17 Alaska Admin. Code § 42.095

Current through August 30, 2024
Section 17 AAC 42.095 - Commercial passenger vehicle permit
(a) To operate a commercial passenger vehicle business on an airport, a person must hold a current commercial passenger vehicle permit issued under this section.
(b) A person must submit an application for a commercial passenger vehicle permit in writing to the airport manager and include
(1) a list of vehicles that the applicant proposes to operate on the airport under the commercial passenger vehicle permit; the list must include the year, make, model, license plate number and issuing state, serial number, and seating capacity, including the driver, for each vehicle;
(2) a description of the services that the applicant proposes to offer under the permit; and
(3) any application fee established under 17 AAC 42.125.
(4) evidence that applicable state and local permits or authorizations have been obtained.
(c) The airport manager shall approve an application for a commercial passenger vehicle permit unless the manager determines that
(1) the application must be denied under 17 AAC 42.010(g);
(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;
(3) the proposed activity is not allowed under or would result in a violation of
(A) applicable law;
(B) an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d);
(C) the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550;
(D) an exclusive right the department has granted to another person; or
(E) a covenant running with the airport land; or the proposed activity is inconsistent with sound airport planning.
(d) A decision by the airport manager to deny an application for a commercial passenger vehicle permit must be in writing.
(e) A commercial passenger vehicle permit is not transferable and may not exceed a term of five years.
(f) A commercial passenger vehicle permittee shall pay the applicable fee established under 17 AAC 42.125.
(g) A commercial passenger vehicle permittee shall provide [SUCH] evidence of insurance coverage that fully satisfies any insurance requirement that the airport manager establishes for the permit under the applicable provisions of 17 AAC 42.410(b)(15) for the permittee's operations on the airport.
(h) A commercial passenger vehicle permittee may not use or operate a vehicle on the airport in conjunction with a commercial passenger vehicle business unless the vehicle is listed on the permit and displays the identification described in this subsection. For each calendar year and for each vehicle listed on the permit, a permittee shall, upon payment of any applicable fee established under 17 AAC 42.125, obtain from the airport manager a sticker or other form of identification designated by the manager. The manager shall mail or deliver identification for a vehicle only to a person who has a permit at the airport, has paid any applicable fee, and has submitted the vehicle information required under (b)(1) of this section for that calendar year. A permittee shall maintain conspicuously affixed to each vehicle the current year's identification that the manager has issued for that vehicle.
(i) A commercial passenger vehicle permittee that operates a vehicle on airport property shall keep the vehicle in safe operating condition. The airport manager shall order a permittee to remove from service any vehicle of the permittee that the manager determines to be unsafe or otherwise in violation of this section.
(j) A commercial passenger vehicle permittee may park, wait, and drop off or pick up a passenger only at a premises or in an area that the airport manager has designated for that purpose.
(k) A commercial passenger vehicle permittee may cancel a permit and cease operations at the airport at any time on written notice to the airport manager.
(l) Upon 10 days' written notice to the permittee, or a shorter period of written notice if allowed by the permit,
(1) the airport manager shall cancel a commercial passenger vehicle permit and invalidate all vehicle identification issued to a permittee if the airport manager determines that the permittee
(A) is not in compliance with the permit and has not corrected the noncompliance within 10 days after receipt of the notice, or within a shorter period if allowed by the permit and stated in the notice; or
(B) has ceased commercial passenger vehicle operations on the airport; and
(2) the airport manager may, unless the permit provides otherwise, cancel a commercial passenger vehicle permit and invalidate all vehicle identification issued to a permittee for any reason not in violation of applicable law.
(m) Cancellation of a commercial passenger vehicle permit by the airport manager must be in writing and state the reasons for the cancellation.
(n) A commercial passenger vehicle permittee may not, on the basis of the distance to be transported, refuse to transport a person who agrees to pay the appropriate fare.
(o) An applicant or commercial passenger vehicle permittee may protest the airport manager's decision to deny an application or cancel a commercial passenger vehicle permit in accordance with 17 AAC 42.910.
(p) A commercial passenger vehicle permittee or an employee of a permittee
(1) may not offer transportation services by in-person solicitation on an airport or by driving slowly past a department-operated terminal building; and
(2) shall offer transportation services only in compliance with the terms of the permit.

17 AAC 42.095

Eff. 1/14/2001, Register 157; am 1/17/2016, Register 217, April 2016

Authority:AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.220

AS 02.15.230

AS 37.15.470

AS 37.15.540