[Added 9-7-1995]
A.
The purpose of this article is to establish regulations
governing ground transportation service at the airport so as to ensure quality
service to the public and to provide for the public's welfare and safety.
B.
The airport is financed and managed under policies and
practices designated to assure that it will always be self-supporting and
will not require the expenditure of local tax funds for its operation, which
policies require that the costs and expenses for facilities be paid by the
users of such facilities who enjoy the commercial opportunities that such
facilities create, and that such users also pay fees for such opportunities
appropriate to and commensurate with the type and volume of business potential
under leases, concession agreements, or permits.
C.
In order to pay for expenses incurred in the construction
and maintenance of airport roadways and to fund airport improvements, to protect
the public, to preserve order, to provide for the public health, safety and
welfare, to enhance the airport as a public transportation facility, and to
protect established sources of revenue to the airport, it is necessary to
establish a permit program and fix fees and charges for those persons who
do not have a lease or concession agreement with the County and who want the
privilege of picking up and discharging passengers and of supplying services
to those passengers.
The Director of Aviation shall have the authority to establish vehicle
guidelines for all persons or corporations who would provide, offer to provide
or cause to provide public transportation at Pittsburgh International Airport.
A.
No person shall drive or cause to be driven any ground
transportation vehicle upon the premises of the airport, or provide, offer
to provide or cause to be provided any ground transportation services to passengers
or other persons at the airport unless a written permit has been first obtained
for such ground transportation service from the Director, and all fees established
in connection with such permit have been paid.
B.
No person shall drive or cause to be driven any ground
transportation vehicle upon the premises of the airport, or provide, offer
to provide or cause to be provided any ground transportation vehicle service
to passengers or other persons at the airport in violation of any of the terms,
conditions or other provisions of a permit issued pursuant to this article.
C.
No person shall pick up or discharge passengers or baggage
in connection with any ground transportation service, or park any ground transportation
vehicle, or engage in any other activity in connection with any ground transportation
service, at any location at the airport not expressly designated by the Director
for such purpose.
D.
No person shall use any pickup or discharge area, curb
area, holding lot, commercial roadway or ground transportation dispatch counter
or office for any purpose not directly related to providing ground transportation
service.
E.
No person or employee, agent or subcontractor of a permittee
shall solicit passengers for transportation or hold themselves out for hire
or engage in any other activity not permitted by the ground transportation
guidelines and/or this article issued pursuant thereto.
F.
"Solicitation" means to ask, request or offer to provide
transportation of persons or baggage at or from Pittsburgh International Airport
to points situated off airport premises whether a fee is requested or not.
A.
Each person desiring to drive any ground transportation
vehicle upon the premises of the airport or to provide any ground transportation
service to passengers or other persons at the airport shall first obtain a
written permit from the Director. Permit fees and the application process
are set forth in separate guidelines established by the Department of Aviation.
B.
The Director shall, within a reasonable time after the
receipt of the permit application and fees, issue to the applicant a ground
transportation vehicle permit valid for one year or the remaining portion
of a year, unless it shall appear that:
(1)
The application is incomplete.
(2)
The applicant has failed to provide the certificates
or other documentary evidence required.
(3)
The application contains false statements.
(4)
The permit is sought in furtherance of or in connection
with some unlawful enterprise or activity.
(5)
Due to the nature, size, configuration or other characteristic
of the ground transportation vehicle, it can reasonable be expected that the
granting of the permit would create a threat to the health or safety of persons
or property in or about the airport, or would be likely to interfere with
the safe, orderly and expeditious flow of traffic to, from, at or about the
airport.
(6)
The applicant is in violation of any health, safety,
insurance, inspection, licensing, certification or other requirements imposed
by any governmental agency or authority having jurisdiction.
(7)
The applicant is in violation of a previously issued
ground transportation vehicle permit, or is in breach of a contract with the
County.
(8)
The applicant fails to pay any fines imposed for violation
of the ground transportation guidelines established by the Director of Aviation.
(9)
The applicant fails to charge fares in accordance with
published tariff of appropriate regulatory agency.
C.
In the event that a permit application is denied, the
Director shall give prompt written notice thereof to the applicant advising
of the reason for the denial and shall refund to applicant the permit fee
submitted by applicant in connection with the application. The applicant shall
have 30 days from the date of denial to appeal such denial to the Board of
County Commissioners.
D.
Each permit issued pursuant to this article shall authorize
the permittee to use, in common with others so authorized, the commercial
roadway, designated curb areas for pick-up and discharge and the use of the
designated holding lot as herein provided. All of the foregoing uses shall
be subject to the terms, conditions and other provisions of this article.
All permittees shall adhere to the following conditions:
A.
All permits issued pursuant to this article shall be in such
form as the Director shall from time to time determine, shall be expressly
conditioned upon the permittee's observance of all federal, state, County
and municipal laws, ordinances, rules and regulations, and such rules and
procedures as may from time to time be established by the Director.
B.
All permittees shall submit to the Director a report of each
accident occurring in connection with a permittee's ground transportation
service at or from the airport.
C.
All permittees shall promptly deliver to the Director true and
correct copies of all renewals, amendments, cancellations or other changes
of all certificates of public convenience or similar certificates issued by
the Interstate Commerce Commission, the Pennsylvania Public Utility Commission,
the Port Authority of Allegheny County or any other Federal, State or municipal
governmental agency having jurisdiction over a permittee's transportation
activities and authorizing a permittee to engage in the transportation service
which permittee provides at or from the airport.
D.
All permittees shall adhere to such additional terms, conditions
and other provisions including, but not limited to, insurance and indemnification
requirements as the Director may reasonably establish for the public health
and safety, the security and good order of the airport, and the expeditious
flow of traffic to, from, at, and about the airport.
A.
All persons required to operate under a permit shall
drive only upon such ways, pick up and discharge passengers only at such locations,
park only at such locations and remain at any location only for such period
of time, as the Director shall from time to time authorize and determine pursuant
to this article.
B.
The Director shall designate a certain area or areas
at the airport for use in common by permittees as an area at which permittees
may pickup and discharge passengers and baggage. The Director may from time
to time change the areas so designated. A permittee may pick up and discharge
passengers only at such designated areas.
C.
The Director shall designate a certain area or areas
at the airport as a curb area or areas, for the discharge and pick up of passengers
only. The Director shall divide the curb area and holding lot into specific
portions. A permittee may stage its vehicles only in those areas which are
specifically assigned to that permittee by the Director. The Director may
from time to time change the areas designated as curb areas and holding lots
assigned to a given permittee.
D.
Each applicant shall indicate in its application the
number of vehicles which it desires. The Director, in his discretion, may
issue a permit for a lesser number of vehicles than requested by an applicant,
and may at any time reduce the number of vehicles already authorized to a
permittee, based on the total number of spaces available, the number of applications
received or anticipated, the needs of the traveling public, and the safety
and good order of the airport. In the event that the Director reduces the
number of vehicles allotted to a permittee, or issues a permit for fewer vehicles
than requested by an applicant, he shall refund the proportionate part of
the fee.
E.
The Director may designate a certain office, counter
or other area in the airport terminal building for use in common by permittees
as a ground transportation service area. The Director may from time to time
relocate or redesign such area. The Director may elect to centralize the management
and operation of the common counter or other area. The management and operation
may be by the County or by other such persons as the Director shall designate.
F.
If the Director determines that due to the nature, size,
shape or other characteristic of any vehicle of any permittee, that vehicle
interferes or is likely to interfere with the safe, orderly and expeditious
flow of traffic to, from, at or about the airport, then the Director may prohibit
that permittee from driving or otherwise using that vehicle at the airport
or at a particular part of the airport. In such event the permittee may either
utilize a different vehicle, which does not so interfere or discontinue its
ground transportation vehicle activities at the airport. In the latter case,
County shall refund to the permittee the proportionate part of the fee.
A.
Permittees may use, in common with others so authorized,
the ground transportation holding lot as a temporary hold and parking area
only.
B.
This area may not be used as a permanent parking facility
for private vehicles of the permittee's employees. No vehicle shall remain
in the holding lot area overnight. However, the Director may waive this limitation
due to circumstances beyond the permittee's control.
C.
Permittees may only utilize the designated lanes in accordance
with the appropriate class of vehicle.
A.
Permittees shall have the use in common of the curb areas,
as authorized by the Director in accordance with the appropriate class of
vehicle. Such areas shall only be used for the loading and discharge of passengers.
B.
Vehicles may be left unattended at the curb, in the area
designated for their appropriate vehicle. The dwell time in this area may
not exceed a period as established by ground transportation guidelines.
C.
Permittees whose vehicles exceed the allotted dwell time
shall pay an additional fee as provided for in the ground transportation guidelines.
A.
Permittees may use, as a dispatching office, that area
designated by the Director as the ground transportation service area.
B.
Permittees shall have the right to use the service area,
in common with other approved permittees, with the following guidelines:
(1)
All permittees' use of this area shall be in common
with all other approved permittees.
(2)
Any communication equipment, signage, pamphlets or schedules
must be submitted and approved by the Director prior to placement within the
service area.
(3)
Installation of direct phone lines must be approved by
the Director.
(4)
Any attempt to remove, deface or destroy another permittee's
sign, schedule or pamphlets or to interfere with another permittee's passengers
shall be grounds for revocation of a permittee's right to use the service
area and/or operate at the airport.
(5)
Permittees' employees at this counter area should
be courteous and professional in appearance at all times.
C.
Permittees shall be required to pay on an annual fee,
as set by the Department of Aviation, for use of this area. Fees for permittees
approved more than 30 days after the normal due date for payment shall be
prorated for the period. In the event a permittee ceases to provide service,
there shall be no refund of any amounts due or previously paid.
D.
The Director may elect to centralize the management and
operation of the common counter or other area. The cost of management and
operation shall be assessed to the permittees on a pro-rata basis.
A.
All permittees must pay an annual per vehicle fee, established
by the Department of Aviation, based upon the type of vehicle they operate.
B.
All permittees must pay a per-trip fee, established by
the Department of Aviation, each time a vehicle accesses or re-accesses the
commercial roadway system.
C.
All permittees must pay a deposit fee, established by
the Department of Aviation, for each vehicle transponder used in the AVI system.
D.
All fees required, except per trip fees, must be paid
in full prior to the issuance of a permit and vehicle transponders.
E.
For lost or stolen transponders, a permittee must notify
the Department of Aviation and pay an additional deposit fee before a replacement
transponder will be provided, as well as the cost for replacement of the same.
A.
Stickers will be issued to all permittees for immediate
and permanent attachment to the passenger side 18 inches to the right of the
license plate on the rear bumper of all vehicles operating at, to or from
airport. No permittee shall operate a motor vehicle without such a sticker
being attached to the vehicle.
B.
Transponders will be issued to all permittees for immediate
attachment to the front license plate on the bumper of a permittee's
vehicles. Transponders must be installed prior to commencement of operation.
No permittee shall operate a motor vehicle without such a transponder being
attached to the vehicle.
C.
All vehicles in a permittee's fleet operating at,
to or from airport must have permanently affixed exterior signage indicating
thereon the name as set forth on the permit application. No permittee shall
operate a motor vehicle without such exterior signage affixed to the vehicle.
D.
Permits are granted only for fleet vehicles as used in
a permittee's primary business. Employee's personal cars or vehicles
not registered in this application may not utilize the commercial roadway
or holding lot areas.
A.
The Director may revoke or suspend any ground transportation
permit if a permittee:
(1)
Transfers a transponder and/or sticker from the vehicle
to which the transponder is assigned.
(2)
Fails to provide evidence of current insurance coverage
as required by the ground transportation guidelines.
(3)
Leaves any vehicle unattended in any area other than
such designated and authorized areas provided for in this article.
(4)
Fails to report and return a transponder and sticker
to the Department of Aviation within 10 days the transfer, sale or lease of
vehicle registered with the Department.
(5)
Utilizes space in the holding lot or curb area other
than that area set aside for the appropriate designated vehicle.
(6)
Fails to provide documentation of vehicle fleet changes
as required by the ground transportation guidelines.
(7)
Routinely fails to operate within the scope of its operating
authority.
(8)
Fails to pay any fines imposed for violation of the ground
transportation guidelines.
(9)
Fails to charge fares in accordance with published tariffs.
B.
The Director of Aviation shall give a permittee written
notice of revocation, and the permittee shall have 30 days from the date of
revocation to appeal such revocation to the Board of County Commissioners.
Such appeal shall be set forth in writing addressed to the County Solicitor,
County of Allegheny, Department of Law, Fort Pitt Commons Building, Pittsburgh,
PA 15219. A permittee whose permit has been revoked or suspended shall not
be entitled to any refund of any permit fee paid hereunder.
A.
If a permittee adds or deletes a vehicle used in the
ground transportation service, the permittee must inform the Department of
Aviation in writing and provide all other necessary information required by
the Department.
B.
When adding a vehicle to the ground transportation service
permittee shall contact the Department of Aviation and pay the appropriate
fees to the Director.
C.
When deleting a vehicle from the ground transportation
service permittee must submit the necessary information in writing to the
Department of Aviation along with the sticker and transponder of the vehicle.
If permittee shall discontinue service of part or all of its fleet or
operations throughout the applicable effective term of the permit, the permittee
shall not be entitled to a reimbursement of any fees in proportion to the
amount of time remaining in the permit period.
A permittee shall, at its own cost and expense, obtain and keep current
all required insurance coverages, licenses, certifications and permits required
by any governmental authority in connection with the permittee's operations
in, on and about the airport and shall, upon request, demonstrate to the Director
that it possesses all such licenses, certifications and permits.
A permittee shall have no right or power to assign, lease, sublease,
license, subcontract, franchise or delegate this permit or any rights or duties
pursuant hereto, or to let any space or portion thereof, nor may permittee
use the space which is the subject matter of this permit for any purpose other
than the parking of the permittee's authorized vehicles to provide ground
transportation service.
A.
The permittee agrees that it will, at all times, indemnify
and hold harmless the County, its Commissioners, officers and elected and
appointed officials, agents and employees from and against any and all loss,
cost, liability, damages of whatever nature, causes of action, suits, claims,
demands, judgments, awards and settlements, including, without limitation,
payments of claims or liability resulting from any injury or death of any
person or damage to or destruction of any property, arising out of but not
limited to the permittee's area, its occupancy or use and its operation
causing injury to any person or property whomsoever or whatsoever or from
the willful misconduct, or the negligent or tortious act or omission of the
permittee or any agents, employees, licensees, contractors or subcontractors;
or the violation by the permittee of any provision of this article or any
failure to comply with and perform all of the requirements of the permit and
regulations promulgated by the Director except to the extent any such injury,
death or damage is solely caused by the willful misconduct or grossly negligent
act or omission of the County or its Commissioners, representatives, elected
and appointed officials, officers or employees.
B.
The permittee agrees to defend, indemnify and hold harmless
the County, its Commissioners, elected and appointed officials, officers,
agents and employees from and against any and all claims or liability for
compensation under any workers' compensation statute arising out of injuries
sustained by any employee of the permittee, except to the extent solely caused
by the willful misconduct or grossly negligent act or omission of the County
or its Commissioners, representatives, elected and appointed officials, officers
or employees. However, nothing in this section is intended or shall be construed
to obligate the permittee to defend, indemnify or hold County harmless from
or against any claim or liability under any workers' compensation statute
arising out of any injury sustained by any employee of the County in the course
of his or her County employment.
C.
A permittee shall, at all times during the term of its
permit and with respect to all phases of its operation, comply with all laws,
ordinances, rules and regulations of the United States of America, the Commonwealth
of Pennsylvania, the County of Allegheny and their respective departments,
agencies, commissions, political subdivisions and municipalities, and including
such rules, regulations and directives as may from time to time be issued
by the Director.
D.
The County shall not be liable to permittee for any violation
of any such law, ordinance, rule, regulation or directive by any tenant, concessionaire
or other person at the airport.
Nothing in this article shall be construed to limit the power of the
County to enter into written contracts with any persons for or with respect
to the ground transportation services at the airport, and this article shall
not apply to any ground transportation service or ground transportation vehicle
to the extent that such service or vehicle is regulated by written contract
between the County and the provider of such service or the owner or operator
of such vehicle.
A.
The County police shall have the power and the duty to
enforce the provisions within this article and the Director shall have the
power and duty to administer the provisions within this article, to design
and require the use of such forms, and to establish such procedural rules
as he shall from time to time deem necessary or conducive to the proper and
efficient administration of the provisions within this article.
B.
The County police may restrict the number of ground transportation
vehicles permitted in the pickup and discharge areas at times as dictated
by traffic flow or other circumstances.
A.
Any person who violates any of the regulations of this
article shall be subjected to one or both of the following penalties: upon
conviction of the summary proceeding, violators shall:
B.
The Board of County Commissioners may also prescribe
fines and penalties, not to exceed $500 for the violation of County ordinances,
which fines and penalties may be collected by suit brought in the name of
the County in like manner as debts of like amount may be used for.
