Survey of Laws and Regulations of Airport Commercial Ground Transportation (2008)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

71 KENTUCKY Statewide Regulations The State of Kentucky generally regulates motor vehicles operating within the state. Ky. Rev. Stat. Ann. § XVI.186-190 (LexisNexis 2007). For more information, visit the Kentucky Transportation Cabinet Web site at http://www.transportation.ky.gov/default2.html. Local Air Boards have the authority to regulate ground transportation on airport grounds. Ky. Rev. Stat. Ann. § 188.133 (LexisNexis 2007). Case History A transportation business brought suit alleging that the local airport authority attempted to regulate interstate prearranged bus service, even though federal law had expressly preempted that area. The District Court agreed with the transportation business and held that authority of local airport boards may be preempted by federal law. “Congress has preempted [airport authorities] from regulating the scheduling of any interstate or intrastate passenger transportation services operating over interstate routes, from regulating charter bus transportation, and from regulating prearranged ground transportation, if the motor vehicle meets the criteria of 49 U.S.C. § 14501(d)(1)(A)-(C) (2007).” Executive Transp. System, LLC v. Louisville Regional Airport Auth., No. 3:06CV-143-S, 2007 U.S. Dist. LEXIS 65241, at *9-10 (W.D. Ky. 2007). An airport board granted an exclusive taxicab concession. Other taxicab owners challenged the exclusive agreement and lost in the trial court. The owners then sought review of the judgment of the trial court, “which prohibited taxicab owners from transporting or attempting to transport passengers from an airport without first obtaining authority from the owner and operator of the airport.” The Appellate Court affirmed the judgment, finding that “the governing authority of an airport has the right and the power to grant an exclusive taxicab concession.” Dixie Taxi Service, Inc. v. Louisville & Jefferson County Air Bd., 465 S.W.2d 273 (Ky. 1971). Kentucky—Cincinnati/Northern Kentucky International Airport (CVG) Overview CVG is owned by the Kenton County Airport Board. The main source of commercial ground transportation regulation is the Kenton County Airport Board Rules and Regulations (Airport Code). CVG is a semi-closed system. Local Airport Regulations.—The Airport Code contains explicit operating rules regarding taxes and fees, license requirements, documentation, operating procedures, grievances, fines, and appeals. Certain information, such as the boundaries of authorized pickup zones, is available directly from the airport administration. Cited as: Airport Board Rules and Regulations § 01.05 (10) (x) (1998). Limousine Limousine owners and drivers must obtain permits before picking up passengers. Airport

72 Board Rules and Regulations § 01.05 (10) (b) (1998). All drivers must comply with the airport’s conduct and duty rules, loading and unloading procedures, and fee requirements. Id. Courtesy Vehicles Courtesy vehicles must obtain operating authority from the administrator. Airport Board Rules and Regulations § 01.05 (10) (f) (1998). All drivers must comply with the airport’s conduct and duty rules, loading and unloading procedures, and fee requirements. Id. Car Rentals All car rental operations must pay an annual fee to the airport authority. The fee will be either a percentage of the operator’s gross receipts or a flat annual fee, whichever is higher. Airport Board Rules and Regulations § 01.05 (10) (d) (1998). Suspensions and Appeals Prior to suspending or revoking a permit, the airport must give written notice to the permit holder. § 01.05 (10) (l) (1998). The code explains the administrative procedures for adjudicating violations. Id. Violations are heard by a director-appointed hearing officer, but only if the violator requests a hearing. Id. Taxicabs and the Airport Taxicab Association (ATA).—County Regulations Rental Cars Kenton County taxes car rentals within its jurisdiction at a rate of 3 percent of gross receipts. Kenton County Code ch. 112.02 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of CVG are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Covington is exempt. 49 U.S.C.S. § 13506 (2007). In addition, the FMCSA regulations describe a specific exempt zone around Cincinnati and Covington: The zone adjacent to and commercially a part of Cincinnati, Ohio, within which transportation by motor vehicle, in interstate or foreign commerce, not under a common control, management, or arrangement for a continuing carriage to or from a point beyond the zone is partially exempt from regulation under section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 203(b)(8)), includes and is composed of all points as follows: Addyston, Ohio. Cheviot, Ohio. Cincinnati, Ohio.

73 Cleves, Ohio. Elmwood Place, Ohio. Fairfax, Ohio. Mariemont, Ohio. North Bend, Ohio. Norwood, Ohio. St. Bernard, Ohio. Covington, Ky. Newport, Ky. Cold Spring, Ky. That part of Ohio bounded by a line commencing at the intersection of the Colerain-Springfield Township line and corporate limits of Cincinnati, Ohio, and extending along said township line in a northerly direction to its intersection with the Butler-Hamilton County line, thence in an easterly direction along said county line to its intersection with Ohio Highway 4, thence in a northerly direction along Ohio Highway 4 to its intersection with Seward Road, thence in a northerly direction along said road to its intersection with Port Union Road, thence east along Port Union Road to the Fairfield Township-Union Township line, thence northward along said township line to its intersection with the right-of-way of the Pennsylvania Railroad Co., thence southeasterly along the right-of-way of the Pennsylvania Railroad Co. to its intersection with Princeton-Glendale Road (Ohio Highway 747), thence southward along said road to its intersection with Mulhauser Road, thence in an easterly direction along said road to the terminus thereof west of the tracks of the Pennsylvania Railroad Co., thence continue in an easterly direction in a straight line to Allen Road, thence along the latter to the junction thereof with Cincinnati-Dayton road, thence in a southerly direction along Cincinnati-Dayton Road, to the Butler, Hamilton county line, thence along said county line to the Warren-Hamilton County line in an easterly direction to the Symmes- Sycamore Township line, thence in a southerly direction along the Symmes-Sycamore Township line to its intersection with the Columbia Township line, thence in a westerly direction along Sycamore-Columbia Township line to Madeira Township, thence in a clockwise direction around the boundary of Madeira Township to the Sycamore-Columbia Township line, thence in a westerly direction along said township line to Silverton Township, thence in a southerly direction along said corporate limits to junction with Redbank Road, thence in a southerly direction over Redbank Road to the Cincinnati Corporate limits. That part of Kenton County, Ky., lying on and north of a line commencing at the intersection of the Kenton-Boone County line and Dixie Highway (U.S. Highways 25 and 42), and extending over said highway to the corporate limits of Covington, Ky, including communities on the described line. That part of Campbell County, Ky., lying on and north of a line commencing at the southern corporate limits of Newport, Ky., and extending along Licking Pike (Kentucky Highway 9) to junction with Johns Hill Road, thence along Johns Hill Road to junction with Alexandria Pike (U.S. Highway 27), thence northward along Alexandria Pike to junction with River Road (Kentucky Highway 445), thence over the latter to the Ohio River, including communities on the described line. That part of Boone County, Ky., bounded by a line beginning at the Boone-Kenton County line west of Erlanger, Ky., and extending in a northwesterly direction along Donaldson Highway to its intersection with Zig-Zag Road, thence along Zig-Zag Road to its intersection with Kentucky Highway 18, thence along Kentucky Highway 18 to its intersection with Kentucky Highway 237, thence along Kentucky Highway 237 to its intersection with Kentucky Highway 20, and thence easterly along Kentucky Highway 20 to the Boone-Kenton County line. That part of Boone and Kenton Counties, Ky., bounded by a line commencing at the intersection of the Boone-Kenton County line and U.S. Highway 42, and extending in a southwesterly direction along U.S. Highway 42 to its junction with Gunpowder Road, thence southerly along Gunpowder Road to its junction with Sunnybrook Road, thence easterly along Sunnybrook Road to its junction with Interstate Highway 75, thence in a straight line in a northeasterly direction to Richardson Road, thence in an easterly direction over Richardson Road to its junction with Kentucky State

74 Route 1303, thence in a northerly direction over Kentucky State Route 1303 to the southern boundary of Edgewood, Kenton County, Ky. 49 C.F.R. 399 app. F (2007). Contact Information Administration (859) 767-3151 Parking (859) 767-3105 Police (859) 767-3123 Community Relations (859) 767-3144 Kentucky—Louisville International Airport—Standiford Field (SDF) Overview SDF is owned and operated by the Louisville Regional Airport Authority. The primary source of regulation is the Airport Authority Rules and Regulations. The Department of Airports is granted the authority to regulate the airport under Ky. Rev. Stat. Ann. § 188.133 (LexisNexis 2007). SDF is a semi-closed system. Local Louisville Regional Authority Rules and Regulations Cited as: Rules and Regs. ch. 700 § x (2007). Operator Standards Operators are generally required to maintain valid permits, keep certain documents, and hold sufficient insurance coverage. Rules and Regs. ch. 700 § B (1) (2007). Driver Standards Drivers may not solicit passengers, must maintain a suitable appearance, and must comply with general commercial conduct rules. Rules and Regs. ch. 700 § B (2) (2007). Taxicab drivers must have a Louisville Metro decal. Rules and Regs. ch. 700 § B (2)(b) (2007). Vehicle Rules Vehicles must meet minimum equipment standards as set forth by the State of Kentucky. Rules and Regs. ch. 700 § B (3) (2007). Vehicles are subject to random inspection by the authority. Id. Enforcement Penalties and fines are listed in Rules and Regs. ch. 700 § C (2007). Repeat violations may result in a suspension. Id. Permits Taxicab, shuttle, courtesy van, charter bus,

75 limousine, military transport vehicles, mass transit buses, inter-and intrastate buses, temporary transporters, and convention center transporters must have a permit. Rules and Regs. ch. 702–712 (2007). Fees Permit holders are charged fees based on their activities at the airport. Rules and Regs. ch. 702-712 (2007). Typically, an operator will need to pay an annual permit fee and either a per-trip fee or a monthly fee. Id. Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of SDF are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Louisville is exempt. 49 U.S.C.S. § 13506. In addition, FMCSA regulations define a special exempt area: The zone adjacent to and commercially a part of Louisville, Ky., within which transportation by motor vehicle, in interstate or foreign commerce, not under a common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond such zone, is partially exempt from regulation under section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) includes and is comprised of all points as follows: (a) The municipality of Louisville, Ky., itself; (b) All other municipalities and unincorporated areas within 5 miles of the corporate limits of Louisville, Ky., and all of any municipality any part of which lies within 5 miles of such corporate limits; and (c) Those points not within 5 miles of the corporate limits of Louisville, Ky., and within an area bounded by a line beginning at the junction of Kentucky Highway 146 (LaGrange Road) and Kentucky Highway 1447 (Westport Road), thence over Kentucky Highway 146 to the junction of Kentucky Highway 146 and Kentucky Highway 841 (Jefferson Freeway), thence over Kentucky Highway 841 to the junction of Kentucky Highway 841 and Kentucky Highway 1447, thence over Kentucky Highway 1447 to junction Kentucky Highway 1447 and Kentucky Highway 146, the point of beginning, all within Jefferson County, Ky. 49 C.F.R. 399 app. F (2007). Contact Information Louisville Regional Airport Authority (502) 368-6524