pays an employee of another business to solicit passengers
for or give preferential treatment in directing passengers to a
Scheduled Shuttle Vehicle, unless the person has written permission fror�
the Administrator and the Executive Director of the Airport or his
designated representative.
(z) A person who acts as an agent in obtaining Scheduled Shuttle
Service for prospective passengers shall not:
(a) solicit passengers for the service; or
(b) accept payment from a Driver or Holder in return for giving
preferential treatment in directing passengers to the Driver' s or
Holder' s Scheduled Shuttle Service.
,
(3) A person commits an offense if he:
�
� ,
26
(a) solicits on behalf of a Scheduled Shuttle Service, Holder�
or Driver that does not have a valid Operating Authority, or valid
permit under this chapter; or
�.�
(b) hires, employs, or engages a Scheduled Shuttle Service,
Holder, or Driver that does not have a valid permit or valid Operating
Authority under this chapter.
SECTION 5-6. CONDIICT OF DRIQER
(1) A Driver shall :
(a) conduct himself in a reasonable, prudent, and courteous
manner;
(b) maintain a sanitary and well-groomed appearance;
(c) not,,, while operating a Scheduled Shuttle Vehicle, consume,
possess or be under the influence of:
�� (i) any alcoholic beverage;
(ii) any drug; or
' (iii) any other substance which could adversely affect his �,�
ability to drive a motor vehicle;
(d) not interfere with the Administrator in the performance oP��
his duties;
(e) not gather, congregate, or otherwise obstruct entrances or
passageways of any terminal, hotel, Airport building or roadway in a
manner that unreasonably annoys or impedes _the movement of a person or
vehicle;
I (f) comply with Lawful Orders of the Administrator issued in
the performance of his duties;
(g) not deposit any bottle, can, trash, debris, junk, food, or
other object on or around a Holding Stand, building or Airport roadway
except in an authorized trash receptacle; and
(h) not file a false report or make a false statement to the
Administrator.
SECTION 5-7. RETIIRN OF PASSENGER'8 PROPERTY
(1) Upon finding property left by a passenger in a Scheduled
Shuttle vehicle, the Driver shall immediately return the property to th�,�
owner of that property.
�.�
' 27
,
(2 ) If the Driver is unable to locate the owner or if the Driver
� ` does not know the identity of the owner, the Driver
shall immediately notify by radio or telephone, the Holder of any
property left by a passenger in a vehicle, deliver the property to the
� � Holder and notify the Administrator of the location and description of
the property.
SECTION 5-8 . PREAR.RANGED SHQTTLE SERVICE
( 1) Prearranged shuttle service, or service provided by a shuttle
service on a prearranged basis is not permitted at the Airport without
prior approval from the Administrator.
(2) It is a defense to prosecution that such service was provided
by a city, state, or federal transit agency, or recognized regional
transit authority.
SECTION 5-9 . SCHEDIILED SHIITTLE SERVICE
w
(1) Scheduled Shuttle Vehicles shall be operated along routes or in
accordance with schedules as specified in the Holder' s Operating
Authority that must be current and kept on file with the Administrator.
(2) A Driver or Holder shall follow the service schedule of times
and frequency on file with the Administrator, except that in the case a
Scheduled Shuttle Vehicle is filled to seating capacity prior to
` reaching the next scheduled location. In this case, the following
procedure must be followed:
�, .�
(a) The Administrator shall authorize the Scheduled Shuttle
Vehicles to leave the Airport and shall authorize another Scheduled
Shuttle Vehicle of the same authorized company to complete the schedule
of times and frequency.
(b) An additional vehicle shall be dispatched by the Holder to
complete the schedule of times and frequency on file with the
Administrator.
(3) A Driver or Holder commits an offense if he:
(a) drives into a terminal area or solicits or accepts
passengers at a time or location or in a manner other than as provided
for in the Holder' s �perating Authority;
(b) enters into a terminal area in a Scheduled Shuttle Vehicle
without displaying an outbound destination sign that is clearly visible,
both day and night, to awaiting passengers;
(c) solicits o� acceots a passenger intended for another
�-�
Scheduled Shuttle Vehicle with a different destination;
�`' 2 8
(d) transfers a gassenaer that he accepted to another Schedul���
Shuttle Vehicle with a different destination; and
(e) makes more than one comolete circuit throuQh the Airport ��
Terminal Areas with outbound passengers on board.
(5) A Scheduled Shuttle Service shall serve each approved route on
a frequency schedule with not more than 120 minutes between scheduled
departure times from the Airport. A Scheduled Shuttle Service shall
provide continuous service at least 12 hours a day, six days a week and
at least eight hours a day, one day a week. A Scheduled Shuttle Se r�ice
is not required to operate on the following holidays:
(a) New Year' s Day (January 1) ;
(b) Memorial Day (Last Monday in May} ;
(c) Ir�ependence Day (July 4) ;
(d) Thanksgiving Day (Fourth Thursday in November) and the day
, after;
'� (e) Christmas Day (December 25) ; and
(f) Easter Sunday.
�'�
' , +�r�
(6) Each Scheduled Shuttle Service shall provide service at times
specified in the Operating Authority. A Scheduled Shuttle Service shaZ?
' maintain an "on time" rating of zero to 10 minutes after scheduled
' arrival time for not less than 80 percent of the total scheduled trips.
Computation of "on time" ratinqs will be determined using sampling
procedures established by the Administrator.
(7) Each Holder of a Scheduled Shuttle Service using approved Sedan-
Type vehicles shall maintain a minimum of five (5) vehicles in service
for each zone or rcute serviced on a daily basis. Each Holder of a
Scheduled Shuttle Service using an approved Van-Type vehicle shall
maintain a minimum of five (5) vehicles for each zone or route serviced
on a daily basis.
(a) If a Scheduled Shuttle Service's minimum vehicle requirement
is not maintained, a show cause hearinq shall be automatically initiated
by the Administrator .
(b) Permanent Scheduled Shuttle Vehicles authorized for
Scheduled Shuttle Service shall be owned and registered by the Holder.
��
(c) All temporary and/or lease vehicles authorized for
temporary Scheduled Shuttle Service shall be controlled by the Holder.
. rrr ii
' 29
� ..
(8) A Holder of Scheduled Shuttle Service Operating Authority may
,�, , not subcontract his Operating Authority.
(9) A Holder/Owner of Operating Authority for Scheduled Shuttle
Service shall handle all customer complaints on a timely basis, and
advise the Administrator of any and all action taken in response to the
complaint.
( 10) The Administrator may establish additional procedures to
monitor the service levels of Scheduled Shuttle Service at the Airport,
including but not limited to:
(a) condition of Schedule Service Vehicles;
(b) con,�stancy of service at the Airport;
(c) adherence to all Rules and Regulations;
(d) Driver conduct; and
(e) passenger complaints.
�, ..
SECTION 5-10 . NOT-FOR-HIRE STATIIS OF SCHEDIILED SHUTTLES
(1) Each Scheduled Shuttle Vehicle operating at the Airport is
� .� presumed to be on duty and ready to serve the general public for hire.
If a Driver is not for hire and does not intend to provide Scheduled
Shuttle Service at the Airport, he shall comply with the following
requirements:
(a) The Driver shall place a sign, to be provided by the
Holder, in the Scheduled Shuttle Vehicle indicating the words "NOT FOR
HIRE" printed in letters not less than three inches in height with a
stroke of not less than 3/8 inch. The letters shall be on a backing of
sufficient thickness tc not easily bend.
(b) When a Driver is not for hire, he shall display the sign in
an upright position in the front window on the right side of the
Scheduled Shuttle Vehicle so as to be easily seen and read from outside
of the Scheduled Shuttle Vehicle.
(2) A Driver who is not for hire shall not park or stand his
Scheduled Shuttle Vehicle cn a Scheduled Shuttle Vehicle Holding Stand
or within 500 feet of a Scheduled Shuttle Vehicle Holding Stand or along
or in the one hour parking zones of the Airport roadways.
�.,�
� 30
ARTICLE VI. �'R�
FA.RES
SECTION 6-1. RATES OF FARE ��
(1) A Driver or Holder shall not charge a fare for operating a
Scheduled Shuttle Vehicle at the Airport that is inconsistent with the
rates authorized in the Holder' s Operating Authority.
(2) A Holder desiring to effect a change in the approved rates of
fare shall submit a written request in accordance with Section 2-4 of
the Rules and Regulations .
(3) The rates listed in the Holder' s Operating Authority shall be
strictly adhered to, and no change in rates may be implemented without
written approval of the Administrator.
(4) The Ac�,,,ministrator may require a Holder to display rates on or
within a Scheduled Shuttle Vehicle in a manner prescribed by the
, Administrator.
�I (5) The Driver or Holder shall give the person paying a fare a
ticket or receipt that indicates the name, address, and phone number of
the Scheduled Shuttle Service and the amount of the fare.
II ARTICLE VII. �'�
'�, VEHICLES AND EQUIPMENT
' ��
�, SECTION 7-1. VEHICLE INSPECTION
', (1) A Holder of a Scheduled Shuttle Service permit shall maintain
' all vehicles used in the service in a safe mechanical condition and
shall maintain the interior and exterior of the vehicles in good repair.
(2) A Holder shall have each vehicle to be used in Scheduled
Shuttle Service inspected in a manner approved by the Administrator
before Operating Authority is issued and at such other times as may be
ordered by the Administrator. Znspection shall determine safety of the
vehicle, condition of maintenance, and compliance with all state and
federal laws including those regulating emission of air contaminants.
(a) A Holder, Owner, or Driver shall make a Scheduled Shuttle
Vehicle available for inspection when ordered by the Administrator.
- (b) If a Holder, Owner, or Driver fails to make a Scheduled
Shuttle Vehicle available for inspection or if the Administrator
determines that a Scheduled Shuttle Vehicle is not in compliance with
the Rules and Regulations, the Administrator may order the Scheduled
Shuttle Vehicle removed from service at the Airport until it is made
available for inspecticn and/or brought into compliance. `"�"'�
��r
i
31
�_ (c) If the Administrator determines that inspection of the
mechanical condition or safety equipment of a Scheduled Shuttle Vehicle
by an expert mechanic or technician is necessary, the Holder, Owner, or
Driver shall pay the cost of the inspection.
�......
(3) A Holder may have a reasonable number of reserve vehicles
inspected for use when a vehicle designated by Operating Authority is
out-of-service. The Administrator shall determine the number of reserve
vehicles that a Holder may have inspected when reserve vehicle
inspection is requested.
(4 ) The fee for each inspection of each vehicle of a Holder wi11 'ce
in accordance with the Dallas/Fort Worth International Airport Board
Schedule of Charges, as amended.
(5) The Administrator shall designate the time and place for annual
inspection of vehicles operated under Operating Authority. If the
Administrator d,,,esignates someone other than a city employee to perfor:,i
the inspection, the applicant or Holder shall bear the reasonable cost
of inspection.
(6) A Holder may contract for maintenance but shall be responsible
for maintaining or seeing that all vehicles operated under his Operatir.g
Authority are maintained in safe operating condition.
�, ,. (7) If a vehicle is involved in an accident or collision during the
term of the permit, the Holder shall notify the Administrator within
five days after the accident. Before operating the vehicle again under
� -- the permit, the vehicle must be reinspected to insure that the vehicle
has been restored to its previous condition.
(8) The Holder/Owner shall immediately notify the Administrator of
any vehicle removed from service, and shal� be responsible for removing
from the vehicle any signs, markings, or equipment that would
distinguish the vehicle as a Scheduled Shuttle Vehicle, including, but
not limited to, radios, destination signs, headers, decals and rate
sheets.
SECTZON 7-2 . VEHICLE EQIIIPMENT
(1) A Holder, Owner, or Driver of a Scheduled Shuttle Vehicle shali
provide and maintain the following eguipment for each Scheduled Shuttle
Vehicle whether the vehicles used are Van-Type vehicles or Sedan-Type
vehicles:
(a) an air conditioner system capable of cooling the passenger
compartment to 20 degrees below the outside temperature and a heater;
(b) a fire extinquisher of at least one quart capacity located
�,� within Driver's reach;
�
32
(c) a decal complying with Section 7-3 of the Rules and ��
Regulations ;
(d) evidence of insurance; ��
(e) an approved header/destination sign attached to the vehicle
in a manner approved by the Administrator, that shows the destination of
the vehicle and that is clearly visible, both day and night, to awaiting
passengers ;
(f) a uniform paint/color scheme which has been approved by the
Administrator;
(g) a two-way radio on the company dispatcher' s frequency that
is operational during scheduled service hours;
(h) any other equipment required to comply with all applicable
Federal and State motor vehicle laws;
(i) any other special equipment that the Administrator
determines to be necessary; and
, (j ) a rate schedule approved by the Administrator posted inside
, the vehicle in a manner approved by the Administrator.
I, (2) In addition to equipment requirements specified in Section 7-��
(1) (a) -(j ) , a Holder, Owner, or Driver shall also provide and maintai:
' the following equipment for each Van-Type Scheduled Shuttle Vehicle us�,�
' in a Scheduled Shuttle Service:
(a) a designated luggage holding area located separately from
passenger seating; and
(b) the name of the company and the equipment number
permanently affixed to each side of the vehicle in letters not less than
three inches high with a one-half inch stroke.
(3) In addition to equipment requirements specified in Section 7-2
(1) (a) -(j ) , a Holder, Owner, or Driver shall also provide and maintain
the following equipment for each Sedan-Type Scheduled Shuttle Vehicle
used in a Scheduled Shuttle Service:
(a) a sign that has been approved by the Administrator and that
clearly displays the company name, phone number and vehicle number
permanently affixed on both sides of the vehicle in a manner approved by
the Administrator.
(b) a destination header attached in a manner approved by the
Administrator.
��
��
I 33
�i
(4) All Scheduled Shuttle Vehicles and all Scheduled Shuttle
� ° Vehicle equipment must comply with all applicable federal and state
motor vehicle safety standards.
�.� (5) This section does not apply to a Scheduled Shuttle Service with
all points of destination outside Dallas and Tarrant counties.
(6) The use of any type of ineter or measuring device for the
calculation of rates is prohibited.
(7) All temporary vehicles must have a fire extinguisher of at
' least one quart capacity, and a decal in accordance with Section 7-3 of
the Rules and Regulations, a magnetic sign that displays the company
name attached to both sides of the vehicle, and also be equipped with a
two-way radio on the company 's dispatched frequency that is operational
during the scheduled hours, and any other standards as determined by the
Administrator.
�
SECTION 7-3 . DECALS
(1) A Holder shall obtain from the Administrator a decal indicatinq
a Scheduled Shuttle Vehicle 's authority to operate at the Airport. The
decal must be attached to each Scheduled Shuttle Vehicle in a manner and
location approved by the Administrator. The decal is the property of the
Dallas/Fort Worth International Airport Board.
�- ...
(2) The Administrator may cause a decal to be removed from a
Scheduled Shuttle Vehicle which at any time fails to meet the minimum
�..:� standards for appearance, condition, age, or equipment. The fee for
reissuance of a decal to a Scheduled Shuttle Vehicle from which a decal
has been removed by the Administrator will be in accordance with the
Dallas/Fort Worth International Airport Board Schedule of Charges, as
amended.
(3) A person commits an offense if he:
(a) operates a Scheduled Shuttle Vehicle at the Airport with an
expired decal or with no decal affixed to it, except for the sale
purpose of terminating a trip that lawfully originated outside the
Airport;
(b) attaches a decal to a vehicle not authorized to operate as
a Scheduled Shuttle Vehicle at the Airport;
(c) parks a vehicle on a Scheduled Shuttle Vehicle Holding
Stand with an expired decal or with no decal affixed to it;
(d) interferes with the Administrator in the removing of the
decal in accordance with Section 7-3 (2) of this article; or
�
(el covers. conceals or attempts to cover or conceal the decal
� 34
SECTION 7-4 FALSE R.EpRgSENTATION A3 A SCHEDIILED BHIITTLE BERVZCB �f�
A Person commits an offense if he:
��
(1) represents that a vehicle is a Scheduled Shuttle Vehicle if the
vehicle is not in fact a Scheduled Shuttle Vehicle authorized to operate
at the Airport.
(2) operates a vehicle at the Airport that is not a Scheduled
Shuttle Vehicle if the vehicle is marked, painted, advertised, or
equipped in a way that is likely to result in mistaking the vehicle for
a Scheduled Shuttle Vehicle; or
(3) solicits or attempts to solicit passengers unless he is
operating a Scheduled Shuttle Vehicle that is authorized to serve the
Airport.
��" ARTICLE DIII
ENFORCEMENT
I�! SECTION 8-1. AIIT$ORITY TO INSPECT
The Administrator may inspect a Scheduled Shuttle Service operating
� at the Airport to determine whether the vehicle/service complies with
, the Rules and Regulations established for Scheduled Shuttle Service �"�
, operation or other applicable law.
' SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PIIBLIC SA.FETY ��
' (1) Upon specific request of the Administrator, officers of the
Airport's Department of Public Safety DPS may assist the Administrator
in the enforcement of the Rules and Regulations.
(2) A DPS g�c,e officer upon observing a violation of this
, chapter or the regulations established by the Administrator, may take
necessary enforcement action to insure effective regulations of
Scheduled Shuttle Services.
SECTION 8-3. CORRECTION ORDER
(1) If the Administrator determines that a Fiolder is in violation
of the terms of its Operating Authority, the Rules and Regulations, a
Lawful Order of the Administrator, or other law, the Administrator shal?
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 Hold�
to iaunediately cease use of the equipment.
��
i 35
�
�" " (2) If the Administrator determines that a violation is an imminent
and serious threat to the public health or safety, the Administrator may
order the Holder to correct the violation immediately. If the Holder
�,� fails to comply, the Administrator shall promptly take or cause to be
taken any action he considers necessary to the immediate enforcement of
the order.
(3) The Administrator shall include in a notice issued under this
section:
(a) an identification of the violation;
(b) the date of issuance of the notice;
(c) the time period within which the violation must be
corrected;
(d) a"'warning that failure to comply with the order may result
in suspension or revocation of Operatinq Authority, imposition of a
fine, or both; and
(e) a statement indicating that the order may be appealed to
the Executive Director of the Airport, or his designated representative.
SECTION 8-4 . SERDICE OF NOTICE
�..:i
(1) A Holder shall designate and maintain a representative to:
�:�
(a) receive service of notice required under the Rules and
Regulations to be given a Holder; and
(b) serve notice required under the Rules and Regulations to be
given a Driver employed by a Holder.
(2) Notice required under the Rules and Regulations shall be given
in the following manner:
(a) a Holder must be personally served with the notice by the
Administrator, or service may be accomplished by serving the Holder' s
designated representative, or the Holder may be served by certified
United States mail, five-day return receipt requested, to the address
last known to the Administrator of the person to be notified, or to the
designated representative of the Holder;
(b) a Driver penaitted under Article III must be personally
served by the Administrator or served by certified United States mail,
five-day return receipt requested, to the address, last known to the
Administrator, of the person to be notified, or to the designated
�•�-
representative for the Driver; or
�
36
(c) a person other than a Driver licensed under Article IIZ ��
a Holder may be served in the manner prescribed by Subsection (2) (b)
this section.
i�r�
(3) Service executed in accordance with this section constitutes
notice to the person to whom the notice is addressed. The date of
service for a notice that is mailed is the date of receipt.
SECTION 8-5. APPEALS
(1) If the Administrator denies issuance or renewal of Scheduled
Shuttle Service Operating Authority, suspends or revokes Scheduled
Shuttle Service Operating Authority, denies issuance or renewal of a
Scheduled Shuttle Service Driver' s permit, suspends a Scheduled Shuttle
Service Driver's permit under Section 3-12 , revokes a Scheduled Shuttle
.. Service Driver's penait, or issues a correction order under Section 8-3 ,
the action is final unless, within 10 days from the date of receiving
the written notice of the action, the affected applicant, Holder, or
Driver files an appeal, in writing, with the Executive Director of the
Airport specifying the reasons for the appeal .
'', (2) The Executive Director of the Airport or his designated
, representative shall act as the appeal hearing officer in an a
, hearing under this section. The hearing officer shall give thePeal
� appealing party an opportunity to present evidence and make argument i,�
his behalf. The formal rules of evidence do not apply to an appeal �
hearing under this section, and the hearing officer shall make his
ruling on the basis of a preponderance of evidence presented at the '�"�
hearing.
, (3) The hearing officer may affirm, modify, or reverse all or part
of the action or order of the Administrator being appealed. The
!i decision of the hearing officer is final unless the action appealed froa
I� is a suspension, revocation or denial of a Person�s license, operating
Authority or permit because of the Person�s prior Conviction of a crime
�,, and the crime s relationship to the license, operating Authority or
� permit. In that event, the appealing party may seek judicial review of
the action by the hearing officer in the State District Court pursuant
to Texas Revised Civil Statues Annotated, Article 6252-13d.
SECTZON 8-6. CRIMINAI, OFFEN3E8
(1) A person commits an offense if he violates or attempts to
violate a provision of the Rules and Regulations applicable to him. A
culpable mental state is not required for the commission of an offense
under the Rules and Regulations unless the provision defining the
conduct expressly requires a culpable mental state. A separate offense
is committed each time an offense occurs. An offense committed under
the Rules and Regulations is punishable by a fine not to exceed $500. ��
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' 37
(2) Prosecution of an offense under Subsection (1) does not prevent
� , the use of other enforcement remedies or procedures applicable to the
person charged with or the conduct involved in the offense.
��..�,
SECTION 8-7 . ADMINISTRATZVE FINES
(1) The Administrator or Executive Director of the Airport shall
have the authority to levy an administrative fine against a Holder,
Owner, or Driver who violates any provision of the Rules and
Requlations, in lieu vf any suspension action provided by Section 2-7
and Section 3-12 of the Rules and Regulations.
(2) The fines shall be in established in accordance with the Dallas/
Fort Worth International Airport Board Schedule of Charges, as amended.
(3) Delinquent or past due fines shall be cause for the
Administrator or Executive Director of the Airport to immediately
suspend any permit, Operating Authority, or written authorization of any
Holder, Owner or"`flriver until such fines are paid in full, or take any
other legal action deemed necessary to recover delinquent or past dues
fines.
�, .,
�,..�
��
;�,,, 3 8
�,. u.
CHAPTER SC
�..�
BUS RULES AND REGULATIONS
.�
� -.
� .�
Revised 9-13-90
��
� .
���
ARTICLE I
GENERAL PROVZSIONS ,��;
SECTION 1-1. STATEMENT OF POLICY
SECTION 1-2 . AUTHORITY FOR ENFORCEMENT
SECTION 1-3 . EXEMPTIONS
SECTION 1-4 . DEFINITIONS
SECTION 1-5. ESTABLISHMENT OF RULES AND REGULATIONS
SECTION 1-6 . ESTABLISHMENT OF PROCEDURES
ARTICLE ZI
OPERATING AUTHORITY
SECTION 2-1. OPERATING AUTHORITY REQUIRED; NONTRANSFERABILZTY
SECTION 2-2 . APPLICATZON FOR OPER.ATING AUTHORITY
SECTION 2-3 ..�„ LIMITATIONS OF OPERATING AUTHORITY
SECTION 2-4 . AMENDMENTS TO OPER.ATING AUTHORITY
SECTZON 2-5 . RENEWAL OF OPERATING AUTHORITY
I SECTION 2-6 . DENIAL OF APPLICATZON FOR ISSUANCE OR RENEWAL
� SECTION 2-7 . SUSPENSION AND REVOCATION OF OPERATING AUTHORITY
��� SECTZON 2-8 . APPEAL OF DENIAL, SUSPENSION, OR REVOCATION
' SECTION 2-9 . FEES ; ANNUAL ISSUANCE
I SECTION 2-10. ADVERTISEMENT OF BUS SERVICE
', SECTION 2-11. TEMPORARY OPERATING AUTHORITY ,��
' SECTION 2-12 . HOLDERS RECORDS AND REPORTS
W�
ARTICLE III
, BUS SERVICE DRIVER'S PERMIT
II SECTZON 3-1. BUS SERVICE DRIVER'S PERMIT REQUIRED
�, SECTION 3-2 . QUALIFICATION FOR BUS SERVICE DRIVER'S PERMIT
�� SECTION 3-3 . APPLICATION FOR BUS SERVICE DRIVER'S PERMIT
I SECTION 3-4 . INVESTIGATION OF APPLICATION
�, SECTION 3-5. ISSUANCE AND DENIAL OF BUS SERVICE DRZVER'S
I PERMIT
' SECTION 3-6. EXPIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF
STATE DRIVER'S LICENSE
SECTION 3-7. PROVISIONAL PERMZT
SECTION 3-8. PROBATIONARY PERMIT
SECTION 3-9. DUPLICATE PERMIT
SECTION 3-10. DZSPLAY/SURRENDER OF PERMIT
SECTION 3-11. SUSPENSION BY A DESIGNATED REPRESENTATIVE
SECTION 3-12. SUSPENSION OF BUS SERVICE DRIVER'S PERMIT
SECTION 3-13 . REVOCATION OF BUS SERVICE DRIVER'S PERMIT
SECTION 3-14 . BUS OPER.ATION AFTER SUSPENSION OR REVOCATION
SECTZON 3-15. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION
SECTION 3-16. NONTRANSFERABILITY �„��
SECTION 3-17. CURRENT MAILING ADDRESS OF PERMITTEE
� ���t
I
�< ..
ARTICLE IV
MISCELLANEOUS HOLDER A2�7D DRIVER REGULATIONS
"�' ° SECTION 4-1 . HOLDER'S AND DRIVER'S DUTY TO COMPLY
SECTION 4-2 . HOLDER'S DUTY TO ENFORCE COMPLZANCE BY DRZVERS�
SECTZON 4-3 . DRIVER AS EMPIAYEE
SECTION 4-4 . INSURANCE
SECTION 4-5 . HOLDER'S SERVICE RESPONSIBILITIES
SECTION 4-6. INFORMATION TO BE SUPPLIED ON REQUEST OF
ADMINISTRATOR
ARTICLE V
SERVICE RULES AND REGULATIONS
SECTION 5-1. PARKING
SECTZON 5-2 . ,ti REGULATIONS FOR USE OF HOLDING STANDS
SECTION 5-3 . LOADING AND DISCHARGE OF PASSENGERS
SECTION 5-4 . CRUISING THE AIRPORT
SECTION 5-5. SOLICITATION AND ACCEPTANCE OF PASSENGERS
SECTION 5-6. CONDUCT OF DRIVER
SECTION 5-7 . RETURN OF PASSENGER'S PROPERTY
SECTION 5-8 . PREARRANGED BUS SERVICE
SECTION 5-9. SCHEDULED BUS SERVICE
,�. ,, SECTION 5-10. NOT FOR HIRE STATUS OF BUSES
ARTICLE VI
+�,� FARES
SECTION 6-1. RATES OF FARE
ARTICLE VIZ
VEHICLES AND EQUIPMENT
SECTION 7-1. VEHICLE INSPECTION
SECTION 7-2. VEHICLE EQUIPMENT
SECTION 7-3 . DECAIS
SECTION 7-4 . FAISE REPRESENTATZON AS A BUS SERVICE
ARTICLE VIII
ENFORCEMENT
SECTION 8-1. AUTHORITY TO INSPECT
SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY
SECTION 8-3 . CORRECTION ORDER
SECTION 8-4 . SERVICE OF NOTICE
SECTION 8-5. APPEAIS
SECTION 8-6. CRIMINAL OFFENSES
��
SECTION 8-7. ADMINISTRATIVE FINES
�
A'�
BUS SERVZCE '��
Draft Revision
09-13-90
ARTICLE I
GENERAL PROVISIONS
SECTION 1-1. STATEMENT OF POLICY
It is the policy of the Dallas/Fort Worth Znternational Airport
Board and the cities of Dallas and Fort Worth to promote adequate and
efficient Bus S^ervice at the Dallas/Fort Worth International Airport.
To this end, Rules and Regulations for Bus operations at the Airport
j are developed to protect the public health and safety and to promotes
I, the public convenience and necessity, and respects the concept of free
'�i enterprise.
�� SECTION 1-2 . AUTHORITY FOR ENFORCEMENT
' The Director of Transportation for the City of Dallas is '���!
' designated as the Administrator of the Dallas/Fort Worth International
', Airport Bus Rules and Regulations. The Administrator shall imt�lement �,�i
' and enforce the Rules and Requlations and mav bv written order
establish such Rules or Regulations, not inconsistent with this
chapter as determined necessary to discharcre his dutv under, or to
effect the .policy of this chapter.
SECTION 1-3. EXEMPTIONS
(1) These Rules and Regulations do not apply to a Bus or to a
', Person operatinq a Bus that is:
(a) owned by a nonprofit organization and carrying only
passengers associated with that organization, if no compensation is
received from any other Person for carrying the passengers;
(b) provided by an employer or employee association for use
in transporting employees between the employees' homes and the
employer's place of business or between workstations, with the
employees reimbursing the employer or employee association in the
amount calculated only to offset the reasonable expenses of operating
the vehicle; or
(c) entering the Airport for the sole purpose of terminating �""�
trip that lawfully originated outside of the Airport, except when the
Bus is marked with a decal issued pursuant to this chapter.
, 1
��
i
(2) Articles III and VII (excludinq Section 7-3) of these Rules
� � and Regulations do not apply to:
(a) the driver of a Bus operated under authority granted by
�� the Interstate Commerce Commission to operate a regularly scheduled
route, if the driver is operating within the scope of his employment;
or '
(b) a Bus operated under authority granted by the Interstate
Commerce Commission to operate a regularly scheduled route.
(3) It is not a defense to prosecution that the Person was
operating a vehicle granted a certificate issued by the Texas Railroad
Commission, or granted operating authority by the Interstate Commerce
Commission for an irregularly scheduled route.
(4) These Rules and Regulations, except for Sections 5-1 through
5-6, do not apply to a Bus, or to a Person operating a Bus, that is
owned by the federal or state government or by a political subdivision
of the state.
L5) A Person or vehicle exempted under this subsection is subiect
to a fee in an amount to be desiQnated bv the Dallas/Fort Worth
International Airport Board Schedule of CharQes, as amended, for
operatinq at the AirQort usinq the Bus Holdin4 Stands, and obtaininq
an authorization decal as described in Section 7-3 of these Rules and
� Regulations.
SECTZON 1-� . DEFINITIONS
�,,,..»
The definition of a term in the Rules and Regulations applies to
each grammatical variation of the term, unless the context requires a
different definition:
(1) ADMINISTRATOR means the Director of Transportation for the
City of Dallas, or his authorized agent, with the responsibility of
implementing and enforcing the Dallas/Fort Worth International Airport
Bus Rules and Regulations.
(2) AIRPORT means the Dallas/Fort Worth International Airport.
(3) AIRPORT BOARD means the Dallas/Fort Worth International
Airport Board, the governing body of the Airport.
(4) BUS means a motor vehicle that has a manufacturer's rated
seating capacity of more than 15 passengers including the Driver and
that is used for the transportation of Persons on a prearranged basis.
(5) BUS SERVICE means a passenger transportation service operated
for hire on a prearranged basis that uses Buses in the operation of the
Service and includes, but is not limited to, a facility from which the
'°�' Service is operated, Buses used in the operation of the Service, a Bus
Driver, and a Person who owns, controls, or operates the Service.
ir.;.,, 2
��
(6) CONTIGUOUS means abutting, adjacent, adjoining, bordering, and
when concerning service zones, any address that can reasonably be
determined to be on route to a final destination. ��
(7) CONVICTION means a Conviction in a federal court or a court
of any state or foreign nation or political subdivision of a state or
foreign nation that has not been reversed, vacated, or pardoned.
(8) DRIVER means an individual who drives or operates a Bus.
(9) HOLDER means a Person, partnership, corporation, �oint
venture or other leqal entitv or relationship granted Operating
Authority to provide Bus Service at the Airport, or his designated
agent.
(10) HOLDING STAND means a public place reserved exclusively for
use by Buses and includes all authorized Bus queuing, loading, and
holding areas. �
' (11) LAWFUL ORDER shall mean a verbal or written directive issued
by the Administrator or the Administrator ' s duly authorized
I representative in the performance of their duties, in the enforcement
'� of the Rules and Regulations authorized by this article.
i
�I (12) LEGAL RESIDENT means a citizen of the United States or a ,�y�
Person residing in the United States in accordance with federal
'' immigration laws.
��1
(13) OPERATE means to drive or to be in control of a Bus.
', (14) OPERATING AUTHORITY means permission granted by the
i Administrator to operate a Bus Service at the. Airport.
;
I (15) OPERATOR means the Driver of a Bus, the Owner of a Bus, or
I the Holder of Bus Operating Authority.
' (16) OWNER shall be nresumed to mean the Person to whom state
' license plates for a vehicle have been issued.
(17) PERSON means an individual, corporation, government or
governmental subdivision, or an agency, trust, partnership or two or
more Persons having a joint or common economic interest.
I18) PREARRANGED means an appointment made with a Bus Service bv a
passenger, aroup of passencters, orcxanization, or business to provide
service, that was initiated bv the �assenqer, qroup of passenqers,
orQanization, or business contactinq the Bus Service by teleahone.
correspondence, or other oral or written communication.
�
��
'I 3
ii
�° ( 19) RULES AND REGULATZONS means the Bus Rules and Regulations
established under Chapter SC, "Bus Rules and Regulations, " of the Code
of Rules and Regulations of the Dallas/Fort Worth Znternational Airport
� ,w Board, as amended.
(20) SERVICE AREA means the area made up of the counties of Dallas,
Tarrant, Southeast Denton and Southwest Collin.
(21) TERMZNAL AREAS means the roadways parkincr 1_ots, curbside
zones and sidewalks servicinQ the arrival and departure areas of the
Air ort terminals includin but not limited to Terminals 2W 2E 3E
4E• and the roadwa s arkin lots curbside zones and sidewalks
servicinq the Airport hotels at 3E and 3W.
SECTZON 1-5 ESTABLISHMENT OF RIILES AND REGIILATION3
(1) Before adoptinct, amendin4 or repealinct a rule or _requlation,
the Administrat�r shall hold a public hearinq on the proposal . The
Administrator shall fix the time and place of the hearina and shall
notif each Holder and such other Persons as the Administrator
determines mavbe interested in the subiect matter of the hearinQ.
(2) After the public hearinct the Administrator shall notifv the
Holders and other interested Persons of anv action adoptinQ, amendin
or repealing a rule or regulation and shall post a__notice of such
� � action in one or more conspicuous places includinQ the DFW
International Airt�ort Transportation ReQUlation offlce. Such_postinct
must continue for a period not fewer than ten davs. The action shall
`�"�" become effective immediatelv upon expiration of the postinq period.
SECTION 1-6 ESTABLISHMENT OF PROCEDURES
The Administrator mav bv written order establish procedures not
inconsistent with the Rules and Reaulations which he determines are
necessarv to discharcte his dutv to imvlement the Rules and rec{ulations.
ARTICLE II
OPERATING AUTHORITY
SECTZON 2-1. OPERATING ADTHORITY REQOIRED; NONTRANSFER.ABILITY
(1) A Person or Owner shall not operate a Bus Service or solicit
passengers for a Bus Service at the Airport without Operating Authority
granted under the Rules and Regulations.
(2) A Person or Owner shall not transport a passenger for hire at
the Airport by Bus unless the Person driving the Bus or another who
�:..� employs or contracts with the Driver has been granted operating
Authority under the Rules and Regulations.
4
(3) It is NOT a defense to t�e prosecution that the Bus Service ��
originated the trip in another city, bringing passengers into D/FW
Airport to be returned to their original location.
�r�
(4) A Person shall not engage or hire a Bus which he knows does
not have Operating Authority or another form of permission from the
Administrator .
(5) Operating Authority may not be transferred to another Person.
SECTION 2-2 . APPLICATION FOR OPERATING AIITHORITY
(1) To obtain Operating Authority, a Person shall submit an
application on a form provided by the Administrator and a non-
refundable fee of $150 for processing the application to the
Administrator. The applicant must be the Person who owns, ,
�rperrrtes or who will own, the proposed Bus Service. An applicant shall
file with the ��4dministrator a written, verified application containing
the following:
', (a) a statement as to the type of Operating Authority (Bus
', Service) for which application is made, including a statement as to
I, which category (Prearranged Bus Service) the applicant proposes;
i
�', (b) a description of any past business experience of the
'', applicant, particularly in providing passenger transportation services,�'""�
! and an identification and description of any prior revocation or
�'�, suspension of a permit to operate a business or service using motor �„�
', vehicles held by the applicant, the listed business, an affiliated
', business, or a Person with a direct interest in the
', , ownershi_p of the business.
', (c) a descri�tion of the �roposed service, includinct exact
' rates of fare to be charQed;
' (d) the form of business of the applicant and, if the
, business is a sole proprietorship, partnership, corporation, or
�, association, a copy of the documents establishing the business and the
' name, address and citizenship or legal residence of each Person with a
' ownership in the business;
(e) the name, address, and verified signature of the
applicant;
(f) the name of the city from which the applicant is
authorized to operate a Bus Service and a copy of that city's document
authorizing the Bus Service;
(g) a list detailinQ the number and a description of the
vehicles the applicant proposes to use in the operation of the Bus
Service including year, make, model, manufacturer's rated seating �"�
capacity, motor identification number and state license registration
for each vehicle to be utilized;
��
, 5
(h) a description of the proposed insignia and color scheme,
�' " if applicable, for the applicant's Buses;
(i) documentary evidence satisfactorv to the Administrator
�y., from an insurance company, authorized to do business in the State of
Texas indicating a willingness to provide liability insurance in the
amounts specified in Section 4-4 ;
(j ) documentary evidence from the FCC, if applicable, showing
that application has been made for a radio dispatching service license
as required by U.S . Federal law;
(k) any additional information the Administrator considers
necessary to the implementation and enforcement of the Rules and
Regulations, for the protection of the public safety, or to meet anv
other local state or federal laws, rules, reQUlations or c;uidelines.
(2) Upon receipt of an application for a permit, the Administrator
shall promptly-^notify in writing all other Persons holding a permit to
operate a Bus Service at D/FW Airport informing them of the
application, and notifying them that the application may be reviewed at
the D/FW Airport Transportation Regulation Office, for a period of ti�e
not to exceed 10 days from the date of application.
(3) �Within a 45 days after notification to existing companies of
the proposed application, the Administrator shall approve or deny the
�"' application for issuance of Bus Service Operating Authority provided no
protests have been filed.
�� (a� Upon receipt of a grotest the Administrator shall hold a
gublic hearinq on the proposed service to determine whether the
applicant's proposed service interferes with or adverselv affects
existinq Bus Services �it�rer bv
increasinQ curbside or traffic conQestion at
the AirQort.
(bl The Administrator shall fix the time and olace of the
hearina and shall notify each holder and such other persons as the
Administrator determines maybe interested in the subiect matter of the
hearina.
SECTION 2-3. LIMITATIONS OF OPERATING AIITHORITY
(1) When issued a permit shall only provide Operatinct Authoritv
for the operation of a Bus Service at the Airport.
(2) The Operating Authority may also contain other conditions and
limitations determined necessary by the Administrator, including, but
not limited to:
!� (a) the number and type of vehicles to be used in the
permitted service;_
;� . 6
(b) a description of vehicles to be operated; �
(c) the number of passengers that may be transported in each
vehicle; ��l�
(d) customers to be served;
(e) places of loading or unloading passengers;
( f) schedules and routes to be followed;
(g) maximum rates to be charged for the permitted service ;
(h) operating procedures; and
(i) special conditions or restrictions.
(2) A Person or Holder commits an offense if he fails to comply
with the condita.ons or limitations placed on the Operating Authority
under which he is operating a Bus Service.
I (3) Each applicant, including any Person with a direct interest in
�I the business, applying for Bus Service Operating Authority shall
!, qualify for a Bus Service Driver' s Permit in accordance with this
' chapter.
SECTION 2-4 . AMENDMENTS TO OPERATING AIITHORZTY �
(1) A Holder desiring to amend the terms or conditions of its ��
Operating Authority shall submit a written request to the
Administrator. A non-refundable amendment fee in accordance with the
Dallas/Fort Worth Znternational Airport Board Schedule of Charges, as
amended, must accompany a request for any material change to the
Operating Authority. The request shall include:
(a) the nature of the proposed change;
(b) the date the proposed change is to take effect.
(2) The Administrator may approve an amendment unless it is in
violation of or inconsistent with the provisions of the Rules and
Regulations.
(3) Amendments to a Bus Service OperatinQ Authoritv to increase
the number of authorized vehicles or chancte rates mav be made bv the
Administrator onlv u�on written application and �avment of anv
additional fees that may be rewired.
(4) If a Bus Service experiences vehicular problems which require
additional vehicles to either maintain their service or �rovide
additional service for a period not to exceed 10 davs, the Service may ,�
reqvest a temporary amendment for supplemental vehicles by submitting a :
written application form to the Administrator. The application must
�.w
7
�II
state the reason supplemental vehicles are needed and identify all
� vehicles to be used. Supplemental vehicles authorized must comply with
insurance requirements, vehicle requirements, all permit fees, and any
other requirements of this section and are subject to inspection by the
� cy Administrator, who may at anytime order unsafe vehicles to be removed
from service.
SECTION 2-5. RENEAAL OF OPERATING AIITHORITY
(1) A Holder shall apply for renewal of Bus Service Operating
Authority permit at least 30 days before the expiration of the
Operating Authority.
(2) Within a reasonable time after the date of application, the
Administrator shall approve or deny the application for renewal.
(3) The Administrator shall renew the Operating Authority if the
Administrator determines that:
.M
(a) the permit Holder has performed satisfactorilv in
compliance with all terms and conditions of the Operating Authority;
(b) the Bus Service is in compliance with all Lawful Orders,
requirements, Rules and Regulations and Procedures;
(c) the service provided continues to be necessary for or to
� otherwise serves the public convenience and necessitv.
:�.,,� SECTION 2-6. DENIAL OF APPLICATZON FOR ISSIIANCE OR RENEAAL
The Administrator shall deny issuance or renewal of Bus Service
Operating Authority if he finds that:
(11 the nublic convenience and necessity do not require or are not
otherwise served b� the Qro_posed service;
(4) the applicant or anv Person holdinq an ownership interest in
the application has been either convicted twice, suspended twice, or
convicted once and suspended once, for a violation of the Rules and
Regulations or orocedures within the preceding two years;
(3) the applicant failed to comply with the requirements of the
Rules and Regulations, procedures or Lawful Orders established under
the Rules and Regulations within the preceding two vears;
(4) the anolicant failed to comply with the terms and conditions
of the Operating Authority for which application for renewal is made
within the precedinQ 2 vears;
(5j the applicant made a false statement as to a material matter
''"��" in the application for issuance or renewal of Operating Authority;
� 8
(6) the applicant or anv Person holdinQ and ownership interest in �
the application has been finaliY convicted f�vr � a violation of
another city, state, or federal law or regulation which would
� reasonablv tend to indicate that the holder is not fit to perform a Bus
, ��
I Service;
' (7) the applicant' s Bus Service permit has been revoked within a
two year period prior to the date of application;
SECTION 2-7 . SIISPENSION AND REVOCATZON OF OPERATING AQTHORITY
(1) The Administrator may suspend or revoke Bus Service Operating
Authority or set an administrative fine (except as to (1) (d) hereof)
within the limits provided bv law, if he determines that the Holder
has:
(a) made a false statement as to a material matter in an
application for issuance or renewal of Operating Authority;
.�.
(b) failed to comply with the provisions of the Rules and
', Regulations and/or Lawful Orders procedures, etc. established by the
'�, Administrator pursuant to Section 1-2 of these Rules and Rectulations;
I
�! (c) failed to comply with the terms and conditions of the
' Operating Authority, including, but not limited to, operating a type of
service not authorized by the Operating Authority or operating a �,�
service in a manner not authorized by the Operating Authority;
, (d) been finallv convicted for of a violation of another �+�'
city, state, or federal law or regulation which would reasonablv tend
to indicate that the Holder is not fit to perform a
Bus Service;
(e) failed to pay all required fees; or
(f) failed to surrender scrip tickets for the payment of fees
prescribed in Section 2-9 in the manner approved by the Administrator.
(2) The Administrator may suspend a Holder's Operatinq Authority
for a period not to exceed 60 days or set an administrative fine in
accordance with Section 8-7. At the end of the suspension period, the
Holder may r se ume operating at the Airport, providing the deficiency
causing the suspension has been corrected by the holder.
(3) A Holder whose Operating Authority has been revoked shall not
reapply for Operating Authority before the expiration of 24 months from
the date of revocation or, in the case of an appeal, the date the
appeal hearing officer affirms the revocation.
��
9 ��
�, ..
SECTZON 2-8 . APPEAL OF DENIAL, S�SPENSION, OR REDOCATION
The denial of an application for issuance or renewal of Bus
Service Operating Authority or suspension or revocation of Bus Service
�,.... Operating Authority may be appealed by the applicant or Holder in
accordance with Section 8-5 of the Rules and Regulations .
SECTION 2-9 . FEES; ANNIIAL ISSIIANCE
(1) The annual fee for Bus Service Operating Authority shall be
established in accordance with the Dallas/Fort Worth International
Airport Board Schedule of Charges. The annual fee shall be paid to the
Administrator before the Operating Authority is issued.
(2) Bus Service Operating Authority may be issued for a period not
to exceed one year and shall expire on October 31 of each year unless
otherwise designated in the Operating Authority. If the Operating
Authority is issued for a period of less than one year, the annual fee
shall be prorat�ed on the basis of . the number of days in
the month.
(3) A permit amended to increase the number of vehicles used shall
require the Administrator to compute and collect an adjusted amount for
the fee as a result of the increase.
, , , The fee for a
temporarv permit amendment authorizinq sut�plemental vehicles shall be
� comguted at the rate of S20 t�er vehicle.
� _ (4) Zn addition to the annual fee required in Subsection (1) , the
Holder of Bus Service Operating Authority shall pay exit fees in
accordance with the Dallas/Fort Worth International Airport Board
Schedule of Charges, as amended, in a manner prescribed by the
Administrator, each time a Bus vehicle exits the Airport while
providing prearranged Bus Service.
{5) No refund of an annual Operatinct Authority fee shall be made.
(6) An applicant or permit Holder under this article shall not
allow the pavment of anv fees required bv these Rules and Recrulations
to become delincruent or past due.
S7) If a companv is authorized to operate more than one tvne of
transportation service a separate permit fee must be paid for each
tvpe of permit held.
SECTION 2-10. A.DVERTISEMENT OF BIIS SERVICE
(1) A Person commits an offense if he advertises or causes to be
advertised the operation of a Bus Service at D/FW Airport that does not
have valid Operating Authority under this article when the
�' advertisement is reasonably calculated to be seen by Persons seeking
Bus Service at t-i�e D/FW Airport.
;�, 10
(2) It is a defense to prosecution under Subsection (1) that the
Person was the publisher (but not the ownerl of the advertising '�
material and had no knowledge that the Bus Service did not have
Operating Authority under this article.
��
SECTZON 2-11. TEHPORARY OPERATING ADTHORITY
(1) The Administrator may issue temporary Operating Authority to a
Bus Service for a period not to exceed 10 days.
� (2) A Person desiring temporary Operating Authority must submit
such information as deemed appropriate by the Administrator to
determine that:
(a) Drivers are qualified;
(b) vehicles are safe and roadworthy; and
(c) 1�2ability insurance is possessed that meets or exceeds
those limits specified in Section 4-4 of these Rules and Regulations.
(3) The fee for temporary Operating Authority shall be established
', in accordance with the Dallas/Fort Worth International Airport Board
, Schedule of Charges, as amended.
', (4) Vehicles used under temporary Operating Authority are subject �a�
' to inspection procedures and fees in accordance with Section 7-1 of
I, these Rules and Regulations.
' �wr l�
(5) The Holder of temporary Operating Authority is subject to the
� fees established in Section 2-9 (3) of these Rules and Regulations.
SECTION 2-12 . HOLDERS RECORDS AND REPORTS
(1) Each Holder and/or Owner shall maintain at a single location
such categories of its business records of its service as the
Administrator may prescribe.
(2) The method used in maintaininq the records must be approved
bv the Administrator and the Administrator mav rewire maintenance of
certain records which he determines necessarv for monitor'ina the
activities, operations, service or safety record of a Holder.
(3) A Holder shall maintain a record of the Driver of each Bus.
The records shall include the name of each driver who has operated the
Bus and the dates and times of each driver's operation of the vehicle.
(4) A Holder and/or Owner shall make such records available for
inspection bv the Administrator, or provide the Administrator with
information contained in those records upon request.
��
11 ��
ARTZCLE III
� BUS SERVICE DRIVER'S PERMIT
BECTZON 3-1. BIIB SERVICE DRIVER'8 PERMIT REQUZRBD
�_�.
(1) A Person commits an offense if he operates a Bus inside the
Airport without a valid Bus Service Driver' s Permit issued to him under
this article. Zt is a defense to prosecution under this subsection that
the Person is terminating a trip that lawfully originated outside the
Airport.
(2) A Holder may not employ, contract with, or otherwise allow a
Person to drive in a Bus Service a Bus owned, controlled, or operated
by the Holder unless the Person has a valid Bus Service Driver' s Permit
issued to him under this article.
(3) It is not a defense to prosecution that the Person was
operating a vehicle granted a certificate issued by the Texas Railroad
Commission, or granted Operating Authority by the Interstate Commerce
Commission for an irregularly scheduled route.
SECTION 3-2 . QIIALIFICATION FOR BIIS SERVICE DRIVER� S PERMIT
(1) To qualify for a Bus Service Driver' s Perzit, an applicant
must;
� (a) be at least 19 years of age;
� ., (b) be a currently authorized to work full-time in the United
States;
(c) hold a valid driver's license issued by the State of
Texas;
(d) be able to communicate effectivelv in the English
language;
(e) not be afflicted with a physical or mental disease or
disability that is likely to prevent him from exercising ordinary and
reasonable control over a motor vehicle or that is likely to otherwise
endanger the public health or safety;
(f) not have been convicted of more than four moving traffic
violations arising out of separate transactions (within any 12 month
period during the preceding 36 months) ;
(g) not have been involved in more than two automobile
accidents in which it could be reasonably determined that the applicant
was at fault (within any 12 month period during the preceding 36
� ,�
months) ;
�� 12
(h) not have been convicted of a crime: �,�
(A) involving:
(i) criminal homicide as defined in Chapter 19 of the ��
Texas Penal Code;
(ii) kidnapping as defined in Chapter 20 of the Texas
Penal Code;
(iii) a sexual offense as defined in Chapter 21 of the
Texas Penal Code;
(iv) an assaultive offense as defined in Chapter 22 of
the Texas Penal Code;
(v) robbery as defined in Chapter 29 of the Texas
Penal Code;
..,.
(vi) burglary as defined in Chapter 30 of the Texas
Penal Code, but only if the offense was committed against a Person with
', whom the applicant came in contact orit� while engaged in a passenger
'i transportation service;
I�, (vii) theft as defined in Chapter 31 of the Texas Penal
I Code, but only if the offense was committed against a Person with whom �„�
I, the applicant came in contact w�it3� while engaged in a passenger
i transportation service;
�� ��
, (viii) fraud as defined in Chapter 32 of the Texas Penal
Code, but only if the offense was committed against a Person with whom
the applicant came in contact ariti� while engaged in a passenger
transportation service; .
(ix) tampering with governmental records as defined in
Chapter 37 of the Texas Penal Code, but only if the offense was
committed in connection with a passencier transportation service�_
(x) public indecency (prostitution or obscenity) as
defined in Chapter 43 of the. Texas Penal Code;
(xi) the transfer, carrying or possession of a weapon
in violation of Chapter 46 of the Texas Penal Code, but only if the
violation is punishable as a felony;
(xii) a violation of the Dangerous Drugs Act (Article 44
76-14, Vernon's Texas Civil Statutes) ;
(xiii) a violation of the Controlled Substances Act
{Article 4476-15, Vernon's Texas Civil Statutes) that is punishable as
a felony; or '��
13 "'��
��
�, � (xiv) criminal attempt to commit any of the offenses
listed in Subdivision (h) (A) (i) - (xiii)
of this subsection;
(B) and, for which:
�,, .t
(i) less than two years have elapsed since the date
of Conviction or the date of release from confinement imposed for the
Conviction, whichever is the later date, if the applicant was convicted
of a misdemeanor offense;
(ii) less than five years have elapsed since the date
of Conviction or the date of release from confinement for the
Conviction, whichever is the later date, if the applicant was convicted
of a felony offense; or
(iii) less than five years have elapsed since the date
of the last Conviction or the date of release from confinement for the
last Conviction� whichever is the later date, if within any 24 month
period, the applicant has two or more Convictions of any misdemeanor
offense or combination of misdemeanor offenses;
{i) not have been convicted of, or discharged by probation or
deferred adjudication for, driving while intoxicated:
(A) within the preceding 12 months; or
� (B) more than one time within the preceding five years;
� -�- (j) not be addicted to the use of alcohol or narcotics;
(k) be subject to no outstanding warrants of arrest;
(1) be sanitary and well-groomed in dress and Person;
(m) be employed by a Holder; and
(n) have successfully completed within the preceding 12 months
a defensive driving course approved by the Texas Education A eq ncv and
be able to present proof of completion.
(2) An applicant who has been convicted of an offense listed in
Subsection (1) (h) or (i) , for which the required time period has
elapsed since the date of Conviction or the date of release from
confinement imposed for the Conviction, may qualify for a Bus Service
Driver's Permit only if the Administrator determines that the applicant
is presently fit to engage in the occupation of a Bus Driver. In
determining present fitness under this section, the Administrator shall
consider the following:
��� (a) the extent and nature of the applicant's past criminal
activity;
� 14
(b) the age of the applicant at the time of the commission of ��
the crime;
(c) the amount of time that has elapsed since the applicant' s ��
last criminal activity;
(d) the conduct and work activity of the applicant prior to
and following the criminal activity;
(e) evidence of the applicant' s rehabilitation or
rehabilitative effort while incarcerated, following release or
otherwise followinq conviction; and
(f) other evidence of the applicant' s present fitness,
including letters of recommendation from prosecution, law enforcement,
and correctional officers who prosecuted, arrested, or had custodial or
rehabilitative responsibility for the applicant; the sheriff and chief
of police in t�e community where the applicant resides; and any other
Persons in contact with the applicant.
', (3) It is the responsibility of the applicant to the extent
I possible, to secure and provide to the Administrator the evidence
�, required to determine present fitness under Subsection (2) of this
' section and under Section 3 . 8 (1) of this article.
', (4) As an additional qualification for a Bus Service Driver's A��
' Permit, the Administrator may uniformly require applicants to pass an
' examination given by the Administrator that tests an applicant' s ��
�'i knowledqe of traffic laws, a Driver's duties under the Rules and
I Regulations, and the geography and road networks of the cities or
counties surrounding the Airport.
I SECTION 3-3. APPLICATION FOR BIIS SERVICE DRIVER'S PERMIT
i
I' To obtain a Bus Service Driver's Permit or renewal of a Bus
' Service Driver' s Permit, a Person must f ile a completed written
! application with the Administrator on a form provided for that purpose.
The Administrator shall require each application to state any
information he considers necessary to determine whether an applicant is
qualified.
SECTION 3-4. INVESTIGATZON OF APPLZCATION
(1) For the purpose of determining qualification under Section 3-2
(1) (e) , the Administrator may require an applicant to submit to a
physical examination at the applicant's expense conducted by a licensed
physician acceptable to the Administrator and to furnish the
Administrator a statement siqned bv the phvsician, certifying that the
physician has examined the applicant and that in the physician's
professional opinion the applicant is qualified under Section 3-2 (1) ,,,�,�
(e) and able to operate a Bus at the Airport.
��
15
(2) The Administrator may conduct any other investiqation he
considers necessary to determine whether an applicant for a
�` ` Driver' s Permit is qualified. Bus ServicE
SECTION 3-5. I88IIANCg A�D pENIAL OF BIIS BERVICE DRIVER�B PERHZT
�....�
(1) If the Administrator determines that an applicant is
qualified, he shall issue a Bus Service Driver's Permit to the
applicant.
(2) The Administrator shall delay until final adjudication or
other dis osition the approval of the a
is under indictment for or has char es PPlication of any applicant who
9 pending for:
2 (a) a felony offense involving a crime described in Section 3-
of(those offensel,or�iii) , (i�) � (�� or criminal attempt to conunit an
Y
(b) .any offense involving driving while intoxicated.
(3) The Administrator may deny the application for a Bus Service
Driver s Permit if the applicant:
{a) is not qualified under Section 3-2 ;
(b) refuses to submit to or does not pass a medical or written
,,.__.
examination authorized under Section 3-2 or Section 3-4 ; or
(c) makes a false statement of a material fact in his
�,,.,�, application for a Bus Service Driver's Permit.
(4) If the Administrator determines that a Bus Service Driver's
Permit should be denied the applicant, the Administrator shall notif
the applicant in writing that his application is denied and include i
the notice the reason for denial and a statement informing the y
applicant of his right of appeal, n
SECTION 3-6. E%PIRATION; VOIDANCE IIPOI1 SIISPEN3ION OR REpOCATIaN oF
BTATE DRIVER�S LICENSE
Except in the case of a probationa
Service Driver�s Penait expires two years fromrthesdatelofeissuanceBus
If a permittee�s state driver's license is suspended or revoked b the
state, his Bus Service Driver's Permit automatically becomes voidy
Permittee shall notify the Administrator within three days of a A
suspension or revocation of his driver�s license by the state and shall
immediately surrender his Bus Service Driver's Permit to the
Administrator.
,�,a�,
16
SECTION 3-7 . PROVIBIONAL PERMZT ���
(1) The Administrator may issue a provisional Bus Service Driver' s��
Permit if he determines that:
(a) the number of Bus Drivers is inadequate to meet the
I Airport' s need for Bus Service, in which case he may issue the number
� necessary to meet the need; or
(b) it is necessary to allow the Administrator to complete
investigation of an applicant for a Bus Service Driver' s Permit.
(2) A provisional Bus Service Driver' s Permit expires 45 days from
the date of issuance, or upon the applicant's beinq denied a Bus
Service Driver's Permit, whichever occurs first.
(3) The Administrator may issue a provisional permit to a Person
holding a state~'driver's license, in accordance with Article 6687 b,
Section 5 (b) , Vernon's Texas Statutes.
I SECTION 3-8. PROBATIONARY PERMIT
I
I� (1) The Administrator may issue a probationary Bus Service
I Driver' s Permit to an applicant who is not qualified for a Bus Service
Driver's Permit under Section 3-2 if the applicant: �„�
', (a) could qualify under Section 3-2 for a Bus Service
' Driver's Permit within one year from the date of application; ��'
(b) holds a valid state driver' s license
�?iver�s�p; anc}
(c) is determined by the Administrator, using the criteria
listed in Section 3-2 (2) of this article, to be presently fit to
engage in the occupation of a Bus Driver.
(2) A probationary driver's permit may be issued for a period not
to exceed one year.
(3) The Administrator may prescribe appropriate terms and
conditions for a probationary Bus Service Driver's Permit as he
determines are necessary.
SECTZON 3-9. DIIPLICATE PERMIT
If a Bus Service Driver's Permit is lost or destroyed, the
Administrator may issue the permittee a duplicate permit upon receiving
payment of a duplicate permit fee in accordance with the Dallas/Fort
Worth International Airport Board Schedule of Charges, as amended. �,�
�r
' 17
il
� � SECTION 3-10. DSSPLAYjSIIRRENDER OF PERMIT
S1� While on duty a Bus Driver shall conspicuouslv displaY his Bus
'"�'� Service Driver' s Permit issued bv the Administrator on the upper
portion of t�rei-r his outer clothinq,_
L2) The Bus Service Driver's Permit is the propertv of the
Dallas/Fort Worth International Air'nort and must be surrendered ut�on
termination or when deemed invalid or upon recruest bv the �
Administrator a D/Fw Airport Board official peace officer, or Citv of
Dallas Transportation ReQUlation EmploYee.
(31 A Bus Driver shall allow the Administrator, a D/FW Airport
Board official peace officer or City of Dallas Transportation
Rectulation Emplovee to examine his Bus Service Driver's Permit upon
rec�uest.
SECTION 3-11. S�TSPENSION BY A DESIGNATED REPRESENTATZPE
(1) If a representative designated by the Administrator to enforce
these Rules and Regulations determines that a permittee has failed to
comply with the Rules and Regulations (except Section 3-2) , the
representative may suspend the Bus Service Driver's Permit for a period
of time not to exceed 30 days by serving the permittee with a written
�..� notice of the suspension. The notice must include:
(a) the reason for suspension;
�,..�
(b) the date the suspension begins;
(c) the duration of the suspension; and
(d) a statement informing the permittee of his right of
appeal.
(2) A suspension under this section may be appealed to the
Administrator if the permittee submits a written request to
appeal to the Administrator within ten davs of receivina written notice
of the suspension. When an appeal is requested, the suspension may not
take effect until a decision on the appeal is issued bv the
Administrator.
(3) The Administrator may order an expedited hearing under this
section, to be held as soon as possible after the permittee requests an
appeal. The Administrator may affirm, reverse, or modify the order of
the representative.
j4) A permittee whose Bus Service Driver's Permit is susoended
shall not oriqinate a Bus tri� at the Airnort durinQ the neriod of
� suspension The Administrator may also order that the �ermittee not
terminate trios at the Airt�ort durinq the period of sus�ension.
�
18
SECTION 3-12 . 6QSPENSION OF BOS SERVICE DRZVER' 8 PERMZT �
(1) Zf the Administrator determines that a permittee has failed to
comply with any provision of the Rules and Regulations (except Section
3-2) , the Administrator may suspend the Bus Service Driver' s Permit for��
a definite period of time not to exceed six months or set an
administrative fine in accordance wit Section 8-7 .
(2) If at any time the Administrator determines that a permittee
is not qualified under Section 3-2 , the Administrator shall suspend the
Bus Service Driver' s Permit until the Administrator determines that the
permittee is qualified. A Driver shall provide the Administrator with
' necessary information or proof of his qualifications upon request.
(3) A permittee whose Bus Service Driver' s Permit is suspended
shall not originate a Bus trip at the Airport during the period of
suspension. The Administrator may also order that the permittee not
terminate trip� at the Airport during the period of suspension.
(4) The Administrator shall notify the permittee and the Holder
, employing the permittee, in writing, of a suspension under this
' section. The notice must include:
' (a) the reason for the suspension;
(b) the date the Administrator orders the suspension to begin���
, (c) the duration of suspension or if it is under Subsection ��
' (2) ; and
(d) a statement informing the permittee of his right of
appeal.
(5) The period of suspension begins on the date specified by the
Administrator, or in the case of an appeal, on the date ordered by the
appeal hearing officer.
SECTION 3-13. REVOCATION OF B03 SERVICE DRIVER�B PERMIT
(1) The Administrator may revoke a Bus Service Driver's Permit if
the Adzninistrator determines that the permittee:
(a) operated a Bus inside the Airport during a period in
which the driver's Bus Service Driver's Permit was suspended;
(b) made a false statement of a material fact in his
application for a Bus Service Driver's Permit;
(c) engaged in conduct that constitutes a ground for
suspension under Section 3-12 (1) and received either a suspension in
excess of 10 days or a Conviction for violation of the Rules and ��
Regulations, two times within the 12-month period preceding the conduc
or three times within the 24-month period preceding the conduct;
19 �"�
�" � (d) engaged in conduct that could reasonably be deternir,�d to
be detrimental to the public safety;
�,� (e) failed to comply with a condition of a probationary
permit;
(f) was convicted of any felony offense listed in Section 3-2
while holding a Bus Service Driver' s permit;
(g) failed to surrender the appropriate scrip tickets for the
payment of fees prescribed in Section 2-9 in the manner approved by the
- Administrator; or
{h� operated a vehicle for a Person not holdinQ a valid Bus
Service OperatinQ Authoritv.
(2) A Person whose Bus Service Driver's Permit is revoked shall
not: �^"
(a) apply for another Bus Service Driver's Permit before the i
expiration of 24 months from the date the Administrator revokes the i
permit or, in the case of an appeal, the date the appeal hearing �
officer affirms the revocation; or I',
� „
(b) operate a Bus at the Airport.
(3) The Administrator shall notify the permittee in writing of a
�;� revocation. The notice shall include: '
(a) the reason for the revocation; '
(b) the date the Administrator orders the revocation; and
(c) a statement informing the permittee of his right of
appeal.
SECTION 3-14. BIIS OPERATION AFTER SIISPENSION OR REVOCATION
(1) After receiving notice of suspension or revocation of a permit
or denial of a permit renewal, the permittee shall, on the date
specified in the notice, surrender his Bus Service Driver's Permit to
the Administrator and discontinue operating a Bus at the Airport.
(2) Notwithstanding Section 3-12 (3) and Subsection (1) of this
section, if the permittee appeals the suspension or revocation of a Bus
Service Driver's Permit, he may continue to drive a Bus at the Airport
pending the appeal unless:
(a) the permittee is not qualified under Section 3-2; or
�
(b) the Administrator determines that continued operation by
the permittee would impose an immediate threat to the public safety.
.�
20
� (3) A Driver shall comply with the decision of the appeal hearing �
officer.
(4) Upon completion of a suspension it is the Driver' s ��
resQonsibilitv to retrieve his permit prior to resuminQ operations.
SECTION 3-15. APPEAL OF DENIAL, SUSPENSION, OR REVOCATZON
The denial of an application for issuance or renewal of a Bus
Service Driver' s Permit, a suspension of a Bus Service Driver' s Permit
under Section 3-12, or a revocation of a Bus Service Driver's Permit
may be appealed in accordance with Section 8-5 of the Rules and
Regulations.
SECTION 3-16. NONTRANSFER.ABILITY
(1) A Bus.Service Driver's Permit, badge, decal, ticket, or emblem
assigned to one Person is not transferable to another.
I (2) A Bus Service Driver' s Permit is not transferable to another
'�, companv and becomes invalid upon termination of the Driver' s emplovment
��, for anv reason unless authorized by the Administrator.
, (3) A person commits an offense if he:
' (a) forges, alters, or counterfeits a Bus Service Driver's �
i, Permit, badge, decal, ticket, or emblem required by the Rules and "
', Regulations or other applicable law; or ��
�� (b) possesses a forged, altered, or counterfeited Bus Service
', Driver' s Permit, badge, decal, ticket, or emblem required by the Rules
', and Regulations or other applicable law; or
(c) possesses more than one Bus Service Driver's Permit, badge,
decal, ticket, or emblem required by the Rules and Regulations or other
applicable law.
SECTION 3-17 . CIIRRENT MAZLING ADDRES3 OF PERMITTEE
(1) A Person issued a Bus Service Driver's Permit shall maintain a
current mailing address on file with the Administrator.
(2) The permittee shall notify the Administrator of any change in
this mailing address within five business days of the change.
�1
rr:�
21
�r r ARTZCLE IV
MISCELLANEOUS HOLDER AND DRIVER REGULATIONS
� _ SECTION 4-1. HOLDER� B AND DRIQER�B DQTY TO COMPLY
(1) Holder. In the operation of a Bus Service, a Holder shall
comply with the terms and conditions of the Holder' s Operating
Authority, Lawful Orders of the Administrator, the Rules and
Regulations, and other laws applicable to the operation of a Bus
Service.
(2) Driver. while operating a Bus at the Airport, a Driver shall
comply with the Rules and Regulations, other laws applicable to the
operation of a motor vehicle in this state, Lawful Orders of the
Administrator, and orders issued by the Holder employing or contracting
with the Driver in connection with the Holder' s discharge of its duty
under its Operating Authority and the Rules and Regulations.
.M
SECTION 4-2. HOLDER� S DIITY TO ENFORCE COMPLIANCE BY DRIVERS
(1) A Holder shall establish policy and take action to discourage,
prevent, or correct violations of the Rules and Regulations, �rocedures
and Lawful Orders by Drivers who are employed by or contracting with
the Holder.
� k (2) A Holder shall not permit a Driver who is employed by or
contracting with the Holder to operate a Bus in a Bus Service if the
Holder knows or has reasonable cause to suspect that the Driver is in
�"`'' violation of the Rules and ReQUlations or other ap�licable law, the
terms of his Bus Service Driver' s Permit or the Lawful Orders of the
Administrator.
� •
. �
� �
.
.
,,.:P��
�`"" 2 2
A°#i
, • • �r�
..,L _ _i_ �- , , � �'t�-�,liiri �ri c4 � r�i ��� n`-r—iz[� L.�imitia�.i
L J11411 11v�.11
�
SECTION 4-3 DRIVER AS EMPLOYEE
(1) All Drivers of a Bus Service shall be bona fide emploYees of
the Holder.
(2� A Driver mav not allow another Person to drive or operate _his
Bus unless such Person is emploved bv the Holder to ooerate a Bus and
the Driver has wsitten authorization from the Holder.
SECTION 4-4. ZNSIIR.ANCE
' �1) A Holder shall procure and kee� in full force and effect
i automobile liabilitv insurance written bv an insurance companv
�II approved to do business in the State of Texas and acceptable_ to the
� crtp Administrator issued in the standard form approved bv the State
�I Board of Insurance. The insured provisions of the policv must name the,�r��
'� Dallas/Fort Worth International Airport Board the Citv of Dallas, the
��'�, Citv of Fort Worth and their respective officers and emplovees as ��
�I additional insureds and the coveraQe provisions must provlde coveraQe
�� for anv loss or dama4e that mav arise to anv Person or propertv bv
I reason of the operation of a Bus Service bv the Holder.
(21 The automobile liability insurance must tirovide limits of
liability for bodilv iniurv and propertv damave of not less than
�500 000 for each occurrence combined sinale lim�t or the ecruivalent,
for each motor vehicle used by the Holder with a maximum deductible of
not more than S1 000 per claim Acxareaate limits of liabilitv are
rohibited. The insurance must inciude uninsured and underinsured
motorist coveraQe in amounts not less than S40 000 t�er accident and
S20 000 per �erson for bodilv injury and S15 000 per accident for
progertv damaQe or the eauivalent.
�3) Zf a vehicle is removed from Bus Service. the Holder shall
maintain the insurance coveracte recTUired bv this section for the
vehicle until the Administrator receives satisfactorv proof that all
evidence of o eration as a Bus in a Bus Service has been removed from
the vehicle and that the vehicle has in fact been removed from
service.
(4) Insurance recruired under this section must_: ��
(al Include a cancellation provision in which the insurance
company is recruired to notify the Administrator in wrltina not fewer ��
23
� , than 30 davs before cancellin4 failinq to renew or makinq a materia�
chanQe to the insurance policY� and
�,..,
b Include a rovision to cover all vehicles whether owne
or not owned by the Holder operated under the Holder!s Operatinq
Authoritv.
5 No insurance re ired b this section ma be obtained from an
assianed risk nool .
6 O eratin Authorit will not be ranted or renewed unless the
a plicant or Holder furnishes the Administrator with _such proof of
insurance as the Administrator considers necessarY to determine whether
the applicant or Holder is adec.ruatelv insured_ under this section.
7 A co of documents establishin com liance with insurance
re irements s 11 be on file with the Administrator at all times.
8 Failure to maintain minimum insurance standards shall result
in the immediate suspension of the Holder' s Operatinq__Authoritv. If
the O eratin Authorit is sus ended for failure to maintain insurance
it mav not be reinstated until satisfactorv proof of insurance meetinct
minimum rectuirements is submitted and confirmed bv _the Adminlstrator.
� - (a) A Person commits an offense if he operates a passenQer
transportation service while hls Operatinct Authoritv is suspended under
�„.,.��
this Subsection whether or not the action is appealed.
(b) A fee for reinstatement of OperatinQ Authoritv after a
sus ension under this Subsection will be in accordance with the
Dallas Fort Worth International Air ort Board Schedule of Charcres.
(9) If new insurance is not obtained within 45 daYs of beina
laosed or canceled the holder must submit a new application for
operatinq authoritY as listed ln Section 2-2 and pav all fees as
recNired bY Section 2-9 of these Rules and Recrulations.
SECTION 4-5. HOLDER�S SERVICE RESPONSIBILITIES
(1) A Holder shall provide Bus Service for passengers at the
Airport in accordance with service levels and standards approved by the
Administrator, the Airport Board, and the Cities of Dallas and Fort
Worth.
(2) A Holder shall cooperate with the Administrator in all phases
of Bus operations to provide prompt, eff icient, and economical service
and shall respond promptly to specific requests by the Administrator
for Bus Service during periods of shortage.
��
24
i
S�CTION �-6. ZNFORHATION TO BE SIIPPLIED ON REQQEST OF ADHINISTRATOR ��
In addition to anv other information or upon request of the
Administrator, a Holder shall submit to the Administrator the following"�"�'
information:
. (1) a current list of vehicles;
�2� a current financial statement which includes a balance
sheet/income statement;
(3) names of current officers, Owners, and managers of the Bus
Service; and
(4) a list of the names and Bus Service Driver's Permit numbers of
current Drivers employed by the Holder.
.,,,.
ARTZCLE v
SERVZCE RULES AND REGULATIONS
SECTION 5-l. PARRING
' (1) A Driver shall park only on designated Bus Holding Stands
' while serving the Airport. �,�
' (2) A Person commits an offense if he:
�rr,�
(a) parks a vehicle on a Bus Holding Stand without
authorization from the Administrator; or
(b) leaves a vehicle unattended on a Bus Holding Stand;
except, that a Driver may leave his Bus to provide such assistance to a
' passencier as is reasonably necessary after being engaged.
' (3) In proving an offense under Subsection (2) (a) , it is prima
I facie evidence that a vehicle is unauthorized if the vehicle is not
' equipped with a decal in accordance with Section 7-3 of these Rules and
Regulations.
(4) A vehicle left unattended on a Bus Holding Stand in violation
of Subsection (2) (b) is illegally parked and may be removed from the
Holding Stand and impounded with all towing and storage fees to be paid
by the vehicle Owner.
SECTION 5-2. REGIILATIONS FOR IISE OF HOLDING STANDS
(1) While using a Bus Holding Stand, a Bus Driver shall not:
(a) leave his Bus except to assist a passenger as is "'�''�
� reasonably necessary after being engaqed;
�:r
25
,�..,.�.
(b) perform or allow to be performed repairs or maintenance
on a Bus ; or
`�� (c) utilize the Holding Stand while off duty.
SECTION 5-3 . LOADING AND DISCH.ARGE OF PASSENGERS
(1) A Driver shall load passengers and baggage into a Bus only at
designated Holding Stands.
(2) Unless otherwise authorized by the Administrator, a Driver
shall use the lower level at terminals to discharge passengers, except
when increased hardship would result to a passenger afflicted with a
s�vere physical or mental disability.
SECTION 5-4 . CRIIISING THE AZRPORT
(1) A Driver shall not cruise the Airport. A Driver is "cruising"
anytime he drives a Bus within 1, 000 feet of a terminal or a hotel on
the Airport with out:
(a) a passenger to be discharged at the terminal or hotel ;
� (b) following the approved schedule and route contained in
�: . the Holder' s Operating Authority, if applicable;
(c) trip authorization by the Administrator;
�f..�
(d) assignment for a prearranged trip; or
(e) taking a direct route to leave the Airport.
SECTION 5-5. SOLICITATION AND ACCEPTANCE OF PASSENGERS
(1) A Person commits an offense if he:
(a) by word or gesture solicits or accepts a passenger for a
Bus at the Airport in a location other than an area specifically
authorized by the Administrator for the solicitation or acceptance of
Bus passengers;
(b) solicits a passenger by means of an electronic device
designed to amplify sound or in a manner that unreasonably annoys or
obstructs the movement of a Person; or
(c) pays an employee of another business to solicit
passengers for or give preferential treatment in directing passengers
to a Bus, unless the Person has written permission from the
Administrator and the executive director of the Airport, or his
�� designated representative.
�+
26
(2) A Person who acts as an agent in obtaining Bus Service for
�'�
prospective passengers shall not:
(a) solicit passengers for the service; or �'�
(b) accept payment from a Driver or Holder in return for
giving preferential treatment in directing passengers to the Driver's
or Holder' s Bus Service.
(3) It is a defense to the prosecution for a violation of this
Subsection, if the Owner of the transportation service has made a
contractual agreement or other prior arrangement with the management of
the other business, and has been approved by the Administrator.
�d! A Person commits an offense if he:
!a) solicits on behalf of a Bus Service Holder, or Driver
that does not have a valid permit or valid OperatinQ Authoritv under
this chapter; or
'�, (b) hires emQloys or engaQes a Bus Service, Holder, or
! Driver that does not have a valid permit or valid OperatinQ Authoritv
�
under this chapter.
I, SECTION 5-6. CONDIICT OF DRIVER ��
', (1) A Driver shall:
��
I��, (a) conduct himself in a reasonable, prudent, and courteous
' manner;
' (b) maintain a sanitary and well-groomed appearance;
' (c) not respond to a dispatched call assigned to another
Driver;
(d) not while operatina a Bus vehicle, consume, oossess or
' be under the influence of:
(i) any alcoholic beverage;
(ii) any drug; or
(iii) any other substance which could adversely affect
his ability to drive a motor vehicle;
(e) not interfere with the Administrator in the performance
of his duties;
(f) not gather, congregate, or otherwise obstruct entrances
or passageways of any terminal, hotel, Airport building or roadwav in �'`�
manner that unreasonably annoys or impedes the movement of a Person or
vehicle: �
��
27 �
� " (g) comply with Lawful Orders of the Administrator iss�_ied in
the performance of his duties;
��.,, (h) not deposit any bottle, can, trash, debris, junk, food,
or other object on or around any Holdinq Stand buildinQ or Airport
roadwav except in an authorized trash receptacle; and
(i) not file a false report or make a false statement to the
Administrator.
SECTION 5-7 . RETURN OF PASSENGER'S PROPERTY
(1) Upon finding property left by a passenger in a Bus, the driver
shall immediately return the property to the owner of that propertv.
(2) If the Driver is unable to locate the owner or if the Driver
does not know the identity of the Owner, the Driver
shall immediate�ly notify by radio or telephone, the Holder of any
property left by a passenger in a vehicle, deliver the property to the
Holder, and notify the Administrator of the location and description
of the property.
SECTION 5-8. PREARRANGED BUS SERVICE
(1) Bus Service shall be operated on a Prearranged basis. All
� ; arrangements for Bus Service must be made prior to the Bus entering
into the Terminal Areas of the Airport.
�.<�
(2) When entering the Terminal Areas of the Airport, a Driver who
furnishes prearranged Bus Service shall have in his possession, and
present to the Administrator upon request, written documentation
indicating the following information: _
(a) the name of the customer or customers;
(b) the number of individuals in the party;
(c) the airline carrying the customer or customers;
(d) the flight number;
(e) the flight arrival time; and
(f) the destination of the Bus trip.
(3) A Driver furnishing prearranged Bus Service shall not accept
any passengers at the Airport except those for whom service has been
prearranged and documented in accordance with Subsection (2) of this
�,�
section.
28
rearran �d Bus Service shall not drive '�
(4) A Driver furnishing p g-
into the Terminal Areas of the Airport more than five minutes prior to
the scheduled arrival of the flight carrying the customer for whom Bus
Service is to be provided. I� a fli4ht is delaved the Driver shal� �'�
not occupv a Bus Holding Stand and shall park his vehicle in the area
desic�nated bv the Administrator as the Bus lavover HoldinQ Stand, until
five minutes prior to actual arrival of the customer' s fliQht.
(5) A Bus Driver shall load customers and bagqage into the Bus and
immediately leave the Terminal Area.
� (6) A Holder/Owner of Operatinq Authoritv for Bus Service shall
handle all customer comglaints on a timelv basis, and adv�se the
Administrator of anv and all action taken in resoonse to the complaint.
�7) The Administrator mav establish �rocedures to monitor_the
Service levels of Bus Service at the Airt�ort includlna but not limited
to•
(a) condition of Bus vehicles;
' Sb) constancv of service at the Airport;
' {�) adherence to all Rules and Requlations;
, ��
' (d) Driver conduct; and
' (el passenQer complaints. '�'�
SECTION 5-9. SCHEDIILED BIIS SERVICE
(1) Scheduled Bus Service, or Service provided bv a Bus Service
alonq scheduled routes is not permitted at the Air�ort.
(2) It is a defense to grosecution that such Service was c�rovided
' � a citv state or federal transit actencY or recocxnized reQional
! transit authoritV.
SECTION 5-10. NOT FOR HIRE STATIIS OF BIISEB
(1) Each Bus operatinQ at the airvort 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 Service at the Airport, he
shall comply with the following requirements:
(a) The Driver shall place a sign, to be provided by the
Holder, in the Bus indicating the words "NOT FOR HIRE" printed in
letters not less than three inches in height with a stroke of not less
than 3/8 inch. The letters shall be on a backing of sufficient ��
thickness to not easily bend.
.r�
29
�"'° (b) When a Driver is not for hire, he shall display the sign
in an upright position in the front window on the right side of the Bus
so as to be easily seen and read from outside of the Bus.
�„�
(2) A Driver who is not for hire shall not park or stand his Bus
on a Bus Holding Stand or within 500 feet of a Bus Holding Stand or
along or in the one hour parking zones of the Airport roadways.
ARTICLE VI
FARES
SECTION 6-1. RATES OF FARE
(1) A Driver or Holder shall not charge a fare for operating a Bus
at the Airport that is inconsistent with the rates authorized in the
Holder's Operating Authority.
(2) A Hola'er desiring to effect a change in the approved rates of
fare shall submit a written request in accordance with Section 2-4 of
the Rules and Regulations.
(3) The rates listed in the Holder' s Operating Authority shall be
strictly adhered to, and no change in rates may be implemented without
written approval of the Administrator.
�" (4) The Administrator may require a Holder to display rates on or
within a Bus in a manner prescribed by the Administrator.
�,�
(5) The Driver or Holder shall give the Person paying a fare a
ticket or receipt that indicates the name, address, and phone number of
the Bus company and the amount of the fare.
ARTICLE vii .
VEHICLES AND EQUIPMENT
SECTION �-1. VEHICLE INSPECTION
(1) The Holder of a Bus Service permit shall maintain all vehicles
used in the service in a safe mechanical condition and shall maintain
the interior and exterior of the vehicles in good repair.
(2) A Holder shall have each vehicle ta be used in Bus Service
inspected in a manner approved by the Administrator before Operating
Authority is issued and at such other times as may be ordered by the
Administrator. Inspection shall determine safety of the vehicle,
condition of maintenance, and compliance with all state and federal
laws including those regulating emission of air contaminants.
�a) A Holder Owner or Driver shall make a Bus available for
�� inspection when ordered by the Administrator,_
�
30
Lb) If a Holder Owner or Driver �ails to make a Bus available ���
for inspection or if the Administrator determines that a Bus is not in
compliance with the Rules and Rectulations the Administrator mav order
the Bus removed from service at the Airport until it is made available ��
for inspection and/or brouQht into compliance.
(c� If the Administrator determines that inspection of the
mechanical condition or safety ectuipment of a Bus bY an expert mechanic
or technician is necessary the Holder Owner or Driver shall pav the
cost of the inspection.
� (3) A Holder may have a reasonable number of reserve vehicles
inspected for use when a vehicle designated by Operating Authority is
out-of-service. The Administrator shall determine the number of
reserve vehicles that a Holder may have inspected when reserve vehicle
inspection is requested.
(4) The fe"� for each inspection of each vehicle of a Holder will
be in accordance with the Dallas/Fort Worth International Airport
' Board Schedule of Charges, as amended.
�, (5) The Administrator shall designate the time and place for
I 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 ��
I reasonable cost of inspection.
(6) A Holder may contract for maintenance but shall be responsiblaw�
, for maintaining or seeinQ that all vehicles operated under his
', Operating Authority are maintained in safe operating condition.
{7) If a vehicle is involved in an accident or collision durinc the
term of the permit the Holder shall notifv the Administrator within 5
days after the accident Before operatina the vehicle aQain under the
permit, the vehicle must be reinspected to insure that the vehicle has
been restored to its previous condition.
f8) The Holder/Owner shall immediatelv notifv the Administrator of
an� vehicle removed from service and shall be res�onsible for removinQ
from the vehicle any siqns markinas or ecruipment that would
distinQUish the vehicle as a Bus in a Bus Service, includina. but not
limited to, radios destination siQns, headers, decals and rate sheets.
SECTION 7-2. VEHZCLE EQIIIPMENT
(1) A Holder, Owner, or Driver of a Bus shall provide and maintain
in good operating condition the following equipment for each Bus:
(a) an air conditioner system capable of cooling the
passenger compartment to 20 degrees below the outside temperature and �"'�
heater;
�r
31
(b) a fire extinguisher of at least one quart capacity
�,,,�
located within Driver's reac ;
(�) a decal complying with Section 7-3 of the Rules and
Regulations;
�.�
� u l eV1f3PTfrc �i i�,surance
e an other e i ment re ired to com 1 with all
a licable Federal and State motor vehicle laws • and
f an other s ecial e i ment that the Administrator
determines to be necessar .
(2) Al1 Buses and all Bus equipment must comply with all
applicable federal and state motor vehicle safety standards.
(3) This section does not apply to a Bus Service with all points
of destina�.ion outside Dallas and Tarrant counties.
4 The use of an t e of ineter or measurin device for the
calculation of rates is rohibited.
5 All tem orar vehicles must have a fire extin isher of at
least one art ca acit located within the Driver's reach a decal in
accordance with Section 7-3 of the Rules and Re lations and an othe:
�; .o-.
standards as determined b the Administrator.
SECTION 7-3. DECAL3
�,�
(1) A Holder shall obtain from the Administrator a decal
indicating the Bus 's authorit to operate at the Ai ort.
must be attached to each Bus in a manner and location a The decal
Administrator. The decal is the ro ert of the Dallas FortVWortY the
International Ai ort Board.
(2) The Administrator may cause a decal to be removed from a Bus
which at any time fails to meet the minimum standards for appearance
condition, age, or equipment. The fee for reissuance of a decal to a
Bus from which a decal has been removed by the Administrator will be/in
accordance with the Dallas/Fort Worth International Airport Board
Schedule of Charges, as amended.
(3) A Person commits an offense if he:
(a) operates a Bus at the Airport with an expired decal or
with no decal affixed to it, except for the sole purpose of terminati
a trip that lawfully originated outside the Airport; ng
(b) attaches a decal to a vehicle not authorized to operate
�
. as a Bus at the Airport;
r�. 3 2
(c) parks a vehicle on a Bus Holdinq Stand with an expired
decal or with no decal affixed to it; or
(d) interferes with the Administrator in the removin4 of the
decal in accordance with Section 7-3 (2) of this article. ��
(el covers conceals or attempts to cover or conceal the
decal .
��
SECTION 7-4 FALSE REPRESENTATION AS A BUS SERVZCE
A Person commits an offense if he:
(1) regresents that a vehicle is a Bus in a Bus Service if it is in
fact NoT a Bus authorized to operate at the Airport.
(2) operates a vehicle at the airport that is not a Bus in a Bus
Service if the vehicle is marked painted advertised, or ecrui�ped ln a
wav that is likelv to result in mistakinQ the vehicle for a Bus in a
Bus Service; or
(3) solicits or atte�ts to solicit passenQers unless he is
operatinq a Bus 'f�n a Bus Service that is authorized to serve the
A i r�port.
ARTZCLE VIII
' ENFORCEMENT
' SECTION 8-l. AIITHORITY TO INSPECT
' The Administrator may inspect a Bus Service operating at the ��"
' Airport to determine whether the vehicle/service complies with the
' Rules and Regulations established for Bus operation or other applicable �rr�Y
' law.
' SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF P�BLIC SAFETY
(1) Upon specific request of the Administrator, officers of the
Airport's Department of Public Safety (DPS) may assist the
Administrator in the enforcement of the Rules and Regulations.
' S2) A �o�ice DPS officer uDOn observina a violation of this
chapter or the rec;ulations established bv the Administrator. mav take
necessarv enforcement action to insure effective reaulations of Bus
Services.
SECTION 8-3. CORRECTION ORDER
(1) If the Administrator determines that a Holder is in violation
of the terms of its Operating Authority, the Rules and Regulations, a
Lawful Order of the Administrator, or other law, the Administrator
shal notify the Holder in writinq of the violation and by written
33
rE�
��
�""° 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 ma order the
Holder to immediately cease use of the equipment.
(2) If the Administrator determines that a violation is an
imminent and serious threat to the public health or safety, the
Administrator ma�y order the Holder to correct the violation
immediately. If the Holder fails to comply, the Administrator shall
promptly take or cause to be taken any action he considers necessary to
the immediate enforcement of the order.
(3) The Administrator shall include in a notice issued under this
section:
(a) a� identification of the violation;
(b) the date of issuance of the notice;
(c) the time period within which the violation must be
corrected;
(d) a warning that failure to comply with the order may
�""` result in suspension or revocation of Operating Authority, imposition
of a fine, or both; and
�"�" (e) a statement indicating that the order may be appealed to
the Executive Director of the Airport, or his designated
representative.
SECTION 8-4. SERVICE OF NOTICE
(1) A Holder shall designate and maintain a representative to:
(a) receive service of notice required under the Rules and
Regulations to be given a Holder; and
(b) serve notice required under the Rules and Regulations to
be given a Driver employed by ' a Holder.
(2) Notice required under the Rules and Regulations shall be Qiven
in the followina manner:
(a) A Holder must be Personally served with the notice by the
� Administrator, or service may be accomolished by servina Holder's
desiQnated re�resentative, or the Holder mav be served bvi 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;
�
34
(b) a Driver permitted under Article III must be personally �
served by the Administrator or served by certified United States mail,
five-day return receipt requested, to the address, last known to the ':
Administrator, of the Person to be notified, or to the designated ��
representative for the Driver; or
(c) a Person other than a Driver licensed under Article IZI
or a Holder may be served in the manner prescribed by Subsection (2)
(b) of this section.
(3) Service executed in accordance with this section constitutes
notice to the Person to whom the notice is addressed. The date of
service for a notice that is mailed is the date of receipt.
SECTION 8-5. APPEALS
(1) If the Administrator denies issuance or renewal of Bus Service
Operating Autharity, suspends or revokes Bus Service Operating
Authority, denies issuance or renewal of a Bus Service Driver's Permit,
suspends a Bus Service Driver's Permit under Section 3-12 , revokes a
' Bus Service Driver's Permit, or issues a correction order under Section
�' 8-3 , the action is final unless, within 10 days from the date of
�I receiving the written notice of the action, the affected applicant,
' Holder, or Driver files an appeal, in writing, with the Executive
�' Director of the Airport specifying the reasons for the appeal.
�
' (2) The Executive Director of the Airport or his designated
' representative shall act as the appeal hearing officer in an appeal ,��
hearing under this section. The hearinq 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
rulinq on the basis of a preponderance of evidence presented at the
hearing.
(3) The hearing officer may affirm, modify, or reverse all or part
of the action or order of the Administrator being appealed. The
decision of the hearing officer is final unless the action anpealed
from is a suspension revocation or denial of a Person's licens�
Operating Authoritv or permit because of the Person's �rior Conviction
of a crime and the crime's relationship to the license, Overatina
Authority or permit In that event the appealina partv mav seek
_judicial review of the action bv the hearina officer in the State
District Court ,gursuant to Texas Revised Civil Statues_Annotated.
Article 6252-13d.
SECTION 8-6. CRIMINAL OFFENSES
(1) A Person commits an offense if he violates or attempts to
violate a provision of the Rules and Regulations applicable to him. A,eW�,
culpable mental state is not required for the commission of an offense
under the Rules and Regulations unless the provision defininq the
��
- 35
conduct expressly requires a cu2pable mental state. A separate offense
is committed each time an offense occurs. An offense committed under
� � the Rules and Regulations is punishable by a fine not to exceed $500 .
(2) Prosecution of an offense under Subsection (1) does not
�_-� prevent the use of other enforcement remedies or procedures applicable
to the Person charged with or the conduct involved in the offense.
SECTION 8-7 . ADMINZSTRATZVE FINES
(1) The Administrator or Executive Director of the Airport shall
have the authority to lew an administrative fine actainst a Holder,
Owner or Driver who violates anv provision of the Rules and
Recrulations, in lieu of anv suspension action provided by Section 2-7
and Section 3-12 of the Rules and Regulations.
(2l The fines shall be in established in accordance with the
Dallas/Fort Wor.�.h Znternational Airt�ort Board Schedule of Charqes, as
amended.
. (3) Delinquent or past due fines shall be cause for the
Administrator or Executive Director of the Airport to immediatelv
� suspend any permit, Operatinq Authoritv, or written authorization of
; anv Holder, Owner or Driver until such fines are paid in full , or take
any other leQal action deemed necessary to recover delinquent or past
,� ...
due fines.
�.-�
�:�
36
�,�..f�
CHAPTER 5D
��b
LIMOUSZNE RULES AND REGULATIONS
�M
�..,.�
W�,...ti
Revised 09-13-90
�
�
�
ARTZCLE Z
GENERAL PROVZSIONS ,��
SECTZON 1-1 . STATEMENT OF POLICY
SECTION 1-2 . AUTHORITY FOR ENFORCEMENT
SECTZON 1-3 . EXEMPTIONS
SECTION 1-4 . DEFINZTIONS
SECTION 1-5. ESTABLISHMENT OF RULES AND REGULATIONS
SECTION 1-6. ESTABLISHMENT OF PROCEDURES
A.RTICLE II
OPERATING AUTHORITY
SECTION 2-1. OPERATING AUTHORITY REQUIRED; NONTRANSFER.ABILITY
SECTION 2-2. APPLICATION FOR OPER.ATING AUTHORITY
SECTION 2-3..,. LZMITATIONS OF OPERATZNG AUTHORITY
SECTION 2-4 . AMENDMENTS TO OPERATING AUTHORITY
SECTION 2-5. RENEWAL OF OPERATING AUTHORITY
' SECTION 2-6. DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL
�� SECTION 2-7 . SUSPENSION AND REVOCATION OF OPERATING AUTHORITY
I SECTION 2-8. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION
I SECTION 2-9. FEES; ANNUAL ISSUANCE
I SECTION 2-10. ADVERTISEMENT OF LZMOUSINE SERVICE
' SECTION 2-11. TEMPORARY OPERATING AUTHORITY ���
SECTION 2-12 . HOLDERS RECORDS AND REPORTS
rr 1�
ARTICLE IZI
LZMOUSINE SERVICE DRZVER'S PERMZT
SECTION 3-1. LIMOUSINE SERVICE DRIVER'S PERMIT REQUIRED
SECTION 3-2. QUALIFICATION FOR LIMOUSINE SERVICE DRIVER'S PERMIT
SECTION 3-3 . APPLZCATION FOR LZMOUSINE SERVICE DRIVER'S PERMIT
SECTION 3-4. INVESTIGATION OF APPLICATZON
SECTION 3-5. ISSUANCE AND DENIAL OF LZMOUSINE SERVICE DRIVER'S.
PERMIT
SECTION 3-6. EXPIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF
STATE DRIVER'S LICENSE
SECTION 3-7. PROVZSIONAL PERMIT
SECTION 3-8. PROBATIONARY PERMIT
SECTION 3-9. DUPLICATE PERMIT
SECTION 3-10. DISPLAY/SURRENDER OF PERMIT
SECTION 3-11. SUSPENSION BY A DESZGNATED REPRESENTATIVE
SECTION 3-12. SUSPENSION OF LZMOUSINE SERVICE DRIVER'S PERMZT
SECTZON 3-13. REVOCATION OF LIMOUSINE SERVICE DRIVER'S PERMIT
SECTION 3-14. LIMOUSINE OPERATION AFTER SUSPENSION OR REVOCATION
SECTION 3-15. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION
SECTION 3-16. NONTRANSFERABILITY �
. SECTION 3-17. CURRENT MAILING ADDRESS OF PERMITTEE
�r.�`
�. .x
A.RTICLE IV
MISCELLANEOUS HOLDER AND DRIVER REGULATIONS
�. .,
SECTION 4-2. HOLDER'S AND DRIVER'S DUTY TO COMPLY
SECTION 4-2 . HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS
SECTION 4-3 . DRIVER AS EMPIAYEE
SECTZON 4-4 . INSURANCE
SECTION 4-5. HOLDER' S SERVICE RESPONSIBZLITIES
SECTION 4-6. INFORMATION TO BE SUPPLIED ON REQUEST OF
ADMINZSTRATOR
ARTICLE V
SERVICE RULES AND REGULATIONS
SECTION 5-1.� PA.RKING
SECTION 5-2. REGULATIONS FOR USE OF HOLDING STANDS
SECTION 5-3 . LAADING AND DISCHARGE OF PASSENGERS
SECTION 5-4 . CRUISING THE AIRPORT
SECTION 5-5. SOLICITATZON AND ACCEPTANCE OF PASSENGERS
SECTION 5-6. CONDUCT OF DRIVER
SECTION 5-7 . RETURN OF PASSENGER'S PROPERTY
SECTION 5-8 . PREARRANGED LIMOUSINE SERVICE
�- ., SECTION 5-9. SCHEDULED LIMOUSINE SERVICE
SECTION 5-10. NOT FOR HIRE STATUS OF LIMOUSINES
�..� ARTZCLE VI
FARES
SECTION 6-1. RATES OF FA.RE
ARTICLE VZI
VEHICLES AND EQUIPMENT
SECTION 7-1. VEHICLE INSPECTION
SECTION 7-2. VEHICLE EQUIPMENT
SECTION 7-3. DECAIS
SECTION 7-4 FAISE REPRESENTATION AS A LIMOUSINE SERVICE
ARTICLE VIII
ENFORCEMENT
SECTION 8-1. AUTHORITY TO INSPECT
SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY
SECTION 8-3. CORRECTION ORDER
SECTION 8-4. SERVICE OF NOTZCE
SECTION 8-5. APPEALS
�� SECTZON 8-6. CRIMINAL OFFENSES
SECTION 8-7. ADMINISTRATIVE FINES
� _
�'�
LIMOUSINE SERVICE �
Draft Revision ,��
09-13-90
ARTICLE Z
GENERAL PROVISZONS
SECTION 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 Limousine Service at the Dallas/Fort Worth International
Airport. To thi�s end, Rules and Regulations for Limousine operations
at the Airport are developed to protect the public health and safety
and to promotes the public convenience and necessity, and respects the
concept of free enterprise
', SECTZON 1-2. AUTHORITY FOR ENFORCEMENT
i
', The Director of Transportation for the City of Dallas is
' designated as the Administrator of the Dallas/Fort Worth International '�'�
', Airport Limousine Rules and Regulations. The Administrator shall
; implement and enforce the Rules and Regulations and mav bv written ,�,,�
, order establish such rules or recrulations not inconsistent with this
', chapter, as determined necessarv to discharae his dutv under or to
', effect the tiolicv of this chapter
SECTION 1-3. E%EMPTIONS
(1) These Rules and Regulations do not apply to a Limousine
Service or to a Person operating a Limousine Service that is:
(a) owned by a nonprofit organization and carrying only
passengers associated with that organization, if no compensation is
' received from any other Person for carrying the passengers;
(b) provided by an employer or employee association for use
in transporting employees between the employees' homes and the
employer's place of business or between workstations, with the
employees reimbursing the employer or employee association in the
amount calculated only to offset the reasonable expenses of operating
the vehicle; or
(c) entering the Airport for the sole purpose of terminating a
trip that lawfully originated outside of the Airport, except when the �!
Limousine is marked with a decal issued pursuant to this chapter.
1
�i
�° � (2) Articles III and VII Lexcludinq Section 7-3) of these Rules
and Regulations do not apply to:
� a (a) the driver of a Limousine operated under authority
granted by the Interstate Commerce Commission to operate a regularly
scheduled route, if the driver is operating within the scope of his
employment; or
(b) a Limousine operated under authority granted by the
Interstate Commerce Commission to operate a regularly scheduled route.
(3) It is not a defense to prosecution that the Person was
operating a vehicle granted a certificate issued by the Texas Railroad
Commission, or granted operating authority by the Interstate Commerce
Commission for an irregularly scheduled route.
(4) These Rules and Regulations, except for Sections 5-1 thraugh
5-6, do not appl� to a Limousine, or to a Person operating a Limousine,
that is owned by the federal or state government or by a political
subdivision of the state.
(5) A Person or vehicle exempted under this subsection is subject
to a fee, in an amount to be designated by the Dallas/Fort Worth
International Airport Board Schedule of Charges, as amended, for
operating at the Airport, using the Limousine Holding Stands, and
� obtaining an authorization decal as described in Section 7-3 of these
Rules and Regulations. .
` ° SECTION 1-4. DEFZNITIONS
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) ADMINISTR.ATOR means the Director of Transportation for the
City of Dallas, or his authorized agent, with the responsibility of
implementing and enforcing the Dallas/Fort Worth International Airport
Limousine Rules and Regulations.
(2) AIRPORT means the Dallas/Fort Worth International Airport.
(3) AIRPORT BOARD means the Dallas/Fort Worth International
Airport Board, the governing body of the Airport.
(4) CONTIGUOUS means abutting, adjacent, adjoining, bordering, and
when concerning service zones, any address that can reasonably be
determined to be on route to a final destination.
(5) CONVICTION means a Conviction in a federal court or a court
�� of any state or foreign nation or political subdivision of a state or
foreign nation that has not been reversed, vacated, or pardoned.
_ 2
i
(6) DRZVER means an individual who drives or operates a
��
Limousine.
(7) HOLDER means a Person, partnership, corporation, ioint
venture or other lectal entitv or relationship granted Operating '�'�`
Authority to provide Limousine Service at the Airport, or his
designated agent.
(8) HOLDING STAND means a public place reserved exclusively for
' use by Limousines and includes all authorized Limousine queuing,
loading, and holding areas.
(9) LAWFUL ORDER shall mean a verbal or written directive issued
by the Administrator or the Administrator' s duly authorized
representative in the performance of their duties, in the enforcement
of the Rules and Regulations authorized by this article.
(10) LEGAL RESIDENT means a citizen of the United States or a
Person residing in the United States in accordance with federal
immigration laws.
, (11) LIMOUSINE means a luxury sedan or other vehicle approved by
the Administrator that has a manufacturer' s rated seating capacity of
not more than 15 passengers including the Driver and that is used for
' the transportation of Persons on a prearranged basis.
(12) LIMOUSINE SERVICE means a passenger transportation service A��
' operated for hire on a prearranged basis that uses Limousines in the
, operation of the Service and includes, but is not limited to, a �wrrl
'� facility from which the Service is operated, Limousines used in the
' operation of the Service, a Limousine Driver, and a Person who owns,
' controls, or operates the Service.
(13) OPERATE means to drive or to be in control of a Limousine.
(14) OPERATING AUTHORITY means permission granted by the
Administrator to operate a Limousine Service at the Airport.
(15) OPERATOR means the Driver of a Limousine, the Owner of a
Limousine, or the Holder of Limousine Operating Authority.
(16) OWNER shall be presumed to mean the Person to whom state
license plates for a vehicle have been issued.
(17) PERSON means an individual, corporation, government or
governmental subdivision, or an agency, trust, partnership or two or
more Persons having a joint or common economic interest.
,L18) PREARRANGED means an appointment made with a Limousine Service
by._.a passencter qroup of passengers orsanization, or business to
provide service, that was initiated bv the passenQer, crrou� of '�
Qassenqers, orQani2ation, or business contactinq the Limousine Service
. 3 _ �r
� by telephone correspondence or other oral or written communication.
( 19) RULES AND REGULATIONS means the Limousine Service Rules and
�..,,..:
Regulations established under Chapter 5D, "Limousine Service Rules and
Regulations, " of the Code of Rules and Regulations of the Da as/Fo
Worth International Airport Board, as amended.
(20) SERVICE AREA means the area made up of the counties of Dallas,
Tarrant, Southeast Denton and Southwest Collin.
(21l TERMINAL AREAS means the roadwavs , parkincr lots, curbside
zones and sidewalks servicinct the arrival and deoarture areas of the
airnort terminals includinQ but not li:nited to Terminals 2W, 2E, 3EL
4E and the roadwavs parkinQ lots curbslde zones, and sidewalks
servicinct the Airport hotels at 3E and 3W.
SECTION 1-5 ESTABLISHMENT OF RIILES AND REGULATZONS
L11 Before adoptinct amendinq or repealinq a Rule or Requlation,
the Administrator shall hold a public hearinq on the proposal. The
Administrator shall fix the time and place of the hearinq and shall
notifv each Holder and such other Persons as the Administrator
determines mavbe interested in the sub�ect matter of the hearinQ.
(2) After the public hearinq the Administrator shall notifv the
� > Holders and other interested Persons of anv action adoptinq, amendinQ
or repealinQ a rule or rectulation and shall oost a notice of such
action in one or more conspicuous places includinct the DFw
'� � International Airport Transportation ReQUlation office. Such postinct
must continue for a period not fewer than ten davs. The action shall
become effective immediatelv upon expiration of the postinQ neriod.
SECTION 1-6 ESTABLISHMENT OF PROCEDIIRE3 '
The Administrator mav bv written order establish procedures not
inconsistent with the Rules and Rectulations which he determines are
necessarv to discharQe his dutv to imolement the Rules and recrulations.
ARTICLE ZI
OPERATING AUTHORITY
SECTION 2-l. OPERATING AIITHORITY REQIIIRED; NONTRANSFERA.BILITY
(1) A Person or Owner shall not operate a Limousine Service or
solicit passengers for a Limousine Service at the Airport without
Operating Authority granted under the Rules and Regulations.
(2) A Person or Owner shall not transport a passenger for hire at
the Airport by Limousine unless the Person driving the Limousine or
� another who employs or contracts with the Driver has been granted
: Operating Authority under the Rules and Regulations.
�+ 4
(3) It is NOT a defense to t-he prosecution that the Limousine ��
Service originated the trip in another city, bringing passengers into
D/FW Airport to be returned to their original location.
(4) A Person shall not engage or hire a Limousine which he knows ��
does not have Operating Authority or another form of permission from
the Administrator .
(5) Operating Authority may not be transferred to another Person.
SECTION 2-2. APPLZCATZON FOR OPERATING AUTHORZTY
(1) To obtain Operating Authority, a Person � shall submit an
application on a form provided by the Administrator and a non-
refundable fee of $150 for processing the application to the
Administrator. The applicant must be the Person who owns, or who will
own , the proposed Limousine Service. An applicant
shall file with the Administrator a written, verified application
containing the�Mfollowing:
' (a} a statement as to the type of Operating Authority
', (Limousine Service) for which application is made, including a
'�� statement as to which category (Prearranged Limousine Service) the
'i applicant proposes;
�I (b) a description of any past business experience of the
�
' applicant, particularly in providing passenger transportation services, �
and an identification and description of any prior revocation or
suspension of a permit to operate a business or service using motor �r�
' vehicles held by the applicant, the listed business, an affiliated
' business, or a Person with a direct interest in the '_-�-1 "'
' � , ownership of the business;
(c) a descri.ption of the proposed service includinQ exact
rates of fare to be charaed;
(d) the form of business of the applicant and, if the
business is a sole proprietorship, partnership, corporation, or
association, a copy of the documents establishing the business and the
name, address and citizenship or legal residence of each Person with a
ownership in the business;
(e) the name, address, and verified signature of the
applicant;
(f) the name of the city from which the applicant is
authorized to operate a Limousine Service and a copy of that city's
document authorizing the Limousine Service;
(g) a list detailinq the number and a description of the
vehicles the applicant proposes to use in the operation of the
Limousine Service including year, make, model, manufacturer's rated ""�
seating capacity, motor identification number and state license
5 v.�+:�r
�...:.
registration for each vehicle to be utilized;
(h) a description of the proposed insignia and color scheme,
if applicable, for the applicant ' s Limousines;
�.,�
(i) documentary evidence satisfactory to the Administrator
from an insurance company, authori2ed to do business in the State of
Texas indicating a willingness to provide liability insurance in the
amounts specified in Section 4-4 ;
(j ) documentary evidence from the FCC, if applicable, showing
that application has been made for a radio dispatching service license
as required by U.S. Federal law;
(k) any additional information the Administrator considers
necessary to the implementation and enforcement of the Rules and
Regulations, for the protection of the public safety, or to meet anv
other local , state or federal laws rules, requlations or auidelines.
.�.
(2) Upon receipt of an application for a permit, the Administrator
shall promptly notify in writing all other Persons holdinq a permit to
operate a Limousine Service at D/FW Airport informing them of the
application, and notifying them that the application may be reviewed at
the D/FW Airport Transportation Regulation Office, for a period of time
not to exceed 10 days from the date of application.
�' " (3) Within a 45 days after notif ication to existing companies of
the proposed application, the Administrator shall approve or deny the
�,,,y application for issuance of Limousine Service Operating Authority
provided no protests have been filed.
(a) Upon receipt of a protest the Administrator shall hold a
gublic hearinQ on the proposed service to determine whether the
,a��licant' s proposed service interferes with or adverselv affects
existing Limousine Services eit�r�r bv � �
increasincr curbside or traffic conQestion
at the Airt�ort.
Sb) The Administrator shall fix the time and place of the
hearinci and shall notify each holder and such other t�ersons as the
Administrator determines maYbe interested in the subiect matter of the
hearinq.
SECTION 2-3. LIMITATION3 OF OPERATING AIITHORITY
(1) When issued, a permit shall only provide Operatina Authoritv
for the operation of a Limousine Service at the Airnort.
(2) The Operating Authority may also contain other conditions and
limitations determined necessary by the Administrator, including, but
"'�' not l imited to:
;�, 6
i
(a) the number and type of vehicles to be used in the
�ermitted service; ���
(b) a description of vehicles to be operated; "
��
(c) the number of passengers that may be transported in eacr
vehicle;
(d) customers to be served;
(e) places of loading or unloading passengers;
(f) schedules and routes to be followed;
(g) maximum rates to be charged for the permitted service;
(h) operating procedures; and
(i) special conditions or restrictions.
w
(2) A Person or Holder commits an offense if he fails to comply
with the conditions or limitations placed on the Operating Authority
' under which he is operating a Limousine Service.
' (3) Each applicant, including any Person with a direct interest in
' the business, applying for Limousine Service Operating Authority shall
qualify for a Limousine Service Driver' s Permit in accordance with this
chapter. "��
SECTZON 2-4. AMENDMENTS TO OPERATZNG AIITHORITY r�r��
' (1) A Holder desiring to amend the terms or conditions of its
', Operating Authority shall submit a written request to the
'�, Administrator. A non-refundable amendment fee in accordance with the
', Dallas/Fort Worth International Airport Board Schedule of Charges, as
I amended, must accompany a request for any material change to the
Operating Authority. The request shall include:
(a) the nature of the proposed change;
(b) the date the proposed change is to take effect.
(2) The Administrator may approve an amendment unless it is in
violation of or inconsistent with the provisions of the Rules and
Regulations.
(3) Amendments to a Limousine Service Operatinq Authority to
increase the number of authorized vehicles or chanQe rates mav be made
bv the Administrator only upon written aDplication and �avment of anv
additional fees that mav be required.
�
7 +r.e�
(4) If a Limousine Service experiences vehicular problems which
� ��eCSire additional vehicles to either maintain their service or provide
dditional service for a�eriod not to exceed 10 _days, the Service may
-equest a temporary amendment for supplemental vehicles by submittinq a
� �ritten application form to the Administrator. The application must
state the reason supplemental vehicles are needed and identify all
vehicles to be used. Supplemental vehicles authorized must comply with
insurance requirements, vehicle requirements, all permit fees, and any
other requirements of this section and are subject to inspection by the
Administrator, who may at anytime order unsafe vehicles to be removed
from service.
SECTION 2-5. RENEWAL OF OPER.ATING AIITHORZTY
(1) A Holder shall apply for renewal of Limousine Service
operating Authority �ermit at least 30 days before the expiration of
the Operating Authority.
�2) Within a re�'sonable time after the date of application, the
Administrator shall approve or deny the application for renewal .
(3) The Administrator shall renew the Operating Authority if the
Administrator determines that:
(a) the permit Holder has performed satisfactorilY in
�;�compliance with all terms and conditions of the Operating Authority;
(b) the Limousine Service is in compliance with all Lawful
� .n,Orders, requirements, Rules and Regulations and Procedures;
(c) the service provided continues to be necessarv for or to
otherwise serves the public convenience and necessitY•
SECTION 2-6. DENIAI, OF APPLICATION FOR ISSIIANCE OR RENES�7AL
The Administrator shall deny issuance or renewal of Limousine
Service Operating Authority if he finds that:
(1) the public convenience and necessitv do not recruire or are not
otherwise served bv the proposed service:
(2) the applicant or anv Person holdina an ownership interest in
the application has been either convicted twlce, suspended twice, or
convicted once and suspended once, for a violation of the Rules and
Regulations or procedures within the preceding two years;
(3) the applicant failed to comply with the requirements of the
Rules and Regulations, or Lawful Orders, or procedures established
under the Rules and Regulations within the precedinQ 2 vears;
�:�
8
(4) the applicant failed to comply with the terms and conditions ��
of the Operating Authority for which application for renewal is made
within the preceding 2 years;
(5) the applicant made a false statement as to a material matter �'�
in the application for issuance or renewal of Operating Authority;
(6} the applicant or anv Person holdinq and ownership interest in
the application has been finallv convicted f�vr of a violation of
another city, state, or federal law or regulation which would
reasonably tend to indicate that the holder is not fit to perform a
Limousine Service; or
(7) the applicant' s Limousine Service permit has been revoked
within a two year period prior to the date of application:
SECTION 2-7. SIISPENSION AND REVOCATION OF OPERATZNG AIITHORITY
(1) The Admihistrator may suspend or revoke Limousine Service
Operating Authority or set an administrative fine (except as to (1) (d)
hereof) within the limits provided by law, if he determines that the
i Holder has:
'� (a) made a false statement as to a material matter in an
�, application for issuance or renewal of Operating Authority; ,
�' b failed to com 1 with the ���
O p y provisions of the Rules and
, Regulations and/or Lawful Orders, �rocedures, etc. established bv the
', Administrator pursuant to Section 1-2 of these Rules and ReQUlations; �r�
'' (c) failed to conply with the terms and conditions of the
' Operating Authority, including, but not limited to, operating a type of
' service not authorized by the Operating AuthQrity or operating a
service in a manner not authorized by the Operating Authority;
(d) been finallv convicted for of a violation of another
city, state, or federal law or regulation which would reasonably tend
to indicate that ' the Holder is not fit to
perform a Limousine Service;
(e) failed to pay all required fees; or
(f) failed to surrender scrip tickets for the payment of fees
prescribed in Section 2-9 in the manner approved by the Administrator.
(2) The Administrator may suspend a Holder's Operating Authority
for a period not to exceed 60 days or set an administrative fine in
accordance with Section 8-7. At the end of the suspension period, the
Holder may resume operating at the Airport, providing the deficiency
causing the suspension has been corrected by the holder.
�'�
9 w.�
�, , (3) A Holder whose Operating Authority has been revoked shall not
reapply for Operating Authority before the expiration of 24 months from
the date of revocation or, in the case of an appeal , the date the
�.:,;,
appeal hearing officer affirms the revocation.
SECTION 2-8. APPEAL OF DENZAL, SDSPENSION, OR REVOCATZON
The denial of an application for issuance or renewal of Limousine
Service Operating Authority or suspension or revocation of Limousine
Service Operating Authority may be appealed by the applicant or Holder
in accordance with Section 8-5 of the Rules and Regulations.
SECTION 2-9 . FEES; ANNIIAL ISSUANCE
(1) The annual fee for Limousine Service Operating Authority shall
be established in accordance with the Dallas/Fort Worth International
Airport Board Schedule of Charges. The annual fee shall be paid to the
Administrator b�fore the Operating Authority is issued.
(2) Limousine Service Operating Authority may be issued for a
period not to exceed one year and shall expire on October 31 of each
year unless otherwise designated in the Operating Authority. If the
Operating Authority is issued for a period of less than one year, the
annual fee shall be prorated on the basis .. . of the whole
number of davs in the month.
� (3) A permit amended to increase the number of vehicles used shall
require the Administrator to compute and collect an adjusted amount for
��� the fee as a result of the increase.
�� The fee for a
temporary permit amendment authorizina supplemental vehic_les shall be
computed at the rate of S20 per vehicle.
(4) In addition to the annual fee required in Subsection (1) , the
Holder of Limousine Service Operating Authority shall pay exit fees in
accordance with the Dallas/Fort Worth International Airport Board
Schedule of Charges, as amended, in a manner prescribed by the
Administrator, each time a Limousine vehicle exits the Airport while
providing prearranged Limousine Service.
(5) No refund of an annual Operating Authority fee shall be made.
(6) An applicant or permit Holder under this article shall not
allow the payment of any fees required by these Rules and Regulations
to become delinquent or past due.
l71 If a company is authorized to operate more than one tv�e of
transportation service, a separate oermit fee must be paid for each
tvpe of permit held.
,�,...,�
� 10
BECTION 2-10. ADVERTISEMENT OF LIMOU8INE BERVZCE
�'�
(1) A Person commits an offense if he advertises or causes to be
advertised the operation of a Limousine Service at D/FW Airport that
does not have valid Operating Authority under this article when the �"'�
advertisement is reasonably calculated to be seen by Persons seeking
Limousine Service at the Airport.
(2) It is a defense to prosecution under Subsection (1) that the
Person was the publisher (but not the ownerl of the advertising
material and had no knowledge that the Limousine Service did not have
Operating Authority under this article.
SECTION 2-11. TEMPORARY OPERATING AIITHORITY
(1) The Administrator may issue temporary Operating Authority to a
Limousine Service for a period not to exceed 10 days.
(2) A Person desiring temporary Operating Authority must submit
such information as deemed appropriate by the Administrator to
determine that:
(a) Drivers are qualified;
' (b) vehicles are safe and roadworthy; and
(c) liability insurance is possessed that meets or exceeds ���'
' those limits specified in Section 4-4 of these Rules and Regulations.
w i�
(3) The fee for temporary Operating Authority shall be established
' in accordance with the Dallas/Fort worth Znternational Airport Board
', Schedule of Charges, as amended.
' (4) Vehicles used under temporary Operating Authority are subject
' to inspection procedures and fees in accordance with Section 7-1 of
these Rules and Regulations.
(5) The Holder af temporary Operating Authority is subject to the
' fees established in Section 2-9 (3) of these Rules and Regulations.
SECTION 2-12. HOLDSRS RECORDS AND REPORTS
ll) Each Holder and/or Owner shall maintain at a sincxle location
such categories of its business records of its service as the
Administrator may orescribe.
(2) The method used in maintainina the records must be approved
� the Administrator and the Administrator mav recruire maintenance of
certain records which he determines necessarv for monitorinq the
activities. operations, service or safetv record of a Holder. ��
11 '�°+�
(3� A Holder shall maintain a record of the Driver of each
�"� Limousine The records shall include �he name of each driver who has
operated the Limousine and the dates _and times of each driver' s
operation of the vehicle.
�, .x
(4) A Holder and/or Owner shall make such records available for
inspection bY the Administrator or provide the Administrator with
information contained in those records upon reqvest._
ARTICLE ZII
LIMOUSINE SERVICE DRIVER'S P£RMIT
SECTION 3-1. LIMOiTSZNE SERVZCE DRIVER' S PERMIT REQUIRED
(1) A Person commits an offense if he operates a Limousine inside
the Airport without a valid Limousine Service Driver's Permit issued to
him under this article. It is a defense to prosecution under this
subsection tha�- the Person is terminating a trip that lawfully
originated outside the Airport.
(2) A Holder may not employ, contract with, or otherwise allow a
Person to drive a in a Limousine Service a Limousine owned, controlled,
or operated by the Holder unless the Person has a valid Limousine
Service Driver' s Permit issued to him under this article.
'�` " (3) It is NOT a defense to prosecution that the Person was
operating a vehicle granted a certificate issued by the Texas Railroad
;�.�, Commission, or granted Operating Authority by the Znterstate Commerce
Commission for an irregularly scheduled route.
SECTION 3-2. QIIALIFICATION FOR LIMOIISINE SERVICE DRIVER� B PERMIT
(1) To qualify for a Limousine Service Driver's Permit, an
applicant must; �
(a) be at least 19 years of age;
(b) be a currently authorized to work full-time in the United
States;
(c) hold a valid driver's license issued by the State of
Texas;
(d) be able to communicate effectivelv in the English
language;
(e) not be afflicted with a physical or mental disease or
disability that is likely to prevent him from exercising ordinary and
reasonable control over a motor vehicle or that is likely to otherwise
�'"' endanger the public health or safety;
,� 12
(f) not have been convicted of more than four moving traffic
violations arising out of seFarate transactions (within any 12 month �'�
period during the preceding 36 months) ;
(g) not have been involved in more than two automobile ��
accidents in which it could be reasonably determined that the applicant
was at fault (within any 12 month period during the preceding 36
months) ;
(h) not have been convicted of a crime:
(A) involving:
(i) criminal homicide as defined in Chapter 19 of the
Texas Penal Code; .
(ii) kidnapping as defined in Chapter 20 of the Texas
Penal Code;
.-,.
(iii) a sexual offense as defined in Chapter 21 of the
' Texas Penal Code;
I (iv) an assaultive offense as defined in Chapter 22 of
the Texas Penal Code;
I, (v) robbery as defined in Chapter 29 of the Texas
' Penal Code; �"'�
' (vi) burglary as defined in Chapter 30 of the Texas ��
' Penal Code, but only if the offense was committed against a Person with
' whom the applicant came in contact witi� while engaged in a passenger
' transportation service;
(vii) theft as defined in Chapter 31 of the Texas Penal
Code, but only if the offense was committed against a Person with whom
the applicant came in contact �i�t}r while engaged in a passenger
transportation service;
(viii) fraud as defined in Chapter 32 of the Texas Penal
Code, but only if the offense was committed against a Person with whom
the applicant came in contact mit� while engaged in a passenger
transportation service;
(ix) tampering with governmental records as defined in
Chapter 37 of the Texas Penal Code, but only if the offense was
committed in connection with a passenQer transportation service;
(x) public indecency (prostitution or obscenity) as
defined in Chapter 43 of the Texas Penal Code;
�.�
13 ,�,�
(xi) the transfer, carryinq or possession of a weapon
�-� in violation of Chapter 46 of the Texas Penal Code, but only if the
violation is punishable as a felony;
�-�
(xii) a violation of the Dangerous Drugs Act (Article
44 76-14 , Vernon ' s Texas Civil Statutes) ;
(xiii) a violation of the Controlled Substances Act
(Article 4476-15 , Vernon' s Texas Civil Statutes) that is punishable as
a felony; or
(xiv) criminal attempt to co;,unit any of the offenses
listed in Subdivision (h) (A) (i) - (xiii) of this subsection;
(B) and, for which:
(i) less than two years have elapsed since the date
of Conviction or the date of release from confinement imposed for the
Conviction, whic�hever is the later date, if the applicant was convicted
of a misdemeanor offense;
(ii) less than five years have elapsed since the date
of Conviction or the date of release from confinement for the
Conviction, whichever is the later date, if the applicant was convicted
of a felony offense; or
,� m (iii) less than five years have elapsed since the date
of the last Conviction or the date of release from confinement for the
last Conviction, whichever is the later date, if within any 24 month
`�'� period, the applicant has two or more Convictions of any misdemeanor
offense or combination of misdemeanor offenses;
(i) not have been convicted of, or discharged by probation or
deferred adjudication for, driving while intoxicated:
(A) within the preceding 12 months; or
(B) more than one time within the preceding five years;
(j ) not be addicted to the use of alcohol or narcotics;
(k) be subject to no outstanding warrants of arrest;
(1) be sanitary and well-groomed in dress and Person;
(m) be employed by a Holder; and
(n) have successfully completed within the preceding 12 months
a defensive driving course approved by the Texas Education AQencv and
be able to present proof of completion.
�
14
�
(2) An applicant who has been convicted of an offense listed in
Subsection ( 1) (h) or ( ij , for which the required time period has ��
elapsed since the date of Conviction or the date of release from
confinement imposed for the Conviction, may qualify for a Limousine
Service Driver's Permit only if the Administrator determines that the ��
applicant is presently fit to engage in the occupation of a Limousine
Driver. In determininq present fitness under this section, the
Administrator shall consider the following:
(a) the extent and nature of the applicant' s past criminal
activity;
(b) the age of the applicant at the time of the commission of
the crime;
(c) the amount of time that has elapsed since the applicant ' s
last criminal activity;
(d) tt7� conduct and work activity of the applicant prior to
and following the criminal activity;
', (e) evidence of the applicant's rehabilitation or
' rehabilitative effort while incarcerated, following release or
otherwise followinQ conviction; and
(f) other evidence of the applicant's present fitness,
including letters of recommendation from prosecution, law enforcement, �'!�
and correctional officers who prosecuted, arrested, or had custodial or
rehabilitative responsibil ity for the applicant; the sheriff and chief �,�
of police in the community where the applicant resides; and any other
Persons in contact with the applicant.
(3) It is the responsibility of the applicant to the extent
possible, to secure and provide to the Administrator the evidence
required to determine present fitness under Subsection (2) of this .
section and under Section 3 . 8 (1) of this article.
(4) As an additional qualification for a Limousine Service
Driver's Permit, the Administrator may uniformly require applicants to
pass an examination qiven by the Administrator that tests an
applicant's knowledge of traffic laws, a Driver's duties under the
Rules and Regulations, and the geography and road networks of the
cities or counties surrounding the Airport.
SECTION 3-3. APPLICATION FOR LIMOUSINE SERVICE DRIVER'8 PERMIT
To obtain a Limousine Service Driver's Permit or renewal of a
Limousine Service Driver' s Permit, a Person must file a completed
written application with the Administrator on a form provided for that
purpose. The Administrator shall require each application to state any
information he considers necessary to determine whether an applicant i�
qualified.
15 ,,��;
� .� BECTION 3-4 . INVESTIGATION OF APPLZCATION
(1) For the purpose of determining qualification under Section 3-2
(1) (e) , the Administrator may require an applicant to submit to a
�'"� physical examination at the applicant' s expense conducted by a licensed
physician accet�table to the Administrator and to furnish the
Administrator a statement siQned by the phYsician, certifying that the
physician has examined the applicant and that in the physician' s
professional opinion the applicant is qualified under Section 3-2 ( 1)
(e) and able to operate a Limousine at the Airport.
(2) The Administrator may conduct any other investigation he
considers necessary to determine whether an applicant for a Limousine
Service Driver' s Permit is qualified.
SECTION 3-5. ISSIIANCE AND DENIAL OF LIMOIISINE SERVZCE DRIVER�B PERMIT
(1) If th� Administrator determines that an applicant is
qualified, he shall issue a Limousine Service Driver' s Permit to the
applicant.
(2) The Administrator shall delay until final adjudication or
other disposition the approval of the application of any applicant who
is under indictment for or has charges pending for:
� A (a) a felony offense involving a crime described in Section 3-
2 (h) (A) (i) , (ii) , (iii) , (iv) , (v) or criminal attempt to commit any
of those offense; or
�,,,�
(b) any offense involving driving while intoxicated.
(3) The Administrator may deny the application for a Limousine
Service Driver' s Permit if the applicant:
(a) is not qualified under Section 3-2 ;
(b) refuses to submit to or does not pass a medical or written
examination authorized under Section 3-2 or Section 3-4; or
(c) makes a false statement of a material fact in his
application for a Limousine Service Driver' s Permit.
(4) If the Administrator determines that a Limousine Service
Driver's Permit should be denied the applicant, the Administrator shall
notify the applicant in writing that his application is denied and
include in the notice the reason for denial and a statement informing
the applicant of his right of appeal.
�:�
�+ 16
BECTZON 3-6. E%PZRATION; VOIDANCE IIPON 6IISPENSION OR REVOCATION OF
STATE DRIVER� B LZCENSE
��
Except in the case of a probationary or provisional permit, a
Limousine Service Driver' s Permit expires two years from the date of
issuance. If a permittee' s state driver' s license is suspended or ��
revoked by the state, his Limousine Service Driver' s Permit
automatically becomes void. A permittee shall notify the Administrator
within three days of a suspension or revocation of his driver's license
by the state and shall immediately surrender his Limousine Service
Driver's Permit to the Administrator.
SECTION 3-7 . PROVISZONAL PERMIT
(1) The Administrator may issue a provisional Limousine Service
Driver' s Permit if he determines that:
(a) the number of Limousine Drivers is inadequate to �eet the
Airport's need for Limousine Service, in which case he may issue the
number necessary to meet the need; or
(b) it is necessary to allow the Administrator to complete
i investigation of an applicant for a Limousine Service Driver ' s Permit.
II, (2) . A provisional Limousine Service Driver' s Permit expires 45
I days from the date of issuance, or upon the applicant' s being denied a
' Limousine Service Driver' s Permit, whichever occurs first.
A�
(3) The Administrator may issue a provisional permit to a Person
holding a state driver' s license, in accordance with Article 6687 b, ,�,�
Section 5 {b) , Vernon's Texas Statutes.
SECTZON 3-8. PROBATIONARY PERMIT
(1) The Administrator may issue a probationary Limousine Service
Driver's Permit to an applicant who is not qualified for a Limousine
Service Driver's Permit under Section 3-2 if the applicant:
(a) could qualify under Section 3-2 for a Limousine Service
Driver's Permit within one year from the date of application;
(b) holds a valid state driver's license
: an�
(c) is determined by the Administrator, using the criteria
listed in Section 3-2 (2) of this article, to be presently f it to
engage in the occupation of a Limousine Driver.
(2) A probationary driver's permit may be issued for a period not
to exceed one year.
��
- . _ 17
- +�ri
(3) The Administrator may prescribe appropriate terms and
conditions for a probationary Limousine Service Driver' s Pe rcnit as he
� � determines are necessary.
SECTZON 3-9 . DIIPLZCATE PERHIT
�u.�.
If a Limousine Service Driver' s Permit is lost or destroyed, the
Administrator may issue the permittee a duplicate permit upon receiving
payment of a duplicate permit fee in accordance with the Dallas/Fort
Worth Znternational Airport Board Schedule of Charges, as amended.
SECTION 3-10. DZSPLAY/SUR.RENDER OF PERMIT
(1� While on duty a Limousine Driver shall cons�icuouslv display
his Limousine Service Driver's Permit issued bv the Administrator on
the up er portion of th�-rr his outer clothinQ._
j2) The Limousine Service Driver' s Permit is the propertv of the
Dallas/Fort Worth International Airport and must be surrendered upon
termination or when deemed invalid or u�on rec�uest bv the
Administrator a D/FW Airport Board official peace officer, or CitY of
Dallas Transportation Rectulation Emplovee.
(3) A Limousine Driver shall allow the Administrator, a D/FW
Airport Board official . t�eace officer or Citv of Dallas Transportation
Re ulation Em lo ee to examine his Limousine Service Driver' s Permit
�,,,,,s upon request.
SECTION 3-11. SIISPENSZON BY A DESIGNATED REPRESENTATIVE
�..�
(1) If a representative designated by the Ad�inistrator to enforce
these Rules and Regulations determines that a permittee has failed to
comply with the Rules and Regulations (except Section 3-2) , the
representative may suspend the Limousine Service Driver' s Permit for a
period of time not to exceed 30 days by serving the permittee with a
written notice of the suspension. The notice must include:
(a) the reason for suspension;
(b) the date the suspension begins;
(c) the duration of the suspension; and
(d) a statement informing the permittee of his right of
appeal.
(2) A suspension under this section may be appealed to the
Administrator if the permittee submits a written rec�uest to
appeal to the Administrator within ten davs of receivina written notice
of the suspension. when an appeal is requested, the suspension may not
take effect until a decision on the appeal is issued bv the
'� � Administrator.
• 28� -
� . -
(3) The Administrator may order an expedited hearing under this
section, to be held as soon as possible after the permittee requests an ��
appeal . The Administratcr �ay affirm, reverse, or modify the order of �
the representative.
(41 A permittee whose Limousine Service Driver' s Permit is ��'
suspended shall not oriqinate a Limousine trip at the Airport durinQ
the period of suspension. The Administrator mav also order that the
�ermittee not terminate trips at the Airnort durinQ the period of
suspension.
SECTION 3-12. SIISPENSION OF LZMOIISINE SERVICE DRIVER'S PERMIT
(1) If the Administrator determines that a permittee has failed to
comply with any provision of the Rules and Regulations (except Section
3-2) , the Administrator may suspend the Limousine Service Driver's
Permit for a definite period of time not to exceed six months or set an
administrative fine in accordance with Section 8-7.
(2) If at 'any time the Administrator determines that a permittee
is not qualified under Section 3-2 , the Administrator shall suspend the
' Limousine Service Driver' s Permit until the Administrator determines
', that the permittee is qualified. A Driver shall provide the
� Administrator with necessary information or proof of his qualifications
upon request.
I!� (3) A permittee whose Limousine Service Driver' s Permit is
I suspended shall not originate a Limousine trip at the Airport during '�"�"��
' the period of suspension. The Administrator may also order that the
', permittee not terminate trips at the Airport during the period of ,,,,,,�
' suspension.
' (4) The Administrator shall notify the permittee and the Holder
employing the permittee, in writing, of a suspension under this
, section. The notice must include:
(a) the reason for the suspension;
� (b) the date the Administrator orders the suspension to begin;
(c) the duration of suspension or if it is under Subsection
(2) ; and
(d) a statement informing the permittee of his right of
appeal.
(5) The period of suspension begins on the date specified by the
Administrator, or in the case of an appeal, on the date ordered by the
appeal hearing officer .
��
19. _
�r
SECTION 3-13 . REVOCATION OF LIHOQSINE SERVZCE DRIVER' 8 PERHZT
� ' (1) The Administrator may r°voke a Limousine Service Driver' s
Permit if the Administrator determines that the permittee:
,�,.,� (a) operated a Limousine inside the Airport during a period
in which the driver ' s Limousine Service Driver' s Permit was suspended;
(b) made a false statement of a material fact in his
application for a Limousine Service Driver's Permit;
(c) engaged in conduct that constitutes a ground for
suspension under Section 3-12 (1) and received either a suspension in
excess of 10 days or a Conviction for violation of the Rules and
Regulations, two times within the 12-month period preceding the conduct
or three times within the 24-month period preceding the conduct;
(d) engaged in conduct that could reasonably be determined to
be detrimental to the public safety;
.-,.
(e) failed to comply with a condition of a probationary
permit;
(f) was convicted of any felony offense listed in Section 3-2
while holding a Limousine Driver' s permit;
(g) failed to surrender the appropriate scrip tickets for the
"� 4 payment of fees prescribed in Section 2-9 in the manner approved by the
Administrator; or
�,w.,�
(hl operated a vehicle for a Person not holdin4 a valid
Limousine Operatinq Authoritv.
(2) A Person whose Limousine Service Driver's Permit is revoked
shall not:
(a) apply for another Limousine Service Driver's Permit
before the expiration of 24 months from the date the Administrator
revokes the permit or, in the case of an appeal, the date the appeal
hearing officer affirms the revocation; or
(b) operate a Limousine at the Airport.
(3) The Administrator shall notify the permittee in writing of a
revocation. The notice shall include:
(a) the reason for the revocation;
(b) the date the Administrator orders the revocation; and
{c) a statement informing the permittee of his right of
��� appeal.
- - - 20
�
i
SECTION 3-14. LZMOIISINE OPERATION AFTER BIISPENSION OR REVOCATZON
(?) After receiving notice of suspension or revocation of a permit�"''�
or denial of a permit renewal , the permittee shall , on the date
specified in the notice, surrender his Limousine Service Driver' s
Permit to the Administrator and discontinue operating a Limousine at w�r
the Airport.
(2) Notwithstanding Section 3-12 (3) and Subsection (1) of this
section, if the permittee appeals the suspension or revocation of a
Limousine Service Driver' s Permit, he may continue to drive a Limousine
at the Airport pending the appeal unless:
(a) the permittee is not qualified under Section 3-2 ; or
(b) the Administrator determines that continued operation by
the permittee would impose an immediate threat to the public safety.
(3) A Driver shall comply with the decision of the appeal hearing
officer. ��-
, (4) Upon completion of a suspension, it is the Driver' s
', res,ponsibility to retrieve his permit prior to resuminQ operations.
I, SECTION 3-15. APPEAL OF DENIAL, SIISPENSION, OR REVOCATION
I'� The denial of an application for issuance or renewal of a
!i Limousine Service Driver's Permit, a suspension of a Limousine Service +�"�
I Driver' s Permit under Section 3-12, or a revocation of a Limousine
�� Service Driver's Permit may be appealed in accordance with Section 8-5 „��
'�,, of the Rules and Regulations.
I�I SECTION 3-16. NONTRANSFERABZLITY
II (1) A Limousine Service Driver' s Permit, badge, decal, ticket, or
I emblem assigned to one Person is not transferable to another.
', �2) A Limousine Service Driver's Permit is not transferable to
' another companv and becomes invalid upon termination of the Driv_er!s
�, emplovment for any reason, unless authorized bv the Administrator.
(3) A Person commits an offense if he:
(a) forges, alters, or counterfeits a Limousine Servica
Driver's Permit, badge, decal, ticket, or emblem required by the Rules
and Regulations or other applicable law; or
(b) possesses a forged, altered, or counterfeited Limousine
Service Driver's Permit, badge, decal, ticket or emblem required by the
Rules and Regulations or other applicable law; or
��+�
21 .
. . ��
(c) possesses more than one Limousine Service Driver' s Permit,
badge, decal, ticket, or emblem required by the Rules and Regulations
� ' or other applicable law.
BECTION 3-17 . CIIRRENT HAILZNG ADDRE88 OF PERMITTEE
+�,;,,�
(1) A Person issued a Limousine Service Driver's Pernit shall
maintain a current mailing address on file with the Administrator.
. (2) The permittee shall notify the Administrator of any change in
this z�ailing address within five business days of the change.
ARTICLE IV
MISCELLANEOUS HOLDER AND DRIVER REGULATIONS
SECTION 4-1. HOLDER' S AND DRIVER'8 DUTY TO COMPLY
(1) Holder. In the operation of a Limousine Service, a Holder
shall comply with the terms and conditions of the Holder's Operating
Authority, Lawful Orders of the Administrator, the Rules and
Regulations, and other laws applicable to the operation of a Limousine
Service.
(2) Driver. While operating a Limousine at the Airport, a Driver
shall comply with the Rules and Regulations, other laws applicable to
the operation of a motor vehicle in this state, Lawful Orders of the
Administrator, and orders issued by the Holder employing or contracting
'�` � with the Driver in connection with the Holder' s discharge of its duty
under its Operating Authority and the Rules and Regulations.
�.,�
SECTION 4-2. IiOLDER� S DIITY TO ENFORCE COMPLIANCE BY DRZVERS
(1) A Holder shall establish policy and take action to discourage,
prevent, or correct violations of the Rules and Regulations, procedures
ar�d Lawful Orders by Drivers who are employed by or contracting with
the Holder.
{2) A Holder shall not permit a Driver who is employed by or
contracting with the Holder to operate a Limousine in Limousine Service
if the Holder knows or has reasonable cause to suspect that the Driver
is in violation of the Rules and Recrulations or other atiplicable law,
the terms of his Limousine Service Driver' s Permit, or the Lawful
Orders of the Administrator.
,
���
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SECTION 4-3 DRIVER AS EMPLOYEE
�', (1) All Drivers of a Limousine Service shall be bona fide
'' employees of the Holder. ��
(2) A Driver may not allow another Person to drive or operate his �,�i
Limousine unless such Persvn is employed by the Holder to operate a
Limousine and the Driver has written authorization from the Holder.
SECTION 4-4. INSURANCE '
' (1) A Holder shall procure and keen in full force and effect
automobile liability insurance, written by an insurance companv
' ar�proved to do business in the State of Texas and acceptable to the
i citv Administrator issued in the standard form aoproved bv the State
�� Board of Insurance The insured �rovisions of the policv must name the
Dallas/Fort Worth International Airoort Board the Citv of Dallas, the
Citv of Fort Worth and their respective officers and emplovees as
additional insureds and the coveracte provisions must provide coveracte
for any loss or damaqe that may arise to any Person or �ropertv bv
reason of the o�eration of a Limousine Service bv the Holder.
(2) The automobile liability insurance must provide limits of
liability for bodilv injury and �ropertv damaqe of not less than
�500 000 for each occurrence combined sinqle limit, or the ecTUivalent,
for each motor vehicle used b� the Nolder with a maximum deductible of
not more than S1 000 per claim ActareQate limits of liabilitv are
grohibited The insurance must include uninsured and underinsured '"""�
23
��
motorist coveraQe in amounts not less than $40 000 per accident and
�20 000 per person foX bodilY iniurY and $15 000 per accident for
� � propertY dama4e, or the e�uivalent.
(3) If a vehicle is removed from Limousine service, the Holder
�,�, shall maintain the insurance coveraqe required by this_ section for the
vehicle until the Administrator receives satisfactorv proof that all
evidence of o eration as a Limousine has been removed from the vehicle
and that the vehicle has in fact been removed from service.
(4) Insurance reQuired under this section must:
_ La1 Include a cancellation provision in which the insurance
companv is reguired to notifv the Administrator in writina not fewer
than 30 davs before cancellinQ failinQ to renew, or makinq a material
chanqe to the insurance policv; and
�b1 Include a provision to cover all vehicles , whether owned
or not owned by the Holder operated under the Holder' s Operatinq
AuthoritY. ��
(5) No insurance rec�uired by this section may be obtained from__an
assiqned risk pool .
(6) Operating AuthoritY will not be aranted or renewed unless the
applicant or Holder furnishes the Administrator with such oroof of
insurance as the Administrator considers necessarv to determine whether
� " the applicant or Holder is adectuatelv insured under this section.
�� (7) A copv of documents establishin4 compliance with insurance
recruirements shall be on file with the Administrator at all times.
(81 Failure to maintain minimum insurance standards shall result
in the immediate suspension of the Holder's OperatinQ Authoritv. If
the Operatinq Authority is suspended for failure to maintain insurance,
it mav not be reinstated until satisfactorv proof of insurance meetinQ
minimum requirements is submitted and confirmed bv the Administrator.
(a) A Person commits an offense if he operates a passenaer
transportation service while his OperatinQ Authoritv is susnended under
this Subsection whether or not the action is a�pealed.
(b) A fee for reinstatement of Operatina Authoritv after a
susgension under this Subsection will be in accordance with the
Dallas/Fort Worth International Airnort Board Schedule of CharQes.
(9) If new insurance is not obtained within 45 davs of beinQ
lapsed or canceled the holder must submit a new apolication for
operatina authority as listed in Section 2-2 , and pav all fees as
rec�uired bv Section 2-9 of these Rules and Rec;ulations._
�
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SECTION 4-5. HOLDER�B SERVZCE RESPONBIBILITIEB
(1) A Holder shall provide Limousine Se:-vice for passenqers at th��
Airport in accordance with service levels and standards approved by the
Administrator, the Air port Board, and the Cities of Dallas and Fort '
Worth. 'w+�`'
(2) A Holder shall cooperate with the Administrator in all phases
of Limousine operations to provide prompt, efficient, and economical
service and shall respond promptly to specific requests by the
Administrator for Limousine Service during periods of shortage.
SECTZON 4-6. INFORMATION TO BE SIIPPLIED ON REQUEST OF ADMZNISTRATOR
In addition to any other information or upon request of the
Administrator, a Holder shall submit to the Administrator the following
information:
(1) a current list of vehicles;
.ti
j,2) a current financial statement which includes a balance
sheet/income statement;
', (3) names of current officers, Owners, and managers of the
Limousine Service; and
' (4) a list of the names and Limousine Service Driver's Permit �
', numbers of current Drivers employed by the Holder. �
' � �rr�
A.RTZCLE V
', SERVICE RULES AND REGULATIONS
' SECTION 5-1. PARRING
� (1) A Driver shall park only on designated Limousine Holding
, Stands while serving the Airport.
(2) A Person commits an offense if he:
(a) parks a vehicle on a Limousine Holding Stand without
authorization from the Administrator; or
(b) leaves a vehicle unattended on a Limousine Holding Stand;
except, that a Driver may leave his Limousine to provide such
assistance to a�,passenQer as is reasonably necessary after being
engaged.
(3) In proving an offense under Subsection (2) (a) , it is prima
facie evidence that a vehicle is unauthorized if the vehicle is not
equipped with a decal in accordance with Section 7-3 of these Rules and
Regulations. "�
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we�r
(4) A vehicle left unattended on a Limousine Holding Stand in
violation of Subsection (2) (b) is illegally parked and may be removed
�'" from the Holding Stand and impounded with all tow�ng and storage fees
to be paid by the vehicle O:mer.
� SECTZON 5-2 . REGULATIONB FOR IISE OF HOLDING STANDS
(1) While using a Limousine Holding Stand, a Limousine Driver
shall not:
(a) leave his Lirousine except to provide such assistance to
a passenger as is reasonably necessary after being engaged;
(b) perform or allow to be performed repairs or maintenance
on a Limousine; or
(c) utilize the Holding Stand while off duty.
SECTION 5-3. LOADING AND DISCHARGE OF PASSENGERS
(1) A Drive"''r shall load passengers and baggage into a Limousine
only at designated Holding Stands.
(2) Unless otherwise authorized by the Administrator, a Driver
shall use the lower level at terminals to discharge passengers, except
when increased hardship would result to a passenger afflicted with a
s�ro�ere physical or mental disability.
� � SECTION 5-4 . CRIIISING THE AIRPORT
,�,�,. (1) A Driver shall not cruise the Airport. A Driver is "cruising"
anytime he drives a Limousine within 1, 000 feet of a terminal or a
hotel on the Airport with out:
(a) a passenger to be discharged at the terminal or hotel ;
(b) following the approved schedule and route contained in '
the Holder's Operating Authority, if applicable;
(c) trip authorization by the Administrator;
(d) assignment � for a prearranged trip; or
(e) taking a direct route to leave the Airport.
SECTION 5-5. SOLICITATZON AND ACCEPTANCE OF PASSENGERS
(1) A Person commits an offense if he:
(a) by word or gesture solicits or accepts a passenger for a
Limousine at the Airport in a location other than an area specifically
authorized by the Administrator for the solicitation or acceptance of
�`�� Limousine passengers;
26 -
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(b) solicits a passenger by means of an electronic device
designed to amplify sound or in a manner that unreasonably annoys or ��
obstructs the movement of a Person; or �
(c) pays an employee of another business to solicit
passengers for or give preferential treatment in directing passengers �'�
to a Limousine, unless the Person has written permission from the
Administrator and the executive director of the Airport, or his
designated representative.
(2) A Person who acts as an agent in obtaining Limousine Service
for prospective passengers shall not:
(a) solicit passengers for the service; or �
(b) accept payment from a Driver or Holder in return for
giving preferential treatment in directing passengers to the Driver's
or Holder' s Limousine Service.
(3) It isMa defense to t-ke prosecution for a violation of this
Subsection, if the Owner of the transportation service has made a
, contractual agreement or other prior arrangement with the management of
I, the other business, and has been approved by the Administrator.
�I {4) A Person commits an offense if he:
, -
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' (a� solicits on behalf of a Limousine Service, Holder, or
Driver that does not have a valid permit or valid OperatinQ Authoritv �
under this chapter; or
W�
(b) hires employs or enQactes a Limousine Service, Holder, or
Driver that does not have a valid permit or valid Operatinct Authoritv
' under this chapter.
SECTION 5-6. CONDUCT OF DRIVER
II (1) A Driver shall:
', (a) conduct himself in a reasonable, prudent, and courteous
' manner;
(b) maintain a sanitary and well-groomed appearance;
(c) not respond to a dispatched call assigned to another
Driver;
(d) not, while operating a limousine vehicle, consume.
possess or be under the influence of:
(i) any alcoholic beverage;
(ii) any drug; or ��
_� 27
�;�
( iii) any other substance uhich could adversely affect
�,..�
his ability to drive a motor vehicle;
(e) not interfere with the Administrator in the performance
of his duties;
�
(f) not gather, congregate, or otherwise obstruct entrances
or passageways of any terminal, hotel, Airnort buildinq or roadw� in a
manner that unreasonably annoys or impedes the movenent of a Person or
vehicle;
(g) comply with Lawful Orders of the Administrator issued in
the performance of his duties;
(h) not deposit any bottle, can, trash, debris, junk, food,
or other object on or around anv HoldinQ Stand, buildinQ or Airport
roadwav except in an authorized trash receptacle; and
(i) not file a false report or make a false statement to the
Administrator. `M
SECTION 5-7 . RETURN OF PASSENGER� S PROPERTY
(1) Upon finding property left by a passenger in a Limousine, the
driver shall immediately return the property to the owner of that
�roperty.
'" ' (2) If the Driver is unable to locate the owner or if the Driver
does not know the identity of the owner, the Driver
�e_�, shall immediately notify by radio or telephone, the Holder of any
property left by a passenger in a vehicle, deliver the property to the
Holder, and notify the Administrator of the location and description
of the property.
SECTION 5-8. PREARRANGED LIMOIISZNE SERVZCE
(1) Limousine Service shall be operated on a Prearranged basis.
All arrangements for Limousine Service must be made prior to the
Limousine entering into the Terminal Areas of the Airport.
(2) when entering the Terminal Areas of the Airport, a Driver who
furnishes Prearranged Limousine Service shall have in his possession,
and present to the Administrator upon request, written documentation
indicating the following information:
(a) the name of the customer or customers;
(b) the number of individuals in the party;
(c) the airline carrying the customer or customers;
�" (d) the flight number;
28 -
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(e) the flight arrival time; and
�'�
(f) the destination of the Limousine trip.
(3) A Driver furnishing Prearranged Limousine Service shall not ��
accept any passengers at the Airport except those for whom service has
been Prearranged and documented in accordance with Subsection (2) of
this section.
(4) A Driver furnishing Prearranged Limousine Service shall not
drive into the terminal area of the Airport more than five minutes
prior to the scheduled arrival of the flight carrying the customer for
whom Limousine Service is to be provided. If a fliQht is delayed, the
Driver shall not occupy a Limousine HoldinQ Stand and shall park his
vehicle in the area desiQnated bv the Administrator as the Limousine
layover Holdinq Stand, until five minutes prior to actual arrival of
the customer's fliQht.__
(5) A Limou.sine Driver shall load customers and baggage into the
Limousine and immediately leave the terminal area.
j6) A Holder/Owner of Operatinq Authoritv for Limousine Service
', shall handle all customer complaints on a timely basis, and advise the
I Administrator of any and all action taken in response to the complaint.
II (7) The Administrator may establish procedures to monitor the
Service levels of Limousine Service at the Airport, including but not ��
limited to•
(a) condition of Limousine vehicles; �'�
(b) constancy of service at the Airport;
jc) adherence to all Rules and Regulations;
Sd) Driver conduct: and
le) passenc�er complaints.
II SECTION 5-9. SCHEDQLED LIMOIISINE SERVICE
fl) Scheduled Limousine Service, or Service Drovided by a Limousine
Service alona scheduled routes is not permitted at the Airport.
(2) It is a defense to prosecution that such Service was provided
by a city, state, or federal transit agency, or recoqnized reQional
transit authority.
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BECTZON 5-10. NOT FOR HIRE STATIIS OF LIMOII8ZNE8
�' " (1) Each Limousine opezatinQ at the airport is presumed to be on
duty and ready to serve the general public for hire. Zf a Driver is
off-duty and does not intend to provide Limousine Service at the
�-� Airport, he shall comply with the following requirements:
(a) The Driver shall place a sign, to be provided by the
Holder, in the Limousine indicating the words "NOT FOR HZRE" printed in
letters not less than three inches in height with a stroke of not less
than 3/8 inch. The letters shall be on a backing of sufficient
thickness to not easily bend.
(b) When a Driver is not for hire, he shall display the sign
in an upright position in the front window on the right side of the
Limousine so as to be easily seen and read from outside of the
Limousine.
(2) A Driver who is not for hire shall not park or stand his
Limousine on a�"Limousine Holding Stand or within 500 feet of a
Limousine Holding Stand or along or in the one hour parking zones of
the Airport roadways.
ARTICLE VI
FARES
�.,_.�
SECTION 6-1. RATES OF FARE
(1) A Driver or Holder shall not charge a fare for operating a
;�,,� Limousine at the Airport that is inconsistent with the rates authorized
in the Holder' s Operating Authority.
(2) A Holder desiring to effect a change in the approved rates of
fare shall submit a written request in accordance with Section 2-4 of
the Rules and Regulations.
(3) The rates listed in the Holder's Operating Authority shall be
strictly adhered to, and no change in rates may be implemented without
written approval of the Administrator.
(4) The Administrator may require a Holder to display rates on or
within a Limousine in a manner prescribed by the Administrator.
(5) The Driver or Holder shall give the Person paying a fare a
ticket or receipt that indicates the name, address, and phone number of
the Limousine company and the amount of the fare.
�.N�
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ARTICLE VII
VEHZCLES AND EQUIPMENT ,�w��
SECTION 7-1. VEHICLE ZN3PECTION
( 1) The Holder of a Limousine Service permit shall maintain all `�`�
vehicles used in the service in a safe mechanical condition and shall
maintain the interior and exterior of the vehicles in good repair.
(2) A Holder shall have each vehicle to be used in Limousine
Service inspected in a manner approved by the Administrator before
Operating Authority is issued and at such other times as may be ordered
by the Administrator. Inspection shall determine safety of the
vehicle, condition of maintenance, and compliance with all state and �
federal laws including those regulating emission of air contaminants.
(a) A Holder. Owner, or Driver shall make a Limousine available
for inspection when ordered bv the Administrator.
.�
(b) If a Holder, Owner, or Driver fails to make a Limousine
available for inspection or if the Administrator determines that a
Limousine is not in compliance with the Rules and Rec,iulations, the
', Administrator mav order the Limousine removed from service at the
!, Airport until it is made available for inspection and/or brought into
'�i compliance.
!, (c) If the Administrator determines that inspection of the �.�
, mechanical condition or safety ec��,uipment of a Limousine by an expert
', mechanic or technician is necessary, the Holder. Ownsr, or Driver shall ��
' pav the cost of the inspection.
(3) A Holder may have a reasonable number of reserve vehicles
inspected for use when a vehicle designated by Operating Authority is
out-of-service. The Administrator shall determine the number of
reserve vehicles that a Holder may have inspected when reserve vehicle
inspection is requested.
(4) The fee for each inspection of each vehicle of a Holder will
I be in accordance with the Dallas/Fort Worth International Airport
' Board Schedule of Charges, as amended.
(5) The Administrator shall designate the time and place for
annual inspection of vehicles operated under Operating Authority. If
the Administrator designates someone other than a city employee to
perform the inspection, the applicant or Holder shall bear the
reasonable cost of inspection.
(6) A Holder may contract for maintenance but shall be responsible
for maintaining or seeing that all vehicles operated under his
Operating Authority are maintained in safe operating condition.
.���,
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L7) If a vehicle is involved in an accident or collision durinQ the
term of the permit the Holder shall notifv the Administrator within 5
� � daYs after the accident Before operatinQ the vehicle aqain under �he
permit, the vehicle must be reinspected to insure that the vehicle has
been restored to its previous condition.
�:�
S81 The Holder/Owner shall immediately notify the Administrator of
any vehicle removed from service and shall be responsible for removinct
from the vehicle anY signs markinqs, or ectuipment that would
distinctuish the vehicle as a Limousine in a Limousine Servic�
includinQ but not limited to radios destination sicxns , headers,
decals and rate sheets.
� SECTION 7-2 . `IEHICLE EQIIIPMENT
(1) A Holder, �wner, or Driver of a Limousine shall provide and
maintain in good operating condition the following equipment for each
Limousine:
(a) a�- air conditioner system capable of cooling the
passenger compartment to 20 degrees below the outside temperature and a
heater;
(b) a fire extinguisher of at least one quart capacity
located within Driver's reach;
(c) a decal complying with Section 7-3 of the Rules and
�` " Regulations;
�,,�
jd) evidence of insurance;
(e) any other equipment reguired to complv with all
applicable Federal and State motor vehicle laws; and
�f) anv other s�ecial equipr�ent that the Administrator
determines to be necessary.
(2) All Limousines and all Limousine equipment must comply with
all applicable federal and state motor vehicle safety standards.
(3) This section does not apply to a Limousine Service with all
points of destination outside Dallas and Tarrant counties.
�4) The use of anv tyne of ineter or measuring device for the
calculation of rates is prohibited.
(51 All temporarv vehicles must have a fire extincruisher of at
least one quart capacity, located within the Driver's reach, a decal in
accordance with Section 7-3 of the Rules and Requlations, and anv other
standards as determined by the Administrator.
�
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SECTZOH 7-3. DECALB
��
(1) A Holder shall obtain from the Administrator a decal
indicating the Limousine's authoritv to operate at the Airport. The
decal must be attached to each Limousine in a manner and location ��
approved by the Administrator. The decal is the oroperty of the
Dallas/Fort Worth International Airport Board
(2) The Administrator may cause a decal to be removed from a
Linousine which at any time fails to meet the minimum standards for
appearance, condition, age, or equipment. The fee for reissuance of a
decal to a Limousine frbm which a decal has been removed by the
Administrator will be in accordance with the Dallas/Fort Worth
International Airport Board Schedule of Charges, as amended.
(3) A Person commits an offense if he:
(a) operates a Limousine at the Airport with an expired decal
or with no decal.�affixed to it, except for the sole purpose of
terminating a trip that lawfully originated outside the Airport;
(b) attaches a decal to a vehicle not authorized to operate
, as a Liaousine at the Airport;
' (c) parks a vehicle on a Limousine Holding Stand with an
, expired decal or with no decal affixed to it; or
��
(d) interferes with the Administrator in the removinQ of the
decal in accordance with Section 7-3 (2) of this article ��
{e) covers, conceals or attempts to cover or conceal the
decal .
SECTION 7-4 FALSE REPRESENTATION AS A LIMOIISZNE SERVICE
A Person commits an offense if he:
(1l retiresents that a vehicle is a Limousine in a Limousine Service
, if the vehicle is not in fact a Limousine in a Limousine Service
' authorized to ooerate at the Airport
(21 ooerates a vehicle at the airport that is not a Limousine in a
Limousine Service if the vehicle is marked Dainted advertised or
equlDped in a wav that ls likelv to result in mistakinQ the vehicle for
a Llmousine in a Limousine Service: or
_ f3) solicits or attempts to solicit nassengers unless he is
operatinc a Limousine in a Limousine Service that is authorized to
serve the Airnort.
�9�
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ARTZCLE DIII
�rv � ENFORCEMENT
SECTION 8-1. AIITHORITY TO ZN3PECT
� � The Administrator may inspect a Limousine Service operating at the
Airport to determine whether the vehicle/service complies with the
Rules and Regulations established for Limousine operation or other
applicable law. �
SECTION 8-2 . ASSISTANCE BY AIRPORT DEPARTMENT OF PIIBLIC SAFETY
(1) Upon specific request of the Administrator, officers of the
Airport's Department of Public Safety (DPS) may assist the
Administrator in the enforcement of the Rules and Regulations.
�2) A DPS officer upon observinQ a violation of this chanter or
the recxulations established bv the Administrator, may take necessary
enforcement action to insure effective regulations of Limousine
Services.
SECTION 8-3. CORRECTION ORDER
(1) If the Administrator determines that a Holder is in violation
of the terms of its Operating Authority, the Rules and Regulations, a
Lawful Order of the Administrator, or other law, the Administrator
shall notify the Holder in writing of the violation and by written
`� � order direct the Holder to correct the violation within a reasonable
period of time. In setting the time for correction, the Administrator
�,� shall consider the degree of danger to the public health or safety and
the nature of the violation. If the violation involves equipment that
is unsafe or functioning improperly, the Administrator may order the
Holder to immediately cease use of the equipment.
(2) If the Administrator determines that a violation is an
inuninent and serious threat to the public health or safety, the
Administrator may order the Holder to �correct the violation
immediately. If the Holder fails to comply, the Administrator shall
promptly take or cause to be taken any action he considers necessary to
the immediate enforcement of the order.
(3) The Administrator shall include in a notice issued under this
section:
(a) an identification of the violation;
(b) the date of issuance of the notice;
(c) the time period within which the violation must be
corrected;
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34
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(d) a warning that failure to comply with the order may
result in suspension or revocation of Operating Authority, imposition �F�
of a fine, or both; and
(e) a statement indicating that the order may be appealed to ��
the Executive Director of the Airport, or his designated
representative.
� BECTION 8-4. SERVZCE OF NOTZCE
(1) A Holder shall designate and maintain a representative to:
(a) receive service of notice required under the Rules and
Regulations to be given a Holder; and
(b) serve notice required under the Rules and Regulations to
be given a Driver employed by a Holder.
(2) Notice .�equired under the Rules and Regulations shall be qiven
in the following manner:
(a) A Holder must be Personally served with the notice by the
,, Administrator, or service mav be accomplished bv servinq Holder' s
'�, designated representative, or the Holder mav be served bvi 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; ��
(b) a Driver permitted under Article III must be personally
served by the Administrator or served by certified United States mail, `��
five-day return receipt requested, to the address, last known to the
Administrator, of the Person to be notified, or to the designated
representative for the Driver; or
(c) a Person other than a Driver licensed under Article ZII
or a Holder may be served in the manner prescribed by Subsection (2)
(b) of this section.
(3) Service executed in accordance with this section constitutes
notice to the Person to whom the notice is addressed. The date of
service for a notice that is mailed is the date of receipt.
SECTION 8-5. APPEALS
(1) If the Administrator denies issuance or renewal of Limousine
Operating Authority, suspends or revokes Limousine Operating Authority,
denies issuance or renewal of a Limousine Service Driver's Permit,
suspends a Limousine Service Driver's Permit under Section 3-12,
revokes a Limousine Service Driver's Permit, or issues a correction
order under Section 8-3, the action is final unless, within 10 days
from the date of receiving the written notice of the action, the �
affected applicant, Holder, or Driver files an appeal, in writing, with �
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the Executive Director of the Airport specifying the reasons for the
appeal .
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(2) The Executive Director of the Airport or his designated
representative shall act as the appeal hearing officer in an appeal
;�� hearing under this section. The hearing officer shall give the
appealing party an opportunity to present evidence and make argument in
his behalf. The formal rules of evidence do not apply to an appeal
hearing under this section, and the hearing officer shall make his
ruling on the basis of a preponderance of evidence presented at the
hearing.
(3) The hearing officer may affirm, modify, or reverse all or part
of the action or order of the Administrator being appealed. The
decision of the hearing officer is final unless the action appealed
from is a suspension, revocation or denial of a Person's license
Operatinq Authoritv or permit because of the Person' s prior Conviction
of a crime and the crime ' s relationshib to the license Operating
Authority or permit In that event the appealing party may seek
iudicial review�rof the action bv the hearinc� officer in the State
District Court pursuant to Texas Revised Civil Statues Annotated
Article 6252-13d.
SECTION 8-6. CRIMINAL OFFENSES
(1) A Person commits an offense if he violates or attempts to
violate a provision of the Rules and Regulations applicable to him. A
�'" culpable mental state is not required for the coaunission of an offense
under the Rules and Regulations unless the provision defining the
conduct expressly requires a culpable mental state. A separate offense
� `' is committed each time an offense occurs. An offense committed under
the Rules and Regulations is punishable by a fine not to exceed $500.
(2) Prosecution of an offense under Subsection (1) does not
prevent the use of other enforcement remedies or procedures applicable
to the Person charged with or the conduct involved in the offense.
SECTION 8-7. ADMINISTRATIVE FINES
(1) The Administrator or Executive Director of the Airport shall
have the authoritv to lew an administrative fine aqainst a Holder
Owner or Driver who violates any provision of the Rules and
R_ec�ulations , in lieu of anv suspension action�rovided by Section 2-7
and Section 3-12 of the Rules and Reuulations.
_ 12) The fines shall be in established in accordance with the
Dallas/Fort Worth International Airport Board Schedule of Charcres as
amended.
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(3) Delincruent or t�ast due fines shall be cause for the
Adminlstrator or Executive Director of the Airport to immediatelv
suspend anv permlt, Operatinct Authoritv or written authorization of ��'
anY Holder. Owner or Driver until such fines are paid in full or take
anv other leQal action deemed necessary to recover delinquen_t or past
due fines.
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