Current through Register 1531, September 27, 2024
(1)740 CMR 23.00et
seq. shall delete and replace 740 CMR 21.53 and
740 CMR
21.99(3)(a).
(2) For failure to comply with
740 CMR 23.00et
seq., an Operator or a Driver shall be punished for each violation
listed below either by a warning, a fine not to exceed $50.00 or Suspension
from Logan Airport:
CODE NO. |
VIOLATION |
FINE |
1. |
Operating or standing without an Operating Agreement |
$50.00 |
2. |
Operating or standing without a hackney license |
Suspension |
3. |
Failing to report to the designated Commercial Vehicle
Stand |
$25.00 |
4. |
Failure to report to designated pool |
$25.00 |
5. |
Standing outside of Vehicle without authorization |
$25.00 |
6. |
Standing outside of Vehicle and in terminal without
authorization |
$25.00 |
7. |
Picking up passenger without authorization |
$25.00 |
8. |
Refusing to pick up designated passenger without
authorization |
$50.00 |
9. |
Operating or standing with unauthorized passenger in
Vehicle |
$50.00 |
10. |
Unauthorized soliciting |
$50.00 |
11. |
Offering gratuities |
Suspension |
12. |
Operating or standing without trade name/ medallion
visible on Vehicle |
Suspension |
13. |
Operating or standing without proper dress |
Suspension |
14. |
Operating or standing without proper equipment |
Suspension |
15. |
Operating or standing without a Vehicle Permit |
$25.00 |
16. |
Overcharging |
Suspension |
17. |
Other |
$25.00 |
(3)
Persons who are subject to warnings, fines, Suspensions and
penalties. Any Operator or Driver maybe fined, suspended or warned
that he maybe fined or suspended for violating one or more of the provisions of
740CMR 23.00et seq.
(4)
Persons authorized to warn,
fine or suspend Commercial Ground Transportation Service Operators and
Drivers.
(a) Only a Police
Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation
Agent, the Executive Director or his designee may warn, fine or suspend an
Operator or Driver for violating a provision of
740 CMR 23.00et
seq., upon determination that the Operator or Driver has violated one
or more of the provisions of
740 CMR 23.00et
seq.
(b) The Authority may
determine, at its sole discretion, that Ground Transportation Agents may only
issue warnings to Drivers of Boston Taxicabs or Suburban Taxicabs With A
Medallion Or Taxicab License Plate for violating one or more of the provisions
of
740 CMR 23.00et
seq.
(5)
Warnings.
(a) If a
Police Officer, Hackney Officer, Ground Transportation Manager, Ground
Transportation Agent, the Executive Director or his designee warns an Operator
or Driver that he has violated one or more of the provisions of
740 CMR 23.00et
seq., the Police Officer, Hackney Officer, Ground Transportation
Manager, Ground Transportation Agent, the Executive Director or his designee
shall notify the Operator or Driver, in writing, that he has been warned for
violating one or more of the provisions of 740 CMR
23.00
et seq. Where the Driver is an agent,
employee or representative of an Operator, the Ground Transportation Unit shall
also notify the Operator of the violation
(b) The written notice shall be in the form
of a Commercial Ground Transportation Service Violation Notice as designated by
the Ground Transportation Unit. The notice shall inform the Operator or Driver
of the time, place, date and nature of the violation and inform him of the fine
associated with the violation. The notice shall also inform him of his right to
an administrative hearing to dispute the warning and his obligation to request
such a hearing before the Executive Director or his designee within 30 days of
the date of the warning.
(c) Upon
determining that an Operator or Driver had received a warning and has requested
an administrative hearing to dispute the warning, the Ground Transportation
Unit shall schedule a hearing to determine whether the Executive Director or
his designee shall either affirm or dismiss the warning. If the Ground
Transportation Unit schedules a hearing for the Operator or Driver, the Ground
Transportation Unit shall give the Operator or Driver written notice of the
time, date, place and purpose of the hearing within a reasonable time before
the date of the hearing. If the Operator or Driver receives written notice of
the time, date, place and purpose of the hearing and he fails to attend the
hearing, such failure may constitute a waiver of the right of the Operator or
Driver to dispute the warning. At the conclusion of the hearing, the Executive
Director or his designee shall provide the Operator or Driver and the
appropriate representative of the Ground Transportation Unit with written
notice of the decision.
(6)
Fines.
(a) Any Operator or Driver who is fined for
violating one or more of the provisions of
740 CMR 23.00et
seq. shall pay the fine or request a hearing to dispute the fine
within 30 days of the date the fine was issued. If an Operator or Driver fails
to pay or dispute a fine within 30 days of date the fine was issued, the fine
shall automatically increase by a $5.00 penalty.
(b) If an operator or Driver fails to pay the
fine within 45 days of the date the fine was issued or fails to request a
hearing to dispute a fine within 30 days of the date of the fine, the fine
shall automatically increase by a $15.00 penalty.
(c) If a Police Officer, Hackney Officer,
Ground Transportation Manager, Ground Transportation Agent, the Executive
Director or his designee fines an Operator or Driver for violating one or more
of the provisions of
740 CMR 23.00et
seq., the Police Officer, Hackney Officer, Ground Transportation
Manager, Ground Transportation Agent, the Executive Director or his designee
shall notify the Operator or Driver, in writing, that he has been fined for
violating one or more of the provisions of
740 CMR 23.00et
seq. Where the Driver is an agent, employee or representative of an
Operator, the Ground Transportation Unit shall also notify the Operator of the
violation.
(d) The written notice
shall be in the form of a Commercial Ground Transportation Service Violation
Notice as designated by the Ground Transportation Unit. The notice shall inform
the Driver or Operator of the time, place, and date and nature of the
violation; inform him of his right to pay the fine within 30 days of the date
of the fine; inform him of the instructions for the return of the violation;
inform him of his right to an administrative hearing to dispute the violation
and his obligation to request such a hearing within 30 days of the date of the
fine. The notice shall also inform the Operator or Driver that his failure to
pay the fine or request a hearing within the designated time period, will
subject him to penalties, pursuant to 740 CMR 23.99et seq.,
and may constitute a waiver of his right to contest the fine.
(e) If, within 30 days of the date the fine
was issued, the Operator or Driver requests a hearing pursuant to 740 CMR
23.99(6)(a), the Ground Transportation Unit shall schedule a hearing to
determine whether the Executive Director or his designee shall either affirm or
dismiss the fine. If the Ground Transportation Unit schedules a hearing for the
Operator or Driver, the Ground Transportation Unit shall give the Operator or
Driver written notice of the time, date, place and purpose of the hearing
within a reasonable time before the date of the hearing. If the Operator or
Driver receives written notice of the time, date, place and purpose of the
hearing and he fails to attend the hearing, such failure may constitute a
waiver of the right of the Operator or Driver to dispute the fine. At the
conclusion of the hearing, the Executive Director or his designee shall provide
the Operator or Driver and the appropriate representative of the Ground
Transportation Unit with written notice of the decision.
(7)
Temporary
Suspensions.
(a) Any Operator or
Driver who is temporarily suspended, prior to an administrative hearing, for
violating one or more of the provisions of 740 CMR
23.00
et seq., shall immediately be precluded
from picking up passengers at Logan Airport for a period (not to exceed 24
hours from the date of the violation) designated by the Police Officer, Hackney
Officer, Ground Transportation Manager, Ground Transportation Agent, the
Executive Director or his designee who suspended the Operator or
Driver.
(b) If a Police Officer,
Hackney Officer, Ground Transportation Manager, Ground Transportation Agent,
the Executive Director or his designee temporarily suspends an Operator or
Driver for violating one or more of the provisions of
740 CMR 23.00et
seq., the Police Officer, Hackney Officer, Ground Transportation
Manager, Ground Transportation Agent, the Executive Director or his designee
shall notify the Operator or Driver, in writing, that he has been suspended for
violating a provision of
740 CMR 23.00et
seq. Where the Driver is an agent, employee or representative of an
Operator, the Ground Transportation Unit shall also notify the Operator of the
violation.
(c) The written notice
shall be in the form of a Commercial Ground Transportation Service Violation
Notice as designated by the Ground Transportation Unit. The notice shall inform
the Operator or Driver of the time, place, date and nature of the violation;
and inform him of his right to a hearing before the Executive Director or his
designee to dispute the temporary Suspension.
(d) Any Operator or Driver who is temporarily
suspended pursuant, to 740 CMR 23.99(7)(a), for violating one or more of the
provisions of
740 CMR 23.00et
seq., shall have the right to an administrative hearing before the
Executive Director or his designee to dispute the temporary Suspension. To
dispute a temporary Suspension, an Operator or Driver shall request an
administrative hearing no earlier than the next business day following the date
of the temporary Suspension. The Executive Director or his designee shall
schedule a hearing for the next business day following its receipt of the
request for a hearing by the Operator or the Driver.
(e) If the Executive Director or his designee
schedules a hearing pursuant to 740 CMR 23.99(7)(d), the Executive Director or
his designee shall schedule the hearing for a time mutually convenient for the
Operator or Driver and the appropriate Ground Transportation Unit
representative and give both parties written notice of the time, date, place
and purpose of the hearing as soon as practicable. If the Operator or Driver
receives written notice of the date, time, place and purpose of the hearing
scheduled pursuant to 740 CMR 23.99(7)(d) and he fails to attend the hearing,
such failure may constitute a waiver of the right of the Operator or Driver to
dispute the temporary Suspension. At the conclusion of the hearing, the
Executive Director or his designee shall provide the Operator or Driver and the
appropriate representative of the Ground Transportation Unit with written
notice of the decision. At the conclusion of the hearing, the Executive
Director or his designee shall provide the Operator or the Driver and the
appropriate representative of the Ground Transportation Unit with written
notice of the decision which may include further suspension for a period
not-to-exceed 60 calendar days.
(8)
Penalty for Multiple
Violations or Multiple Warnings.
(a) An Operator or Driver will be deemed to
have received multiple violations or multiple warnings if:
1. the Operator or Driver makes 1-499 Trips
onto Logan Airport per month, and receives five violations or warnings within a
12-month period (beginning January 1st);
2. the Operator or Driver makes 500-999 Trips
onto Logan Airport per month, and receives ten violations or warnings within a
12-month period (beginning January 1st);
3. the Operator or Driver makes at least 1000
Trips onto Logan Airport per month, and receives 20 violations or warnings
within a 12-month period (beginning January 1st).
(b) Upon determining that an Operator or
Driver has committed multiple violations or has received multiple warnings
within a 12 month period (beginning January 1st of each year), the Ground
Transportation Unit may request, in writing, that the Executive Director or his
designee schedule a hearing to determine whether the Executive Director or his
designee shall suspend the Operator or Driver for a period not-to-exceed 60
calendar days, or shall issue a fine not- to- exceed $500.00. The request for
Suspension shall be in the form of a "request for Suspension for multiple
violations" as designated by the Ground Transportation Unit. The request shall
state the date of the request; the name of the Operator or Driver who is the
subject of the request; and the reason for the request for Suspension. The
request shall also indicate that the Ground Transportation Unit send a copy of
the request, certified mail, to the subject Operator or Driver.
(c) Within a reasonable time after receipt of
the request, the Executive Director or his designee shall schedule a hearing to
determine whether the Operator or Driver shall be suspended or fined for
multiple violations or multiple warnings. The Executive Director or his
designee shall notify the Operator or Driver and the Ground Transportation
Unit, in writing, of the reason for the request for Suspension for multiple
violations and the date, time and place for the hearing within a reasonable
time before the date of the hearing. If the Operator or Driver receives written
notice of the date, time, place and purpose of the hearing and fails to attend
the hearing, such failure may constitute a waiver of the right of the Operator
or Driver to contest the decision. At the conclusion of the hearing, the
Executive Director or his designee shall provide the Operator or Driver and the
appropriate representative of the Ground Transportation Unit with written
notice of the decision.
(9)
Termination or Suspension
Pursuant to Operating Agreement. In addition to the procedures set
forth in 740 CMR 23.99et seq., the Authority may suspend an
Operator or terminate an Operator's Operating Agreement pursuant to the terms
and conditions set forth in the Operating Agreement.
(10)
Hearings. All
hearings shall be conducted pursuant to procedures established by the Authority
and in accordance with M.G.L. c. 30A.