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

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161 WISCONSIN Statewide Regulations The State of Wisconsin generally regulates motor vehicles operating within the state. Wis. Stat. §§ 341-351 (2006). For more information, visit the Wisconsin DOT Web site at http://www.dot.wisconsin.gov. Case History Taxicabs operated without permits while providing prearranged service at General Mitchell International Airport. The County of Milwaukee moved to prevent the taxicabs that had no permits from providing their services. The court held that although a local government may regulate transportation at an airport, it may not do so in a way that conflicts with state law. The court ruled to permit the taxicab operations, finding that “precluding taxis without airport permits from providing prearranged services conflicts with Wis. Stat. § 114.14(3)(b)1 and is an invalid exercise of the county's authority.” County of Milwaukee v. Williams, 301 Wis. 2d 134, 158, 732 N.W.2d 770, 782 (2007). Wisconsin—General Mitchell International Airport (MKE) Overview MKE is owned and operated by the County of Milwaukee. The primary source of regulation is the Milwaukee County Code. MKE is a semi-closed system. Local Milwaukee County Code Cited as: County Code § x.x (2007). Fees Taxicab operators shall pay to the county a fee of $1.00 for each cab leaving the airport with one or more passengers, as designated by the airport director. County Code § 4.05(3)(b)(6) (2007). Records and Permits An operator of a taxicab shall not do business at the airport unless it has been licensed as owner or operator of a taxicab business by any city, village, or town consistent with Wis. Stats. § 349.24. County Code § 4.05(3)(b)(1) (2007). In addition to the vehicle permit, each driver of a taxicab shall possess a valid airport driver's permit issued by the airport director. County Code § 4.05(3)(b)(4) (2007).

162 Taxicab operators must carry a minimum amount of liability insurance in order to operate on airport grounds. County Code § 4.05(3)(c)(1) (2007). Vehicle Operations All commercial vehicles operating on airport grounds must adhere to all local, state, and federal laws regarding motor vehicle operation. County Code § 4.04(1) (2007). Taxicabs shall meet all safety standards required by law and be kept in good operating condition and appearance. County Code § 4.05(e)(1) (2007). No person shall park or leave standing any vehicles, whether occupied or not, on the premises of General Mitchell International Airport, except within designated parking areas and then only in accordance with the regulations governing the use of said areas. County Code § 4.04(3)(a) (2007). Driver Rules Drivers shall be neatly groomed and act professionally in accordance with the code. County Code § 4.05(3)(f) (2007). Limousine/Shuttle Service The county board will authorize, based on a bidding process, one or more companies to provide in-county shuttle service to the airport. County Code § 4.05(4) (2007). Out-of-county shuttle service operators must obtain a permit and be properly insured in order to operate at the airport. County Code § 4.05(5) (2007). Limousine operators must be licensed and insured and obtain a permit in order to operate on airport grounds. County Code § 4.05(6)(b) (2007). Suspensions and Appeals Any owner, operator, or driver of a taxicab who fails to comply with the code may forfeit the right to operate at the airport. County Code § 4.05(3)(h) (2007). The airport director must notify the operator in writing, and the operator then has 72 hours to request a hearing to appeal the decision. Id. Off-Airport Car Rental and Parking Rules Fees Off-airport car rental companies operating a courtesy vehicle on airport grounds must pay a privilege fee to be in the amount of 6 1/2 percent of the off-airport rental car companies' gross

163 receipts. County Code § 4.33(1)(d) (2007). Violations Courtesy vehicles are expressly prohibited from transporting customers for any reason other than to take them to off-airport facilities for the sole purpose of entering into a car rental agreement. County Code § 4.33(1) (2007). The off-airport rental car companies shall operate on the airport in a safe and orderly fashion and shall not allow their agents, servants, or employees to solicit business on the airport. Id. Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of MKE are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Milwaukee is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (414) 747-5300 info@mitchellairport.com