Ordinance 122

METROPOLITAN AIRPORTS COMMISSION

ORDmANCE NO. 122 COMMERCIALVEHICLESORDINANCE

AdoptedbyCommission:October17, 2016 EffectiveDate:January1,2017

 

MAC Ordinance No. 122 Commercial Vehicle Ordinance EffectiveJanuary1, 2017

 

METROPOLITAN AUtPORTS COMMISSION ORDNANCENO.122 COMMERCIAL VEMCLES

AnOrdinanceto promoteandconservepublicsafety,health,peace,convenienceandwelfareandtoprovide fortheequitable allocation ofthecostsofestablishing andmaintaimng groundtransportation facilities atthe Airport; tomanagetheoperationofvariousformsofgroundtransportation attheAirport inrecognition of limitedroadwaycapacity;toregulatetheoperationofallCommercial VehiclesatMinneapolis-St. Paul InternationalAirport,apubUcairportundertheoperation,directionandcontroloftheMetropolitanAirports Commission.

WHEREAS,theAirporthaslimitedroadwaycapacitytoaccommodatealloftheCommercialVehicles seekingaccesstotheAirportto servicepassengerneeds;and

WHEREAS, the Metropolitan Aiiports Commission seeks to provide the best possible ground transportation servicestothepublic,andtogeneraterevenuetosupporttheAirport's facilities;and

WHEREAS, the Minnesota Legislature hasauthorized the Metropolitan Airports Commission to "regulate groundtransportation toandfimnanairportunderitsjurisdiction .... Theauthorityunderthisparagraph includes,butisnotlimitedto, regulatingthenumberandtypesoftransportationservices,makingconcession agreements, andestablishingvehicle standards. " Minn. Stat. § 221. 091, Subd.3 .

NOW THEREFORE, the Metropolitan Airports Commission does ordain: SECTION 1 - DEFDWnONS

1. 1 1.2

1.3

1.4

1.5

Aeencv. See Auto Reutal Ageucy defined below.

Airport. Mumeapolis-St.PaulInternationalAirport,Wold-ChamberlainField,apublicairport underfhesupervision, operation, direction andcontrol oftheMetropolitan Airports Commission, andlocatedintheCountyofHemiepin andStateofMinnesota.

AirportDirector. TheCommission's administrative officerortheofficer'sdesigneeinchargeofthe terminalareasattheAirportand,forpurposesofpemuttingandcontrolofCommercialVeMcles andenforcement ofthis Ordinance,theagentoftheMetropolitan Airports Commission.

Authorized Dealer. An inspection facility approved bytheAirport Director thatis: (1) utilized by a city,villageorotherpoliticalsubdivisionwhichlicensessuchCommercialVehicleor,(2)an automobile dealershipwhichdealsinnewmodelsofthatparticularmakeofautomobileor,(3)in theeventthatthereisnoAuthorizedDealerforsuchmakeofVehiclemtheseven-county metropolitanarea,anAuthorizedDealermaybea dealerinnewmodelsofanymajorUnitedStates mEmufacturer ofautomobiles.

AutoRentalAeencvorAeencv. Anyautorentalcompanythatshuttlespassengerstoorfromsites offAirportpremisesorsitesontheAirportthatarenotlocatedintherentalautofacilitiesat Terminal 1-LindberghorTerminal2-Humphrey. Thisincludes(1)autorentalcompaniesthatdo nothavea leaseorconcessionagreementwiththeCommissionand(2)on-airportautorental companies with respect to any auto rental transactions in which the passenger is shuttled from the Airportto anotherlocationtopickuptherentalVehicle,unlesstheleaseorconcessionagreement

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1.6

1.7

1. 8

1.9 1. 10

1.11 1.12 1.13

1. 14 1.15

1.16

1. 17

MAC Ordinance No. 122 Coiiunercial Vehicle Ordinance EffectiveJanuary1, 2017

with the Commission specifically addresses shuttling passengers to off-Airport locations.

AutoRentalOperatineAreas. AreasdesignatedbytheAirportDirectoratTermmal 1-Lindberghor Terminal 2-Humphrey forusebyallAutoRentalAgencyVehiclesinpickingupanddroppingoff passeugers.

Automatic Vehicle Identification (^AVO System. A radio-frequency identifications system which includesAVITags,readers,loops,accessgates,andacentralcomputer.

AVITag. A smalldevicethatsignalswhenVehiclesenterorexittheAVICommercialLanesor Auto Rental Operating Areas.

Bus. A Vehicle which is designed to transport 20 or more passengers, mcluding the Driver.

ClassI Vehicle. ACommercialVehiclewitha Vehicleweightoflessthan13,000poundsand a seating capacity up to 20 people.

ClassUVeMcle. ACommercialVeMclewithaVehicleweightof13,000poundsorgreateror designedto carry20ormorepeople.

Commercial Lanes. DesignatedtrafliclanesonAiiportroadwaysfortheuseofCommercial Vehiclesinpickinguppassengersorproperty, excludingAutoRentalVehicles.

CommercialVehicle. Limousines,MotorCarriersofPassengers,SmallVehiclePassengerService, exceptforTaxicabsandTransportationNetworkCompanies,andPrivateCarriers. Thisdefimtion does not include Vehicles operated by federal, state, or local governments.

Cnmmission orMAC. TheMetropolitan Airports Commission, a public corporation orgamzed and operating pursuant to Chapter 500, Laws ofMiimesota 1943 and amendments thereto.

CompanyPermit. AnaimualauthorizationfromtheAiiportDirectorthatisissuedtoaPersonthat allowsthePersonto operateoneormoreCommercialVehiclesontheAirport, providedthatan AVITagisobtainedforeachsuchCommercial Vehicle.

Driver. EveryPersonwhodrivesorisinactualphysicalcontrolofaCommercialVehicleunder this Ordinance.

DwellFee.A feeimposedonCommercialVehiclesforexceediugtheprescribedtimeinpickingup passengers or cargo while operating in the Commercial Lanes.

1.18 eTripLane. ACommercialLanethatutilizesapaymentservicethatallowsanoperatortoenter

andexittheCommercialLanebyusingabaskcard. Paymentismadeatexitwiththesame bankcardusedto gainentry.

19. 1.19  ExecutiveDirectoi/CEQ. TheCommission'schiefexecutiveofficeroradesignatedrepresentative.

20. 1.20  HearineOfficer. A designeeoftheExecutiveDirector/CEOwhoshallconducthearings,hear evidence andmakea determination regarding Suspension orRevocation ofCompany Permits and AVITags.

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MAC Oidinance No. 122 Commercial Veliicle Ordinance Effective January 1, 2017

21. 1.21  Limousine. LunousineshallhavethedefinitioncontainedinMiim.Stat.§168.002,Subd.15,oras itmaybeamended. AtthetimethisOrdinanceisadopted,thatdefinitionis"aluxmypassenger automobilethathasa seatingcapacityofnotmorethan15persons,includingtheDriver."

22. 1.22  Limousine Service. Limousine Service shall have the definition contained in Minn. Stat. § 221 .84, or as it may be amended. At the time this Ordmance is adopted, that definition is "Service that: (1) is not provided on a regular route; (2) is provided in a luxury passenger automobile that has a seatingcapacityofnotmorethan15persons, includingtheDriver; (3)provides onlyprearranged pickup;and(4)chargesmorethanataxicabfareforacomparabletrip."

23. 1.23  MAC Representative. Any Person authorized by the Airport Director to direct or coordinate Commercial Vehicle operations at fhe Airport.

24. 1.24  MotorCarrierofPasseneers. MotorCarrierofPassengersshallhavefhedefimtioncontainedin Minn.Stat.§221.012,Subd.26,orasitmaybeamended. AtthetimethisOrdinanceisadopted, thatdefinition is"Apersonengagedinthefor-hiretransportation ofpassengers inVehicles designedtotransporteightormorepassengers,includingtheDriver." MotorCarriersofPassengers include,butarenotlimitedto,SharedRideVehicles,ScheduledShuttles,OutstateShuttles,and Buses.

25. 1.25  Off-Airport Parkmg Company. Any Person offermg or providing parking off-Airport premises for afee,charge,offset,discountorotherconsideration ofanykind,directlyorindirectly, tocustomers going to or coming from the Airport.

26. 1.26  Off-Airport Parkine Company Per-Trip Fee. Commercial Vehicle fees imposed upon OH-Airport ParkingCompanies forthefi'equencyofuseoftheroadways, curbs,andotherfacilities.

27. 1.27  Operator. PersonwhoholdstheCompanyPermit.

28. 1.28  OutstateVehicles. AMotorCarrierofPassengersthatprovidestransportationtodestinations outside the seven-county metropolitan area.

29. 1.29  Per-Trip Fee. Commercial Vehicle fees imposed upon Operators for the fiequency ofuse ofthe roadways, curbs, and other fiicilities.

30. 1.30  Person. Every natural person, firm, partnership, association, corporation, or entity.

31. 1.31  Private Carrier. Private Carrier shall have fhe definition contained in Miim. Stat. §221. 012, Subd. 35,orasitmaybeamended. AtthetimethisOrdinanceisadopted,thatdefinitionis"Aperson engagedinthetransportation ofpropertyorpassengersbymotorvehiclewhen: (a)theperson ta'ansportingfhepropertyorpassengersisengagedinabusinessotherthantransportation; and(b) the transportation is within the scope of and furthers a primary business, other than transportation, ofthatperson." PrivateCarriersinclude,butarenotlimitedto,hotelandmotelcourtesyVehicles, corporate shuttles. Auto Rental Agency Vehicles, off-Airport parking Vehicles andBuses.

32. 1.32  Revocation. Thediscontinuance ofaPerson'sCompanyPermitorAVITag(s).

33. 1.33  Scheduled Shuttle. A Motor Carrier ofPassengers that provides scheduled transportation to destinations within the seven-county metropolitan area.

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MAC Ordinance No. 122 Coimnercial Vehicle Ordinance

EffectiveJanuary1, 2017

34. 1.34  Shared Ride Service. A Motor Carrier ofPassengers that provides transportation to multiple passengers to a specific destmation(s) requested by each passeuger.

35. 1.35  SmallVehiclePassenserSCTnce. SmallVeMclePassengerServiceshallhavethedefinition containedinMum.Stat.§221.012,Subd.38,orasitmaybeamended. AtthetimethisOrdinance is adopted, that definition is "Service provided by a person engaged in the for-hire transportation of passengers in a Vehicle designed to transport seven or fewer persons, including the Driver."

36. 1.36  Suspension. The temporary discontinuance ofa Person's Company Permiti or AVI Tag(s).

37. 1.37  Taxicab. Any motor Vehicle carrymg passengers for pay or Mre to specific destinations requested bypassengers uponpublic streets anduponthestreets, avenues androadsoftheAiiport, and subject to call on or upon such public streets and Aiiport streets, avenues or roads or from a garage or other established place ofbusiness, not includmg Transportation Network Companies.

38. 1.38  Transportation Network Company. A company as defined by Minn Stat. § 65B. 472, or as amended. At the time this Ordinance is adopted, that definition is "a corporation, partnership, sole proprietorship, orotherentitythatisoperatinginMinnesotathatusesadigitalnetworktoconnect transportation network company riders to transportation network company drivers who provide prearranged rides."

39. 1.39  Vehicle. Every device in, upon or by which any Person or property is or may be transported or drawnuponpublic streets andupon streets, avenues androadswithintheAirport.

SECTION2-SCOPE

This Ordinance applies to all Persons and Vehicles other than Transportation Network Company Vehicles, Transportation Network Company Drivers, Taxicabs and Taricab Drivers engaged in commercial ground transportation at the Airport. This Ordinance does not apply to parking access control for federal employees or other Vehicles assigned by the Airport Director to use the Commercial Lanes that do not meet the definition of Commercial Vehicle, except as governed by separate agreement.

SECTION 3 - AUTHORITY TO OPERATE

3. 1

Authorized Vehicles

Only the followmg Commercial Vehicles may pick up passengers at the Aiqj ort, subject to compliance with the other provisions ofthis Ordinance:

1. Limousine Service;

2. Motor Carriers ofPassengers:

   1. Buses, and

   2. OtherMotorCarriersofPassengers,onlypursuantto agreementwiththeAirport Director;

3. Small Vehicle Passenger Service is prohibited from operating at the Airport, except as a Taxicab operating pursuant to Ordinance No. 123, or as amended or as a Transportation Network Company operating pursuant to Ordinance No. 124 or as amended;

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MAC Ordinance No. 122 Commercial Vehicle Ordinance Effective January 1, 2017

4. Private Cairiers, provided that Private Carriers designed to transport eight or more passengers, mcluding the Driver, must use fhe Commercial Lanes; and

5. Such other Commercial Vehicles asthe Airport Director determines will promote the efficient operation ofthegroundtransportation system andorderly traffic flow.

3.2 Company Permit andAVITag

All Commercial Vehicles must beregistered under anannual Company Pennit andhave anAV[ Tag in order to pick up passengers at the Airport, except that:

a. eTrip Lanes

Commercial Vehicles that only use the eTrip Lanes are not required to have a Company PemutorAVITag.

3.3 Company Permit Reouirements

Upon application, the Airport Director may issue an annual Company Pennit to an Operator of Commercial Vehicleswhentherequirements setforthinthissectionaremetandwheretheinterests ofthetraveling public andtheefficient operation oftheAirport arebestservedbysuchissuance. OneCompanyPermitwillberequiredperOperatorataspecificbusinesslocationoraddress. The Aiiport Director may then issue one AVI Tag for each Vehicle (hat wUl be operated under fhe Permit. All Operators shall maintain the Company Pennit requirements at all times.

TheAirport Director maydenyrequests forCompany Pennits andAVITag(s) wheretheinterests ofthetraveling public andtheefScieut operation oftheAirport arebestservedbysuchdenial. The Airport Director also may limit the number of Company Permits and AVI Tag(s) issued for a specifictypeofCommercialVehicleinordertopromotetheefficientoperationofthe Commission's ground transportation system and to promote orderly trafBc flow.

1. Vehicle

   To qualify for a Company Permit, a Person must lease, operate or own one or more Commercial Vehicles.

2. Operating Authority

   The Operator must submit proofofcurrent, valid operating authority ifrequired forthe particulartypeofCommercial Vehiclebeingoperatedasgrantedby(heapplicablefederal, state, or local authorities.

3. Mechanical Inspection
   The Operator must submit written proof demonstrating one ofthe following:

1. That each Commercial Vehicle is regulated by an applicable authority that requires annualmechamcal inspections oftheVehicle; or

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MAC Ordinance No. 122 Commercial Vehicle Ordmance EffectiveJanuary1, 2017

2. That the Vehicle has passed a mechamcal inspection by a currentty certified National Institute for Automotive Service ofExcellence (ASE) mechanic competent andcapabletoperform inspections for(hetypeofVehicle. The inspection must meet standards setbytheAirport Director andhavebeen conducted in the past 12 months. This option applies to Vehicles with a seating capacity up to 15 passeugers and up to 10, 000 pounds; or

3. ThattheVehiclehaspasseda mechanicalinspectionbya mechaniccurrently certified by the Minnesota Department ofTransportation or Minnesota Dqiartment ofPublicSafetyandwhoiscompetent andcapabletoperfonn mspections for the type ofVehicle. The inspection must meet standards set by theAirportDirectorandhavebeenconductedinthepast12months. Thisoption appliestoVehicleswitha seatingcapacityof15ormorepassengersor 10,000 pounds or greater.

   The Operator must keep all maintenance and inspection records for each Vehicle foratleastayeareithermtheVehicleorattheOperator'splaceofbusiness.These records andproofofthemechanic's credentials toperform suchworkmustbe produced at any time upon request for review by a MAC Representative.

d. Insurance

TheOperator must assurethatproofofinsurance issubmitted fortheCommercial VehicleasrequiredbythisOrdmance.

Address and Telephone Number

Each Operator must keq) a current address and telephone number on file with the Commission at all times. Each Operator must have the company name and company telephonenumberregisteredwithDirectoryAssistanceforMinneapolis or St.Paul.

No Past Due Balance

The Commission shall not issue a Company Pemiit or AVI Tag(s) or authorize transfers to an Operator if the Operator has an outstanding balance that is more than 30 days past due for any fees.

3.4 AVITaes

1. Commission Property

   AnAVITagissuedtoanOperatorforaCommercial Vehicleremainsthepropertyofthe Commission. TheAVITagshallatalltimesbeaffixedtotheVehicleinalocationthat allows the tag to operate properly.

2. No Unauthorized Transfer

   An AVI Tag shall only be used in the Commercial Vehicle for which it is authorized by a MAC Representative.

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3. 5

Insurance and Indemnification
a. Commercial Automobile Liability Insurance

MAC Ordinance No. 122 Commercial VeMcle Ordinance Effective January 1, 2017

3. 6

TheOperatorshaUhavecommercial automobileliabilityinsuranceforeachCommercial Vehicleinforceatalltimes. Theamountofsuchinsurancecoverageshallbethegreaterof (i)acombined singlelimitforeachoccurrence ofatleast$1,500,000foraClassIVehicle and$2,000,000foraClassIIVehicleorequivalent coverage; or(ii)theapplicablestateor federalrequirementforthattypeofVehicle. Theinsurancepolicyshallnamethe Conunissionasanadditionalinsured. TheOperatormusthavea completedinsurance certificate evidencing such coverage on file with the Commission at all times. The insurancecertificateshallbeontheformprovidedbytheAirportDirector.

Insurance will be provided by a company licensed to write such insurance m the State of Miimesota. Also,liabilitywiUnotbelimitedduetoinsolvencyorbankmptcyofthe insured. TheCominissionmustimmediatelybenotifiedinwritingthata Vehicle(s)is beingdeletedfromthepolicy. TheCommissionmustbenotifiedinwritmg10daysbefore apolicymaybecanceledorchangedbyendorsement. TheOperatorwillbeheld responsibleifpropernoticeisnotprovidedbytheinsurancecompany. Also,coveragewill notbelimitedinanywaywheuinsuredVehiclesaredriven,used,operatedormaintained whiletheDriveroroccupantsareundertheinfluenceofalcoholorcontrolled substancesor engagedmtheillicittransportation ofsuchsubstances.

b. Indemnification

TheOperatorshallindemnifyandholdharmlesstheCommissionforthenegligentactsof theowner,Operator,orDriverwithpennission,expressedorimpliedoftheowneror OperatorofallcoveredVehiclesresultinginpersonalinjuryorpropertydamagewithinthe limits of coverage stated herein.

Transfers

1. Vekicle-to-Vebicle

   AVITagsgrantedunderaCompanyPermitmaynotbetransferred fromoneVehicleto another.

2. ComDanv-to-Company

   TheOperatorshallnotifyMACofchangestoCompanyname,Companyownership,billing address,telephonenumberorotherchangesrelatedto theCompanyPermit.

SECTION 4 - COMMERCIAL VEHICLE OPERATION 4. 1 Commercial Lanes

Commercial Vehicles shallonlyusetheCommercial LanesorotherareasestablishedbytheAirport DirectortopickuppassengersattheAirportunlessotherwisedirectedbya MACRepresentative, except:

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Limousine Service Drivers may also use the public parking areas at applicable rates for passenger pick up. Limousme Service Drivers who use the public parking areas shall not loadorunloadpassengersanyplaceotherthana designated,markedparkingspace.

b. Auto Rental Agency Vehicles

Auto Rental Agency Vehicles shall use only the Auto Rental Areas or other areas established by the Airport Director to pick up and drop offpassengers.

2. 4.2  Drivers Remain with Vehicles

   EachDrivermustremainwithhisorherVehiclewlulem passengerloadmgarea,except:

   1. LimousineServiceDrivers

      LimousineServiceDrivers areallowedto beintheCommercial Lanesforprearrangedtrips only. Drivers are allowed to meet their prearranged passengers in the baggage claim area. However, Limousine Drivers must place a company identification placard on the dashboard oftheirVehicleinplainview,andhaveahandheldsignnottoexceed8'/2"x 11" displaying the prearraaged passenger's name. The Airport Director may modify the Limousine Service passenger pick up procedures in this paragraph under circumstances he or she deems appropriate.

   2. Outstate Vehicle Drivers

      Outstate Vehicle Drivers are allowed to leave their VeMcles to operate service desks and facilitatepassengertransportationprovidedthatcurrentsecurityrequirements aremet.

   3. Other Drivers

      TheAirportDirectormaymodifytheseexceptions,ormayallowDriversofotherVehicles to leave their Vehicles under particular circumstances.

   4. Ljmitation

      These exceptions are subject to Ordinance 80 or as amended, which allows the Executive Director/CEOtoplacetrafficlimitationsonVehiclesforoperational,safety,orsecurity reasons.

3. 4.3  Vehicle Requirements

a. Cleanliness

AllCommercialVehiclesshallbeclean,ofgoodappearance,freeofbodydamageandwell painted.

MAC Ordinance No. 122 Commercial Vehicle Ordinance

Effective January 1, 2017

a. Limousine Service

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MAC Ordinance No. 122 Commercial Vehicle Ordinance Effective January 1, 2017

b. Vehicle Markines

4.4

4. 5

4. 6

Commercial Vehicles, except Limousines, shall be clearly marked to show the name and telephone number ofthecompany operating theVehicle, andanyapplicable Minnesota Department ofTransportation orotherapplicableoperatingauthoritynumber. All markings required by this subsection shall be painted neatly and plainly on the Commercial VehicleorotherwiseattachedbypermanentdecalapprovedbytheAirportDirector. Other markingsmaybeusedonatemporarybasisasapprovedbytheAirportDirector. Aplacard mustbeplaced onthedashboard oftheLimousine while itisoperating attheAirport thatis readable by a MAC Representative.

No Vehicle Towing

Only a commercial tow tmck shall be authorized to tow or otherwise transport another motorized Vehicle on Airport property.

Advertising

Operators shall not cause any advertising, signage or phone boards to be placed on Airport property otherthanasallowedbytheAiiportDirectorunderseparateagreement. Operators shallnotcause anyfhird-party advertising orsignagetobeplacedonCommercial Vehicles otherthanasallowed by the Airport Director under separate Agreement.

Compliance with Lesal Requirements

1. Laws

   AllPersonsandVehiclesengagedinCommercial Vehicletransportation atfheAirport shall comply with all applicable federal, stateandlocal laws.

2. Orders

   AllPersonsengagedinCommercialVehicletransportation attheAirportshallcomplywith all lawful orders ordirections givenbyMAC Representatives.

3. Commercial Vehicle Manual

   The Airport Director has the authority to establish a Commercial Vehicle Manual if the Airport Director deems it necessary. Every Person eugaged in Commercial Vehicle transportation at the Airport shall comply with the Commercial Vehicle Manual at all times. Violation ofthe Commercial Vehicle Manual is a violation ofthis Ordmance.

Compliance Checks

MAC Representatives may conduct random, imannounced compliance checks including Vehicle inspections at any time to determine compliance with this Ordinance. In addition to the mechanical inspections required under Section 3. 3, whenever a MAC Rq>resentative has reasonable grounds to believe that a Commercial Vehicle is not in compliance with this Ordinance, such personnel may require the Operator or Driver of such Commercial Vehicle to submit such Commercial Vehicle for inspection and certification by an Authorized Dealer or

4.7

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MAC Ordinance No. 122 Commercial Vehicle Ordinance

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Commission-approved inspection station. Written records of all inspections shaU be submitted promptly to the Airport Director.

SECTION 5 - DRIVERS

5. 1

5.2

Valid Driver's License

EveryDriverofa CommercialVehicleshallhavea validstateDriver'slicensewithproper endorsements tooperateinthestateofMinnesota.

Solicitation

NoPersonshallsolicitthebusinessofcarryingpassengersforhireinanyCommercialVehicleand noCommercialVehicleshallbedrivenwithinthelimitsoftheAirportforthepurposeofsoliciting thecanyingofpasseugersforhire. NoDriverofa CommercialVehicleshallprovideanypayment to any skycap, MAC Representative, bartender, or any other Person m return for the referral of passengers orpreferential treatment.

"Solicitation"meanstodirectlyorindirectly,activelyorpassively,openlyorsubtly,ask,request, pleadfor,seek,ortrytoobtainpassengersforhireinaVehicle,whetherornotbyfheOperatoror DriverofsuchVehicle. Thisincludesanyeffortbyuseofvoice,movementofbodyorby mechanicalcontrivanceofwhateversorttocallattentiontotheavailabilityofaVehicletocarry a passenger or baggage for hire.

Alcohol or Controlled Substance Use

NoDriver shallpossess, consume orbeunderfheinfluence ofalcohol oracontrolled substance whileondutyattheAirport. NoDrivershallconsumealcoholora controlledsubstancewithin 4 hours ofbegimiing a shift at the Aiiport. "Controlled substance" has the meaning given in Minnesota Statutes Section 152. 01, subd. 4 or as amended.

Smokine

NoDriverofaCommercialVehicleshallhaveinhisorherpossessionalightedcigarette,cigar, pipe,orlightorsmokesamewhiledrivinga CommercialVehiclewhichisoccupiedby a passenger unless such passenger shall have first granted permission to do so.

Weapons

No Driver of a Commercial Vehicle shall have m his or her possession while operating a CommercialVehicleattheAirportanyfirearm,hufewithabladelengthinexcessoffour(4) inches, or any assault weapon, unless the Driver has a pennit to cany.

Prostitution

NoDriverofanyCommercialVehicleshallallowanyPersontooccupyorusesuchVehicleforthe purposeofprostitution.NoDriverofanyCommercialVehicleshalldirectoroffertodirectany PersontoanyplaceorPersonforthepurposeofprostitution,ortotransportanyPersontoany building,placeorotherPersonwithknowledgeorreasonablecausetoknowthatthepurposeof suchtransportation isprostitution.

5.3

5. 4

5. 5

5. 6

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MAC Ordinance No. 122 Commercial Vehicle Ordinance

Effective January 1, 2017

5.7

5. 8

Discrmunation

No Operator or Driver shall discriminate against any Person based on race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, orage.

Driver Conduct

1. NoDriverofaCommercial VehicleshallinterferewithanyotherDriverwithwhomany Personisnegotiating orinquiring aboutthetransportation ofPersonsorproperty.

2. A Driverofa CommercialVehicleshallatalltimesbecourteouswhendealingwiththe public or any MAC represeutative.

3. A Driver shall not use profane or threatenmg language or gestures directed at or in front of anypassenger orMAC Representative.

SECTION6- FEES

6. 1

6.2

Annual Permit Fee

Each Operator shall pay an annual Permit Fee each year on the date as established by fhe Airport Director to purchase a Company Permit as set forth in Schedule I or as otherwise modified by the Airport Director.

Per-Trio Fee

EachOperatorpemuttedunderthisOrdinanceshallpaya Per-TripFeeforuseoftheAVI Commercial Lanes in order to support the costs described below, except that Off-Airport Auto Rental Agencies shall pay pursuant to Section 7 and Off-Airport Parking Companies shall pay fees pursuant to Section 8.

ThePer-Trip Feeshallbeestablished bytheCommission andrecover aportion ofthe Commercial Vehicles' budgeted costs for the year. When detemuning budgeted costs, the Commission shall take into consideration among other things, actual historical costs, operational costs, administration, depreciation, andinterest attributableto theAirport tenninal roadwaysystem andthe commercial groundtransportation facilities, andhistorical and projected dataregardingthe numbers oftripsbyclassortypeofCommercial Vehicle.

For the year begiiming January 1, 2017, the Per-Trip Fee shall be as set forth in Schedule I. Starting January 1, 2018, and each year thereafter, the Per-Trip Fee for the year shall be calculated by multiplying the previous year's Per-Trip Fee by the index described herein. This index shall be the averageoftheaverageperceutagechangeovertheprevious five (5) calendaryears,notincluding theimmediatepreviousyear,of(1)theConsumerPriceIndex-AllUrbanConsumers,Midwest Region, or similar CPI index, and (2) MAC'S Operating Budget Expenses as published on the MAC Website. Each year, the Coimnission shall either ratify, raise, lower, or remove this annual adjustmentofthePer-TripFeebeforesuchadjustmentgoesintoeffectatapublicmeetingand noticeofsuchmeetingsshanbeprovidedto Operatorsandindustryadvisorycommittees or councils on file with the Commission.

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MAC Ordinance No. 122 Commercial Vehicle Ordinance Effective January 1, 2017

ThePer-TripFee,andfutureincreases,maybeadjustedbytheCommissionatapublicmeetingand noticeofsuchmeetings shallbeprovidedtoOperators andindustryadvisorycommittees or councilsonfflewiththeCommission. ThePer-TripFeesshallbepostedinaccordancewith Section 10.

3. 6.3  AVITaeActivation Fee

   TheAVITagActivation FeeforeachVehicleshallbeassetforthinScheduleIorasotherwise modified by the Airport Director.

4. 6.4  Dwell Fees

   TheOperatororDriverofaCommercial Vehicleremaimng manAVICommercial Laneoran eTripLanelongerthanthedwelltimessetforthinScheduleI shallpayaDwellFeeassetforthin ScheduleI. ForpurposesofDwellFeesonly,OutstateVehiclesareconsideredClassD,ratherthan ClassI,Vehicles. DwellFeesapplytoOff-AirportParkingVehiclesandOff-AirportAutoRental Vehicles as set forth in Schedule I.

   The Airport Director may increase or decrease the Dwell Fee or the dwell time set forth in Schedule I asneededinordertoensurethatcommercialroadwaysoperateSeeofcongestion,andmaydoso to reflect differeut levels ofcongestion that may occur during the day.

5. 6.5  eTrip Lane

   EachCommercialVehiclethatdoesnothaveanactiveAVItag,shallpaya feeforeachuseoffhe eTripLane. ThefeefortheeTripLaneshallbeassetforthinScheduleIorasotherwisemodified bytheAirport Director.

6. 6.6  Collection ofFees

a. Payment

EachOperatorshallkeq)avalidbankcardonfilewiththeCommissionatalltimestopay all feesestablishedunderthisOrdinance,otherthanAuto RentalAgencyPrivilegeFees. The Commission shall charge an initial replenishment amount on Operator's bankcard to establish an account balance to be used to pay fees incurred by Operator. Whenever Operatorincursa fee,itwillbedeductedfromOperator'saccountbalance.Once Operator's account balance drops below a pre-established amount, the Coimnission shall automatically charge Operator's bankcard an amount sufScient to replemsh the balance. The Airport Director shall establish the initial and subsequent replenishment amounts and the replenishmeut threshold basedon Operator's estimated activity at the Airport and Commercial Vehicle category. The Commission shall refund any remaining balance if OperatorstopsoperatingattheAirportandOperator'sAVITagisdeactivated.

b. AVITaeDeactivation

AllAVlTagsassignedtoanOperatorwillbeautomatically deactivatedwithoutfurther noticetotheOperatorifOperator'sbankcardonfilewiththeCommissiongetsdeclined andOperatorhasexhaustedits balancewiththeCommission. TheAVITag(s) shallbe reactivatedassoonaspractical (butnotlaterthanthenextbusinessday)oncetheOperator

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6.7

6. 8

MAC Ordinance No. 122 Commercial Vehicle Ordinance EffectiveJmuaiy1, 2017

has provided a valid bankcard to the Commission that can be charged as prescribed in Section 6.6(a).

AVIHardware/Software Failure

In the event ofa hardware or software failure in the AVI system, such as a failure ofthe readers or a major system failure, the Commission may bill or charge Operator, and Operator shall pay, the Per- Trip Fee as calculated by averaging the previous three months' or three weeks usage, whichever is appropriate.

Fee Chanees and Other Fees

TheCommissionhastheauthoritytoadjustanyofthefeesinthissection.Noticeshallbeprovided as in Section 10. The Airport Director hasthe authority to establish other fees that cover reasonable administrative costs for services provided to Commercial Vehicles.

SECTION 7 - AUTO RENTAL AGENCIES

7. 1

7.2

Scope

Section7appliesonlytoAutoRentalAgaiciesasdefinedinSection1. Ifanyotherprovisionof this Ordinance conflicts with Section 7 with respect to Auto Rental Agencies, Section 7 shall govern. Provisions referring to "Operators" throughout (he Ordinance apply to Auto Rental Agencies unless specifically excluded, inconsistent with this section, or inapplicable based on context.

Auto Rental Aeencv Fees

1. Amount

   EachAgencyshallpayanAirportprivflegefeeequaltothepercentageofAutoRental GrossReceiptsofAirportTransactions setforthinScheduleI.TheCommissionhasthe authoritytoadjustthisamountandthedefimtionofAutoRentalGrossReceiptsinSection 7.2.c.whenevertheratesareadjustedforon-airportautorentalcompanies. Noticeshallbe provided as in Section 10.

2. Definition ofAiiuort Transactions

   "Airport Transactions" include all transactions arising from passengers who board the Agency'scustomercourtesyVehiclesonAirportproperty. Forpurposesofthis Section, "customercourtesyvehicles" shallincludeanyVehicleownedoroperatedby suchAgency andusedtopick-upordropofftheAgency'scustomersattheAirportasauthorizedbythis Ordinance.

3. Defmition ofAuto Rental Gross Receipts

1. General Defimtion

Auto Rental Gross Receipts means the total amount charged by Auto Rental Agency, whether by cash, credit, or otherwise, including any separately stated fees and charges, for all automobiles supplied by Agency to its customeis through

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MAC Ordinance No. 122 Commercial Vehicle Ordinance Effective January 1, 2017

Aiiport Transactions, any activities related directly to that business, and any other business ofAgency intheRental Auto Areas orelsewhere attheAirport, including but not limited to Tenninal 2-Humphrey, any other termmals, fixed base operators, and military property. Auto Rental Gross Receipts applies to such charges without regardtothemaimerinwhichorplaceatwhichtheRentalAutocontractisentered into and without regard to whether the Auto is owned, leased or otherwise held by Agency. AllrevenueisincludedinAutoReutalGrossReceiptsunlessspecifically excluded by this Agreement.

2. Example ofAuto Rental Gross^Recejpts
Auto Rental Gross Receipts include, but are not limited to:

1. Time andMileage

   The time and mileage charges paid or payable to Agency whether by cash, credit or otherwise.

2. Insurance

   Allmoniespaidorpayabletmmthesaleofpersonalaccidentinsurance, or anyinsuranceofasimilarnature,aspartofanauthorizedvehiclerautal agreement.

3. Waiver
   Fees received by Agency to waive deductibility m insurance.

4. Fuel

   All monies collected from or charges to customers asreimbursemeut for refueling an Auto returned pursuant to a rental agreement under which the customer isobligatedtoreturntheAutowithafulltankofgasorall monies collected from or charged to customers in advance for gas, pursuant to a rental agreement.

5. Intercitv Fees

   All Intercity Fees received by Agency.

6. Vehicle Exchanee

   Monies paid to Agency for Airport Transactions although the Auto initially rented is exchanged elsewhere and new contract submitted therefore.

7. Other Money Collected

   All other momes collected &om customeis (mcluding, but not limited to, monies from additional orunderage drivers, rental ofportable telephones, child restraint seats, ski racks, satellite navigation systems or other

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MAC Ordinance No. 122 Commercial Vehicle Ordinance

Effective January 1, 2017

technology,andotheritemsofpersonalproperty)exceptthosespecifically excluded by this Ordinance.

Exclusions

Unless revenues from Agency's Rental Auto business are expressly and particularly excluded fmm Auto Rental Gross Receipts under this Ordinance, such revenues shall be included in Auto Rental Gross Receipts. Receipts that may be derived irom sources similar but not identical to those described herein shall be included in Auto Rental Gross Receipts unless expressly excluded by this Ordinance. Auto Rental Gross Receipts specifically excludes:

1. Recovery ofDamages

   Charges to Agency's customers for repairs to Autos damaged by such customers to the extent such charges do not exceed the actual cost to repair or replacement.

2. Taxes

   Monies collected from Agency's customers for federal, state, county or municipal sales taxes specifically identified as such now in effect or hereinafterlevied. NodeductionfromAutoRentalGrossReceiptsshall be allowed for such items including franchise taxes, payroll taxes, vehicle license fees, or taxes levied on Agency's activities, facilities, equipment, operations, real or personal property.

3. Theft

   Uncollected chargesarisingupontheft orconversion ofAgency's Auto, unless and until such charges are collected, provided that this provision shall not apply to uncollected bad debts where Agency has not actively pursued criminal prosecution.

4. Advertisine
   Monies collected for the sale of advertising on Commercial Vehicles.

Prohibited Reductions

Agency may not reduce Auto Rental Gross Receipts by any ofthe following: i. Volume Discounts

Corporate or volume rebates unless Agency can establish for each corporate orvolume customer iavoice: (1)theamount oftherebateis specifically stated on the rental agreement at the time that the vehicle is returned; (2) that the customer has a contractual right to (he rebate; and (3) that the amount Agency claims as an exclusion from Auto Rental Gross Receipts is attributable to Airport Transactions by that corporate or volume customer. Auto Rental Gross Receipts may not be reduced by volume

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MAC Ordinance No. 122 Commercial Vehicle Ordinance EffectiveJanuary1,2017

discounts unless the discount is documented for eachtransaction andthe document is submitted with Agency's monthly report.

11. Credits for Out-of-Pocket Purchases

Credits given to Agency's customers for such things as out-of-pocket purchases ofgas,oiloremergency services, regardless ofwheremademay not be deducted fix>mAuto Rental Gross Receipts.

1U. No Diversion ofRental Auto Receipts

Diversion, through direct orindirect means, ofRental Auto revenues from the inclusion in Auto Rental Gross Receipts is prohibited. Diversion shall include, butnotbelimited to,thefollowing situations: shortage ofRental Autos for Airport Transactions while having rental vehicles available elsewhere in the Miimeapolis-St. Paul metropolitan area, renting such vehicle to a potential customer that arrived at the Airport and not including the resulting Rental Auto revenue in the Auto Rental Gross Receipts.

IV. Bad Debts

Agency shall have the right to conduct all or a part of its business on a credit basis; provided, however, that the risk of such operation shall be borne by Agency, and Agency shall include as Auto Rental Gross Receipts any charge the company customarily makes for goods and services even though Agency fails to actually collect such a charge (i. e., thereshallbenochargebacksofbaddebt).

7.3 Pavmeuts andReports Payment ofFees

Thefeesarepayableonorbeforethe15thdayofeachcalendarmonthfollowing themonth inwhichthefeewasincurred unless notified inwriting bytheCommission ofa different payment date.

Monthly Reports

EachAutoRentalAgencyshallincludewitheachmonthlypaymentofthefee,areportof the number and Auto Rental Gross Receipts for Aiiport Transactions for the previous month's rental transactions. The monthly report shall provide in the absence of sequentially numbered rental agreements, a detailed methodology ofidentifymg rental agreements thatareAirport Transactions, thenumber ofAirport Transactions closedduring themonthandtheaveragefleetsizeforthemonth. Separatereportsshallbefurnishedfor each location that provided Airport Transactions. These reports shall show a full and complete breakdown analysis ofall items included in the calculation oftotal Auto Rental Gross Receipts reported, and any other mformation deemed reasonably necessary by the Commission. ReportsbyAgenciesthatalsohavealeaseorconcessionagreementwiththe Commission shall clearly distinguish automobiles supplied to passengers at the Airport and automobiles supplied to passengers shuttled from the Aiiport to another location.

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MAC Ordinance No. 122 Commercial Vehicle Ordinance

Effective January 1, 2017

IftheAgeucydiscoversanerrorinthereport,theAgencyhas60daysbeyondthedatethe report is due to file a corrected report. This does not preclude the Commission from demanding payment as described below if the Agency has underpaid.

Inaddition,theAgencyshallonorbeforethe15thdayofeachcalendarmonth, submitthe followingcomputerdatafilesfortheprecedingcalendarmonthina formatacceptableto MAC and in a separate file for each ofthe Agency's locations operating atthe Airport electronically to MAC at mspreportsfataspmac. ore:

1. Adetailedlistingofeachclosedrentaltransactionshowingthecustomerrental agreement number, date and time that each rental was checked out and checked in, and a detailed breakdown of each separate rental charge, discount, tax and fee that was listed on each customer rental agreement.

2. An extract ofthe Agency's detailed general ledger transactions listing each entry on the general ledger accounting system or similar detailed report that is acceptable to MAC. The general ledger or alternative report must be a system- generated report that summarizes revenue transactions by location and must include at a minimum; transaction ID number, account code, transaction date, transaction description andamount.

3. A complete chart ofaccounts pertaining to datatables provided in items 1 and 2 above.

Audited Financial Statements

Each Agency shall submit by March 31" annually to the Commission Audited Statement of AuportCustomerGrossReceipts. TheexpenseofsuchauditshallbebornebytheAgency. Theauditshallbeundertaken byareputable finnofcertifiedpublicaccountants.

Late Payment Penalty

The Agency shall pay a penalty for late or delinquent payments of 18% per annum on the balance ofthe unpaid amount calculated from the date the amount is due until the close of the business day upon which the delinquent payment is received by the Commission.

Records

TheAgencyshallkeepaccurateaccounts,records,booksanddata("records")with respect to its auto rental operations m a form satisfactory to the Commission. The records shall among other things show all sales made and services performed for cash, on credit, or otherwise (without regard to whether paid or not), and, also, the Auto Rental GrossReceipts ofthebusiness, andtheaggregate amount ofallsalesservices andorders, andofallAirportTransactions onamonthlybasis. Allrecords, electronic orotherwise, shall be kept for a period of not less than six (6) years.

The records shall be kept in such a manner that the Airport Transactions are identifiable.

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7.4 Audits

TherecordsandaccountingproceduresandpracticesoftheAgencyrelevanttothisOrdinance shallbesubjecttoexaminationbytheCommissionauditor(s)and/orotherrepresentativesofthe Commission ("auditor") to conduct an audit. The Agency may elect, prepare and maintain records in a computerized format. The Agency agrees that, if any related information is maintained in a computerized format, such mformation will be made avaUable to the Commission inamutuallyacceptablefonnat. Accordingly,Agencyshallcausesuchdatatobepacked, unpacked, downloaded, uploaded, imported, exported, ta-ansferred, converted or otherwise manipulatedtotheextentnecessarytoprovidesuchdataina mutuallyacceptableformat.

TheAgencyagreestoprovideandtodelivertotheCommissionintheMnmeapolis-St.Paul Metropolitanarea,withm10workingdaysfromthedateofformalwrittenrequestbytheauditor, recordsastheCommissionmayrequest,showingtheAutoRentalGrossReceipts,salesmadeand servicesofAgencypertainingtoitsrentalautobusinessshalllikewisebeopentoinspectionby the auditor upon request. Agency agrees that in the event that the requested documeutation is not providedwithin10workingdaysfromthedateofthewrittenrequest.Agencyshallbearthe expenseoftheauditorstotraveltoandreturnfromtheAgency's corporate officetoconductthe audit.Agencyshallbeartheexpenseoflodgingfortheauditorsfortheentiredurationthatis requiredtocompletetheauditintheAgency'scorporateofficelocation.

7.5 Transactions

NoneoftherentaltransactionsarisingfromAirportpassengersshallbeconsummatedonAirport property except under agreement with the Commission.

SECTION8- OFF-AffiPORTPARHNG

1. 8.1  Scope

   Section 8 applies only to Off-Airport Parking Companies as defined in Section 1. If any other provisionofthisOrdinanceconflictswithSection8withrespecttoOff-AirportParkingCompames, Section8shallgovern. Provisionsrefemngto"Operators"throughouttheOrdinanceapplytoOff- Aiiport ParkingCompaniesunless specificallyexcluded, inconsistentwiththis section, or inapplicable based on context.

2. 8.2  Off-Airoort Parkine ComDany Fees

   EachOff-AirportParkmgCompany shallpayanOff-Airport ParkingCompanyPer-Trip Fee pursuant to Schedule I.

SECTION9- ENFORCEMENT 9.1 Violations

ThesanctionssetforthinthissectionshallapplytoPersonscommittinganyoffhefollowing (hereinafter referred to as "violations"):

a. ViolationsofthisOrdinance,oranylaws,regulationsormanualexpresslyincorporated by this Ordinance;

MAC Ordinance No. 122 Commercial Vehicle Ordinance

EffectiveJanuary1, 2017

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MAC Ordinance No. 122 Commercial Vehicle Ordinance

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2. ViolationsofanyOrdinanceoftheCommissionforwhicha criminalpenaltymaybe imposed; and

3. Violations whileonAirportproperty ofanylawoftheStateofMiimesota ortheUnited States for which a criminal penalty may be imposed.

9.2 Immediate Suspensions

1. Conduct

   The Landside Operations Department may immediately suspend a Company Penait or AVI Tag(s) for specific Vehicles, whichever is applicable, for the following reasons:

   1. Failure to maintain insurance coverage as required by this Ordmance or failure to keepevidenceofsuchcoverageonfilewiththeCommission.

   2. Failure to comply with mechamcal inspection requirements ofthis Ordinance or failure to keep evidence of such inspection on file with the Commission at all tunes.

   3. FailureofanOperatortorespondtotelephone communications bytheCommission within 12 hours provided that the Commission has attempted to establish telephone contact by calling the number on file with the Commission.

   4. UseofanAVITagonaVehiclethatisnotauthorizedbyaMACRepresentative.

   5. Violations where the failure to immediately suspend would jeopardize the health, safetyorwelfareof(hetravelingpublic. Thisincludes,butisnotlimitedto, nonfimctioning headlight(s), taiBight(s), cracked windshield, unsafe tire(s), brakes, steering mechamsm or other unsafe or dEmgerous conditions.

2. Immediate Suspension Order

   Upon finding cause for such Immediate Suspension, the Laadside Operations Departmeut shallimmediatelyissueawrittenOrderofImmediateSuspension. TheImmediate SuspensionOrdershallstatethegroundsfortheImmediate Suspensionandinformthe Operator that the Operator may present additional information to the Airport Director, if the OperatorchoosestorequestthattheAirportDirectorvacatethatorder. Ifsuchadditional information is presented to the Airport Director, the Airport Director shall consider such information and shall promptly affinn or vacate the Order ofImmediate Suspension.

c. AVITaeDeactivation

Upon the issuance of an Order for Immediate Suspension, the Commission may deactivatetheAVITagforoneormoreoftheOperator's Vehicles.

d. Duration

1. When the Immediate Suspension is for the reasons stated in Paragraph a.1. or 2. or 3. above, the Immediate Suspension shall end and the AYI Tag(s) shall be

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9. 3

MAC Ordinance No. 122 Commercial Vehicle Ordinance Effective January 1, 2017

reactivated as soon as practical (but not later than the next business day) upon remediation ofthe reasons for the Immediate Suspension.

2. When the Immediate Suspension is for the reason stated in Paragraph a.4., the Immediate Suspension shall continue and AVI Tag(s) remain deactivated for two fullbusinessdaysaftertheproblemiscorrectedandbereactivatedthefollowing businessday. DuringtheImmediateSuspension,theOperatorisnoteligibleto transfer orobtainanynewAVITag(s).

3. When the Immediate Suspension is for the reasons stated in Paragraph a. 5. above, the Immediate Suspension shall be for such time as the Landside Operations Department determines that there continues to be a threat to the health,safetyandwelfareofthepublic;providedthatiftheImmediate Suspensionperiodshallexceed7daysafterissuanceoftheOrderofImmediate Suspension, the Airport Director shall initiate proceedings for Suspension or Revocation through issuance ofanappropriate notice.

Suspensions

a.

b.

Conduct

A Company Pemiit or AVI Tags for specific Vehicles may be suspended for violations of this Ordinance.

Notice of Suspension

TheAirportDirectorshallhavetheauthoritytoissueaNoticeofSuspension. TheNotice ofSuspensionshaUsetforth:

1. thenatureoffheviolation(s) whichisthereasonfortheSuspension;

2. (he date ofthe violations);

3. the length ofthe Suspeusion;

4. the date on which the Suspension shall commence;

5. thedateoftheNoticeofSuspension; and

6. the right to a hearing.

TheAirportDirectorshallreviewanyreportbroughttohis/heratteutionandmayconduct additionalinvestigationinto suchfactsasdeemednecessaryin orderto detemiinewhether therearegroundsforissuanceofaNoticeofSuspension. ASuspensionshallcommence notearlierthan15daysfromtheissuanceofaNoticeofSuspensionor,whereahearingis requested,thefinalactionoftheCommissionsustaimngthe SuspensionunderSection9.5.

Duration

TheSuspensionshallbeforsuchtimeasisorderedbytheAirportDirectornottoexceed 6 months.

c.

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Upon the commencement of a Suspeusion, the Commission may deactivate the AVI Tag(s) for the Operator's affected Vehicle orVehicles for the length ofthe Suspension.

9.4 Revocations

1. Conduct

   A CompanyPermitorAVITag(s) forspecificVehiclesmayberevokedwhereanyone ofthe following exist:

   1. Aviolation(s) forwhichaNoticeofSuspensionmayissuewheretheviolatorhas had a previous Suspension within 12 months prior to the violation.

   2. Violations thatindicate a willful orreckless disregard for, andwhichhasan immediate impact onthehealth, safety orwelfare ofthepublic.

2. Notice of Revocation

   TheAirportDirectorshallhavetheauthoritytoissueaNoticeofRevocation. TheNotice ofRevocation shallsetforth:

   1. the nature ofthe violations) which is the reason for the Revocation;

   2. thedateoftheviolation(s);

   3. thelengthoftheRevocation;

   4. thedateonwhichtheRevocationshallcommence;

   5. thedateoftheNoticeofRevocation;and

   6. the right to a hearing.

   The Airport Director shall review any report brought to his/her attention and may conduct additional investigation into such facts as deemed necessary in order to determine whether there are grounds for issuance ofa Notice ofRevocation. A Revocation shall commence notearlierthan15daysfromtheissuanceoftheNoticeofRevocation or, whereahearingisrequested,thefinalactionoftheCommissionsustainingthe Revocation under Section 9.5.

3. Duration

   The Revocation shaU be for 2 years. The Operator shaU be eligible to reapply as follows:

1. If fhe Company Permit (applying to all the Operator's Vehicles) is revoked, the Operator shall not be granted a Company Permit for any Vehicle for a period of 2 yearsiromthedateonwhichtheRevocation commences.

MAC Ordinance No. 122 Commercial Vehicle Ordinance EffectiveJanuary1, 2017

d. AVI Tae Deactivation

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MAC OnlinanceNo. 122 Commercial Vehicle Ordinance Effective January 1, 2017

2. IftheAVITagsforfewerthanalltheOperator's VehiclesundertheCompany Pennitarerevoked, foraperiodof2yearsafterthedateonwhichtheRevocation commences, thetotalnumberofAVI-TaggedVehiclestheOperatoriseligibleto operateshallbethenumberofVehiclesunderthePermitpriortotheRevocation minus the number ofVehicles revoked.

9.5 Procedure

Theseprocedures shallapplytoPersonsreceivingaNoticeofSuspensionorRevocation but not Order for Immediate Suspension.

Any Person receiving a Notice of Suspension or Revocation ("Notice") may request a hearingbeforea HearingOfficer. Suchrequestmustbemadem writingandreceivedby

the Airport Director within twenty-one (21) calendar days after the Suspension or Revocation has been issued.

IfthePersonrequestsahearing,fheAirportDirectorshallsoadvisetheExecutive Director/CEO, whoshallappointaHearingOfficertoconductthehearing. TheHearing Officershallseta timeforsuchhearingtobeheldassoonaspractical. TheAirport DirectorshallnotifytheOperatororDriverofthetimeandplaceofthehearingnotless than seven (7) calendar days before the time set for the hearing.

The hearing shall be conducted by the Hearing Officer, shall be recorded by electrical or mechanicalrecorderorbya qualifiedreporter, andshallproceedasfollows:

1. TheAirportDirectorshallpresentevidence,whichsupportsthefactsconstituting grounds fortheNotice.

2. ThePersonrequesting thehearingmayappearinperson, mayberepresented by counsel, may cross-examine Airport Director's witnesses who arepresent, andmay presentanyrelevantevidencewhich(heOperatororDriverhasrelatingtothefacts constitutinggroundsfortheNotice. Theevidenceatthehearingshallbelimitedto thatwhichisrelevanttothefactsconstitutinggroundsfortheNotice.

3. Alltestimonyshallbetakenunderoath,butboththeAirportDirectorandthe Person requesting the hearing may introduce testimony under oath in the form of swornstatements if witnessesareunavailableorrefuseto appearin person.

4. TheHearingOfficershallhear(heevidenceandshallmakerecommended fmdings concerningthefactsandpenaltyrelevanttotheviolation(s) setforthintheNotice. The Hearing Officer shall make no recommended fmdmgs concemmg any substantive issue otherthanfhe factsimderlying theNotice.

5. The Hearing OfGcer shall issue a report in writing stating his/her recommended findings assoonaspractical following thehearing.

6. EithertheAirportDirectororthePersonrequestingthehearingmayrequestreview oftheHearingOfficer'sreportbytheExecutiveDirector/CEO/. Thereviewmust berequestedbyfilingwiththeExecutiveDirector/CEOa writtenRequestfor Reviewwithin10daysofthedateoftheHearingOfficer'sreport. TheRequestfor

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7.

MAC Ordinance No. 122 Commercial Vehicle Ordinance EffectiveJanuary1, 2017

Reviewmuststatereasonsforreversingorvacatingthereport. Thepartynot requesting review may submit a written Response to the Request for Review within

10daysofthedateoftheRequestforReview. Basedontherecordofthehearing, the Request for Review and the Response, the Executive Director/CEO shall issue a written ruling that affinns, reverses or vacates the Hearing Officer's report or modifies the penalty imposed. The Executive Director/CEO may order remand to aHearingOfficerforanewhearing,asupplementalhearingand/orforadditional findings.

Where review is requested, (he Executive Director/CEO's ruling shall be the final action ofthe Coiimiission. Where review is not requested within 10 days, the Hearing Officer's report shall bethe final action ofthe Commission.

9.6 Delayed Susoeasion RepairNotice a. Conduct

MAC Representatives may issiie to the Operator or Driver of any Commercial Vehicle a Delayed Suspension Repair Notice upon observing that the Vehicle is damaged or in need ofrepair, but which do not relate to the ability ofthe Vehicle to safely convey passengers.

Contents ofNotice
The Delayed Suspension Repair Notice shall set forth:

1. Thenatureoftheviolations).

2. Thedateonwhichtheviolation(s) tookplace.

3. Thedatebywhichtherepairofsuchviolations) musttakeplace("repairdate"), which shall beup to 30 days from the date ofthe violation.

4.

NoticethattheAVITagfortheVehicleshallbedeactivatedontherepairdate withoutfiiifhernoticeunlesstheVehiclehaspassedinspectionbya MAC Representative.

Duration

A Suspension pursuant to a Delayed Suspension Repair Notice shall be for such time until the Vehicle passes an inspection by a MAC Representative.

Other Actions Not Precluded

Any Delayed Suspension Repair Notice shall be wifhout prejudice to other enforcement actions taken under this section.

e. Review

AnyDelayedSuspensionRepairNoticeshallbereviewablebytheAirportDirectorupon wntten request.

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10. 1

10. 2

Notice to Individuals

MAC Ordinance No. 122 Commercial Vehicle Ordinance

Effective January 1, 2017

SECTION10- NOTICE

Notice as required by Section 9, or any other notice required by this Urdmance to be given to an individual or Operator, is sufficient if delivered in person, sent by U. S. mail to the last address on filewiththeCommission, ortransmittedbyE-Mail.Timeof"issuance"meanswhenthenoticeis hand delivered, placed in the mail, or E-mailed.

Posted Notice

Notice ofCommission meetings to review fees, notice ofmeetings, andnotice ofissues that affect numerous Operators shall be sufficient if posted outside the Commission meeting room or in other location reasonably calculated to provide notice. Changes to fees (that require Commission action) shall be posted in such manner 30 days prior to implementation.

SECTION 11- GENERAL PROVISIONS

11. 1

11. 2

11. 3

11.4

11. 5

Penalt

AnyPersonviolating anyoftheprovisions ofthisOrdinance shalluponconviction bepunished by sentence withm the parameters ofthe maximum penalty for nusdemeanors set forth in Miim. Stat. § 609. 03 or as amended.

Provisions Severable

IfanypartofthisOrdinanceshallbeheldunconstitutional orinvalid,thisdoesnotaffectthe validityoftheremaimngpartsofthisOrdinance. TheCommissiondeclaresitwouldhavepassed theremaiumgpartsofthisOrdinancewithouttheunenforceableprovisions.

Repealer

As ofthe effective date of(his Ordinance, Ordinance No. 111 is repealed.

Time Periods

The time periods set forth in this Ordinance shall be based on calendar days unless otherwise specified.

Effective Date
This Ordinance is effective January 1, 2017.

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Annual Pennit Fee*
Per-Trip Fee for January 1, 2017 -December 31, 2017

SCHEDULE I SCHEDULE OFFEES

MAC Ordinance No. 122 Commercial Vehicle Ordinance Effective January 1, 2017

$ 60.00 $3. 16 $50.00

$ 0.00 $ 1.00

$2.00

$8.00

AVITagActivation Fee* DweURate*'

Class I Vehicles

0 -10:59 minutes 11:00-20:59

each additional 10minute increment

$ 0.00 $1.00

$2.00

Class II Vehicles

0 - 20:59 21:00-30:59
each additional 10minuteincremeut

eTrip Lane Trip Fee*

AutoRentalAgencyPrivilegeFee 10%ofAutoRentalGrossReceipts Off-AirportParkingCompanyPer-TripFee: 2.0 times the current Per-Trip Fee

Fees are subject to annual review and adjustment by the Commission according to Section 6. 8. Check with Landside Operations for current amounts.

* These fees may be adjusted periodically by the Airport Director under Sections 6. 1, 6. 3, 6. 4, and 6. 5. Check with Landside Operations for current amounts.