ORDINANCE Nº. 2001-01 GROUND TRANSPORTATION ADOPTED JANUARY 18, 2001 Amended January 16, 2003 Amended November 20, 2003 Amended June 17, 2004 Amended October 13, 2005 Amended August 14, 2008 Amended January 15, 2009 CHARLESTON COUNTY AVIATION AUTHORITY CHARLESTON, SOUTH CAROLINA
ORDINANCE NO. 2001-01 GROUND TRANSPORTATION TABLE OF CONTENTS Page ARTICLE 1 PURPOSE...1 ARTICLE 2 DEFINITIONS...3 ARTICLE 3 GENERAL PROVISIONS...7 ARTICLE 4 ADDITIONAL PROVISIONS FOR TAXI/SHUTTLE OPERATIONS...13 ARTICLE 5 PERMITS AND FEES...22 ARTICLE 6 FARES...31 ARTICLE 7 VIOLATIONS, PENALTIES AND APPEALS...32
ARTICLE 1 PURPOSE Section 1.01 - Purpose This Ordinance establishes Rules and Regulations for the conduct of ground transportation services at the Charleston International Airport Terminal Building and is applicable to all ground transportation operators (Transporters) as defined in Article 2. The specific purposes of this Ordinance are: a) To provide for the public safety and welfare by setting a proper standard of safe conduct and orderly management of the Ground Transportation System. b) To provide convenient and adequate ground transportation service for the traveling public at Charleston International Airport. c) To generate fees for the maintenance and operations of airport facilities maintained for use by the general public. d) To maintain and enhance the public image of the greater Charleston area by establishing a high standard of appearance and service for ground transportation operators. e) To foster fair and healthy competition among the organizations permitted to offer ground transportation services at the Charleston International Airport. 1
Section 1.02 - Severability If one or more clauses, sections, or provisions of this Ordinance shall be held to be unlawful, invalid, or unenforceable, the remainder of this Ordinance shall not be affected thereby. --END OF ARTICLE 1-- 2
ARTICLE 2 DEFINITIONS Section 2.01 - Definitions The following words and terms when used in this Ordinance shall have the meanings respectively ascribed to them by this Section, A) "Airport" means the land areas contiguous to Charleston Air Force Base which are owned and operated by the AUTHORITY and referred to collectively as Charleston International Airport. B) "Airport Starter" means the uniformed individual charged with: 1) Overseeing Ground Transportation Services at the Airport; and 2) Ensuring Transporter compliance with the provisions of this Ordinance; and 3) Promptly reporting acts of non-compliance to the Director. C) "AUTHORITY" means the Charleston County Aviation Authority, the governing body of the Airport District, which is granted the responsibilities of exercising and performing the corporate powers and duties of the Airport District. D) "Director" means the Director of Airports employed by the Charleston County Aviation Authority, or his designated representative. 3
E) "Driver" means any person in actual charge of the operation of a Transporter vehicle (as herein defined) whether as owner, agent, servant, or employee of the Permit Holder. F) "Free Market" means those deplaning airline passengers without courtesy, charter, or prearranged transportation. G) "Gross Airport Revenues" means all monies or other consideration paid or payable to Off- Airport Car Rental Companies from the conduct of automobile renting or leasing to deplaning airline passengers. This shall include all charges on all sales, whether for cash or credit (without deduction for credit card discounts), whether the same shall be paid or unpaid. Gross Revenues, however, does not include any sales tax or excise tax, sums received as proceeds for damage repairs to motor vehicles, gasoline refueling charges, collision damage waiver charges and one-way drop-off charges. H) "Loading Stands" means those areas adjacent to the Charleston International Airport Terminal where passengers and baggage may be loaded into Transporter vehicles. The loading stands are to be designated by the Director and no other area on AUTHORITY property may be used to load passengers and baggage. I) "Permit" means an operating permit issued by the AUTHORITY enabling the Transporter to solicit or transport passengers as provided in this Ordinance. 4
J) "Rules, Regulations, and Ordinances" means those lawful and reasonable rules, regulations and ordinance promulgated by the AUTHORITY for the orderly use of the Airport as same may be amended, modified, or supplemented from time to time. K) Taximeter means a device that automatically calculates the fare at a predetermined rate and displays the charge for hire of a vehicle. L) "Transporter" means an individual, group, company, or corporation operating a commercial vehicle or vehicles for the purpose of soliciting or transporting persons and/or property from the Airport. Transporters are more specifically defined by function as follows: 1) Baggage Delivery means the transportation of baggage only from the Airport in a vehicle for hire. 2) Charter Transportation means the transportation of passengers and/or baggage on a pre-arranged basis except as otherwise specified in definition (L) (3). 3) Courier Service means the transportation of any physical property, item, or material to/from the Airport for hire, except when such commercial operation is regulated by Federal Aviation Regulation Part 121 or 109 as direct or indirect air carriage of property in interstate commerce. 5
4) Courtesy Transportation means the transportation of customers and/or baggage between the Airport and any motel, hotel, auto rental office, resort, or other business enterprise which is not located on the Airport. Courtesy vehicles transport patrons for a commercial business enterprise without direct charge to the patron. 5) Taxi-Shuttle means the transportation of passengers and/or baggage in one of the following modes: a) Taxi: Dispatched upon demand of the passenger or group to their specific destination with no other destination in route. b) Shuttle: Dispatched to a general location as defined in Article 6 with specific destinations established by the passenger or group being carried. 6) Public Bus Service means the transportation of passengers and/or baggage from and to the Airport provided by a fixed-route public transportation service. M) Tri-County Area means the area encompassed by Berkeley, Dorchester, and Charleston counties. --END OF ARTICLE 2-- 6
ARTICLE 3 GENERAL PROVISIONS Section 3.01 - Permit Required No transporter may use the facilities of the AUTHORITY for soliciting or transporting passengers and/or property without first obtaining a permit issued by the Director as provided hereinafter. Section 3.02 - Compliance with Law No Transporter vehicle shall be operated in violation of traffic ordinances established by state laws or the ordinances of the cities in which it operates nor in any event without proper regard for the public safety and welfare. Section 3.03 - Compliance with AUTHORITY Rules and Regulations No Transporter vehicle shall be operated in violation of the Rules, Regulations, and Ordinances of the AUTHORITY as same as may be amended, modified, or supplemented from time to time. Section 3.04 - Compliance with Municipalities and State Licensing Regulations No Transporter vehicle shall be operated on the property of the AUTHORITY until such vehicle has been registered in accordance with all appropriate requirements of the State of South Carolina and the municipalities in which it operates and all proper licenses have been obtained therefore. Taxi/shuttle drivers must be capable of transporting to any area, including Military Bases. Taxi/shuttle drivers that are restricted from certain areas will not have Airport privileges. 7
Section 3.05 - Duty to Obey Airport Starter Each driver of a Transporter vehicle must at all times obey the lawful commands and orders of the Airport Starter. Section 3.06 - Vehicles Subject to Inspection The Director shall have the right at any time (upon display of proper identification) to enter into or upon any permitted vehicle for the purpose of determining that all the provisions of this Ordinance are being properly adhered to. After such inspection, any vehicle found to be unsuitable in any manner may be immediately barred from the Airport by the Director and the vehicle operating permit surrendered to the Director. Section 3.07 - Parking Zone Upon entry onto AUTHORITY property without passengers or after discharging passengers at the airport terminal, each transportation vehicle shall proceed at once by the most direct route to the proper loading area designated by the Director or immediately leave AUTHORITY property. Section 3.08 - Loading and Unloading Transporter vehicles authorized to operate on the property of the AUTHORITY shall use only the loading stands designated by the Director for such purpose. Transporter vehicles may off-load passengers and baggage in any lawful manner on AUTHORITY property. Refer to Article 4, Section 4.02 for additional requirements applicable to taxi/shuttle operations. 8
Section 3.09 - Soliciting No person may solicit passengers or fares on the property of the AUTHORITY except as allowed under this Ordinance and in accordance with its restrictions and regulations. Section 3.10 - Vehicle Appearance and Condition As stated in Section 1.01, Part d, one of the specific purposes of this Ordinance is to maintain and enhance the public image of the greater Charleston area by establishing a high standard of appearance and service for ground transportation operators. As such, all Transporter vehicles must conform to a high standard of cleanliness and good repair and shall be continually maintained in a safe operating condition. To wit, all Transporter vehicles must be free of dents or rust spots which are visible to an observer. In addition, all vehicles for hire shall be kept clean, neat, and orderly in accordance with South Carolina Code Ann. Section 58-23-1340. All Transporter vehicles shall have a thorough and consistent paint scheme and have all hubcaps securely in place. Additionally, indicia of ownership or business affiliation should be indicated by standardized letters not to exceed three (3") inches in width and five (5") inches in height. Refer to Article 4, Section 4.04 for additional requirements applicable to taxi/shuttle operations. Section 3.11 - Safety Requirements The AUTHORITY shall require all Transporter vehicles to be operated in a safe and properly equipped manner, in accordance with SC Code 56-5-4410, et seq. Additionally, to the extent that public transportation vehicles are not exempt from the following requirement, all Transporter 9
vehicles, including taxis, shall be required to provide seat belts for passengers, in accordance with S. C. Code Ann. Section 56-5-6510, et seq. Section 3.12 - Driver to Remain Near Vehicle Each driver of a Transporter vehicle shall remain in his/her vehicle or immediately adjacent to his/her vehicle at all times while such vehicle is upon the property of the AUTHORITY. Nothing in this section shall be held to prohibit any driver from alighting to a street or sidewalk for the purpose of assisting passengers into or out of his/her vehicle. In addition, no driver of any vehicle shall allow his vehicle to be used as a place for sleeping or lounging or for any unnecessary gathering of persons other than passengers. Section 3.13 - Dress The AUTHORITY hereby finds that the proper appearance of drivers of all vehicles is necessary to maintain and enhance the public image of the greater Charleston area. Therefore, each driver shall dress appropriately. The clothing and overall appearance of all drivers must be in good taste. Drivers should pay particular attention to cleanliness and personal grooming. Refer to Article 4, Section 4.05 for additional requirements applicable to taxi/shuttle operations. 10
Section 3.14 - Non-Annoyance Each driver of a Transporter vehicle shall at all times treat members of the public with the utmost courtesy. No driver shall solicit patronage in a loud or annoying tone of voice, nor shall any driver annoy any person by any sign, nor shall any driver obstruct the movement of any person. Section 3.15 - Insurance Each Transporter will maintain liability insurance coverage with minimum limits as follows: A) For Taxi/Shuttle and Courtesy Vehicle Operators: Comprehensive Public Liability Insurance...$500,000 (Combined Single Limit) Automobile Insurance...$500,000 (Combined Single Limit) Property Damage...$100,000 (Combined Single Limit) B) For Charter Operators Liability Insurance...$500,000 (Combined Single Limit) Automobile Insurance...$500,000 (Combined Single Limit) Property Damage...$100,000 (Combined Single Limit) C) All Other Operators: Liability Insurance...$100,000 (Combined Single Limit) Automobile Insurance...$100,000 (Combined Single Limit) Property Damage...$100,000 (Combined Single Limit) Said policies of insurance shall be performable in Charleston County, South Carolina and shall cover business operations, employees and customers. 11
Each Transporter must fully indemnify and hold the AUTHORITY harmless from any and all claims whatsoever arising out of business operations in accordance with this Ordinance. Each Transporter will be required to maintain a current Certificate of Insurance evidencing such coverage with the AUTHORITY. The following statement is required on the face of the insurance certificate: "Charleston County Aviation Authority, its officials, servants, agents, and employees are named as additional insured." --END OF ARTICLE 3-- 12
ARTICLE 4 ADDITONAL PROVISIONS FOR TAXI/SHUTTLE OPERATIONS Section 4.01 Additional Provisions for Taxi/Shuttle Operations The following Sections apply specifically to operators of taxi/shuttle Transporters. Section 4.02 - Loading and Unloading of Taxi/Shuttle Vehicles Taxi/shuttle Transporters must remain in queue while in the taxi/shuttle area and load passengers and baggage on a "first-in/first-out" basis. As fares are picked up, vehicles must advance forward. Drivers in the first, second, and third positions must remain near their vehicle at all times for public transportation service. The taxi/shuttle in position to be loaded may not refuse a properly presented fare except a driver may refuse a fare that is out of the Tri-County Area without returning to the end of the queue. Drivers that miss a fare due to being away from their vehicle or leave their vehicle when in the first, second, or third position for any reason must move to the end of the queuing area. Drivers that refuse a properly presented fare for any reason will be suspended from operations for the remainder of the day. When flights arrive, all taxi/shuttle drivers must be at their vehicles. 13
Section 4.03 - Designation of Shuttle Vehicles The determination of whether a vehicle shall be operated as a taxi or shuttle shall occur as follows: A free market passenger shall present himself to the Airport Starter and request transportation. His/her needs shall establish the classification of the first taxi-shuttle vehicle in the loading stand. If said passenger desires transportation in a taxi, the first vehicle in the loading stand shall be declared a taxi and shall carry the passenger to his destination; otherwise, If said passenger desires transportation in a shuttle, his/her needs shall establish the general location to which that shuttle shall travel and the vehicle shall then be removed from the queue to wait fifteen (15) minutes for any additional shuttle passengers proceeding to this same general location. At the end of the fifteen (15) minute period, the shuttle shall proceed with its fare. Section 4.04 - Taxi/Shuttle Vehicle Appearance and Condition The exterior appearance of the vehicle shall be maintained in a damage-free and clean condition. The interior of the vehicle shall be maintained in a clean condition, free from foreign matter and offensive odors. There shall be no litter in the vehicle or trunk and the upholstery shall be kept clean, intact and free of noticeable rips and tears. 14
Vehicles shall also comply with the following standards: 1) Heating and air conditioning systems must be properly installed and maintained to provide sufficient passenger comfort. 2) The model year of the vehicle shall be less than seven (7) years old. Vehicles currently on the line are grandfathered until replaced. 3) Exterior paint of vehicle shall be maintained free of oxidation or rust. 4) Vehicle body shall be free of any visible dents. 5) Operator shall inspect the cleanliness of each vehicle at the beginning of each day of service and assure such vehicle is free from dirt, trash, and debris. 6) The exterior of each vehicle in service shall be kept clean from road dust, mud and grime. 7) The interior of each vehicle in service shall be swept or vacuumed prior to beginning daily service. 8) Every vehicle shall be structurally sound and maintained as to provide for the safety of the public in accordance with S. C. Code Ann. Section 56-5-4410, et seq. 15
9) Wheel covers (hubcaps) shall be mounted on all four wheels at all times while vehicle is in service. Section 4.05 - Dress for Taxi/Shuttle Drivers Drivers of taxi/shuttle vehicles should wear solid color or striped shirts with collars accompanied by slacks or skirts. Taxi/shuttle drivers shall not be allowed to wear jeans, shorts, sandals, tee shirts, or shirts with graffiti. A driver's appearance could reflect upon the reputation of the AUTHORITY, and as such, a driver whose dress and grooming reflects adversely on the AUTHORITY will be immediately barred from airport property by the Director or his designee. Section 4.06 - Smoking, Eating and Drinking in Taxi/Shuttle Vehicles All taxi/shuttle vehicles designated as non-smoking vehicles shall have signs so stating conspicuously posted on the interior of the vehicle. Likewise, all drivers who do not allow food or drink in their Transporter vehicles shall post signs so stating on the interior of the vehicle. To the extent that any driver does not allow food or drink in his or her Transporter vehicle, the Starter may reassign the passenger to the next available vehicle in the queue that allows smoking, food, or drink. Section 4.07 - Radio Communication Each taxi/shuttle Transporter vehicle shall be equipped with a two way radio system. The radio shall be equipped to provide communication to the transportation starter's booth and receive communication from the transportation starter's booth. Radios shall be the sole responsibility of each Transporter and the AUTHORITY shall be held harmless from any liabilities resulting from 16
any act of negligence by Transporter. All licensing requirements, fees, radio cost and any other charges shall be the sole responsibility of the Transporter. Section 4.08 Credit Cards All taxi/shuttle operators are required to accept major credit cards in payment of the passenger fare. Operators shall not charge a handling fee or minimum fare to the passenger. Major credit cards include, but are not limited to, MasterCard, Visa, American Express, and the Discover Card. Section 4.09 - Taximeter Criteria Vehicles shall be equipped with a taximeter approved by the Director. Meters must be inspected and scaled by an authorized representative of the manufacturer, and mounted in a permanent manner in a position that is visible to all passengers. The following criteria apply to the taximeter: a) A taximeter shall be equipped with a primary indicating element. Except when a taximeter is being cleared, the primary indicating elements shall be susceptible to advancement only by the rotation of the vehicle wheels. Indications of fares and extras shall be clearly visible at all times. b) Whenever the indicating elements of a taximeter are set to indicate a charge for the hire of the vehicle, the fare shall be clearly shown on the taximeter face. When the taximeter is cleared, the indication Not Registering, Vacant, or an equivalent expression shall be 17
shown. Whenever a taximeter is set so as to register charges, the indication Registering, Hired, or an equivalent expression shall be shown. c) Extras are specifically prohibited under the term of this contract. d) Indications of fare shall be entirely protected by glass or other suitable transparent material securely attached to the housing of the taximeter. e) Adequate provision shall be made for affixing lead-and-wire seals to a taximeter and to other parts required for service operation of a complete installation on a vehicle so that no adjustments, alterations, or replacements affecting in any way the accuracy of indications of the device or the assembly can be made without mutilating the seal or seals. The sealing means shall be such that it is not necessary to disassemble or remove any part of the device or of the vehicle to apply or inspect the seals. Section 4.10 - Taximeter User Requirements a) The operational tire pressure shall be posted on the vehicle and shall be maintained at the posted pressure. b) The taximeter shall be permanently mounted and located so that its face can be seen by a passenger from the rear compartment of the vehicle. Specifically, the taximeter shall be mounted on the vehicle dashboard or on the brackets in front of the dashboard. The face of 18
the taximeter shall be illuminated whenever the taximeter is in operation and artificial illumination is necessary for the convenient reading of its indications. c) The distance for which a taximeter is adjusted (the rate per mile) shall be conspicuously displayed inside the vehicle so that a passenger can see it from the rear compartment of the vehicle. d) Whenever a taximeter has been damaged, or repairs that might in any way affect the accuracy of its indications have been made, or any of the official security seals have been mutilated, such device shall not be used until it has been officially examined, reapproved and resealed. The Transporter shall not tamper with the taximeter or any seal cable connection or part thereof or make any change in the vehicle s mechanism or its tires, which would affect the operation of the taximeter. Additionally, the operator shall not drive a taxi under this Ordinance unless all taximeter seals and cable housing seals are in good condition. Section 4.11 - Basis of Metered Fares The taximeter shall calculate the fare upon the basis of distance traveled. The only exception shall be when the vehicle has been designated as a Shuttle as defined in Section 4.03. Section 4.12 - Security Deposit Transporter shall provide AUTHORITY with a security deposit in the amount of $500.00 at the time the taxi/shuttle permit application is submitted. 19
The security deposit shall be held in an escrow account with the AUTHORITY and shall be refunded to the Transporter at the time of termination of services, provided: The Transporter has no unpaid debt with the AUTHORITY, and the Transporter has satisfactorily performed his obligations under this Ordinance. In the event of an unpaid debt or unsatisfactory performance, Transporter's security deposit shall be forfeited to AUTHORITY. Any amount owed in excess of the security deposit shall also become due by Transporter to the AUTHORITY. Section 4.13 - Limitation on Number of Taxi/Shuttle Permits In order to encourage the benefits of fair and honest competition, a single taxi/shuttle operator shall hold no more than three (3) taxi/shuttle vehicle operating permits at any given time. Additionally, only 50 taxi/shuttle Permits may be issued by the Director. The Authority reserves the right to adjust the number of available Permits as necessary. Section 4.14 Use of Taxi/Shuttle Permits Taxi/Shuttle vehicles are to be used as necessary to serve the needs of the traveling public. Performance standards will be developed and administered at the discretion of the Director. Failure to meet these standards may result in suspension or revocation of the permit. Taxi/shuttle operators are expected to operate their vehicles at the Airport on a regular, weekly basis. If, for any reason, a taxi/shuttle vehicle and/or driver is not available for operation for more than seven (7) consecutive days, the Permit Holder must notify the Director in advance. If a vehicle 20
will not be available for more than seven (7) days due to extensive maintenance or repairs, Operators are expected to provide a substitute vehicle that meets the standards of the Ordinance. Failure to operate at the Airport for more than thirty (30) consecutive days shall be considered abandonment of the permit and will result in revocation. --END OF ARTICLE 4-- 21
ARTICLE 5 PERMIT AND FEES Section 5.01 - Permit Required No Transporter may use the facilities of the AUTHORITY for soliciting or transporting passengers and/or property without first obtaining a permit issued by the Director as provided herein below. Section 5.02 - Application All persons applying for an operating permit shall file with the AUTHORITY a sworn application on forms provided by the AUTHORITY. The information and certifications required on this form shall include at a minimum: a) A certification that the Transporter meets all state and local requirements. b) A certification that the Transporter vehicles are maintained in a safe operating condition. c) A certificate of insurance meeting the requirements of this Ordinance. d) A certification that each driver of a Transporter vehicle must be the holder of a valid automobile drivers license. Each driver shall be at least eighteen years of age, shall have no physical defects which would hinder safe operation of the vehicle under any driving condition or hinder him/her from providing required ground transportation services to passengers (i.e. loading and unloading baggage) and shall 22
be of good moral character. The Authority may refuse to grant or renew an operating permit in the case of any application from any person who has been convicted, or not found guilty by reason of insanity, of any of the following crimes in any jurisdiction during the ten (10) years before the date of application: 1) State automobile operator s license suspended or revoked. 2) A felony. 3) Driving an automobile resulting in death to any person. 4) Driving a motor vehicle while intoxicated. 5) A violation of any law, state or federal, relating to the use, possession, or sale of intoxicating liquors. 6) A violation of any law, municipal, state or federal, relating to prostitution. 7) A violation of any law, state or federal, relating to the use, possession, or sale of intoxicating drugs. 8) Habitual violator of traffic laws or an habitual user of intoxicating liquors or narcotic drugs. 23
Section 5.03 - Permit Fees Upon issuance of an Operating Permit, each Transporter must pay fees according to the following schedule: Type Transporter Annual Permit Fee A) Taxi - Shuttle $120/Transporter Vehicle Plus Monthly Fee of $200.00 per vehicle. B) Charter Vehicle $120/Transporter Vehicle Plus (i) $1.00 Per Pick-up (Vehicle with 15 Seats or Less) (ii) $5.00 Per Pick-up (Vehicle with more than 15 seats) C) Courtesy Vehicle i) Hotel/Motel $120/Transporter Vehicle Plus $2.00 Per Room ii) Off-Airport Car Rental $120/Transporter Vehicle Plus 8% of Gross Airport Revenue iii) Other $120/Transporter Vehicle Plus (i) $2.00 Per Pick-up (Vehicle with 15 Seats or Less) (ii) $5.00 Per Pick-up (Vehicle with More than 15 Seats) D) Baggage Delivery $120/Transporter Vehicle Plus $1.00 Per Pick-up E) Special Contract Military Transportation Permit $500 Per Year F) Public Bus Service $1.00 Per Year 24
(G) Courier Service $120/Transporter Vehicle plus $1.00 per pick-up. All annual fees are due and payable January 1. For permits requested and received at other times during the calendar year, the fee will be pro-rated based on the number of full and partial months remaining in the year. All fees shall be forfeited once paid except in the event the AUTHORITY should revise or terminate this system. In such event, refunds will be pro-rated. Monthly fees are due and payable without notice on the first (1 st ) day of each month in advance. Failure to pay monthly taxi/shuttle fees on the first (1 st ) day of the month will result in suspension of operating privileges. Failure to pay monthly taxi/shuttle fees by the tenth (10 th ) of the month will result in revocation of the permit. All activity-based fees are payable monthly in accordance with procedures established by the Director. Applications, fee payments, and permit issuance will be conducted at normal business hours at a location specified by the Director. 25
Section 5.04 - Permit Issuance Should the Director find that the applicant for a permit has satisfactorily complied with all the conditions of filing an application, he may issue a permit. The term of the permit shall be annual beginning January 1 and ending December 31. Section 5.05 - Temporary Charter Permit Any other provisions of this Article notwithstanding, the Director may issue a temporary permit for a single charter operation. The fee for this temporary permit shall be $10.00 plus the appropriate pick-up fee stated in Section 5.03 (B). Section 5.06 - Identification Card Every person operating a Transporter vehicle shall display an identification card which includes at a minimum: A) The Driver's Photograph B) The Driver's Name C) The Driver's Company of Employment D) The Company's Address Such Card shall be displayed in a manner visible to all customers in the vehicle. Section 5.07 - Assignment or Transfer of Permit No permit may be assigned or transferred for any purpose or reason. 26
Section 5.08 - Effective Change of Ownership on Permit Any change of ownership of, or title to, any Transporter vehicle shall automatically revoke any permit previously granted for the operation of such vehicle on the property of the AUTHORITY. A change of ownership is deemed to have taken place (in addition to other methods usually employed) if the owner of any vehicle leases under an arrangement whereby the lessee shall have the right to acquire title to the vehicle at any further date. Section 5.09 - Interest on Overdue Accounts Any payments not received within ten (10) days after the due date shall accrue interest at the rate of 1.5% per month from the due date until paid in full. Section 5.10 - Inspection of Books and Records A. Transporter shall during the term of this Agreement and for three (3) years thereafter, permit, upon reasonable notice to Transporter, inspections and audits by the AUTHORITY through its employees, and/or representatives, of all records and books of account, including such records as may be required by the Director to be maintained by Transporter and information required to be maintained pursuant to any provision of this Agreement. It is further understood and agreed that any such inspection and audit shall be conducted during the business hours of Transporter and that Transporter shall make all of the aforesaid records, books of account, and other documentation available at a location designated in writing by the Director. 27
B. Off-airport car rental companies shall maintain at least, but not limited to, the following records: 1) Copies of all rental contracts whether for deplaning passengers arriving through the Charleston International Airport Terminal or originating elsewhere. Starting at the beginning of the Transporter's fiscal year, every year these rental contracts shall be numbered consecutively commencing with a six-digit number ending in 001. Each rental contract shall have a statement which the customer signs stating whether or not he/she deplaned at Charleston International Airport. 2) Daily Sales Summary Sheets which reflect contracts of passengers who arrived through the Charleston International Airport Terminal as well as other contracts. 3) A written reconciliation of the Daily Summary Sheets to the monthly reports made to the Charleston County Aviation Authority. 4) A General Ledger. 5) Copy of the latest Financial Statement. 6) Copy of the Sales Tax Returns filed with the South Carolina Tax Commission. 7) Copy of the latest Income Tax Return, State and Federal. 28
8) All reports furnished the franchiser except those reports dealing exclusively with the number of cars parked. 9) In the event the foregoing records are not maintained and are not available for audit, the transporter shall pay eight (8%) percent of its gross revenues to Charleston County Aviation Authority until it presents proof to the Authority that its gross airport revenue from deplaning passengers is less than its gross revenues. C. In the event an inspection or audit by or on behalf of the AUTHORITY discloses any discrepancy in any statement or statements of gross airport revenue of the Transporter and/or in the amount of any sums of money owed to the AUTHORITY, the Transporter shall forthwith pay the sum of money owed to the AUTHORITY plus a service charge of 2% per month of said sum for each month from the date said sum should have been paid to the AUTHORITY to the date payment is made to the AUTHORITY. Further, in the event an aforesaid audit or inspection discloses a single cumulative discrepancy in excess of 2% of the amount previously paid by Transporter to AUTHORITY on account of the month period in questions, Transporter shall forthwith pay to AUTHORITY the cost of the audit and/or inspection. Said cost of the audit and/or inspection shall include all direct and indirect salary cost of AUTHORITY, any charges made by any consultant of the AUTHORITY, materials, supplies and administrative overhead (as shall be determined by the Director from time to time during the term of this Agreement). 29
D. Nothing contained in this paragraph shall preclude the AUTHORITY from revoking Transporter's permit in the event any inspection or audit discloses a discrepancy or discrepancies as indicated in this paragraph. In the event that AUTHORITY retains counsel to collect any sums owing to it from Transporter, Transporter agrees to pay to AUTHORITY the sums expended by AUTHORITY on account of the retention of such counsel as well as expenses incurred by AUTHORITY, including all direct or indirect salary costs, materials, supplies, and administrative overhead. --END OF ARTICLE 5-- 30
ARTICLE 6 FARES Section 6.01 - Metered Rates and Non-Metered Zone Rates No metered or non-metered taxi/shuttle operator or taxi using taximeters shall charge any passenger more than the fixed fare or rate for transportation as determined and prescribed by the AUTHORITY which is hereby declared to be as follows: A. The meter fare for a taxi departure from the Airport is $2.52 per loaded mile with no additional charge for the first two passengers. For each passenger in excess of two, a fee of $14.00 per passenger per trip will be charged. B. The shuttle rate for Peninsular Charleston is $14.00 per passenger. C. The fixed fare for the Airport vicinity is $10.50 per passenger, not to exceed $31.50 per trip. D. No charge for babe-in-arms. E. Average fuel costs will be monitored at the beginning of each calendar quarter. Average fuel prices will be determined using the American Automobile Association (AAA) website for the State of South Carolina for regular unleaded gasoline. Rates will be adjusted accordingly with any 30% fluctuation in the cost of fuel at the beginning of the calendar quarter. The baseline price will be $3.90 per gallon. All rates changes will require the approval of the Charleston County Aviation Authority. --END OF ARTICLE 6-- 31
ARTICLE 7 VIOLATIONS, PENALTIES AND APPEALS Section 7.01 - Violations and Penalties The Charleston County Aviation Authority Police have jurisdiction over the property of the Airport District and the authority to enforce the Ordinances of the Charleston County Airport District and laws of the State of South Carolina as provided in its enabling legislation. Charleston County Aviation Authority Ordinance N. 2001-01 Operating Permit Holders are responsible for ensuring that their business and employees fully comply with all provisions of Ordinance N. 2001-01. An Operating Permit Holder, whose equipment, business practices or employees are found in violation of the Ordinance may be fined. The fine for each offense will be determined by the Airport Director and is not to exceed $200.00 per offense. Any Transporter vehicle involved in such offense may be impounded until said fine or fines are paid, and the cost of the impoundment will be borne by the Operating Permit Holder. Section 7.02 - Suspension or Revocation of Permit The Director shall have the authority to suspend or revoke any permit for a violation of this Ordinance. 32
Notice of suspension or revocation shall be given by registered mail to permit holder s address listed on the application. This notice shall contain the reason for the suspension or revocation and shall constitute sufficient form of notice. The Transporter shall be entitled to appeal to the AUTHORITY if they file with the AUTHORITY a written Notice of Appeal within thirty (30) days of notification of any violation(s). The decision of the AUTHORITY shall be final and any appeal therefrom shall be to the courts of the State of South Carolina. In the case of suspension only, the vehicle permit shall be restored to the Transporter at the expiration of the period of suspension. In the case of revocation, the Permit Holder must wait a minimum of ninety (90) days before submitting an application for a new permit. --END OF ARTICLE 7-- 33
ARTICLE 8 AIRLINE VOUCHERS Section 8.01 Airline Voucher Payment The AUTHORITY has established a program to accept airline vouchers from permitted Taxi Operators to allow reimbursement to the Taxi Operators, in a timely manner, for transporting the airlines passenger(s) during irregular operations. To receive payment, the airline voucher and a completed invoice (Exhibit A) must be submitted to the Charleston County Aviation Authority taxi booth. Airline vouchers and properly completed invoices submitted to the Charleston County Aviation Authority taxi starter booth by Tuesday at 5:00 PM will be reimbursed on Friday of the same week. Vouchers that are turned in after Tuesday at 5:00 PM will not be reimbursed until Friday of the following week. Reimbursement checks may be picked up at the receptionist desk of the Charleston County Aviation Authority located on the second floor of the main terminal building between 3:30 PM and 4:30 PM each Friday. During holidays observed on Fridays, checks may be picked up on the following Monday. Thereafter, the checks will be available during normal business hours. Airline vouchers will not be accepted by the Charleston County Aviation Authority unless they have been executed by the appropriate airline officials. 34
Section 8.02 Airline Voucher Any airline that contracts for ground transportation services with a Taxi Operator will provide the Taxi Operator an airline voucher (Exhibit B) in lieu of payment at the time services are rendered. This voucher guarantees the Taxi Operator reimbursement for the transportation services provided to the airlines passengers(s). Section 8.03 Airline Responsibility The airline is the entity responsible for finding suitable transportation for their passenger(s) and for reimbursing the Taxi Operator. The airline retains the right to choose the ground transportation service providers they deem appropriate. This may include, but not limited to, charter operators, busing companies and limousine services. Section 8.04 - Transporter Responsibility Under no circumstances shall a Taxi Operator awaiting fares in the taxi staging or taxi stand areas accept a voucher from an Airline representative unless the Taxi Operator is at the head of the taxi queue line. Furthermore, under no circumstances shall a driver, upon receiving an airline voucher, pass the voucher to another Taxi Operator. Section 8.05 Acceptable Vouchers All vouchers shall be completed in accordance with the policies of the issuing airline(s). Vouchers not properly completed will not be accepted for reimbursement. 35
Section 8.06 Voucher Acceptance All Charleston County Aviation Authority permitted Taxi Operators are required to accept vouchers from any airline doing business at the Charleston International Airport as a form of payment for passenger transportation. No additional fees are to be added to the voucher. --END OF ARTICLE 8-- 36