Code of Massachusetts Regulations
740 CMR - MASSACHUSETTS PORT AUTHORITY
Title 740 CMR 23.00 - Commercial Ground Transportation Services At Boston-logan International Airport
Section 23.03 - All Commercial Ground Transportation Service Vehicles, Operators and Drivers
Universal Citation: 740 MA Code of Regs 740.23
Current through Register 1531, September 27, 2024
(1) Approval to Operate.
(a) Each Operator shall, at his own expense
and prior to engaging in Commercial Ground Transportation Services, obtain from
federal, state, municipal or other governmental authorities as may have
jurisdiction, all licenses, permits, consents, approvals, and other
authorizations, which are necessary for conducting Commercial Ground
Transportation Service to, at, within or from Logan Airport. The licenses,
permits, consents, approvals and authorizations shall be in the possession of
the Driver of the aforesaid Vehicles or in the Vehicles in some easily
accessible place; and evidence thereof shall be placed on file with the
Authority, or at such other place that the Authority may designate or
require.
(b) Except as provided in
740 CMR 23.04,
740 CMR
23.05(1)(b),
740 CMR 23.08(1)(b)
and
740 CMR
23.09(1)(b), no Operator or
Driver shall engage in Commercial Ground Transportation Services except as
authorized pursuant to a current and valid Operating Agreement.
(c) Upon execution of the Operating
Agreement, each Operator shall obtain, from the Authority, a Vehicle Permit and
other Vehicle identification, as determined by the Authority, for each
Commercial Ground Transportation Service Vehicle covered by the Operating
Agreement. No Operator shall transfer the Vehicle Permit or other Vehicle
identification from one Commercial Ground Transportation Service Vehicle to
another. Each Operator shall affix the Vehicle Permit and other Vehicle
identification, as determined by the Authority, to each Commercial Ground
Transportation Service Vehicle, so that it is clearly visible from the exterior
for examination by a Police Officer or authorized representative of the
Authority.
(d) No Operator or
Driver shall operate, or have operated a Commercial Ground Transportation
Service Vehicle without paying the charges, fees or Base Rates, as established
by the Authority in its sole discretion, for all Commercial Ground
Transportation Service Vehicles, except as provided in
740 CMR 23.08(1)(b)
and
740 CMR
23.09(1)(b). The Base Rate
payable for each Trip by a Commercial Ground Transportation Service Vehicle
that is an Alternative Fuel Vehicle may be reduced by such percentage as the
Authority shall determine from time-to-time.
(e) The Authority shall notify the public of
all charges, fees or Base Rates adopted by the Authority for conducting
Commercial Ground Transportation Services, at least 30 days prior to the
implementation of such charges, fees or Base Rates, by:
1. publishing a notice of such charges, fees
or Base Rates once a week for three consecutive weeks in no fewer than two
newspapers having state-wide circulation in the State of
Massachusetts;
2. delivering or
mailing a copy of the notice of such charges, fees or Base Rates to the last
known address of each Operator known to the Authority;
3. delivering or mailing a copy of such
notice to the last known address of any person or group who has filed a written
request with the Authority for notice of Authority rule making hearings, such
request to be renewed annually in December; and
4. filing a copy of the notice of such
charges, fees or Base Rates with the Office of the Secretary of
State.
(2) General Operation Requirements.
(a) Each Commercial Ground Transportation
Service Vehicle must display, on its exterior in plain view, the name or trade
name of the proper owner of the Vehicle as required by local, state or federal
regulations and
740 CMR 23.00et
seq.
(b) No Driver shall
exceed posted or reasonable speeds when proceeding to the designated Commercial
Vehicle Stands, Boston Taxicab Pool Area, or Long Term Waiting Areas. No Driver
shall park in such a manner as to interfere with Vehicle or pedestrian traffic
at any location on Logan Airport.
(c) While in positionin a designated
Commercial Vehicle Stand, no Driver shall enter or occupy any other Commercial
Ground Transportation Service Vehicle.
(d) No Operator or Driver shall refuse to
carry any person requesting service as a passenger unless such person is
disorderly or presents a clear danger to public safety.
(e) No Operator or Driver shall refuse
service or discriminate in the provision of service to any passenger or
prospective passenger on the basis of race, color, religion, sex, ancestry,
national origin, age, sexual orientation, or disability. Each Operator and each
Driver, where applicable, shall comply with the nondiscrimination
transportation provisions of Title II and Title III of the Americans with
Disabilities Act of 1990.
42
U.S.C. §§
12141,
12181.
(f) No Operator or Driver shall refuse
service or discriminate in the provision of service to any passenger or
prospective passenger on the basis of destination except as provided in
740 CMR
23.05(2)(d),
740 CMR 23.06(2)(c) and
(d),
740 CMR 23.07(2)(c) and
(d). However, if an Operator or Driver is
providing a scheduled service in accordance with a schedule filed with the
Authority, he may accept passengers for destinations in accordance with his
schedule.
(g) After delivering
passengers, and before leaving Logan Airport, each Driver shall search his
Commercial Ground Transportation Service Vehicle for any items which may have
been left there in and immediately take any items found to the office of the
Massachusetts State Police at Logan Airport.
(h) Each Operator shall keep records of all
Trips made by its Commercial Ground Transportation Service Vehicles to, at,
within or from Logan Airport for a period of one year. If a longer period is
required by local, state or federal authorities, each Operator shall maintain
the records in accordance with those regulations. Each Operator shall make the
records available to the Authority upon its written request.
(i) While operating a Commercial Ground
Transportation Service Vehicle, each Driver shall be suitably dressed, neat and
clean in appearance, shall conduct himself in an orderly manner and shall, at
all times, abide by the laws of Massachusetts with respect to driving under the
influence of alcohol or other controlled substances.
(j) Each Driver shall have in his possession,
at all times, while operating a Commercial Ground Transportation Service
Vehicle, a copy of
740 CMR 23.00et
seq., which he shall provide to a passenger upon request. Copies of
740 CMR 23.00et
seq., will be available at the Authority's office of the Ground
Transportation Unit.
(k) Except in
an emergency, or as permitted by a Police Officer or an authorized
representative of the Authority, or on leased premises where the lease
agreement specifically provides for automobile repair, no Operator or Driver
shall repair, cause or permit any other person to repair his Commercial Ground
Transportation Service Vehicle while within the boundaries of Logan
Airport.
(l) No Operator or Driver
shall give or offer a Ground Transportation Manager, Ground Transportation
Agent, Hackney Officer, or Police Officer a tip or other gratuity; and no
Ground Transportation Manager, Ground Transportation Agent, Hackney Officer, or
Police Officer shall solicit or receive a tip or gratuity from anyone in
connection with Commercial Ground Transportation Services at Logan Airport. Any
Operator, Driver, Ground Transportation Manager, Ground Transportation Agent,
Hackney Officer, or Police Officer who violates this provision shall be subject
to immediate discipline by the Authority.
(m) Each Operator and each employee, agent,
invitee or person doing business with the Operator shall conduct himself in an
orderly, proper manner at all times, so as not to annoy, disturb or offend
others at Logan Airport. No person shall place, throw, or drop waste, rubbish,
or refuse upon the grounds or roadways of Logan Airport.
(n) Each Commercial Ground Transportation
Service Vehicle must be in good mechanical condition, clean, neat in
appearance, sanitary and suitable for the occupancy and safety of passengers
and Drivers. The vehicles must be properly equipped, insured and outfitted with
all safety devices as required by federal, state or municipal laws or
regulations, including
740 CMR 23.00et
seq.
(o) No Operator,
employee or agent, of the Operator, shall solicit, by words, gestures or
otherwise, or attempt to solicit, persuade or urge any person at Logan Airport
to use or hire any Commercial Ground Transportation Service Vehicle without the
prior approval of the Authority.
(p) Each Operator and each Driver shall
charge only such passenger rates as are authorized by law and shall post the
rates in a conspicuous place within the Commercial Ground Transportation
Service Vehicle or, shall post, in a conspicuous place, a statement which
indicates that the rate schedule is available to the passenger from the
Operator or Driver upon demand.
(q)
Only a person designated and authorized by the Authority shall act at any time
to direct the operation and movement of Commercial Ground Transportation
Service Vehicles at Logan Airport or other areas designated by the
Authority.
(r) No Operator or
Driver shall install or have installed in or on any structure at Logan Airport,
any private or public telephone booth or other communication device for any
purpose without the prior written permission of the Authority.
(s) A Police Officer, Hackney Officer, or any
other authorized representative of the Authority shall, in accordance with
applicable law, have the right, at any time a Commercial Ground Transportation
Service Vehicle is on Logan Airport, to make a reasonable inspection of the
Vehicle and Driver to insure compliance with
740 CMR 23.00et
seq.
(t) Upon entering
Logan Airport without passengers, baggage or parcels, or after discharging
passengers, baggage or parcels at Logan Airport, each Driver of a Commercial
Ground Transportation Service Vehicle shall proceed, at once by the most direct
route, to the Long Term Waiting Area or the designated Commercial Vehicle
Stand, or immediately leave Logan Airport.
(u) Each Driver of a Commercial Ground
Transportation Service Vehicle which occupies a position on the designated
Commercial Vehicle Stand shall, at all times until engaged for hire, remain in
the front seat or at the wheel of his Vehicle, except as set forth in
740 CMR
23.06(2)(b), and shall
permit no person or animal, other than a passenger for hire, to sit in or
occupy any part of his Vehicle. However, a Driver may leave his Vehicle in an
emergency or with the consent of a Ground Transportation Agent, an authorized
Police Officer or representative of the Authority. When engaged for hire, the
Driver may leave his Vehicle to assist in loading passengers and baggage into
his Vehicle. No Driver shall enter the terminal buildings without the
permission of the Authority. The Authority encourages all Vehicles to be
non-smoking, and permits Operators and Drivers to post signs inside the Vehicle
to prevent passenger smoking.
(v)
No Driver shall smoke in a Commercial Ground Transportation Service Vehicle, or
outside such Vehicle, while in the presence of passengers.
(w) Each Commercial Ground Transportation
Service Vehicle, except for delivery vehicles, shall:
1. have working air conditioning during the
summer months;
2. have a clean
luggage compartment, available for luggage, that is free of grease and litter
and is empty of any and all equipment except for a spare tire and jack;
and
3. when required by law to be
manufactured with seat belts, have such seat belts in working order for all
occupants.
(x) Each
Commercial Ground Transportation Service Vehicle which is not dispatched to a
passenger terminal at Logan Airport by the Authority or one of its designees
shall be subject to a Dwell Time Fee as determined by the Authority from
time-to-time. Each Driver and each Operator of a Contract Courtesy Vehicle
shall pay a charge for Dwell Time only, not withstanding the provisions of
740 CMR
23.08(1)(b). Each Driver and
each Operator of a Service Delivery Vehicle shall pay a charge for Dwell Time
only, not withstanding the provisions of
740 CMR
23.09(1)(b). The Dwell Time
Fee which Contract Courtesy Vehicles and Service Delivery Vehicles shall be
subject to will ensure more efficient curb management and traffic control at
Logan Airport and is not a surcharge, fee, or Base Rate for conducting
Commercial Ground Transportation Services. The Authority may establish a Dwell
Time Fee upon implementation of AVI and shall provide at least 60 days advance
notice after it has adopted a fee for Dwell Time. The Authority shall comply
with the provisions of 740 CMR 23.03(1)(e) to provide notice to each Driver and
Operator. A Dwell Time Fee shall be adopted by the Authority without the
holding of public hearings.
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