Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Solicitation.
(1) No commercial
ground transportation operator or driver shall:
(i) permit any of its vehicles to cruise the
airport roadways for the purpose of advertising its services or soliciting
fares or passengers;
(ii) approach
or permit any employee or agent to approach any person or persons, whether
inside or outside of the airport's terminal buildings, for the purpose of
soliciting fares or passengers; or
(iii) occupy any loading zone or curbside
space for the purpose of soliciting fares or passengers. Solicitation of
passengers or fares on any portion of the airport shall be
prohibited.
(2) No person
employed by any organization to perform skycap and/or passenger check-in
services at Syracuse Hancock International Airport shall accept payment of any
kind in exchange for referral of a customer to a commercial ground
transportation operator, or otherwise solicit business on behalf of a ground
transportation operator; provided, however, that this rule shall not be
construed to prevent a skycap from receiving tips for the performance of
his/her own service.
(b)
Commercial ground transportation vehicles.
(1) All vehicles used by commercial ground
transportation operators and/or drivers at the airport shall comply with the
airport, local, State and Federal motor vehicle codes ordinances, regulations,
statutes, standards and/or directives with respect to inspection, safety and
operation of vehicles.
(2) The
exterior of all commercial ground transportation vehicles shall be maintained
in a clean, undamaged and otherwise intact manner, and present a favorable
appearance.
(3) The interior of all
commercial ground transportation vehicles, including the trunk, shall be
maintained in a clean condition so as to be free of trash, odors, dirt and
grease. Interior seat fabric must not be ripped. Trunks shall be kept
adequately clean and empty to accommodate passenger baggage.
(4) All commercial ground transportation
vehicles shall be maintained in a mechanically safe condition and be subject to
inspection under the New York Motor Vehicle Code, the Department of Homeland
Security, all other local, State and Federal laws and these rules and
regulations. Any airport law enforcement personnel, any Federal, State or local
law enforcement officer, any airport official, and all agents appointed by the
SRAA who display proper identification shall have the authority to inspect
vehicles. Vehicles which fail inspection shall not be used to provide ground
transportation services on the airport until all noted deficiencies are
corrected. Passage of an airport vehicle inspection shall not be deemed to
constitute any representation or warranty of a vehicle's safety or suitability
for any purpose whatsoever.
(c)
Commercial ground transportation
drivers.
(1) Drivers of commercial
ground transportation vehicles shall strictly comply with these rules and
regulations.
(2) Drivers of
commercial ground transportation vehicles shall obey the lawful orders and
directions of all airport law enforcement personnel, any State or local law
enforcement officer, all airport officials, and all agents appointed by the
SRAA who display proper identification.
(3) Each of a commercial ground transportation operator's
employees who is required to be licensed to operate any vehicle or to perform
any service at the airport shall be duly licensed and authorized in accordance
with all applicable local, State or Federal laws, codes, regulations, statutes
and/or ordinances. Drivers who do not possess a valid driver's license or any
other applicable operating requirements will not be permitted to operate at the
airport.
(4) Every driver of a
commercial ground transportation vehicle shall be:
(i) required to have knowledge and
understanding of the airport rules and regulations;
(ii) knowledgeable of local geography and/or
able to use maps, GPS or other similar resources necessary to efficiently
transport passengers to desired locations within Onondaga County and other
local communities served by the airport;
(iii) able to communicate with
passengers;
(iv) courteous to the
public at all times. A ground transportation driver shall not use profane
language, make a threat of violence or physical harm, or act in a loud and
boisterous or otherwise improper manner. Obscene gestures, or language, threats
of physical harm, fighting, gambling, public intoxication, lewd or otherwise
improper public behavior, or the use of illegal substances on airport premises
are expressly prohibited;
(v)
cooperative and communicative with airport personnel. A driver shall not be
verbally abusive toward any airport representative or another ground
transportation representative.
(5) No driver:
(i) representative, employee, or agent of an
operator shall conduct any business on the airport other than that expressly
described in these rules and regulations, and in any applicable ground
transportation license;
(ii) shall
transport passengers in an unsafe manner;
(iii) representative, employee, agent or
operator shall sell, promote or otherwise provide any items or services other
than ground transportation to its passengers or any other persons upon the
airport premises.
(6)
Drivers of commercial ground transportation vehicles shall remain in (or with)
their vehicles and shall not park or leave a vehicle unattended at any curb,
unless otherwise authorized by these rules and regulations. Unattended vehicles
may be cited and removed. If drivers must park or leave their vehicles
unattended, they shall park in the public parking lot or garage subject to the
posted rates.
(7) A commercial
ground transportation driver, representative, employee, agent or operator shall
not deceive or attempt to deceive the public through false or misleading
representations concerning its prices or services or those of other commercial
ground transportation service operators.
(8) All drivers of commercial ground
transportation vehicles, with the exception of courtesy vehicles and TNC's,
shall have passenger receipts in all their vehicles which are imprinted with
the company's name, address, and telephone number. The receipt shall provide
space for the driver's name, date and time of service and the fare charged.
Electronic receipts are acceptable. Each customer shall be offered a receipt
following payment by that customer.
(9) All commercial ground transportation
service operators shall post the types of credit cards accepted as payment for
their services.
(10) No commercial
ground transportation driver or driver's agent shall provide luggage assistance
to anyone other than their commercial ground transportation
customers.
(11) Commercial ground
transportation operators and commercial ground transportation drivers shall not
place, throw or drop waste, rubbish or refuse anywhere on airport property
except in waste receptacles. No automotive parts or fluids are to be deposited,
abandoned, leaked or otherwise left on airport property.
(12) Commercial ground transportation
operators and commercial ground transportation drivers shall not perform any
maintenance or repairs to their vehicles on airport property, except in an
emergency to make the vehicle immediately operable. Commercial ground
transportation operators and/or drivers shall pay or reimburse the SRAA upon
demand for any cleanup costs incurred by the SRAA, caused by or relating to the
commercial ground transportation operator's or driver's conduct or
omission.
(13) Commercial ground
transportation operators and drivers shall not offer or give tips, gratuities
or payments of any kind to employees or agents of the SRAA, City of Syracuse,
airlines or any other business entity operating at the airport.
(14) Commercial ground transportation
operators and drivers shall not interfere with airport operations or
activities, nor shall commercial ground transportation operators and drivers
interfere with SRAA, City of Syracuse, or airline employees or agents in the
performance of their duties.
(15)
Commercial ground transportation operators and drivers shall only pick up
passengers in locations specifically designated for such purposes by the
SRAA.
(d)
Use of
airport premises.
(1) All commercial
ground transportation vehicles operated on airport premises must comply, at all
times, with traffic signs, signals, pavement markings and other physical,
electrical and mechanical traffic control devices placed and maintained by the
SRAA unless directed otherwise by authorized personnel. Designated loading and
unloading areas are subject to change from time to time, as necessary in the
judgment of the SRAA to advance the safety, security and/or convenience of
airport operations. All pick-ups and drop-offs must be made in a designated
loading/unloading zone. Traffic control restrictions may include, without
limitation:
(i) designating a parking time
limit on any portion of the airport;
(ii) designating any portion of the airport
for specific uses (e.g., for the general public, designated
commercial passenger vehicles, a passenger loading/unloading zones, a freight
loading zone, or for airport vehicles only);
(iii) designating any portion of the airport
as a NO STOPPING, NO WAITING, or NO PARKING area;
(iv) designating where and how vehicles shall
be parked by means of parking space markers; and
(v) designating direction of
travel.
(2) The SRAA may
use its full authority under Federal, State, and local law, as well as TSA
security directives, to direct, remove, or cause to be removed at the owner's
expense from any restricted or reserved area, any roadway or right-of-way or
other area on the airport premises, any vehicle which is: disabled, abandoned,
illegally or improperly parked, or creating an airport operational issue. Any
such vehicle may be removed or caused to be removed to an official vehicle
impound area designated by the SRAA. Neither the SRAA nor the City of Syracuse
shall be liable for damage to any vehicle or loss of personal property which
might result from the act of removal.
(3) Cruising is prohibited. Ground
transportation vehicles will be considered to be cruising unless the driver:
(i) has a customer to be discharged at a
terminal and is proceeding to this destination by the most direct
route;
(ii) is in the process of
leaving the airport by the most direct route.
(4) All commercial ground transportation
vehicles shall only be operated on roads and parking areas designated by the
SRAA for use by that particular type of vehicle and ground transportation
service. Vehicles are not to be positioned so as to block the flow of traffic
or prevent other vehicles from gaining access to, or departing from, ground
transportation areas or other areas at the airport. Additional restrictions may
be set forth by the SRAA through other means, including in a ground
transportation license. No commercial ground transportation service shall use
the roads, walkways, sidewalks, or other airport facilities in such a manner as
to hinder or obstruct their proper use, public access, the conduct of proper
and approved business activities, or to interfere with the flow of
traffic.
(e)
Indemnification.
Commercial ground transportation operators shall indemnify,
defend and hold harmless the SRAA, the City of Syracuse, and their officers,
agents and employees from any and all claims, liabilities, losses, suits,
damages and causes of action against them, their officers, agents and
employees, which may arise out of the performance or non-performance by the
commercial ground transportation operator of the rights and privileges granted
by these rules and regulations, and such defense, indemnity and hold harmless
shall extend to any and all claims, liabilities, losses, suits, damages or
causes of action of every kind or nature and shall include reasonable
attorneys' fees and costs incurred in administrative, trial, appellate, review
or collateral proceedings.
(f)
Insurance requirements.
(1) Without limiting the commercial ground
transportation operator's indemnification, the commercial ground transportation
operator shall procure and maintain for the duration of its license insurance
against claims for injuries to persons or damages to property which may arise
in connection with performance of permitted activities by the commercial ground
transportation operator, its agents, representatives or employees. The SRAA
shall retain the right at any time to review the coverage, form and amount of
insurance required hereby.
(2) The
commercial ground transportation operator shall furnish the SRAA with
certificates evidencing coverage required below before performance
commences.
(3) Coverage shall be at
least as broad as:
(i) commercial automobile
liability for corporate/business use vehicles including non-owned and hired
coverage:
(a) private passenger type vehicles
(taxis only): $350,000;
(b)
vehicles with a seating capacity of 7 passengers or less: $750,000;
(c) vehicles with a seating capacity of 8 to
15 passengers: inclusive, $1,500,000;
(d) vehicles with a seating capacity of 16
passengers or more: $5,000,000;
(ii) worker's compensation must meet
statutory requirements of the State of New York and employer's liability
insurance of $1,000,000 per accident for bodily injury or disease;
(iii) umbrella or excess liability policies
are acceptable where the need for higher liability limits is noted in the
minimum limits of insurance and shall provide liability coverage that at least
follow over the underlying insurance requirements where necessary for
commercial general liability, commercial automobile liability, employers'
liability, and other liability coverage (other than professional liability)
designated under the minimum scope of insurance.
(4) The insurance policies required in these
rules and regulations are to contain, or be endorsed to contain, as applicable,
the following provisions:
(i) insurance is to
be placed with insurers with a current AM. Best's rating of no less than
A-VII;
(ii) the commercial ground
transportation operator shall maintain all insurance coverage in place at all
times and provide the SRAA with evidence of each policy's renewal 10 days in
advance of its anniversary date. The commercial ground transportation operator
is required by these rules and regulations to immediately notify the SRAA if
they receive a communication from their insurance carrier or broker/agent that
any required insurance is to be canceled, non-renewed or otherwise materially
changed. The commercial ground transportation operator shall provide evidence
that such cancelled or non-renewed or otherwise materially changed insurance
has been replaced or its cancellation notice withdrawn without any interruption
in coverage, scope or limits. Failure to maintain required insurance in force
shall be considered a material breach of the agreement;
(iii) the SRAA and the City of Syracuse,
their officers, directors, officials, and employees, are to be endorsed as
additional insured as respects to automobiles owned, leased, hired or borrowed
by the commercial ground transportation operator. The coverage shall contain no
endorsed limitations on the scope of protection afforded to the SRAA and the
City of Syracuse, their officers, directors, officials, or employees. The
commercial ground transportation operator is required to provide a copy of
required additional insured endorsement to the SRAA;
(iv) for any claims related to ground
transportation services at the airport, the commercial ground transportation
operator's insurance coverage shall be primary insurance with respect to the
SRAA, its officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the SRAA, its officers, directors, officials, or
employees shall be excess of the commercial ground transportation operator's
insurance and shall not contribute with it; (v) the commercial ground
transportation operator shall be responsible for the acts and omissions of all
its subcontractors and shall require all its subcontractors to maintain
adequate insurance as required in this agreement. The commercial ground
transportation operator shall also require its subcontractors to name the SRAA
and City of Syracuse, their officers, directors, officials, agents, and
employees as additional insured on applicable policies.
(5) If any claim for damages is filed with
the commercial ground transportation operator or if any lawsuit is instituted
against the commercial ground transportation operator, that arise out of or are
in any way connected with the commercial ground transportation operator's
performance of ground transportation services as described in these rules and
regulations, and that in any way, directly or indirectly, contingently or
otherwise, affect or might reasonably affect the SRAA or the City of Syracuse,
the commercial ground transportation operator shall give prompt and timely
notice thereof to the SRAA and the City of Syracuse. Notice shall be deemed
prompt and timely if given within 30 days following the date of receipt of a
claim or 10 days following the date of service of process of a
lawsuit.
(g)
Prior
regulatory measures superseded.
Per NY Public Authorities Law section 2799-h hh(4), in the
case of any conflict between any rule and regulation issued by the authority
and any local law, local ordinance, local rule or local regulation, such rule
or regulation of the authority shall prevail.
(h)
Subordination.
These rules and regulations are subject and subordinate to
the provisions of any agreements between the authority and the State of New
York or the United States Government pertaining to the planning, development,
operation, and management of the airport and are specifically subordinated to,
and shall be construed in accordance with, the airport sponsor
assurances.