Penalties For Violations

(1) 740 CMR 23.00 et seq. shall delete and replace 740 CMR 21.53 and 740 CMR 21.99(3)(a). (2) For failure to comply with 740 CMR 23.00 et seq., an Operator or a Driver shall be punished for each violation listed below either by a warning, a fine not to exceed $50.00 or Suspension from Logan Airport: 7/1/93 740 CMR - 81 740 CMR: MASSACHUSETTS PORT AUTHORITY CODE NO. VIOLATION FINE Operating or standing without an Operating Agreement $50.00 Operating or standing without a hackney license Suspension Failing to report to the designated Commercial Vehicle Stand $25.00 Failure to report to designated pool $25.00 Standing outside of Vehicle without authorization $25.00 Standing outside of Vehicle and in terminal without authorization $25.00 Picking up passenger without authorization $25.00 Refusing to pick up designated passenger without authorization $50.00 Operating or standing with unauthorized passenger in Vehicle $50.00 Unauthorized soliciting $50.00 Offering gratuities Suspension Operating or standing without trade name/ medallion visible on Vehicle Suspension Operating or standing without proper dress Suspension Operating or standing without proper equipment Suspension Operating or standing without a Vehicle Permit $25.00 Overcharging Suspension Other $25.00 (3) Persons who are subject to warnings, fines, Suspensions and penalties. Any Operator or Driver may be fined, suspended or warned that he may be fined or suspended for violating one or more of the provisions of 740 CMR 23.00 et seq. (4) Persons authorized to warn, fine or suspend Commercial Ground Transportation Service Operators and Drivers. (a) Only a Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee may warn, fine or suspend an Operator or Driver for violating a provision of 740 CMR 23.00 et seq., upon determination that the Operator or Driver has violated one or more of the provisions of 740 CMR 23.00 et seq. (b) The Authority may determine, at its sole discretion, that Ground Transportation Agents may only issue warnings to Drivers of Boston Taxicabs or Suburban Taxicabs With A Medallion Or Taxicab License Plate for violating one or more of the provisions of 740 CMR 23.00 et seq. (5) Warnings. (a) Ifa Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee warns an Operator or Driver that he has violated one or more of the provisions of 740 CMR 23.00 et seq., the Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee shall notify the Operator or Driver, in writing, that he has been warned for violating one or more of the provisions of 740 CMR 23.00 et seq. Where the Driver is anagent, employee or representative of an Operator, the Ground Transportation Unit shall also notify the Operator of the violation. (b) The written notice shall be in the form of a Commercial Ground Transportation Service Violation Notice as designated by the Ground Transportation Unit. The notice shall inform the Operator or Driver of the time, place, date and nature of the violation and inform him of the fine associated with the violation. The notice shall also inform him of his right to an administrative hearing to dispute the warning and his obligation to request such a hearing before the Executive Director or his designee within 30 days of the date of the warning. 7/1/93 740 CMR - 82 (c) Upon determining that an Operator or Driver had received a warning and has requested an administrative hearing to dispute the warning, the Ground Transportation Unit shall schedule a hearing to determine whether the Executive Director or his designee shall either affirm or dismiss the warning. If the Ground Transportation Unit schedules a hearing for the Operator or Driver, the Ground Transportation Unit shall give the Operator or Driver written notice of the time, date, place and purpose of the hearing within a reasonable time before the date of the hearing. If the Operator or Driver receives written notice of the time, date, place and purpose ofthe hearingand he fails to attend the hearing, such failure may constitute a waiver of the right of the Operator or Driver to dispute the warning. At the conclusion of the hearing, the Executive Director or his designee shall provide the Operator or Driver and the appropriate representative of the Ground Transportation Unit with written notice of the decision. (6) Fines. (a) Any Operator or Driver who is fined for violating one or more of the provisions of 740 CMR 23.00 et seq. shall pay the fine or request a hearing to dispute the fine within 30 days of the date the fine was issued. If an Operator or Driver fails to pay or dispute a fine within 30 days of date the fine was issued, the fine shall automatically increase by a $5.00 penalty. (b) IfanOperator or Driver fails to pay the fine within 45 days of the date the fine was issued or fails to request a hearing to dispute a fine within 30 days of the date of the fine, the fine shall automatically increase by a $15.00 penalty. (c) If a Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee fines an Operator or Driver for violating one or more of the provisions of 740 CMR 23.00 et seq., the Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee shall notify the Operator or Driver, in writing, that he has been fined for violating one or more of the provisions of 740 CMR 23.00 et seq. Where the Driver is an agent, employee or representative of an Operator, the Ground Transportation Unit shall also notify the Operator of the violation. (d) The written notice shall be in the form of a Commercial Ground Transportation Service Violation Notice as designated by the Ground Transportation Unit. The notice shall inform the Driver or Operator of the time, place, and date and nature of the violation; inform him ofhis right to paythe fine within30 days ofthe date of the fine; inform him of the instructions for the return of the violation; inform him of his right to an administrative hearing to dispute the violation and his obligation to request such a hearing within 30 days of the date of the fine. The notice shall also inform the Operator or Driver that his failure to pay the fine or request a hearing within the designated time period, will subject him to penalties, pursuant to 740 CMR 23.99 et seq., and may constitute a waiver of his right to contest the fine. (e) If, within 30 days of the date the fine was issued, the Operator or Driver requests a hearing pursuant to 740 CMR 23.99(6)(a), the Ground Transportation Unit shall schedule a hearing to determine whether the Executive Director or his designee shall either affirm or dismiss the fine. If the Ground Transportation Unit schedules a hearing for the Operator or Driver, the Ground Transportation Unit shall give the Operator or Driver written notice of the time, date, place and purpose ofthe hearingwithina reasonable time before the date of the hearing. If the Operator or Driver receives written notice of the time, date, place and purpose of the hearing and he fails to attend the hearing, such failure may constitute a waiver of the right of the Operator or Driver to dispute the fine. At the conclusion of the hearing, the Executive Director or his designee shall provide the Operator or Driver and the appropriate representative of the Ground Transportation Unit with written notice of the decision. (7) Temporary Suspensions. (a) Any Operator or Driver who is temporarily suspended, prior to an administrative hearing, for violating one or more of the provisions of 740 CMR 23.00 et seq., shall immediately be precluded from picking up passengers at Logan Airport for a period (not to exceed 24 hours from the date of the violation) designated by the Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee who suspended the Operator or Driver. 7/1/93 740 CMR - 83 (b) Ifa Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee temporarily suspends an Operator or Driver for violating one or more of the provisions of 740 CMR 23.00 et seq., the Police Officer, Hackney Officer, Ground Transportation Manager, Ground Transportation Agent, the Executive Director or his designee shall notify the Operator or Driver, in writing, that he has been suspended for violating a provision of 740 CMR 23.00 et seq. Where the Driver is an agent, employee or representative of an Operator, the Ground Transportation Unit shall also notify the Operator of the violation. (c) The written notice shall be in the form of a Commercial Ground Transportation Service Violation Notice as designated by the Ground Transportation Unit. The notice shall inform the Operator or Driver of the time, place, date and nature of the violation; and inform him of his right to a hearing before the Executive Director or his designee to dispute the temporary Suspension. (d) Any Operator or Driver who is temporarily suspended pursuant, to 740 CMR 23.99(7)(a), for violating one or more of the provisions of 740 CMR 23.00 et seq., shall have the right to an administrative hearing before the Executive Director or his designee to dispute the temporary Suspension. To dispute a temporary Suspension, an Operator or Driver shall request an administrative hearing no earlier than the next business day following the date of the temporary Suspension. The Executive Director or his designee shallschedule a hearingfor the next business day following its receipt of the request for a hearing by the Operator or the Driver. (e) If the Executive Director or his designee schedules a hearing pursuant to 740 CMR 23.99(7)(d), the Executive Director or his designee shall schedule the hearing for a time mutually convenient for the Operator or Driver and the appropriate Ground Transportation Unit representative and give both parties written notice of the time, date, place and purpose of the hearing as soonas practicable. Ifthe Operator or Driver receives written notice of the date, time, place and purpose of the hearing scheduled pursuant to 740 CMR 23.99(7)(d) and he fails to attend the hearing, such failure may constitute a waiver of the right of the Operator or Driver to dispute the temporary Suspension. At the conclusion of the hearing, the Executive Director or his designee shall provide the Operator or Driver and the appropriate representative of the Ground Transportation Unit with written notice of the decision. At the conclusion of the hearing, the Executive Director or his designee shall provide the Operator or the Driver and the appropriate representative of the Ground Transportation Unit with written notice of the decision which may include further suspension for a period not-to-exceed 60 calendar days. (8) Penalty for Multiple Violations or Multiple Warnings. (a) An Operator or Driver will be deemed to have received multiple violations or multiple warnings if: 1. the Operator or Driver makes 1-499 Trips onto Logan Airport per month, and receives five violations or warnings within a 12-month period (beginning January 1st); 2. the Operator or Driver makes 500-999 Trips onto Logan Airport per month, and receives ten violations or warnings within a 12-month period (beginning January 1st); 3. the Operator or Driver makes at least 1000 Trips onto Logan Airport per month, and receives 20 violations or warnings within a 12-month period (beginning January 1st). (b) Upon determining that an Operator or Driver has committed multiple violations or has received multiple warnings within a 12 month period (beginning January 1st of each year), the Ground Transportation Unit may request, in writing, that the Executive Director or his designee schedule a hearing to determine whether the Executive Director or his designee shall suspend the Operator or Driver for a period not-to-exceed 60 calendar days, or shall issue a fine not-to-exceed $500.00. The request for Suspension shall be in the form of a "request for Suspension for multiple violations" as designated by the Ground Transportation Unit. The request shall state the date of the request; the name of the Operator or Driver who is the subject of the request; and the reason for the request for Suspension. The request shall also indicate that the Ground Transportation Unit send a copy of the request, certified mail, to the subject Operator or Driver. 7/1/93 740 CMR - 84 (c) Within a reasonable time after receipt of the request, the Executive Director or his designee shallschedule a hearing to determine whether the Operator or Driver shall be suspended or fined for multiple violations or multiple warnings. The Executive Director or his designee shall notify the Operator or Driver and the Ground Transportation Unit, in writing, of the reason for the request for Suspension for multiple violations and the date, time and place for the hearing within a reasonable time before the date of the hearing. If the Operator or Driver receives written notice of the date, time, place and purpose of the hearing and fails to attend the hearing, suchfailure may constitute a waiver of the right of the Operator or Driver to contest the decision. At the conclusion ofthe hearing, the Executive Director or his designee shall provide the Operator or Driver and the appropriate representative of the Ground Transportation Unit with written notice of the decision. (9) Termination or Suspension Pursuant to Operating Agreement. Inadditionto the procedures set forth in 740 CMR 23.99 et seq., the Authority may suspend an Operator or terminate an Operator's Operating Agreement pursuant to the terms and conditions set forth in the Operating Agreement. (10) Hearings. Allhearings shall be conducted pursuant to procedures established by the Authority and in accordance with M.G.L. c. 30A. 7/1/93 740 CMR - 85