17 AAC 42.095. Commercial passenger vehicle permit

(a) To operate a commercial passenger vehicle business on an airport, a person must hold a current commercial passenger vehicle permit issued under this section.

(b) A person must submit an application for a commercial passenger vehicle permit in writing to the airport manager and include

(1) a list of vehicles that the applicant proposes to operate on the airport under the commercial passenger vehicle permit; the list must include the year, make, model, license plate number and issuing state, serial number, and seating capacity, including the driver, for each vehicle;

(2) a description of the services that the applicant proposes to offer under the permit; and

(3) any application fee established under 17 AAC 42.125.

(c) The airport manager shall approve an application for a commercial passenger vehicle permit unless the manager determines that

(1) the application must be denied under 17 AAC 42.010(g) ;

(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(3) the proposed activity is not allowed under applicable law, the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550, an exclusive right the department has granted to another person, a covenant running with the airport land, or an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d) ;

(4) the proposed activity would result in a violation of applicable law; or

(5) the proposed activity is inconsistent with sound airport planning.

(d) A decision by the airport manager to deny an application for a commercial passenger vehicle permit must be in writing.

(e) A commercial passenger vehicle permit is not transferable and may not exceed a term of five years.

(f) A commercial passenger vehicle permittee shall pay the applicable fee established under 17 AAC 42.125.

(g) A commercial passenger vehicle permittee shall provide such evidence of insurance coverage for the permittee's operations on the airport as the airport manager determines appropriate under 17 AAC 42.410(b) (15), considering the number, type, and passenger capacity of the permittee's vehicles and the nature of the proposed activity.

(h) A commercial passenger vehicle permittee may not use or operate a vehicle on the airport in conjunction with a commercial passenger vehicle business unless the vehicle is listed on the permit and displays the identification described in this subsection. For each calendar year and for each vehicle listed on the permit, a permittee shall, upon payment of any applicable fee established under 17 AAC 42.125, obtain from the airport manager a sticker or other form of identification designated by the manager. The manager shall mail or deliver identification for a vehicle only to a person who has a permit at the airport, has paid any applicable fee, and has submitted the vehicle information required under (b)(1) of this section for that calendar year. A permittee shall maintain conspicuously affixed to each vehicle the current year's identification that the manager has issued for that vehicle.

(i) A commercial passenger vehicle permittee that operates a vehicle on airport property shall keep the vehicle in safe operating condition. The airport manager shall order a permittee to remove from service any vehicle of the permittee that the manager determines to be unsafe or otherwise in violation of this section.

(j) A commercial passenger vehicle permittee may park, wait, and drop off or pick up a passenger only at a premises or in an area that the airport manager has designated for that purpose.

(k) A commercial passenger vehicle permittee may cancel a permit and cease operations at the airport at any time on written notice to the airport manager.

(l) The airport manager shall, after written notice to the permittee, cancel a commercial passenger vehicle permit and invalidate all vehicle identification issued to the permittee if the manager determines that the permittee

(1) is not in compliance with the permit and has not corrected the noncompliance within 10 days after receipt of the notice; or

(2) has ceased commercial passenger vehicle operations on the airport.

(m) Cancellation of a commercial passenger vehicle permit by the airport manager must be in writing and state the reasons for the cancellation.

(n) A commercial passenger vehicle permittee may not, on the basis of the distance to be transported, refuse to transport a person who agrees to pay the appropriate fare.

(o) An applicant or commercial passenger vehicle permittee may protest the airport manager's decision to deny an application or cancel a commercial passenger vehicle permit in accordance with 17 AAC 42.910.

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

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