N.Y. Comp. Codes R. & Regs. tit. 21 § 175.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 175.4 - General provisions governing commercial ground transportation service

(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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 175.4