4-68 Commercial ground transportation; permit required; application; requirements; expiration

Sec. 4-68. Commercial ground transportation; permit required; application; requirements; expiration.

A. No person may engage in commercial ground transportation, including the commercial activity of picking up or dropping off a passenger at an airport, without a valid commercial ground transportation permit, except a person who engages in commercial drop-offs only or except as specified in Sections 4-82 and 4-84.

B. Commercial ground transportation permit application. An applicant for a commercial ground transportation permit or renewal shall complete or update an application form provided by the Aviation Director and shall provide information and certifications deemed necessary by the Aviation Director, including:

1. The name, address, and billing address of the applicant.

2. A list of authorized signers and designated local points of contact.

3. An acceptable certificate of automobile liability insurance with at least the minimum amounts of coverage required by Arizona law and airport rules and regulations.

4. An indemnification agreement in favor of the City of Phoenix.

5. A statement of whether the applicant will operate on a prearranged or courtesy basis.

6. A certification that all statements of the applicant are true and complete, and an acknowledgment that any falsification or material omission will void the permit.

7. A statement that the applicant complies with all applicable Federal, State, and local laws, including the Americans with Disabilities Act, 42 U.S.C. Secs. 12101 et seq., and Section 504 of the Rehabilitation Act, and that the applicant will provide accessible ground transportation to customers protected by these laws or, if unable to do so, make alternative arrangement for accessible transportation within 30 minutes after learning of the customer’s needs.

8. A statement indicating whether the applicant will use automated vehicle identification (AVI), global positioning satellite (GPS) technology, or other technology approved by the Aviation Director to track the motor vehicle(s) to be used for commercial activity on an airport.

9. A statement indicating which of the background check options in subsection (C)(1) of this section the applicant will require drivers operating under the applicant’s permit to complete.

10. A statement that the applicant will require all authorized signers and designated local points of contact to undergo background checks as prescribed in airport rules and regulations.

11. A statement that all vehicles operated on behalf of the applicant will undergo and pass an industry standard inspection, as designated by the Aviation Director, at a minimum of once every 12 months.

12. A statement indicating whether the applicant will use a vehicle decal, issued by the Aviation Director, or a valid trade dress, approved by the Aviation Director, for vehicles operated under the applicant’s permit.

13. An applicant applying to operate using trade dress for vehicle identification shall provide a sample of its trade dress to the Aviation Director with the permit application.

14. A statement indicating which driver identification method, as described in Section 4-69, the applicant will require drivers operating under the applicant’s permit to use.

15. A statement verifying applicant and all drivers operating under the applicant’s permit have been informed of and will comply with airport rules and regulations.

C. Permittee requirements.

1. Permittee may only use one of the following options for all drivers operating under that permittee’s permit:

a. A permittee that uses the Aviation Department criminal history records check with security threat assessment background check for all drivers and authorized signers operating under that permittee’s permit shall do so in accordance with the following:

(1) Applicant shall have each driver and authorized signer operating under permittee’s permit go to the Aviation Department offices to submit one full set of fingerprints;

(2) Applicant shall submit documents that establish identity, employment eligibility, and citizenship status in accordance with 49 C.F.R. Part 1542 and other Department of Homeland Security Transportation Security Administration (TSA) requirements, including security directives, and shall be required to obtain authorization from the TSA in compliance with the requirements of the security threat assessment;

(3) The criminal history records check shall be designed to identify, at a minimum, the crimes identified in 49 C.F.R. 1542.209(d); and

(4) The Aviation Department will submit or electronically transmit all completed fingerprint cards to the Department of Public Safety, appropriate Federal agency, or other authorized agency or contractor to conduct a criminal history records check. Criminal history records checks conducted by the Department of Public Safety will be conducted pursuant to Section 41-1750, Arizona Revised Statutes, and Public Law 92-544, as amended. The Department of Public Safety is authorized to exchange the submitted fingerprint card information with the Federal Bureau of Investigation for a national criminal history records check.

b. A permittee that uses the enhanced third-party name-based background check for all drivers and authorized signers operating under that permittee’s permit shall do so in accordance with the following:

(1) The background check shall include a local and national criminal background check that includes a search of a multijurisdictional criminal records locator or similar, validated commercial nationwide database and a national sex offender registry database;

(2) The background check shall be conducted at least once every two years by a consumer reporting agency accredited by the National Association of Professional Background Screeners;

(3) Data point identifiers shall include, at a minimum, the name, date of birth, address, and social security number of the applicant;

(4) The background check shall include an adjudication process;

(5) The background check shall be designed to identify any criminal history for a minimum of the past ten years;

(6) The background check shall be designed to identify, at a minimum, the crimes identified in 49 C.F.R. 1542.209(d);

(7) The permittee shall obtain authorization from the TSA in compliance with the requirements of the security threat assessment for anyone operating under permittee’s permit; and

(8) The permittee shall permit the Aviation Director to conduct a random monthly background check audit, at any time throughout the term of the commercial ground transportation permit, of up to ten percent of the pool of drivers operating under that permittee’s permit, who have made a pick-up or drop-off at an airport in the month preceding the audit request date. The audit will be conducted as follows:

(A) The audit will be performed by a third party accredited by the National Association of Professional Background Screeners and selected by the Aviation Director;

(B) The Aviation Director will provide permittee with a list of driver names or unique driver identification numbers. Any driver declining to consent to a background check will be ineligible to conduct pick-ups or drop-off at an airport until the consent is granted;

(C) Permittee shall provide identifying information, which shall include, at a minimum, the name, date of birth, address, and social security number, for the drivers selected by the Aviation Director to the third-party background check provider;

(D) Permittee shall certify to the Aviation Director, in a manner approved by the Aviation Director, the results of the audit; and

(E) In the event that an audited driver fails the background check according to the criteria in subsection (C)(3) of this section, the permittee shall remove the driver’s authority to operate on an airport within 24 hours.

c. A permittee that uses the name-based background check for all drivers operating under permittee’s permit shall do so in accordance with the following:

(2) Data point identifiers shall include, at a minimum, the name, address, age, and driver’s license number;

(3) The background check shall include an adjudication process; and

(4) The permittee shall permit the Aviation Director to conduct a random monthly background check audit, at any time throughout the term of the commercial ground transportation permit, of up to ten percent of the pool of drivers operating under that permittee’s permit, who have made a pick-up on an airport in the month preceding the audit request date. The audit will be conducted as follows:

(A) The audit will be performed by a third party accredited by the National Association of Professional Background Screeners and selected by the Aviation Director;

(C) Permittee shall provide identifying information, which shall include, at a minimum, the name, address, age, and driver’s license number, for the drivers selected by the Aviation Director to the third-party background check provider;

(D) Permittee shall certify to the Aviation Director, in a manner approved by the Aviation Director, the results of the audit; and

(E) In the event that an audited driver fails the background check according to the criteria in subsection (C)(4) of this section, the permittee shall remove the driver’s authority to operate on an airport within 24 hours.

2. Any permittee that uses the background check option identified in subsection (C)(1)(a) of this section shall not allow anyone to operate under that permittee’s permit who:

a. Is identified as a disqualified individual as set forth in 49 C.F.R. Part 1542; or

b. Is identified as a disqualified individual as set forth in Department of Homeland Security Transportation Security Administration requirements, including security directives.

3. Any permittee that uses the background check option identified in subsection (C)(1)(b) of this section shall not allow anyone to operate under its permit who:

a. Has had more than three moving violations, or one major violation, pursuant to Title 28, Arizona Revised Statutes, in the preceding three years. Major violations include attempting to evade the police, reckless driving or driving on a suspended or revoked license; or

b. Has been convicted within the preceding ten years of violation of Section 13-706, 28-1381, 28-1382 or 28-1383 or Title 13, Chapter 14, 19, 22, 23, 34 or 35.1, Arizona Revised Statutes, or a violation of any crime identified in 49 C.F.R. 1542.209(d); or

c. Is listed in a national sex offender registry database.

4. Any permittee that uses the background check option identified in subsection (C)(1)(c) of this section shall not allow anyone to operate under its permit who:

b. Has been convicted within the preceding seven years of violation of Section 13-706, 28-1381, 28-1382 or 28-1383 or Title 13, Chapter 14, 19, 22, 23, 34 or 35.1, Arizona Revised Statutes; or

c. Is listed in a national sex offender registry database.

5. Any permittee that uses the background check option identified in subsection (C)(1)(a) of this section shall remove a driver’s authority to operate under that permittee’s permit within 24 hours of discovering that the driver’s background check no longer complies with subsection (C)(1)(a) or (C)(2) of this section.

6. Any permittee that uses the background check option identified in subsection (C)(1)(b) of this section shall remove a driver’s authority to operate under permittee’s permit within 24 hours of discovering that the driver’s background check no longer complies with subsection (C)(1)(b) or (C)(3) of this section.

7. Any permittee that uses the background check option identified in subsection (C)(1)(c) of this section shall remove a driver’s authority to operate under that permittee’s permit within 24 hours of discovering that the driver’s background check no longer complies with subsection (C)(1)(c) or (C)(4) of this section.

8. Permittee shall require authorized signers and designated local points of contact to undergo background checks as prescribed in airport rules and regulations.

9. Permittee shall ensure that each driver operating under that permittee’s permit obtains a driver’s identification media as provided in Section 4-69 and has a physical or virtual waybill for each pick-up. Permittee shall require that drivers make that identification media and waybill available to airport representatives upon request.

10. A permittee that uses trade dress shall require each driver operating under that permittee’s permit to display the permittee’s trade dress, approved by the Aviation Director, at all times while on an airport and that the driver will make available to airport representatives, upon request, a waybill indicating a transaction that matches the permittee’s trade dress.

11. Permittee shall ensure each vehicle operated under that permittee’s permit has undergone and passed an industry standard inspection, as designated by the Aviation Director, within the previous 12 months. Permittee shall allow the Aviation Director to conduct an audit, at any time throughout the term of the commercial ground transportation permit, of the vehicle inspection records.

12. Any permittee that uses GPS trip tracking shall electronically notify airport representatives of the tracking information required by the Aviation Director, including the driver’s unique identifier, immediately upon the driver entering on an airport. Permittees using GPS trip tracking shall make available to the City upon request the name of the driver associated with the driver’s unique identifier.

13. Except as approved by the Aviation Director, any permittee that uses GPS trip tracking shall disable its mobile application’s functionality and ability for a driver operating under that permittee’s permit to accept a reservation while that driver is on an airport within the geofence established by the Aviation Director, unless the driver is in a designated waiting area.

14. Any permittee that uses GPS trip tracking shall provide clear wayfinding directions to passengers who are being picked up on an airport, through the permittee’s mobile application, to direct them to the proper pick-up location. Upon written notice from the Aviation Director of any nonconformity with this section, the permittee shall take all steps necessary to remedy the condition, conduct, and/or violation immediately.

15. Unless permittee demonstrates that exigent circumstances exist that prevent compliance, permittee shall provide accessible ground transportation to customers protected by all applicable Federal, State, and local laws, including the Americans with Disabilities Act, 42 U.S.C. Secs. 12101 et seq., and Section 504 of the Rehabilitation Act, or, if unable to do so, make alternative arrangement for accessible transportation within 30 minutes after learning of the customer’s needs.

16. Permittee shall require all authorized signers and designated local points of contact to accept service of all notices of violation and citations issued to that permittee.

17. Permittee shall immediately terminate a driver’s authorization to operate under that permittee’s permit if the driver’s identification media is revoked under Section 4-75.

a. Permittee shall retrieve any placard issued to the driver under Section 4-69(B) and return the placard to the Aviation Director within five days of notification.

b. Permittee shall retrieve any placard issued to the driver under Section 4-69(C)(1) within five days of notification.

18. Permittee shall notify the Aviation Director of any addition or removal of a name to the permittee’s list of authorized signers or designated local points of contact authorized to operate under that permittee’s permit within five days of the change.

19. Permittee and all authorized signers, designated local points of contact and drivers operating under that permittee’s permit shall comply with all airport rules and regulations.

D. A permit will expire, unless terminated sooner, two years from the date the permit was issued.

E. The Aviation Director will not issue a permit to, or renew a permit for, an applicant that is not in good financial standing with the City.

F. The Aviation Director may issue a temporary or daily use permit as the Aviation Director deems necessary for the safe, efficient and orderly operation on an airport.

G. To ensure the safe, orderly, and efficient use of an airport, the Aviation Director may regulate and restrict the number of ground transportation motor vehicles on an airport.

H. A commercial ground transportation permit shall not be construed to be a contract, agreement or grant of a franchise or any property right to engage in commercial activity on an airport and is revocable.

I. A permit applicant requesting reconsideration of the Aviation Director’s decision to deny its permit shall have five calendar days after date of service of notice if personally served, or 14 calendar days from the date of mailing by certified mail at the last address submitted to the Aviation Department, to request reconsideration by the Aviation Director. The request for reconsideration of the denial of a permit shall be in writing and shall state the specific allegations in the Aviation Director’s decision with which the permit applicant disagrees. The request for reconsideration shall either be personally delivered to the Aviation Director or deposited in the United States mail, certified, return receipt requested, postage prepaid, addressed to the Office of the Aviation Director, within the above-stated time. Unless the Aviation Director requires additional information, or in the event of exigent circumstances, the Aviation Director will notify the permit applicant in writing of the Aviation Director’s final decision within ten business days after the request for reconsideration is received.

J. If a permittee violates any provisions of this article, the permittee is subject to Sections 4-75, 4-77, and 4-80, and the Aviation Director may deny the renewal of the permittee’s permit. (Ord. No. G-4116, § 2, 1998; Ord. No. G-4735, § 4, 2005; Ord. No. G-4763, § 2, 2005; Ord. No. G-4862, § 2, 2007; Ord. No. G-4878, § 1, 2007; Ord. No. G-4944, § 1, 2007; Ord. No. G-5451, § 2, 2009; Ord. No. G-6164, 2016; Ord. No. G-6650, § 3, 2019)

Note—Formerly § 4-70.