San Jose Municipal Code Part 7 Ground Transportation Providers

A. No ground transportation provider shall conduct commercial activity at the airport without a ground transportation permit or registration issued pursuant to this Title.

B. Any ground transportation provider that conducts commercial activity at the airport shall pay such fees and charges as are imposed or established by resolution of the city council.

C. Ground transportation providers shall be limited to the commercial activity of stopping and picking up or discharging passengers, parcels, packages or baggage at authorized locations on the airport, as designated by traffic markings or signs, in rules and regulations issued by the director or in the permit.

D. A ground transportation provider shall acquire and maintain such insurance, certificates, licenses or other authorization required by law to engage in the activity of carrying passengers as a common carrier or otherwise, including, without limitation, any applicable state public utilities commission authorization and other applicable city licenses and permits as required by other provisions of this Code.

E. In addition to the terms and conditions for such permits required by this chapter, such permits shall contain such other terms and conditions as the director or city council determine are necessary for the protection of the safety, convenience and welfare of the city and the general public.

F. The director may renew the term of any ground transportation permit one time or more, for periods not to exceed three years for any one renewal.

G. The director may issue a registration in lieu of a permit to a ground transportation provider who conducts limited commercial activity, as determined in the director's sole discretion, at the airport. Those seeking registration shall provide information the director deems necessary or appropriate to determine eligibility for registration. Registered ground transportation providers shall comply with the same rules, regulations, and conditions as those operating with a permit and any additional terms and conditions as the director deems necessary or appropriate for the protection of the safety, convenience and welfare of the city and the general public. The director's determination of whether or not to issue a registration shall be a final determination, not subject to appeal.

(Ords. 25529, 28919, 29352, 29387, 29708, 29967.)

A. Applications by a ground transportation provider or an off-airport car rental agency for a ground transportation permit shall be filed with the director on forms provided by the director, and shall contain or be accompanied by the following:

1. Name and address of applicant;

2. Proof of liability insurance as required by the city's risk manager and as specified in the permit application form;

3. Proof that the applicant holds a valid California vehicle operator's license, properly endorsed for the type of vehicle the applicant intends to use in the commercial activities to be conducted under this chapter and all other certificates, licenses or other authorization required by law to engage in the activity of carrying passengers as a common carrier or otherwise or to operate as a courier operator, including without limitation applicable state public utilities commission authorization and all other applicable city licenses and permits;

4. Payment of applicable permit fees and deposits, as established by resolution of the city council;

5. Proof of payment of applicable city taxes including without limitation the business tax set forth in Chapter 4.76 of this Code;

6. A ground transportation permit form, as provided by the director, duly executed by the applicant; and

7. Such other information as may be required by the director.

B. If the application for a ground transportation permit is complete, then the director shall act on the application and approve or disapprove the issuance of a ground transportation permit within twenty-one calendar days of submission of a completed application. Failure of the director to act within twenty-one calendar days shall not result in an automatic approval of the permit.

C. The director may take into account any factors used to determine whether to issue, deny, suspend or revoke a ground transportation permit, as provided in this chapter.

D. No issuance or renewal of any ground transportation permit shall be granted unless the permittee has provided the director with such information as the director shall reasonably request, has fully executed a permit renewal or extension as required by the director and has paid all applicable fees and charges.

(Ords. 25529, 29387, 29708.)

Each ground transportation provider shall strictly comply with the following requirements:

A. Ground transportation providers shall pay fees and charges established by resolution of the city council for the privilege of conducting the commercial activity authorized by this title.

B. Ground transportation providers shall maintain insurance in amounts and under terms and conditions determined by the city's risk manager to be necessary or desirable to protect the city and the general public.

C. No ground transportation provider shall assign or transfer the permit, and any attempted transfer or assignment shall render the permit void.

D. Permits issued pursuant to Sections 25.08.510 and 25.08.710 shall be issued for a specified period not exceeding three years from date of issuance of the permit, unless renewed pursuant to the terms of this title.

E. The director may issue, and may revise from time to time, written rules and regulations regarding commercial activity at the airport, including rules and regulations implementing the provisions of this title. All ground transportation providers shall comply with these written rules and regulations, as amended from time to time.

(Ords. 25529, 29387, 29708.)

A. Each ground transportation provider shall conduct commercial activities on the airport in strict compliance with, and shall ensure that any other person operating on the airport under the authority of such ground transportation provider's permit shall operate in strict compliance with:

1. The provisions of this title; and

2. Any requirements or restrictions set forth in the ground transportation permit; and

3. Any rules and regulations issued pursuant to this title.

B. Each ground transportation provider shall also strictly comply with the following requirements and restrictions:

1. Comply with all traffic signs and traffic markings.

2. No on-duty driver, representative, employee or other agent of any ground transportation provider may do any of the following on the airport:

a. Consume alcoholic beverages; or

b. Possess or use any weapons.

3. Acquire, maintain, comply with and display any permits, licenses or other authorization required by the California Department of Motor Vehicles and/or the California Public Utilities Commission, if applicable.

4. Display a valid, current ground transportation decal issued by the airport for operation of its vehicles upon the airport or other identification required by director, unless director determines that, due to the size of the ground transportation provider's fleet or for other good cause, such requirement is impractical or creates an undue hardship.

5. Except for ground transportation providers operating a taxicab at a prearranged fare/rate provided by app as permitted under Chapter 6.64 of Title 6 of this Code, each ground transportation provider operating a taxicab using a taximeter shall ensure that its taximeter is accurate and shall charge passengers only pursuant to a properly working taximeter.

6. Each driver or other representative of a ground transportation provider meeting a pre-arranged passenger or pre-arranged parcel pick up shall present a valid waybill to any airport official on request.

7. No ground transportation provider shall knowingly obtain, possess or provide to the city or airport personnel a false or altered waybill, coupon or voucher in connection with commercial activity at the airport. Waybills shall be either in the form of the city's approved waybill or in the form of the ground transportation provider's standard waybill for use at the airport, as submitted to and approved by director.

8. No ground transportation provider, including any agent, employee, representative or driver of any ground transportation provider, may perform any vehicle maintenance, including checking fluid levels and raising vehicle hoods on airport property, except emergency repairs or except as expressly permitted by director.

9. No ground transportation provider shall allow any person to drive its vehicles onto the airport, if such person has been convicted of a crime substantially related to the qualifications, functions or duties associated with a ground transportation provider, or if such person has been convicted of a felony within the previous five years. Each ground transportation provider shall take reasonable precautions to ensure that its drivers are not disqualified under this provision.

10. Each ground transportation provider that uses the airport roadways and infrastructure to transport passengers and their baggage between the airport and any commercial parking facility located off airport property shall provide such services in a separate vehicle from any other ground transportation services conducted by such ground transportation provider at the airport.

C. Each ground transportation provider granted on-demand authorization in a ground transportation permit shall also strictly comply with all operating procedures as established by the airport on-demand system dispatch manager.

(Ords. 25529, 28919, 29387, 29708.)

A. No ground transportation provider, including any driver, representative, employee or other agent of a ground transportation provider, shall solicit on airport property.

B. For purposes of this section, "solicit" or "solicitation" means the uninvited initiation of a conversation or other uninvited contact by a ground transportation provider, including a driver, other employee, representative or agent of any ground transportation provider for the purpose of enticing or persuading any person to use any service or facilities provided by the ground transportation provider or any affiliate of any ground transportation provider.

C. No ground transportation provider shall circle at the airport.

D. For the purposes of this section, "circling" means the repetitive operation of any vehicle upon airport roadways as a commercial activity for the purpose of soliciting or attempting to pick up passengers in any location other than approved loading zones specifically authorized for such purpose.

E. The prohibition on circling and solicitation in this section shall not apply to the airport on-demand system dispatch manager. The operations and activities of the airport on-demand system dispatch manager shall be pursuant to the terms and conditions of the agreement between the City and the airport on-demand system dispatch manager.

(Ords. 25529, 29387, 29708, 30552.)

A. No ground transportation provider of taxicab services shall pick up any on-demand passenger at the airport unless (i) authorized to do so pursuant to an airport access permit; (ii) authorized to do so pursuant to an agreement with the then current airport on-demand system dispatch manager; or except as provided in Section 25.08.753.

B. No ground transportation provider of taxicab services shall pick up any prearranged passenger at the airport unless authorized to do so pursuant to a ground transportation permit issued pursuant to Section 25.08.710, or except as otherwise allowed pursuant to Section 25.08.700.

(Ords. 29708, 30552.)

In the event that the director determines that efficient airport operations, passenger service needs and the public interest require a limitation on the number of on-demand ground transportation providers at the airport, the director may establish up to a maximum of three hundred airport access permits to be issued to ground transportation providers of taxicab services authorizing pick up of on-demand passengers at the airport. Airport access permits may be issued to companies as set forth in Section 25.08.755 and to individual taxicab drivers, as set forth in Section 25.08.756, in a ratio as determined from time to time by the director.

(Ords. 29708, 30552.)

Vehicles that are accessible under the Americans with Disabilities Act of 1990, or other guidelines for accessible vehicles, may operate in the on-demand program without an airport access permit, whenever the need, as determined in the director's sole discretion, arises.

(Ord. 29708.)

The director may grant on-demand authorization in a ground transportation permit to any company, firm, business organization, partnership, business trust, or other business entity that meets all of the requirements for ground transportation providers as regulated by the public utilities commission, or provides taxicab services and meets the requirements for a taxicab business license pursuant to Section 6.64.130 et seq. In determining whether to grant on-demand authorization for ground transportation providers, the director will consider the availability of on-demand services at the airport compared to the demand for that service and the public interest.

(Ords. 25529, 29150, 29352, 29387, 29708, 30552.)

A. The director may distribute taxicab company airport access permits to any taxicab company, firm, business organization, partnership, business trust, or other business with on-demand authorization in its ground transportation permit and that meets the following additional criteria:

1. Maintains and operates at least fifteen vehicles;

2. Maintains and utilizes an approved computer aided dispatch and global positioning system on all vehicles operating at the airport;

3. Services the airport with a minimum of twenty-five percent of trips with clean fuel vehicles and/or vehicles that are accessible under the Americans with Disabilities Act of 1990; and

4. Maintains current accounts with the city for any and all fees and taxes.

B. Taxicab company airport access permits may be used by a permitted and licensed designee of the company. The permit holder is responsible for compliance with all laws, rules, regulations and permit conditions for each taxicab company airport access permit, regardless of its legal relationship with the designee.

C. Taxicab company access permits may be suspended or revoked pursuant to the provisions of Section 25.10.010 et seq. Conduct which is grounds for denial, suspension or revocation of any permit may result in the suspension or revocation of either the taxicab company airport access permit or the ground transportation permit, or both, at the sole discretion of the director.

D. Revocation of any ground transportation permit revokes any taxicab company airport access permits allocated to that company. The taxicab company airport access permits will be immediately surrendered and the director may reallocate any such permits between the taxicab companies eligible for taxicab company airport access permits and individual taxicab drivers in a ratio as determined from time to time by the city council.

(Ord. 29708.)

A. Driver airport access permits may be distributed to individual drivers as set forth in Section 25.08.751.

B. The director may maintain a waiting list for driver airport access permits based upon seniority of taxicab service within the city.

C. Driver airport access permits may be suspended or revoked pursuant to the provisions of Section 25.10.010 et seq.

D. A driver airport access permit holder must affiliate with a company that is the holder of a ground transportation permit with on-demand authorization pursuant to Section 25.08.754.

E. No person may transfer or assign his or her driver airport access permit, and any attempt to assign or transfer a driver airport access permit shall render the driver airport access permit void, except under the following circumstances:

1. A driver airport access permit may be temporarily used by another duly licensed and permitted designee who is affiliated with the same company with on-demand authorization as the driver airport access permit holder; and

2. The use is no more than two times per year for a minimum duration of two weeks per assignment, but for no longer than three months per year.

F. A driver airport access permit holder is responsible for compliance with all laws, rules, regulations and permit conditions of the driver access permit by the holder or designee, regardless of the holder's legal relationship with the designee.

G. A driver airport access permit shall have a one-year term, but may renew upon expiration, unless suspended or revoked in accordance with Section 25.10.010. A driver airport access permit shall not be renewed unless the holder is in compliance with all terms and conditions of the permit and is current on the payment of all fees and taxes due to the city. Upon renewal, a driver airport access permit holder shall provide the director with any such information as the director shall reasonably request.

(Ords. 29708, 30552.)

A. No person shall allow, permit or otherwise authorize any individual to utilize a taxicab company airport access permit whose driver airport access permit has been suspended or revoked within the last two years.

B. No person shall allow, permit or otherwise authorize any individual to utilize a taxicab company airport access permit whose conduct has been responsible for the revocation of a taxicab company airport access permit within the last two years.

C. No person shall allow, permit or otherwise authorize any individual to utilize a taxicab company airport access permit whose driver airport access permit is suspended.

(Ord. 29708.)

Each driver, representative, employee or other agent of a ground transportation provider shall operate in strict compliance with the provisions of this title and any applicable airport rules and regulations at all times. In addition, each driver, representative, employee or other agent of a ground transportation provider that is authorized to provide on-demand services at the airport pursuant to this title shall operate in strict compliance with the then current airport on-demand system dispatch management agreement and with all operating procedures as established by the airport on-demand system dispatch manager.

(Ords. 29387, 29708, 30552.)

Appeals from the denial, suspension or revocation of a ground transportation permit shall be made in accordance with Chapter 25.10.

(Ords. 25529, 29387, 29708.)