740 CMR 23.00 — Commercial ground transportation services at Boston-Logan International Airport

cmr-740-23.00740 CMR 23.00Regulation

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740 CMR 23.00: COMMERCIAL GROUND TRANSPORTATION SERVICES AT BOSTON­ LOGAN INTERNATIONAL AIRPORT Section 23.01: Introduction 23.02: Definitions 23.03: All Commercial Ground Transportation Service Vehicles, Operators and Drivers 23.04: Boston Taxicabs 23.05: Suburban Taxicabs 23.06: Limousines 23.07: Motor Buses 23.08: Courtesy Vehicles 23.09: Delivery Vehicles 23.99: Penalties for Violations

740 CMR 23.00 Commercial ground transportation services at Boston-Logan International Airport

23.01 Introduction

23.01: Introduction (1) General. 740 CMR 23.01 through 23.99, contain the terms and conditions under which CommercialGround Transportation Services shall be provided at Boston-Logan International Airport. (2) Applicability. 740 CMR 23.01 through 23.99, shall apply to all Operators and Drivers who conduct Commercial Ground Transportation Services at Boston-Logan International Airport, except Operators and Drivers specifically exempted by 740 CMR 23.00. (3) Effective Date. The effective date of 740 CMR 23.00 et seq., shall be March 1, 1998.

23.02 Definitions

23.02: Definitions Alternative Fuel shall mean methanol, denatured ethanol, and other alcohols; mixtures containing 85% or more (or such other percentage, but not less than 70%, as determined by the Authority, by directive, to provide for requirements relating to cold start, safety, or vehicle functions) by volume of methanol, denatured ethanol and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials with a minimum of 20% bio-blend; electricity (including electricity from solar energy); and any other fuel the Authority determines, by directive, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits. Alternative Fuel Vehicle shall mean any Commercial Ground Transportation Service Vehicle which at all times operates solely and exclusively on Alternative Fuel. Authority shall mean the Massachusetts Port Authority, its Executive Director and designees. Automatic Vehicle Identification (AVI) shall mean the procurement, implementation, test and operation of a new state-of-the-art computerized revenue collection and automatic vehicle identification system for Logan Airport. Base Rate shall mean the Trip-based fee assessed bythe Authorityfor conducting Commercial Ground Transportation Services at Logan Airport. Boston Flat Rate Taxi Service shall mean the flat rate fees established by the Boston police department from time to time governing the operation of Boston Taxicabs. Boston Taxicab shall mean any motor Vehicle equipped with a Taximeter and licensed by the City of Boston as a taxicab for the transport of passengers for hire. Boston Taxicab Pool Areashall mean any area, on or off Logan Airport, designated by the Authority and marked by signs or other suitable means for holding and parking Boston Taxicabs.

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23.02 continued

23.02: continued Commercial Ground Transportation Service Operating Agreement shall mean the written agreement executed by and between the Authority and certain Operators authorizing such Operators to engage in Commercial Ground Transportation Service at Logan Airport. The Commercial Ground Transportation Service Operating Agreement shall contain the items, conditions, terms, restrictions, charges, fees and rates that the Authority may reasonably impose or establish. Commercial Ground Transportation Service shall mean any transportation service provided by an Operator and Driver to, at, within or from Logan Airport which includes, but is not limited to, transportation to, at, within or from the passenger terminals at Logan Airport for direct or indirect compensation and transportation provided in a Courtesy Vehicle. Commercial Ground Transportation Service Vehicle shall mean any of the following motor Vehicles which is used to provide a Commercial Ground Transportation Service to, at, within or from Logan Airport: Boston Taxicab; Courtesy Vehicle; Delivery Vehicle; Limousine; Motor Bus; and Suburban Taxicab. Commercial Ground Transportation Service Violation Notice shall mean a written notice of violation of one or more of the provisions of 740 CMR 23.00 et seq. Commercial Vehicle Stand shall mean an area at Logan Airport designated by the Authority, and marked by signs or other suitable means, where a Commercial Ground Transportation Service Vehicle reports for the purpose of picking up or discharging passengers; waitingfor hire; or transporting goods, packages, luggage or similar items, in accordance with time limits established by the Authority. Courtesy Vehicleshall mean any Commercial Ground Transportation Service Vehicle used to transport persons to, at, within or from the passenger terminals of Logan Airport incidental to any other contractual relationship with or transportation service provided by the Operator to such persons at, to, within or from Logan Airport. Courtesy Vehicle shall include, but is not limited to, the following: Authorized Courtesy Vehicle any CourtesyVehicle whichis owned, leased, operated or controlled by an Operator who does not have a valid lease, sublease, air carrier operating agreement, car rental operating agreement, commercial services operating agreement or other agreement with the Authority, excluding the Operating Agreement d e fined in 740 CMR 23.02, which permits the Operator to conduct Courtesy Vehicle services at Logan Airport. Contract Courtesy Vehicle any Courtesy Vehicle which is owned, leased, operated or controlled by an Operator who has a valid lease, sublease, air carrier operating agreement, car rental operating agreement, commercial services operating agreement or other agreement with the Authority, excluding the Operating Agreement defined in 7 4 0 C MR 23.02, which permits the Operator to conduct Courtesy Vehicle services at Logan Airport. Delivery Vehicle shall mean any Commercial Ground Transportation Service Vehicle used to transport packages, goods, luggage or similar items to, at, within or from the passenger terminals of Logan Airport. Delivery Vehicle shall include, but is not limited to, the following: Courier Vehicle - a Delivery Vehicle used to transport packages, letters, luggage, baggage, goods or other items. Service Delivery Vehicle - a Delivery Vehicle used to transport goods, packages, or needed supplies, to, a commercial tenant at Logan Airport who has a lease, sublease or concession agreement with the Authority that includes the right to deliver, or have delivered, goods, packages or needed supplies to his premises at Logan Airport and whose agreement provides for a fee assessed by the Authority for such deliveries. Driver shall mean any person who operates a Commercial Ground Transportation Service Vehicle to, at, within or from the passenger terminals of Logan Airport. Dwell Time shall mean the amount of time, as determined by the Authority, that a Commercial Ground Transportation Service Vehicle may spend at the curb of a passenger terminal at Logan Airport.

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23.02 continued

23.02: continued Dwell Time Fee shall mean a charge imposed by the Authority upon each Driver and each Operator to facilitate curb management and traffic control at one or more of the passenger terminals at Logan Airport. Ground Transportation Agent shall mean an employee of the Authority duly authorized to direct and control the movement and operation of Commercial Ground TransportationService Vehicles at Logan Airport or other areas designated by the Authority. Ground Transportation Manager shall mean an employee of the Authority within the Ground Transportation Unit who supervises the Ground Transportation Agents. Ground Transportation Unit shall meanthe operatingdepartment withinthe Authority that is responsible for the management of Commercial Ground Transportation Services at Logan Airport.

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23.02 continued

23.02: continued Hackney Officer shall mean a Police Officer who is assigned to duty at Logan Airport specifically to enforce the provisions of 740 CMR 23.00 et seq. Limousine shall mean any Commercial Ground Transportation Service Vehicle which has a designed seating capacity for no more than nine passengers (with a minimum of three seats located behind the Operator of the Vehicle); which does not have a door at the rear of the Vehicle designed to allow passenger entry or exit; and which is authorized by the Massachusetts Department of Public Utilities ("D.P.U."), Massachusetts Bay Transit Authority ("M.B.T.A."), Interstate Commerce Commission ("I.C.C."), or any governmental body of competent jurisdiction, to provide Limousine services; or any other Commercial Ground Transportation Service Vehicle which the Authority shall in its sole discretion determine to be a Limousine. Limousine shall include, but not be limited to, the following: Scheduled Limousine - A Limousine which provides Limousine service to, at, within or from Logan Airport according to a schedule on file with the Authority. Unscheduled Limousine - A Limousine which provides Limousine service, to, at, within or from Logan Airport with a prior verifiable reservation. Logan Airport shall mean Boston-Logan International Airport as defined in St. 1956, c. 465, as amended, from time to time. Long Term Waiting Area shallmeananarea at Logan Airport designated by the Authority, and marked by signs or other suitable means, for parking a Commercial Ground Transportation Service Vehicle when the Operator is not discharging or receiving passengers or parcels. Motor Bus shall mean any Commercial Ground Transportation Service Vehicle which provides Motor Bus service and is authorized by the Department of Public Utilities ("D.P.U."), Massachusetts Bay Transportation Authority ("M.B.T.A."), Interstate Commerce Commission ("I.C.C ."), or any governmental body ofcompetent jurisdiction, to transport passengers for hire over public ways. Motor Bus shall include, but is not limited to, the following: Charter Motor Bus - A Motor Bus licensed as a Charter Motor Bus by the D.P.U., M.B.T.A., or the I.C.C. and authorized thereby to transport passengers for hire as a common carrier over public ways to, at, within or from the passenger terminals at Logan Airport. Scheduled Motor Bus - A Motor Bus whic h provides bus service to, at, within or from the passenger terminals at Logan Airport according to a schedule on file with the Authority. Multiple Taxi Cab Loading shall mean a practice of loading Boston Taxicabs with persons going to different locations. This procedure shall be allowed only upon a determination by the Authority that it is required due to the existence of an emergency condition. Operating Agreement shall me a n the Commercial Ground Transportation Service Operating Agreement. Operator shall mean any person, firm, corporation or entity which owns, leases, or controls one or more Commercial Ground Transportation Service Vehicles. Any Driver who owns, leases or controls one or more Commercial Ground Transportation Service Vehicles shall also be considered an Operator for purposes of 740 CMR 23.00 et. seq. Police Officer shall mean a member of the Massachusetts State Police assigned to duty at Logan Airport. Share-A-Cab shall mean the practice of loading a single Boston Taxicab with two or more passengers who are going to the same or simila r lo cations, in accordance with procedures established by the Authority. Short Jobshallmeantransportationbya Boston Taxicab of passengers between locations within Logan Airport or other areas designated by the Authority.

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23.02 continued

23.02: continued Special Permit Parking Area shall mean an area at Logan Airport designated by the Authority, and marked by signs or other suitable means, for parking by an Operator or Driver with a special parking permit, in accordance with time limits established by the Authority. Suburban Taxicab shall mean any Commercial Ground Transportation Service Vehicle licensed pursuant to M.G.L. c. 40, § 22, by a local municipality, other than the City of Boston, or by any other governmental body of competent jurisdiction, for the transport of passengers for hire with a prior verifiable reservation. Suburban Taxicab shall include, but is not limited to, the following: Suburban Taxicab With A Medallion Or A Taxicab License Plate - a Suburban Taxicab which has been issued a medallion or taxicab license plate by the proper issuing authority of the municipality which the Vehicle serves, or a Suburban Taxicab which bears a registration plate issued by the Massachusetts Registry of Motor Vehicles or the approp ria te issuing authority, identifying the Vehicle as a taxicab. Suburban Taxicab Without A Medallion Or A Taxicab License Plate - a Suburban Taxicab which does not have a medallion or taxicab license plate and which does not bear a registration plate issued by the Massachusetts Registry of Motor Vehicles or the appropriate issuing authority, identifying the Vehicle as a taxicab. Suspension shall mean the cessation of the right of an Operator or Driver to come onto Logan Airport to pick up passengers for the purpose of providing Commercial Ground Transportation Services. Taximeter shall mean an instrument or device which is located within a BostonTaxicab and a Suburban Taxicab With A Medallion Or A Taxicab License Plate; approved by the appropriate licensing entity to be used to calculate the charge for hire, either for distance traveled, for waiting time or for both; and which displays the charge for hire by figures clearly visible to the passenger. Trip shall mean each initial entry by a Commercial Ground Transportation Service Vehicle onto Logan Airport and each subsequent entry onto the roadways within Logan Airport, which in either case, includes a stop or intent to stop at one or more of the passenger te rmina ls, as designated by the Authority, at Logan Airport. Vehicle shall mean any device by which any person or property is to be transported, carried or drawn upon land, except aircraft and railroad rolling equipment or other devices running only on stationary rails or tracks. Vehicle Permitshall mean any decal or other identification device affixed to a commercial Vehicle for purposes of identifying the Vehicle, as authorized by the Authority, to operate at Logan Airport as a Commercial Ground Transportation Service Vehicle.

23.03 All Commercial Ground Transportation Service Vehicles, Operators and Drivers

23.03: All Commercial Ground Transportation Service Vehicles, Operators and Drivers (1) Approval to Operate. (a) Each Operator shall, at his own expense and prior to engaging in Commercial Ground Transportation Services, obtain from federal, state, municipal or other governmental authorities as may have jurisdiction, all licenses, permits, consents, approvals, and other authorizations, which are necessary for conducting Commercial Ground Transportation Service to, at, within or from Logan Airport. The licenses, permits, consents, approvals and authorizations shall be in the possession of the Driver of the aforesaid Vehicles or in the Vehicles in some easily accessible place; and evidence thereof shall be placed on file with the Authority, or at such other place that the Authority may designate or require. (b) Except as provided in 740 CMR 23.04, 740 CMR 23.05(1)(b), 740 CMR 23.08(1)(b) and 740 CMR 23.09(1)(b), no Operator or Driver shall engage in Commercial Ground Transportation Services except as authorized pursuant to a current and valid Operating Agreement.

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23.03 continued

23.03: continued (c) Upon execution of the Operating Agreement, each Operator shall obtain, from the Authority, a Vehicle Permit and other Vehicle identification, as determined by the Authority, for each Commercial Ground Transportation Service Vehicle covered by the Operating Agreement. No Operator shall transfer the Vehicle Permit or other Vehicle identification from one Commercial Ground Transportation Service Vehicle to another. Each Operator shall affix the Vehicle Permit and other Vehicle identification, as determined by the Authority, to each Commercial Ground Transportation Service Vehicle, so that it is clearly visible from the exterior for examination by a Police Officer or authorized representative of the Authority. (d) No Operator or Driver shall operate, or have operated a Commercial Ground Transportation Service Vehicle without paying the charges, fees or Base Rates, as established by the Authority in its sole discretion, for all Commercial Ground Transportation Service Vehicles, except as provided in 740 CMR 23.08(1)(b) and 740 CMR 23.09(1)(b). The Base Rate payable for each Trip by a Commercial Ground Transportation Service Vehicle that is an Alternative Fuel Vehicle may be reduced by such percentage as the Authority shall determine from time-to-time. (e) The Authority shall notify the public of all charges, fees or Base Rates adopted by the Authority for conducting Commercial Ground Transportation Services, at least 30 days prior to the implementation of such charges, fees or Base Rates, by:

  1. publishing a notice of such charges, fees or Base Rates once a week for three consecutive weeks in no fewer than two newspapers having state-wide circulation in the State of Massachusetts;
  2. delivering or mailing a copy of the notice of such charges, fees or Base Rates to the last known address of each Operator known to the Authority;
  3. delivering or mailing a copy of such notice to the last known address of any person or group who has filed a written request with the Authority for notice of Authority rule making hearings, such request to be renewed annually in December; and
  4. filing a copy of the notice of such charges, fees or Base Ra te s with the Office of the Secretary of State. (2) General Operation Requirements. (a) Each Commercial Ground Transportation Service Vehicle must display, on its exterior in plain view, the name or trade name of the proper owner of the Vehicle as required by local, state or federal regulations and 740 CMR 23.00 et seq. (b) No Driver shall exceed posted or reasonable speeds when proceeding to the designated Commercial Vehicle Stands, Boston Taxicab Pool Area, or Long Term Waiting Areas. No Driver shall park in such a manner as to interfere with Vehicle or pedestrian traffic at any location on Logan Airport. (c) While in position in a designated Commercial Vehicle Stand, no Driver shall enter or occupy any other Commercial Ground Transportation Service Vehicle. (d) No Operator or Driver shall refuse to carry any person requesting service as a passenger unless such person is disorderly or presents a clear danger to public safety. (e) No Operator or Driver shall refuse service or discriminate in the provision of service to any passenger or prospective passenger on the basis of race, color, religion, sex, ancestry, national origin, age, sexual orientation, or disability. Each Operator and each Driver, where applicable, shall comply with the nondiscrimination transportation provisions of Title II and Title III of the Americans with Disabilities Act of 1990. 42 U.S.C. §§ 12141, 12181. (f) No Operator or Driver shall refuse service or discriminate in the provision of service to any passenger or prospective passenger on the basis of destination except as provided in 740 CMR 23.05(2)(d), 740 CMR 23.06(2)(c) and (d), 740 CMR 23.07(2)(c) and (d). However, if an Operator or Driver is providing a scheduled service in accordance with a schedule filed with the Authority, he may accept passengers for destinations in accordance with his schedule. (g) After delivering passengers, and before leaving Logan Airport, each Driver shall search his Commercial Ground Transportation Service Vehicle for any items which may have beenleft therein and immediately take any items found to the office of the Massachusetts State Police at Logan Airport.

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23.03 continued

23.03: continued (h) Each Operator shall keep records of all Trips made by its Commercial Ground Transportation Service Vehicles to, at, within or from Logan Airport for a period of one year. If a longer period is required by local, state or federal authorities, each Operator shall maintain the records in accordance with those regulations. Each Operator shall make the records available to the Authority upon its written request. (i) While operating a Commercial Ground Transportation Service Vehicle, each Driver shall be suitably dressed, neat and cleaninappearance, shall conduct himself in an orderly manner and shall, at all times, abide by the laws of Massachusetts with respect to driving under the influence of alcohol or other controlled substances. (j) Each Driver shall have in his possession, at all times, while operating a Commercial Ground Transportation Service Vehicle, a copy of 740 CMR 23.00 et seq., which he shall provide to a passenger upon request. Copies of 740 CMR 23.00 et seq., will be available at the Authority's office of the Ground Transportation Unit. (k) Except in an emergency, or as permitted by a Police Officer or an authorized representative of the Authority, or on leased premises where the lease agreement specifically provides for automobile repair, no Operator or Driver shall repair, cause or permit any other person to repair his C ommercial Ground Transportation Service Vehicle while within the boundaries of Logan Airport. (l) No Operator or Driver shall give or offer a Ground Transportation Manager, Ground Transportation Agent, Hackney Officer, or Police Officer a tip or other gratuity; and no Ground Transportation Manager, Ground Transportation Agent, Hackney Officer, or Police Officer shall solicit or receive a tip or gratuity from anyone in connection with Commercial Ground Transportation Services at Logan Airport. Any Operator, Driver, Ground Transportation Manager, Ground Transportation Agent, Hackne y O fficer, or Police Officer who violates this provision shall be subject to immediate discipline by the Authority. (m) Each Operator and each employee, agent, invitee or person doing business with the Operator shall conduct himself in an orderly, proper manner at all times, so as not to annoy, disturb or offend others at Logan Airport. No person shall place, throw, or drop waste, rubbish, or refuse upon the grounds or roadways of Logan Airport. (n) Each Commercial Ground Transportation Service Vehicle must be in good mechanical condition, clean, neat in appearance, sanitary and suitable for the occupancy and safety of passengers and Drivers. The vehicles must be properly equipped, insured and outfitted with all safety devices as required by federal, state or municipal laws or regulations, including 740 CMR 23.00 et seq. (o) No Operator, employee or agent, of the Operator, shall solicit, by words, gestures or otherwise, or attempt to solicit, persuade or urge any person at Logan Airport to use or hire any Commercial Ground Transportation Service Vehicle without the prior approval of the Authority. (p) Each Operator and each Driver shall charge only such passenger rates as are authorized by law and shall post the rates in a conspicuous place within the Commercial Ground Transportation Service Vehicle or, shall post, in a conspicuous place, a statement which indicates that the rate schedule is available to the passenger from the Operator or Driver upon demand. (q) Only a person designated and authorized by the Authority shall act at any time to direct the operation and movement ofCommercial Ground Transportation Service Vehicles at Logan Airport or other areas designated by the Authority. (r) No Operator or Driver shall install or have installed in or on any structure at Logan Airport, any private or public telephone booth or other communication device for any purpose without the prior written permission of the Authority. (s) A Police Officer, Hackney Officer, or any other authorized representative of the Authority shall, in accordance with applicable law, have the right, at any time a Commercial Ground Transportation Service Vehicle is on Logan Airport, to make a reasonable inspectionofthe Vehicle and Driver to insure compliance with 740 CMR 23.00 et seq. (t) Upon entering Logan Airport without passengers, baggage or parcels, or after discharging passengers, baggage or parcels at Logan Airport, each Driver of a Commercial Ground Transportation Service Vehicle shall proceed, at once by the most direct route, to the Long Term Waiting Area or the designated Commercial Vehicle Stand, or immediately leave Logan Airport.

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23.03 continued

23.03: continued (u) Each Driver of a Commercial Ground Transportation Service Vehicle which occupies a position on the designated Commercial Vehicle Stand shall, at all times until engaged for hire, remain in the front seat or at the wheel of his Vehicle, except as set forth in 740 CMR 23.06(2)(b), and shall permit no person or animal, other than a passenger for hire, to sit in or occupy any part of his Vehicle. However, a Driver may leave his Vehicle in an emergency or with the consent of a Ground Transportation Agent, an authorized Police Officer or representative of the Authority. When engaged for hire, the Driver may leave his Vehicle to assist in loading passengers and baggage into his Vehicle. No Driver shall enter the terminal buildings without the permission of the Authority. The Authority encourages all Vehicles to be non-smoking, and permits Operators and Drivers to post signs inside the Vehicle to prevent passenger smoking. (v) No Driver shall smoke in a Commercial Ground Transportation Service Vehicle, or outside such Vehicle, while in the presence of passengers. (w) Each Commercial Ground Transportation Service Vehicle, except for delivery vehicles, shall:

  1. have working air conditioning during the summer months;
  2. have a clean luggage compartment, available for luggage, that is free of grease and litter and is empty of any and all equipment except for a spare tire and jack; and
  3. when required by law to be manufactured with seat belts, have such seat belts in working order for all occupants. (x) Each Commercial Ground Transportation Service Vehicle which is not dispatched to a passenger terminal at Logan Airport by the Authority or one of its designees shall be subject to a Dwell Time Fee as determined by the Authority from time-to-time. Each Driver and each Operator of a Contract Courtesy Vehicle shall pay a charge for Dwell Time only, not withstanding the provisions of 740 CMR 23.08(1)(b). Each Driver and each Operator of a Service Delivery Vehicle shall pay a charge for Dwell Time only, not withstanding the provisions of 740 CMR 23.09(1)(b). The Dwell Time Fee which Contract Courtesy Vehicles and Service Delivery Vehicles shall be subject to will ensure more efficient curb management and traffic control at Logan Airport and is not a surcharge, fee, or Base Rate for conducting Commercial Ground Transportation Services. The Authority may establish a Dwell Time Fee upon implementation of AVI and shall provide at least 60 days advance notice after it has adopted a fee for Dwell Time. The Authority shall comply with the provisions of 740 CMR 23.03(1)(e) to provide notice to each Driver and Operator. A Dwell Time Fee shall be adopted by the Authority without the holding of public hearings.
23.04 Boston Taxicabs

23.04: Boston Taxicabs (1) Approval to Operate. (a) Except as provided in 23.04 et seq., each Operator and Driver of a Boston Taxicab shall be governed by the provisions of 740 CMR 23.01 et seq. (b) No Operator or Driver of a Boston Ta xicab shall be required to enter into an Operating Agreement with the Authority or to obtain a Vehicle Permit. However, each Operator and Driver of a Boston Taxicab shall be required to follow the rules, regulations, and directives promulgated by the Autho rity, and the rules and regulations of the Boston police department governing the operation of Boston Taxicabs. (c) If the Authority so determines, each Boston Taxicab may be required to have a Vehicle identification device as a component of an automatic Vehicle identification procedure. (d) Each Driver of a Boston Taxicab shall have a valid hackney license and shall display it on his person at all times. Each Boston Taxicab shall contain a sealed Taximeter, in good working condition, which shall be in clear view of the rear seat passengers and which shall be illuminated by a continuous light at all hours. Each Boston Taxicab shall contain a current meter rate card which shall include the taxicab medallion number and other cards or notices, as may be prescribed by the appropriate agencies, which shall be displayed conspicuously on the compartment partition of the taxicab facing the rear seat. (e) The appearance and condition of each Boston Taxicab and the appearance of each Driver of a Boston Taxicab while at Logan Airport shall be subject to the Authority’s Taxicab inspection procedures, which may be amended at the Authority’s sole discretion.

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23.04 continued

23.04: continued (2) Operation Requirements. (a) Upon entering Logan Airport without passengers, baggage or parcels, or after discharging passengers, baggage or parcels at Logan Airport, each Driver of a Boston Taxicab shall proceed, at once by the most direct route, to the designated Boston Taxicab Pool Area, or immediately leave Logan Airport. However, if a Driver of a Boston Taxicab has obtained a certification for Short Job service, after discharging passengers, he shall follow the Short Job procedure established by the Authority. (b) Each Driver of a Boston Taxicab which occupies a position on the designated Commercial Vehicle Stand shall, at all times until engaged for hire, remain in the front seat or at the wheel of his Vehicle and shall permit no person or animal, other than a passenger for hire, to sit in or occupy any part of his Vehicle. However, a Driver may leave the Vehicle in an emergency or with the consent of a Ground Transportation Agent, an authorized Police Officer or representative of the Authority. When engaged for hire, a Driver may leave his Vehicle to assist in loading passengers and baggage into his Vehicle. No Driver shall enter the terminal buildings without the permission of the Authority. (c) Each Driver of a Boston Taxicab shall park, stand or wait only in the designated taxicab line, Commercial Vehicle Stand, Boston Taxicab PoolArea or other area specifically designated for that use by the Authority. (d ) When a Driver of a Boston Taxicab leaves a Commercial Vehicle Stand or advanc e s in position, each Commercial Ground Transportation Service Vehicle at its rear shall at once move closer toward the head of the stand. (e) No Driver of a Boston Taxicab which occupies a position on the designated Commercial Vehicle Stand or in the designated taxicab line shall remove his Vehicle from its position without losing the position, except with the permission of a Ground Transportation Agent, an authorized Police Officer or representative of the Authority. (3) Pick Up and Discharge of Passengers. (a) No Driver of a Boston Taxicab shall p ick up any passengers at Logan Airport, except in proper turn from position on the designated Commercial Vehicle Stand. Each Driver of a Boston Ta xic a b shall pick up passengers only after receiving direction from a Ground Transportatio n Agent, an authorized Police Officer or representative of the Authority and after passing through the designated Boston Taxicab Pool Area. No Driver of a Boston Taxicab shall pick up passengers, after or while dropping off prior passengers, before he returns to the designated Boston Taxicab Pool Area to be dispatched to the appropriate Commercial Vehicle Stand. (b) Each Driver of a Boston Taxicab, which occupies the position at the head of the designated Commercial Vehicle Stand, shall pick up only the passengers by whom his Vehicle is engaged for hire or to whom his Vehicle is assigned by the Ground Transportation Agent, an authorized Police Officer or representative of the Authority. A passenger, however, shall retain the right to select any Boston Taxicab from the stand. (c) Multiple Loading of Boston Taxicabs shall be permitted only upon the Authority's determination that an emergency, such as an unusual shortage of taxicabs at Logan Airport exists. In such an emergency, each Driver shall comply with all directives and procedures established by the Authority. (d) Share-A-Cab opera tio ns at Logan Airport shall be conducted in accordance with the procedures and directives established by the Authority; each Driver of a Boston Taxicab shall follow these procedures and directives. (e) Except as provided in 740 CMR 23.04(3)(c) and (d), no Driver of a Boston Taxicab shall pick up or carry any other passenger after the taxicab has been occupied or engaged by a prior passenger without the consent of the prior passenger or until such prior passenger has discharged the Boston Taxicab. The prior passenger shall not be obliged or requested to pay any extra fare or fee for refusing such consent. (4) Fares Charged. (a) Except as provided in 740 CMR 23.04(4)(b), no Driver of a Boston Taxicab shall place the Taximeter in a recording position before the assigned passenger enters or engages the Vehicle; and once engaged, each Driver shall keep the Taximeter in a recording position as long as the taxicab is engaged. No Driver of a Boston Taxicab shall charge more tha n the fare recorded on the Taximeter, regardless of the number of passengers conveyed, plus any such additional charges as may be approved by the Boston police commissioner from time to time.

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23.04 continued

23.04: continued (b) No Driver of a Boston Taxicab shall charge more than the fares and rates, which include, but are not limited to, flat rates, rates for multiple loadings, metered zones and taxi vouchers, duly established by the Boston police commissioner from time to time. (c) In the event of delay of flights, airlines may issue "taxi vouchers" to passengers for their transportation. Each Driver of a Boston Taxicab may accept airline taxi vouchers as payment for hire . (d) When requested by a passenger or whenever there is a dispute over the fare, the Driver shall give the passenger a receipt which contains the Driver's name and hackney license number; the taxicab medallion number; the date and time the Driver gave the receipt; and the amount of the fare received.

23.05 Suburban Taxicabs

23.05: Suburban Taxicabs (1) Approval to Operate. (a) Except as provided in 740 CMR 23.05(1)(b) and (c), each Operator and Driver of a Suburban Taxicab shall be governed by the provisions of 740 CMR 23.01 et seq. (b) No Operator or Driver of a Suburban Taxicab With A Medallion Or Taxicab License Plate shall be required to enter into an Operating Agreement or to obtain a Vehicle Permit. However, each Operator and Driver of a Suburban Taxicab With A MedallionOr Taxicab License Plate shall be required to follow the rules, regulations, and directives promulgated by the Authority. (c) If the Authority so determines, each Suburban Taxicab With A Medallion Or A Taxicab License Plate may be required to have a Vehicle identification device as a component of an automatic Vehicle identification procedure.

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23.05 continued

23.05: continued (2) Operation Requirements. (a) While at Logan Airport, each Op e ra to r and each Driver of a Suburban Taxicab With A Medallion Or Taxicab License Plate shall accept passengers only upon a prior verifiable reservation. (b) Upon entering Logan Airport without passengers, baggage or parcels, or after discharging passengers, baggage or parcels at Logan Airport, each Driver of a Suburban Taxicab With A Medallion Or Taxicab License Plate shall proceed, at once by the most direct route, to the Long Term Waiting Area or Commercial Vehicle Stand specifically designated for Suburban Taxicabs, or immediately leave Logan Airport. (c) Each Driver of a Suburban Taxicab With A Medallion Or Taxicab License Plate which occupies a position on the designated Commercial Vehicle Stand shall, at all times until engaged for hire, remain in the front seat or at the wheel of his Vehicle and shall permit no person or animal, other than a passenger for hire, to sit in or occupy any part of his Vehicle. However, a Driver may leave his Vehicle in an emergency or with the consent of a Ground Transportation Agent, an authorized Police Officer or representative of the Authority. When engaged for hire, the Driver may leave his Vehicle to assist in loading passengers and baggage into his Vehicle. No Driver shall enter the terminal buildings without the permission of the Authority. (d) Each Operator and each Driver of a Suburban Taxicab Without A Medallion Or Taxicab License Plate shall be governed by the operation provisions of 740 CMR 23.06(2)(a), (b) and (d).

23.06 Limousines

23.06: Limousines (1) Approval to Operate. Each Operator and each Driver of a Limousine shall be governed by the provisions of 740 CMR 23.01 et seq. (2) Operation Requirements. (a) Upon entering Logan Airport without passengers, baggage or parcels, or after discharging passengers, baggage or parcels at Logan Airport, each Driver of a Limousine shall proceed, at once by the most direct route, to the Long Term Waiting Area or Commercial Vehicle Stand specifically designated for Limousines, or immediately leave Logan Airport. (b) Each Driver of a Limousine which occupies a position on the designated Commercial Vehicle Stand shall, at all times until engaged for hire, remain in his Vehicle or stand by his Vehicle and shall permit no person or animal, other than a passenger for hire, to sit in or occupy any part of his Vehicle. However, a Driver may leave his Vehicle in an emergency or with the consent of a Ground Transportation Agent, an authorized Police Officer or representative of the Authority. When engaged for hire, the Driver may leave his Vehicle to assist in loading passengers and baggage into his Vehicle. No Driver shall enter the terminal buildings without the permission of the Authority. (c) While at Logan Airport, each Operator and each Driver of a Scheduled Limousine shall accept as passengers for hire only persons whose destinations are authorized stopping points on routes prescribed by the terms of the certificate, permit or license under which the Limousine is authorized to operate. (d) Each Operator and each Driver of an Unscheduled Limousine shall accept passengers only upon a prior verifiable reservation.

23.07 Motor Buses

23.07: Motor Buses (1) Approval to Operate. Each Operator and each Driver of a Motor Bus shall be governed by the provisions of 740 CMR 23.01 et seq. 7/1/93 740 CMR - 79

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23.07 continued

23.07: continued (2) Operation Requirements. (a) Upon entering Logan Airport without passengers, baggage or parcels or after discharging passengers, baggage or parcels at Logan Airport at the designated Commercial Vehicle Stand, each Driver of a Motor Bus shall proceed, at once by the most direct route, to the Long Term Waiting Area or designated Commercial Vehicle Stand for Motor Buses, or immediately leave Logan Airport. (b) Each Driver of a Motor Bus which occupies a position on the designated Commercial Vehicle Stand shall, at all times until engaged for hire, remain in the front seat or at the wheel of his Vehicle and shall permit no person or animal, other than a passenger for hire, to sit in or occupy any part of his Vehicle. However, a Driver may leave the Vehicle in an emergency or with the consent of a Ground Transportation Agent, an authorized Police Officer or representative of the Authority. When engaged for hire, the Driver may leave his Vehicle to assist in loading passengers and baggage into his Vehicle. No Driver shall enter the terminal buildings without the permission of the Authority. (c) While at Logan Airport, each Operator and each Driver of a Scheduled Motor Bus shall accept as passengers for hire only persons whose destinations are authorized stopping points on routes prescribed by the terms of the certificate, permit or license under which the Motor Bus is authorized to conduct scheduled service. (d) While at Logan Airport, each Operator and each Driver of a Charter Motor Bus shall accept as a passenger for hire only persons who have chartered the Vehicle according to appropriate state, municipal and federal regulations governing charter passenger service. (e) No Driver of a Charter Motor Bus shall leave the Long Term Waiting Area or Commercial Vehicle Stand designated for Charter Motor Buses until all passengers and baggage are ready for boarding or until directed by the Authority.

23.08 Courtesy Vehicles

23.08: Courtesy Vehicles (1) Approval to Operate. (a) Except as provided in 740 CMR 23.08(1)(b) and (c), each Operator and each Driver of a Courtesy Vehicle shall be governed by the provisions of 740 CMR 23.01 et seq. (b) No Operator or Driver of a Contract Courtesy Vehicle shall be required to enter into an Operating Agreement pursuant to 740 CMR 23.03(1)(b), or pay a surcharge, fee or the Base Rate for Commercial Ground Transportation Services at Logan Airport beyond the fees required by existing agreements with the Authority as such agreements may from time to time be amended. No Operator or Driver shall solicit or transact car rental business at Logan Airport except as authorized pursuant to a current and valid agreement specifically permitting such activities. However, each Operator and each Driver of a Contract Courtesy Vehicle shall be required to comply with 740 CMR 23.00 et seq., and other applicable regulations, procedures and directives promulgated by the Authority. The Authority may issue to the Operator of a Contract Courtesy Vehicle an identification decal rather than a Courtesy Vehicle Permit, which shall be displayed in a conspicuous place on each Contract Courtesy Vehicle conducting Commercial Ground Transportation Services at Logan Airport. (c) If the Authority so determines, each Contract Courtesy Vehicle shall be required to have a Vehicle identification device as a component of an Automatic Vehicle Identification procedure. (2) Operation Requirements. (a) Upon entering Logan Airport without passengers or after discharging passengers at the designated Commercial Vehicle Stand, each Driver of a Courtesy Vehicle shall proceed, by the most direct route, to the Long Term Waiting Area, Commercial Vehicle Stand or other area specifically designated for Courtesy Vehicles, return to the Operator's leased premises on Logan Airport, or immediately leave Logan Airport. 7/1/93 740 CMR - 80

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23.08 continued

23.08: continued (b) Each Driver of a Courtesy Vehicle which occupies a position on the designated Commercial Vehicle Stand shall, at all times until engaged for hire, remain in the front seat or at the wheel of his Vehicle and shall permit no person or animal other than a passenger for hire, to sit in or occupy any part of his Vehicle. However, a Driver may leave his Vehicle in an emergency or with the consent of a Ground Transportation Agent, an authorized Police Officer or representative of the Authority. When engaged for hire, the Driver mayleave his Vehicle to assist in loading passengers and luggage into his Vehicle. No Driver shall e nte r the te rminal buildings without the permission of the Authority. (c) While at Logan Airport, each Operator and each Driver of an Authorized Courtesy Vehicle shall accept as passengers only persons with whom the Operator has agreed to provide transportation services to, at, within or from Logan Airport incidental to another contractual relationship with or transportation service provided by the Operator to such persons.

23.09 Delivery Vehicles

23.09: Delivery Vehicles (1) Approval to Operate. (a) Except as provided in 740 CMR 23.09(1)(b) and (c), each Operator and each Driver of a Delivery Vehicle shall be governed by the provisions of 740 CMR 23.01 et seq. (b) No Operator or Driver of a Service Delivery Vehicle shall be required to enter into an Operating Agreement pursuant to 740 CMR 23.03(1)(b), or to pay a surcharge, fee or the Base Rate for CommercialGround Transportation Services at Logan Airport. However, each Operator and each Driver of a Service Delivery Vehicle shall be required to comply with 740 CMR 23.00 et seq., and other applicable regulations, procedures and directives promulgated by the Authority. The Authority may issue an Operator of a Service Delivery Vehicle an identification decal rather than a Delivery Vehicle Permit, which shall be displayed in a conspicuous place on each Service Delivery Vehicle conducting Commercial Ground Transportation Services at Logan Airport. (c) If the Authority so determines, each Service Delivery Vehicle shall be required to have a Vehicle identification device as a component of an Automatic Vehicle Identification procedure. (2) Operation Requirements. (a) While at Logan Airport, each Driver of a Service Delivery Vehicle shall deliver packages or other items only to the commercial p remises serviced by the Operator for whom he is driving. Each Driver of a Servic e De live ry Vehicle shall only accept packages or cargo from the commercial premises serviced by the Operator. (b) Upon entering Logan Airport, each Driver of a Delivery Vehicle shall park in the Special Permit Parking Area or at a designated Commercial Vehicle Stand. Each Driver of a Delivery Vehicle shall thereafter proceed, at once by the most direct route, to the area specifically designated for Delivery Vehicles, return to the commercial premises of the Operator for whom he is driving on Logan Airport, or immediately leave Logan Airport.

23.99 Penalties For Violations

23.99: Penalties For Violations (1) 740 CMR 23.00 et seq. shall delete and replace 740 CMR 21.53 and 740 CMR 21.99(3)(a). (2) For failure to comply with 740 CMR 23.00 et seq., an Operator or a Driver shall be punished for each violation listed below either by a warning, a fine not to exceed $50.00 or Suspension from Logan Airport: 7/1/93 740 CMR - 81

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23.99 continued

23.99: continued CODE NO. VIOLATION FINE

  1. Operating or standing without an Operating Agreement $50.00
  2. Operating or standing without a hackney license Suspension
  3. Failing to report to the designated Commercial

Vehicle Stand $25.00

  1. Failure to report to designated pool $25.00
  2. Standing outside of Vehicle without authorization $25.00
  3. Standing outside of Vehicle and in terminal

without authorization $25.00

  1. Picking up passenger without authorization $25.00
  2. Refusing to pick up designated passenger

without authorization $50.00

  1. Operating or standing with unauthorized passenger

in Vehicle $50.00

  1. Unauthorized soliciting $50.00
  2. Offering gratuities Suspension
  3. Operating or standing without trade name/ me d a llio n visib le o n Ve hic le S us p e nsio n
  4. Operating or standing without proper dress Suspension
  5. Operating or standing without proper equipment Suspension
  6. Operating or standing without a Vehicle Permit $25.00
  7. Overcharging Suspension
  8. Other $25.00 (3) Persons who are subject to warnings, fines, Suspensions and penalties. Any Operator or Driver may be fined, suspended or warned that he may be fined or suspended for violating one or more of the provisions of 740 CMR 23.00 et seq. (4) Persons authorized to warn, fine or suspend Commercial Ground Transportation Service Operators and Drivers. (a) Only a Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee may warn, fine or suspend an Operator or Driver for violating a provision of 740 CMR 23.00 et seq., upon determination that the Operator or Driver has violated one or more of the provisions of 740 CMR 23.00 et seq. (b) The Authority may determine, at its sole discretion, that Ground Transportation Agents may only issue warnings to Drivers of Boston Taxicabs or Suburban Taxicabs With A Medallion Or Taxicab License Plate for violating one or more of the provisions of 740 CMR 23.00 et seq. (5) Warnings. (a) Ifa Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee warns an Operator or Driver that he has violated one or more of the provisions of 740 CMR 23.00 et seq., the Police Officer, Hackney Officer, Ground Transpo rta tion Manager, Ground Transportation Agent, the Executive Director or his designee shall notify the Operator or Driver, in writing, that he has been warned for violating one or more of the provisions of 740 CMR 23.00 et seq. Where the Driver is an agent, employee or representative of an Operator, the Ground Transportation Unit shall also notify the Operator of the violation. (b) The written notice shall be in the form of a Commercial Ground Transportation Service Violation Notice as designated by the Ground Transportation Unit. The notice shall inform the Operator or Driver of the time, place, date and nature of the violation and inform him of the fine associated with the violation. The notice shall also info rm him of his right to an administrative hearing to dispute the warning and his obligation to request such a hearing before the Executive Director or his designee within 30 days of the date of the warning. 7/1/93 740 CMR - 82

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23.99 continued

23.99: continued (c) Upon determining that an Operator or Driver had received a warning and has requested an administrative hearing to dispute the warning, the Ground Transportation Unit shall schedule a hearing to determine whether the Executive Director or his designee shall either affirm or dismiss the warning. If the Ground Transportation Unit schedules a hearing for the Operator or Driver, the Ground Transportation Unit shall give the Operator or Driver written notice of the time, date, place and purpose of the hearing within a reasonable time before the date of the hearing. If the Operator or Driver receives written notice of the time, date, place and purpose of the hearing and he fails to attend the hearing, such failure may constitute a waiver of the right of the Operator or Driver to dispute the warning. At the conclusion of the hearing, the Executive Director or his designee shall provide the Operator or Driver and the appropriate representative of the Ground Transportation Unit with written notice of the decision. (6) Fines. (a) Any Operator or Driver who is fined for violating one or more of the provisions of 740 CMR 23.00 et seq. shall pay the fine or request a hearing to dispute the fine within 30 days of the date the fine was issued. If an Operator or Driver fails to pay or dispute a fine within 30 days of date the fine was issued, the fine shall automatically increase by a $5.00 penalty. (b) If an Operator or Driver fails to pay the fine within 45 days of the date the fine was issued or fails to request a hearing to dispute a fine within 30 days of the date of the fine, the fine shall automatically increase by a $15.00 penalty. (c) If a Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee fines an Operator or Driver for violating one or more of the provisions of 740 CMR 23.00 et seq., the Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee shall notify the Operator or Driver, in writing, that he has been fined for violating one or more of the provisions of 740 CMR 23.00 et seq. Where the Driver is an agent, employee or representative of an Operator, the Ground Transportation Unit shall also notify the Operator of the violation. (d) The written notice shall be in the form of a Commercial Ground Transportation Service Violation Notice as designated by the Ground Transportation Unit. The notice shall inform the Driver or Operator of the time, place, and date and nature of the violation; inform him of his right to pay the fine within 30 days of the date of the fine; inform him of the instructions for the return of the violation; inform him of his right to an administrative hearing to dispute the violation and his obligation to request such a hearing within 30 days of the date of the fine. The notice shall also inform the Operator or Driver that his failure to pay the fine or request a hearing within the designated time period, will subject him to penalties, pursuant to 740 CMR 23.99 et seq., and may constitute a waiver of his right to contest the fine. (e) If, within 30 days of the date the fine was issued, the Operator or Driver requests a hearing pursuant to 740 CMR 23.99(6)(a), the Ground Transportation Unit shall schedule a hearing to determine whether the Executive Director or his designee shall either affirm or dismiss the fine. If the Ground Transportation Unit schedules a hearing for the Operator or Driver, the Ground Transportation Unit shall give the Operator or Driver written notice of the time, date, place and purpose of the hearing within a reasonable time before the date of the hearing. If the Operator or Driver receives written notice of the time, date, place and purpose of the hearing and he fails to attend the hearing, such failure may constitute a waiver of the right of the Operator or Driver to dispute the fine. At the conclusion of the hearing, the Executive Director or his designee shall provide the Operator or Driver and the appropriate representative of the Ground Transportation Unit with written notice of the decision. (7) Temporary Suspensions. (a) Any Operator or Driver who is temporarily suspended, prior to an administrative hearing, for violating one or more of the provisions of 740 CMR 23.00 et seq., shall immediately be precluded from picking up passengers at Logan Airport for a period (not to exceed 24 hours from the date of the violation) designated by the Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee who suspended the Operator or Driver. 7/1/93 740 CMR - 83

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23.99 continued

23.99: continued (b) Ifa Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee temporarily suspends an Operator or Driver for violating one or more of the provisions of 740 CMR 23.00 et seq., the Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee shall notify the Operator or Driver, in writing, that he has been suspended for violating a provision of 740 CMR 2 3 . 0 0 et seq. Where the Driver is an agent, employee or representative of an Operator, the Ground Transportation Unit shall also notify the Operator of the violation. (c) The written notice shall be in the form of a Commercial Ground Transportation Service Violation Notice as designated by the Ground Transportation Unit. The notice shall inform the Operator or Driver of the time, place, date and nature of the violation; and inform him of his right to a hearing before the Executive Director or his designee to dispute the temporary Suspension. (d) Any Operator or Driver who is temporarily suspended pursuant, to 740 CMR 23.99(7)(a), for violating one or more of the provisions of 740 CMR 23.00 et seq., shall have the right to an administrative hearing before the Executive Director or his designee to dispute the temporary Suspension. To dispute a temporary Suspension, an Operator or Driver shall request an administrative hearing no earlier than the next business day following the date of the temporary Suspension. The Executive Director or his designee shall schedule a hearing for the next business day following its receipt of the request for a hearing by the Operator or the Driver. (e) If the Executive Director or his designee schedules a hearing pursuant to 740 CMR 23.99(7)(d), the Executive Director or his designee shall schedule the hearing for a time mutually convenient for the Operator or Driver and the appropriate Ground Transportation Unit representative and give both partie s written notice of the time, date, place and purpose of the hearing as soon as practicable. If the Operator or Driver receives written notice of the date, time, place and purpo se of the hearing scheduled pursuant to 740 CMR 23.99(7)(d) and he fails to attend the hearing, such failure may constitute a waiver of the right of the Operator or Driver to dispute the temporary Suspension. At the conclusion of the hearing, the Executive Director or his designee shall provide the Operator or Driver and the appropriate representative of the Ground Transportation Unit with written notice of the d e c isio n. At the conclusion of the hearing, the Executive Director or his designee shall provide the Operator or the Driver and the appropriate representative of the Ground Transportation Unit with written notice of the decision which may include further suspension for a period not-to-exceed 60 calendar days. (8) Penalty for Multiple Violations or Multiple Warnings. (a) An Operator or Driver will be deemed to have received multiple violations or multip le warnings if:

  1. the Operator or Driver makes 1-499 Trips onto Logan Airport per month, and receives five violations or warnings within a 12-month period (beginning January 1st);
  2. the Operator or Driver makes 500-999 Trips onto Logan Airport per month, and receives ten violations or warnings within a 12-month period (beginning January 1st);
  3. the Operator or Driver makes at least 1000 Trips onto Logan Airport per month, and receives 20 violations or warnings within a 12-month period (beginning January 1st). (b) Upon determining that an Operator or Driver has committed multiple violations or has received multiple warnings within a 12 month period (beginning January 1st of each year), the Ground Transportation Unit may request, in writing, that the Executive Director or his designee schedule a hearing to determine whether the Executive Director or his designee shall suspend the Operator or Driver for a period not-to-exceed 60 calendar days, or shall issue a fine no t- to - e xceed $500.00. The request for Suspension shall be in the form of a "request fo r Suspension for multiple violations" as designated by the Ground Transportation Unit. The request shall state the date of the request; the name of the Operator or Driver who is the subject of the request; and the reason for the request for Suspension. The request shall also indicate that the Ground Transportation Unit send a copy of the request, certified mail, to the subject Operator or Driver. 7/1/93 740 CMR - 84

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23.99 continued

23.99: continued (c) Within a reasonable time after receipt of the request, the Executive Director or his designee shall schedule a hearing to determine whether the Operator or Driver shall be suspended or fined for multiple violations or multiple warnings. The Executive Director or his designee shall notify the Operator or Driver and the Ground Transportation Unit, in writing, of the reason for the request for S usp e nsio n for multiple violations and the date, time and place for the hearing within a reasonable time before the date of the hearing. If the Operator or Driver receives written notice of the date, time, place and purpose of the hearing and fails to attend the hearing, such failure may constitute a waiver of the right of the Operator or Driver to contest the decision. At the conclusion of the hearing, the Executive Director or his designee shall provide the Operator or Driver and the appropriate representative of the Ground Transportation Unit with written notice of the decision. (9) Termination or Suspension Pursuant to Operating Agreement. In addition to the procedures set forth in 740 CMR 23.99 et seq., the Authority may suspend an Operator or terminate an Operator's Operating Agreement pursuant to the terms and conditions set forth in the Operating Agreement. (10) Hearings. All hearings shall be conducted pursuant to procedures established by the Authority and in accordance with M.G.L. c. 30A. REGULATO RY AUTHO RITY 740 CMR 23.00: St. 1956, c. 456. 7/1/93 740 CMR - 85

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