17 AAC 45.095. Commercial passenger vehicle permit

(a) This section applies only to airports operated by the department under 14 C.F.R. Part 139.

(b) The commissioner will designate an airport for commercial passenger vehicle permitting if the commissioner determines in writing that permitting is in the best interest of the state. In determining the best interest of the state, the commissioner will consider, in addition to the factors listed under 17 AAC 45.900,

(1) the volume of commercial passenger vehicle traffic and other vehicle traffic at the airport;

(2) the potential impact of the fees that would be imposed on commercial passenger vehicle operators and their customers if a permit were required under this section; and

(3) the estimated cost of implementing the requirements of this section at the airport as compared to the potential revenue that the department would receive.

(c) Before requiring permitting for the operation of a commercial passenger vehicle at an airport, the commissioner will give the public at least 60 days notice of the permit requirement in accordance with 17 AAC 45.400.

(d) To operate a commercial passenger vehicle business on an airport designated for permitting by the commissioner under (b) of this section, a person must hold a current commercial passenger vehicle permit issued under this section.

(e) A person must submit an application for a commercial passenger vehicle permit in writing to the department 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, vehicle identification number, and seating capacity, including each driver, for each vehicle;

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

(3) a non-refundable $50 application fee.

(f) The department will approve an application for a commercial passenger vehicle permit unless the department determines that

(1) the application must be denied under 17 AAC 45.010(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 or would result in a violation of applicable law, 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 45.010(e) ; or

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

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

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

(i) A commercial passenger vehicle permittee shall provide such evidence of insurance coverage for the permittee's operations on the airport as the department determines appropriate under 17 AAC 45.410(b) (15), considering the number, type, and passenger capacity of the permittee's vehicles and the nature of the proposed activity.

(j) A commercial passenger vehicle permittee may not use or operate a vehicle on the airport in connection 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 (k) of this section, obtain from the department a sticker or other form of identification designated by the department. The department will mail or deliver identification for a vehicle only to a person who has a permit at the airport, has paid the fee under (k) or ( l ) of this section, as applicable, and has submitted the vehicle information required under (e)(1) of this section for that calendar year. A permittee shall conspicuously affix and maintain on each vehicle the current year's identification that the department has issued for that vehicle.

(k) The department will charge a non-refundable fee for each commercial passenger vehicle permit and issue a sticker or other form of vehicle identification for each calendar year or any portion of a calendar year. The amount of the fee, which is not pro-rated to a lesser amount for any portion of a calendar year, is as follows:

(1) $75 for each vehicle with seating for up to six people, including the driver;

(2) $150 for each vehicle with seating for seven to 12 people, including the driver;

(3) $225 for each vehicle with seating for 13 to 24 people, including the driver;

(4) $300 for each vehicle with seating for 25 to 36 people, including the driver;

(5) $375 for each vehicle with seating for 37 or more people, including the driver.

(l) The department will charge a $25 fee to a permittee for a replacement vehicle permit sticker or other form of identification if

(1) a sticker or other identification is lost or damaged before it expires; or

(2) the vehicle is replaced by the permittee with another vehicle of the same seating capacity before the sticker or other identification expires.

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

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

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

(p) The department will, after written notice to the permittee, cancel a commercial passenger vehicle permit and invalidate all vehicle identification issued to the permittee if the department 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.

(q) Cancellation of a commercial passenger vehicle permit by the department will be in writing and state the reasons for the cancellation.

(r) 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.

(s) An applicant or commercial passenger vehicle permittee may protest the department's decision to deny an application or cancel a commercial passenger vehicle permit in accordance with 17 AAC 45.910.

History: Eff. 3/28/2002, Register 161

Authority: AS 02.15.020

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