Airport Commission City and County of San Francisco Edwin M. Lee Mayor Rules and Regulations Commissioners: San Francisco International Airport Larry Mazzola President Linda S. Crayton Vice President Adopted: November 2009 Eleanor Johns Richard J. Guggenhime Peter A. Stern John L. Martin Director (Includes Amendments through August 28, 2012) Issued by: The Airport Commission City and County of San Francisco 1 City and County of San Francisco Airport Commission's Rules and Regulations City and County of San Francisco Airport Commission's Rules and Regulations AIRPORT COMMISSION CITY AND COUNTY OF SAN FRANCISCO EDWIN M. LEE MAYOR COMMISSIONERS LARRY MAZZOLA PRESIDENT LINDA S. CRAYTON VICE PRESIDENT ELEANOR JOHNS RICHARD J. GUGGENHIME PETER A. STERN City and County of San Francisco Airport Commission's Rules and Regulations FOREWORD The statements contained herein express the policy of the San Francisco Airport Commission, duly adopted as the Rules and Regulations, and are intended to ensure the safe and efficient operations of San Francisco International Airport. These Rules and Regulations govern the general conduct of the public, tenants, employees, and commercial users of San Francisco International Airport as their activities relate to the possession, management, supervision, operation and control of San Francisco International Airport by the City through its Airport Commission. JOHN L. MARTIN AIRPORT DIRECTOR TABLE OF CONTENTS Section .....................................................................................................................Page Section 1 - Definitions ........................................................................................................ 1 1.1 Definitions................................................................................................................. 1 Section 2 - Violation, Severability And Interpretation .................................................... 6 2.1 Administrative Interpretation of Rules ...................................................................... 6 2.2 Violation of Rules ..................................................................................................... 6 2.3 Severability ............................................................................................................... 6 Section 3 - General .............................................................................................................. 7 3.1 Air and Ground Traffic Rules.................................................................................... 7 3.2 Emergencies ....................................................................................................... 7 3.3 General Conduct ...................................................................................................... 7 (A) Litter and Refuse ......................................................................................... 7 (B) Recycling ..................................................................................................... 7 (C) Dogs and Other Animals ............................................................................. 8 (D) Restricted Areas .......................................................................................... 8 (E) Commercial Activities .................................................................................. 8 (F) Advertisements ........................................................................................... 8 (G) Commercial Photography............................................................................ 8 (H) Lost and Found Articles .............................................................................. 8 (I) Damage to Airport Property ........................................................................ 8 (J) Airport Property, Equipment and Systems .................................................. 9 (K) Smoking ...................................................................................................... 9 (L) Pedestrian Movement ................................................................................. 9 (M) Tenant Conduct Regarding Unauthorized Activities ................................... 10 (N) Emergency Procedures............................................................................... 10 (O) Tenant Construction Requirements ............................................................ 10 (P) Airport Signs................................................................................................ 10 (Q) Passenger Elevators, Moving Walkways and Escalators ........................... 10 (R) Wildlife Management................................................................................... 10 (S) Non-Discrimination Policy ........................................................................... 11 (T) Bicycles ....................................................................................................... 11 (U) SmarteCartes .............................................................................................. 12 3.4 Airport Construction and Obstruction Control .......................................................... 12 3.5 Passenger Terminal Regulations ............................................................................. 12 (A) Wheelchairs ................................................................................................ 12 (B) Stanchions................................................................................................... 13 (C) Porter Service – Tenant Compliance .......................................................... 13 (D) Designated Terminal Employee Seating and Break Areas ........................ 13 (E) Priority Disabled Seating and Wheelchair Waiting Areas ........................... 14 (F) Use of the Berman Reflection Room .......................................................... 14 (G) Prohibition Against Movement of Airport-Owned Public Seating ................ 15 Section 4 - Operation Of Motor Vehicles .......................................................................... 16 4.1 Traffic Signs, Directions and Signals ....................................................................... 16 4.2 Reserved, Posted or Restricted Parking Area ......................................................... 16 4.3 Authorization to Move Vehicles ................................................................................ 17 4.4 Use of Roads and Walks.......................................................................................... 17 4.5 Parking and Stopping of Vehicles ............................................................................ 17 4.6 Curb Markings .......................................................................................................... 17 (A) Red Zone..................................................................................................... 17 (B) Yellow Zone................................................................................................. 17 i 4.7 4.8 4.9 (C) White Zone .................................................................................................. 18 (D) Red and Yellow Zone .................................................................................. 18 (E) Green and White Zone ................................................................................ 18 (F) Red and White Zone ................................................................................... 18 (G) Blue and White Zone................................................................................... 18 Courtesy Vehicles, Limousines, Buses, Charter Vans and Taxicabs ...................... 18 (A) Commercial Operators of Ground Transportation Services ....................... 19 1. Applicability ........................................................................................... 19 2. Permits Required .................................................................................. 19 3. Registration of Vehicles ........................................................................ 20 4. Vehicle Descriptions.............................................................................. 21 5. Monthly Fee Amounts ........................................................................... 21 6. Payment of Monthly Fees ..................................................................... 21 7. Maintenance and Inspection of Permittee's Records; Sample Vehicle Trip Counts.................................................................. 22 8. Waybills ................................................................................................. 22 9. Curb Locations ...................................................................................... 23 10. Headways ............................................................................................ 24 11. Courtyard Parking and Staging Area ................................................... 24 12. Inspection of Vehicles .......................................................................... 25 13. Passenger Receipts ............................................................................. 27 14. Complaint Cards .................................................................................. 27 15. Driver Photo Identification Cards ......................................................... 27 16. Tampering with Airport Operating Decals and/or AVI Transponders .. 27 17. Administrative Sanctions and Fines ..................................................... 27 (B) Limousines .................................................................................................. 27 1. Operations .............................................................................................. 27 2. Permit Required ..................................................................................... 29 (C) Courtesy Vehicles ....................................................................................... 30 (D) Taxicabs ...................................................................................................... 31 (E) Conduct on Airport Roadways .................................................................... 36 Vehicle and Driver Regulations on Secured Area/Air Operations Area (AOA) Or As Airport Permitee ............................................................................................. 38 (A) Drivers ......................................................................................................... 38 (B) Vehicles ....................................................................................................... 40 (C) Refueling Vehicles ...................................................................................... 42 (D) Vehicle Accidents ........................................................................................ 42 Vehicle and Driver Enhanced Safety Program ........................................................ 42 (A) Driver Violations .......................................................................................... 42 (B) Vehicle Violations ........................................................................................ 43 Section 5 - Aircraft Operation ............................................................................................ 44 5.1 Operation of Aircraft ................................................................................................. 44 5.2 Aircraft Incident Reports........................................................................................... 44 5.3 Disabled Aircraft ....................................................................................................... 44 5.4 E xtended On-Airfield Flight Delays .......................................................................... 44 5.5 Right of Airport Director to Control the Airfield ........................................................ 45 5.6 Two-Way Radio, Brakes, and Terminal Control Area Requirements ...................... 45 5.7 Starting or Running of Aircraft Engines ................................................................... 45 5.8 Run-Up of Aircraft Engines ..................................................................................... 45 5.9 Registration and Fees ............................................................................................. 46 5.10 Taxiing or Moving of Aircraft on Operational Areas ................................................ 46 5.11 Parking Responsibility ............................................................................................. 47 5.12 Taxiing Into or Out of Hangars ................................................................................ 47 5.13 Aircraft Marking During Low Visibility Periods ........................................................ 47 5.14 A ircraft Repairs ........................................................................................................47 5.15 Parking and Washing of Aircraft ............................................................................. 48 ii 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 Training Flights and Student Pilots ......................................................................... 48 Use of Unsafe Areas ............................................................................................... 48 Markings, Signs and Signals ................................................................................... 48 Terminal Ramp and Gate Restriction ...................................................................... 48 Passenger Enplanning and Deplaning .................................................................... 49 Helicopter Operations .............................................................................................. 49 Air Traffic Rules ....................................................................................................... 49 Intoxicants and Drugs ............................................................................................. 49 Charter Aircraft ........................................................................................................ 49 Personal Listening Devices ..................................................................................... 49 Section 6 - Fire And Safety ................................................................................................ 50 6.1 Fire Marshal ............................................................................................................50 6.2 Handling of Explosives and Other Hazardous Materials ........................................ 50 6.3 Fire Extinguishers and Equipment .......................................................................... 51 6.4 Fire Protection Systems .......................................................................................... 51 6.5 Open Flames ........................................................................................................... 52 6.6 Reporting Fires ........................................................................................................ 52 6.7 Inspection and Cleaning Schedules ........................................................................ 52 6.8 Litter and Cleaning of Allotted Space ...................................................................... 52 6.9 Control of Contaminants ......................................................................................... 53 6.10 Fueling of Aircraft ....................................................................................................53 6.11 Aircraft Parts and Cleaning Materials ..................................................................... 54 6.12 Gasoline Storage for Automotive Vehicles ............................................................. 54 6.13 Engine Operations Within Hangars ......................................................................... 54 6.14 Heating and Lighting of Hangars ............................................................................ 54 6.15 Paint, Varnish and Lacquer Use ............................................................................. 55 6.16 Testing or Operation of Radio Equipment ............................................................... 55 6.17 Delivery of Aviation Fuels ........................................................................................ 55 Section 7 - Airport Security ............................................................................................... 57 7.1 Security Requirements ............................................................................................ 57 7.2 Security Enforcement Program ............................................................................... 59 Section 8 - Airport Environmental Standards ................................................................. 61 8.1 General .................................................................................................................... 61 8.2 Clean Air Vehicles .................................................................................................... 61 8.3 General Waste Water Operational Requirements .................................................. 61 8.4 Sanitary Sewage ..................................................................................................... 63 8.5 Industrial Wastewater Discharge ............................................................................ 64 8.6 Storm Water ............................................................................................................ 65 8.7 Hazardous Materials and Hazardous Waste Management .................................... 66 8.8 Spills and Clean-Up Responsibilities ...................................................................... 66 8.9 De-Icing Policy and Procedures .............................................................................. 67 8.10 Non-Compliance ..................................................................................................... 67 Section 9 - Airport Permit, Lease or Agreement Requirement ...................................... 69 9.1 Airport Operating Permit Required .......................................................................... 69 9.2 Operating a Business on Airport Property .............................................................. 69 Section 10 - Trip Reduction Rule ...................................................................................... 70 10.1 Vehicle Trip Reduction Objectives .......................................................................... 70 (A) Program Goals and Performance Objectives ............................................ 70 10.2 Requirement of All Airport Tenants & Contractors Under Individual Tenant Agmts 70 (A) Employee Notification ................................................................................ 70 (B) Employee Surveys ..................................................................................... 70 iii 10.3 10.4 10.5 10.6 10.7 10.8 10.9 (C) Employee Task Force ................................................................................ 70 (D) Commute Alternative Information .............................................................. 71 (E) Contractors Under Individual Tenant Agreements ..................................... 71 Requirements for Airport Tenants and Contractors Under Individual Tenant Agreements With 20 or More Employees ............................................................... 71 (A) Meeting Goals Described in Section 10.1(A)(1-3) ..................................... 71 (B) Employee Transportation Coordinator (ETC) ............................................ 71 (C) Tenant Program Manager .......................................................................... 71 (D) Tenant Trip Reduction Program ................................................................. 72 (E) Tenant Trip Reduction Program – Commuter Benefits Program................ 73 Airport Transportation Demand Management (TDM) Program .............................. 75 (A) Designation of Airport Transportation Demand Mgmt (TDM) Manager...... 75 (B) Meetings and Assistance ........................................................................... 75 (C) Implementation ........................................................................................... 75 (D) Airport Trip Reduction Program ................................................................. 76 Incentives ................................................................................................................. 76 C onfidentiality .......................................................................................................... 76 Enforcement ............................................................................................................76 A ppeal .................................................................................................................... 76 Definitions ................................................................................................................ 77 Section 11 - Noise Abatement Regulation ....................................................................... 80 11.1 P urpose ................................................................................................................... 80 11.2 E ffective Date .......................................................................................................... 80 11.3 Definitions ................................................................................................................ 80 11.4 Regulation ............................................................................................................... 81 (A) Stage 3 Requirement for Aircraft ............................................................... 81 (B) Auxiliary Power Unit (APU) ........................................................................ 81 (C) Aircraft Engine Run-Ups ............................................................................ 81 (D) Noise Abatement Procedures .................................................................... 82 (E) Sanctions .................................................................................................... 82 (F) Variances ....................................................................................................83 (G) Nighttime Noise Clearance Center .............................................................83 11.5 C onstruction of the Regulation ................................................................................ 83 11.6 S everability .............................................................................................................. 83 11.7 Repeal ................................................................................................................... 83 Section 12 - Labor Peace/Card Check Rule And Model Card Check Agreement ........ 85 12.1 P urpose ................................................................................................................... 85 12.2 Definitions ................................................................................................................ 85 12.3 L abor Peace/Card Check Duties ............................................................................ 86 (A) Employer/Contractor Duties ....................................................................... 86 (B) Airport Director Duties ................................................................................ 87 (C) Labor Organization's Duties ....................................................................... 87 (D) Exemptions ................................................................................................. 88 12.4 Model Labor Peace/Card Check Agreement .......................................................... 89 12.5 Enforcement ............................................................................................................89 12.6 E ffective Date .......................................................................................................... 89 12.7 S everability .............................................................................................................. 89 Section 13 – Free Speech and Expressive Activities ...................................................... 93 13.1 Findings .................................................................................................................... 93 13.2 C ontent Neutral ........................................................................................................ 94 13.3 G eneral Requirements ............................................................................................. 94 13.4 A ppropriate Areas ................................................................................................... 95 13.5 Solicitation for the Immediate Receipt of Funds Prohibited ..................................... 96 iv 13.6 13.7 13.8 13.9 13.10 Permit Required ...................................................................................................... 96 Prohibited Conduct .................................................................................................. 98 Suspension and Revocation of Permits .................................................................. 98 Emergencies ........................................................................................................... 99 Effective Date .......................................................................................................... 99 Section 14 - General Fines ................................................................................................ 100 (A) Fine Schedule ............................................................................................ 100 1. Parking .................................................................................................. 100 2. Ground Transportation Operations ....................................................... 100 3. Solicitation ............................................................................................. 102 4. Miscellaneous ....................................................................................... 102 5. Trip Reduction Rule Enforcement Fines ............................................... 102 (B) Administrative Fines ................................................................................... 103 1. Fire and Safety ...................................................................................... 103 2. Ground Transportation Operations ....................................................... 103 3. Ground Transportation Operating Permit ............................................. 103 4. Other Administrative Fines as Referenced in Airport Operating Permit 103 v City and County of San Francisco Airport Commission's Rules and Regulations RULE 1.0 DEFINITIONS Unless otherwise expressly stated and defined in a separate Rule and Regulation, the following terms shall, for the purpose of these Rules and Regulations, have the meaning indicated. 1.1 "Aircraft" shall mean any and all contrivances now known or hereafter designed, invented, or used for navigation of or flight in the air. 1.2 "Airline Cargo Areas" shall mean those areas where the primary activity is the loading, unloading, storage and overall processing of air freight and mail. The Air Cargo Area includes, but is not limited to, cargo buildings/hangars, loading docks, aircraft aprons, and auto parking. 1.3 "Airline Maintenance Areas" shall mean those areas where the primary activity is the routine maintenance and/or major overhaul of air carrier aircraft and engines, parts, accessories, ground service vehicles and other equipment. The Airline Maintenance Area includes, but is not limited to, maintenance hangars, aircraft aprons, and auto parking. 1.4 "Airline Support Areas" shall mean those areas where activities other than airline maintenance, cargo, and passenger processing that support overall airline operations are conducted. The Airline Support Area includes, but is not limited to, in-flight kitchens, catering, employee cafeterias, parking lots, offices, storage facilities, and training schools. 1.5 "Airport" shall mean all land and improvements located within the geographical boundaries of the San Francisco International Airport, San Mateo County, California, exclusive of the SFO U.S. Coast Guard Air Station. “Airport” may also be referred to as “SFO” or “SFIA”. 1.6 "Airport Airfield Areas" shall mean those areas where the primary activity is the accommodation of aircraft operations. Aircraft operations include aircraft landing, taxiing, take-off, and passenger enplanement/deplanement at a gate. The Airfield Area includes, but is not limited to, the landing areas, runways, taxiways, ramps, aprons, adjacent infield areas, airfield lighting, navigational aids, secured service roads, and other facilities necessary for the support and maintenance of the airfield areas. 1.7 "Airport Landside Areas" shall mean those areas of the Airport that include, but are not limited to, on-Airport roadways, courtyards, bridges, parking lots, garages, and transportation systems. The primary activity in the Landside Area is the movement of goods, services and people, including transporting employees, passengers, meeters and greeters, and various business and service company personnel, from outside the Airport to all areas within the Airport. 1.8 “Airport Security Program (ASP)” shall mean the security program issued by the Airport Director which contains procedures, measures, facilities and equipment designed to ensure Airport security both required and approved by the Transportation Security Administration. 1.9 "Airport Support Areas" shall mean areas where activities are conducted that serve both public as well as private interests in general support of the Airport's 1 City and County of San Francisco Airport Commission's Rules and Regulations Operations and other functional areas. The Airport Support Area includes, but is not limited to, crash/fire rescue stations, utility facilities and distribution systems; storm and sewage drainage facilities; Airport administration, maintenance, engineering and police facilities; auto parking; bank and hotel facilities; commercial office buildings; educational facilities; fuel storage areas; State and Federal agency facilities (Coast Guard, FAA, FBI). 1.10 1.11 1.12 "Airport Terminal Areas" shall mean areas where the primary activity is the processing of airline passengers. Passengers processing includes baggage check-in, ticketing, aircraft enplaning and deplaning, inter-terminal/transportation center connections, food servicing, rental car transactions and all other normally associated services and amenities available for processing passengers. The Terminal Area includes, but is not limited to, terminal buildings, baggage facilities, boarding areas, parking lots/garages and transportation centers. "Air Operations Area" (AOA) shall mean that portion of the Airport designated and used for aircraft movement including landing, taking off, or surface maneuvering of aircraft except the Secured Area. “Apron” shall mean that portion of the Secured Area/AOA which accommodates aircraft for the purposes of parking, loading and unloading passengers or cargo, refueling, or maintenance. Same as Ramp (see Section 1.36). 1.13 "Bus" shall mean a motor vehicle with more than 10 seats, which is used or maintained for the transportation of passengers. Buses exclusively powered by electric, natural gas or other alternative fuels to either diesel fuel or gasoline as approved by the Airport Director shall be considered clean fuel vehicles. 1.14 "City" shall mean the City and County of San Francisco. 1.15 “Clear Zone” shall mean the area adjacent to the Secured Area/AOA perimeter fence measuring 10 feet on each side of the AOA fenceline. 1.16 "Commission" shall mean the Airport Commission of the City and County of San Francisco. 1.17 "Courtesy Vehicle" shall mean those vehicles which are used in the business operation of any hotel, motel, parking lot, restaurant or auto rental office solely to transport customers between points at San Francisco International Airport and such hotel, motel, parking lot, restaurant or automobile rental office located on or off Airport property. Courtesy vehicles exclusively powered by electric, natural gas or other alternative fuels to either diesel fuel or gasoline as approved by the Airport Director shall be considered clean fuel vehicles. 1.18 "Director" shall mean the Airport Director for the City and County of San Francisco or his/her duly authorized representative. 1.19 "Shared Ride Van Service" shall mean transportation service provided in vans between the Airport and any destination requested by a passenger that lies within a carrier's authorized service area, pursuant to a Passenger Stage Certificate issued by the State of California Public Utilities Commission and a Commercial Ground Transportation Operating Permit Issued by the Director. 2 City and County of San Francisco Airport Commission's Rules and Regulations 1.20 “Foreign Object Debris (FOD)” shall mean any material found on runways, taxiways, and aprons that can cause damage to aircraft. 1.21 "Fuel Storage Area" shall mean those portions of the Airport designated by the Airport Commission as areas in which gasoline or any other type of fuel may be stored, including, but not limited to gasoline tank farms and bulkheads, piers or wharves at which fuel is loaded. 1.22 “Incursion” shall mean any occurrence at the airport involving the incorrect presence of an aircraft, vehicle or person on the protected area of a surface designated for the landing and take-off of aircraft. 1.23 “Jet Blast” shall mean the jet engine exhaust or propeller wash from an aircraft. 1.24 "Landing Area" shall mean those portions of the Airport, including runways and taxiways, designated and made available for the landing, taking off, and taxiing of aircraft and shall include other areas between and adjacent to said runways and taxiways. 1.25 " Limousine" shall mean a chauffeur-operated luxury-type sedan (standard or extended length), sport utility vehicle (standard or extended length), or Airportapproved vans equipped with aftermarket accessories to provide luxury interior appointments similar to those found in luxury limousines, available for charter, having a seating capacity of not less than four passengers nor more than nine passengers, including the driver, and which requires a Charter Party Permit from the State of California Public Utilities Commission. Limousines exclusively powered by electric, natural gas or other alternative fuels to either diesel fuel or gasoline as approved by the Airport Director shall be considered clean fuel vehicles. 1.26 “Operator” on the Secured Area/Air Operations Area (AOA) shall mean any person who is in actual physical control of an aircraft or a motor vehicle. 1.27 "Oversize Vehicle" shall mean any vehicle exceeding the posted height and width limitations of the service road and underpasses. 1.28 “Owner” on the Secured Area/Air Operations Area (AOA) shall mean a person who or entity that holds the legal title to an aircraft or a motor vehicle. 1.29 “Passenger Loading Bridge” shall mean an enclosed movable connector which extends from the Airport Terminal to an airplane enabling passengers to board and disembark. 1.30 "Passenger Ramp Area" shall mean those portions of the Airport designated for the ground level loading of passengers to and from aircraft. 1.31 "Permit" shall mean a written authorization issued by the Airport Director which authorizes specific activity or occupancy of space within the Airport. 1.32 "Person" shall mean any individual, firm, co-partnership, corporation, company, association, joint stock association, or political body, and includes any trustee, receiver, assignee, or representative thereof. 1.33 “Police” shall mean the Airport Bureau of the San Francisco Police Department (S.F.P.D. or SFPD Airport Bureau). 3 City and County of San Francisco Airport Commission's Rules and Regulations 1.34 "Pre-Arranged Lower-Level Transit Service" shall mean Shared Ride Van Service provided in vans between the Airport and any destination requested in advance of the pickup by a passenger that lies within a carrier's authorized service area, pursuant to a Passenger Stage Certificate issued by the State of California Public Utilities Commission and a Commercial Ground Transportation Operating Permit issued by the Director. 1.35 “Ramp” shall mean that portion of the Secured Area/AOA which accommodates aircraft for the purposes of parking, loading and unloading passengers or cargo, refueling, or maintenance. See Apron (Refer to Section 1.12). 1.36 “Restricted Areas” shall mean the areas of the Airport to which entry or access by the general public is either limited or prohibited. All areas other than public areas are considered restricted. 1.37 "Roadway" shall mean that portion of a highway or street improved, designed, or ordinarily used for vehicular travel. 1.38 "Scheduled Service" shall mean a ground transportation service which operates to established stops or drop off points adhering to an established schedule with valid operating authority from the State of California Public Utilities Commission. 1.39 “Secured Area” shall mean those portions of the Airport designated in the Airport Security Plan (ASP) to which access is restricted and controlled where aircraft operators enplane and deplane passengers and sort and load baggage. 1.40 “ Security Identification Display Area (SIDA)” shall mean that portion of the Airport where the Airport-issued or Airport-approved identification media shall be displayed on the outermost garment at or above the waist at all times. 1.41 "Service Road" shall mean the designated roadway network on the airfield side of the facility. That network includes both painted and unpainted traffic lanes around the passenger terminals, cargo facilities and maintenance areas. 1.42 “Sterile Area” shall mean those portions of the Airport’s terminal complex between the entrances to aircraft and the TSA-controlled security checkpoints for the screening of persons and property. 1.43 "Stretch Limousine" shall mean a chauffeur-operated luxury-type sedan (standard or extended length), sport utility vehicle (standard or extended length), or Airport-approved vans equipped with aftermarket accessories to provide luxury appointments similar to those found in luxury limousines available for charter with a length exceeding 20 feet and which requires a Charter Party Permit from the State of California Public Utilities Commission. Stretch Limousines exclusively powered by electric, natural gas or other alternative fuels to either diesel fuel or gasoline as approved by the Airport Director shall be considered clean fuel vehicles. 1.44 "Tailgating" shall mean the unauthorized process of two or more persons entering the Secured Area/AOA on the same card swipe. This is also known as piggybacking. 4 City and County of San Francisco Airport Commission's Rules and Regulations 1.45 “Taxicab” shall mean a motor-propelled passenger-carrying vehicle of a distinctive color or colors of an appearance customary for taxicabs in the United States operated at rates per mile or upon a waiting time basis or both, equipped with a taxi meter, and used for the transportation of passengers for hire over and upon the public streets and highways, not over a defined route but in accordance with and under the direction of the person hiring such vehicle as to the route and destination. Taxicabs exclusively powered by electric, natural gas or other alternative fuels to either diesel fuel or gasoline as approved by the Airport Director shall be considered clean fuel vehicles. 1.46 "Tenant" shall mean a leaseholder, permittee or other occupant of land or premises within the boundaries of the San Francisco International Airport, and his or her sublessee or duly authorized agent. For the purpose of these regulations, "tenant" shall also include any party who discharges sanitary sewage, industrial waste or stormwater into the respective systems owned and operated by City. 1.47 "Tenant Construction" shall mean any new construction, alteration, replacement, renovation, repairs, relocation or demolition by an Airport tenant or their contractor(s). 1.48 "Terminal Building" shall mean all buildings and structures located within the Airport and open to the public for the purpose of flight ticket purchase, public lobby waiting, baggage check-in and those other services related to public air travel. 1.49 “Transportation Security Administration (TSA)” shall mean the Federal agency created by the November 19, 2001 enactment of the Aviation Transportation and Security Act (ATSA) responsible for overall security of the nation’s transportation system. 1.50 "Trip" shall mean each time a permittee's vehicle passes in front of the Airport's terminal buildings, whether on the upper or lower roadway, except for those scheduled transit permittees who operate on an Airport-approved schedule. A trip for a scheduled transit permittee is defined as a scheduled arrival at/or departure from the Airport. 1.51 "Van" shall mean a motor vehicle with 10 seats or less, which is used or maintained for the transportation of passengers. Vans exclusively powered by electric, natural gas or other alternative fuels to either diesel fuel or gasoline as approved by the Airport Director shall be considered clean fuel vehicles. 1.52 "Vehicle" shall mean any automobile, truck, motorcycle, bicycle, and other wheeled conveyances in which any person or property can be transported upon land, except aircraft. 1.53 “Water Perimeter Security Zone (WPSZ)” shall mean a zone that extends 200 yards seaward from the high tide mark of the shorelines surrounding the Airport. The security zone is identified by a buoy system deployed at prescribed geographical latitudes/longitudes. 5 City and County of San Francisco Airport Commission's Rules and Regulations RULE 2.0 VIOLATION, SEVERABILITY AND INTERPRETATION 2.1 ADMINISTRATIVE INTERPRETATION OF RULES In the event that any provision of these Rules and Regulations is deemed to be ambiguous and a determination as to the meaning of the provision is required, the matter shall be referred to the Director. The Director's determination as to the meaning of the provision shall be final and shall be deemed incorporated in these Rules and Regulations as though it were fully set forth herein. 2.2 VIOLATION OF RULES Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of these Rules and Regulations or any lawful order issued pursuant thereto may be denied use of the Airport by the Director, in addition to the penalties described pursuant to federal, state or local authorities. 2.3 SEVERABILITY (A) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of these Rules and Regulations or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or other competent agency, such decision shall not affect the validity or effectiveness of the remaining portions of these Rules and Regulations or any part thereof. The Airport Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (B) If the application of any provision or provisions of these Rules and Regulations to any lot, building, sign or other structure, or parcel of land is found to be invalid or ineffective in whole or in part by any court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the property or situation immediately involved in the controversy, and the application of any such provision to other properties and situations shall not be affected. (C) This Section 2.3 shall apply to every portion of these Rules and Regulations as it has existed in the past, as it now exists and as it may exist in the future, including all modifications thereof and additions and amendments thereto. 6 City and County of San Francisco Airport Commission's Rules and Regulations RULE 3.0 GENERAL Written operating procedures issued by the Director shall be considered as addenda to these Rules and Regulations. 3.1 3.2 3.3 AIR AND GROUND TRAFFIC RULES (A) All applicable Federal and State laws and regulations and the laws and regulations of any other legal authority having jurisdiction, as now in effect or as they may from time to time be amended, are hereby incorporated as part of these Rules and Regulations as though fully set forth herein. (B) Permits issued by the Airport are the property of the Airport and are subject to revocation by the Director. EMERGENCIES (A) When the Director determines that an emergency affecting the health, welfare and/or safety of persons and/or property exists at the Airport, the Director shall be empowered to take that action which, within the Director's discretion and judgment, is necessary or desirable to protect persons and property and to facilitate the operation of the Airport. (B) During such an emergency the Director may suspend these Rules and Regulations, or any part thereof, and the Director may in addition issue such orders, rules and regulations as may be necessary. (C) The Director shall at all times have authority to take such reasonable action as may be necessary for the proper conduct and management of the Airport and the public. GENERAL CONDUCT (A) Litter and Refuse No person shall place, discharge, or deposit in any manner, papers, trash, rubbish, food wastes or other refuse anywhere on the Airport, except in Airportapproved receptacles and other such places prescribed by the Director. All litter and refuse must be covered when transported in vehicles, and all receptacles for said materials must have covers. Stored or transported litter or garbage must be in tied plastic bags. Trash bags shall not be left unattended on jet bridges or any portion of the ramp surface. (B) Recycling (1) Disposing of Recycled Trash When trash is collected from the Airport facilities, it is expected that it be disposed of in the appropriate separated recycle container located in each of the designated trash disposal areas. All separated recycled trash must be disposed of in the appropriate recycle bin (food waste, general garbage, bottles and cans or 7 City and County of San Francisco Airport Commission's Rules and Regulations newspaper/paper) in the designated trash areas. All tenants of the Airport are prohibited from disposing of separated recycled items into any trash compactor, or general trash bin. All tenants are responsible for ensuring appropriate compliance with the policy and violators of this policy are subject to admonishment. (2) Tenant Recycling Tenants are encouraged to implement recycled trash programs in their exclusive areas, and where such programs exist, proper disposal is required. (C) Dogs and Other Animals No person shall enter a terminal building with any animal, except certified service animals, unless the animal is properly confined or ready for shipment. Animals are permitted in other areas of the Airport if on a leash or restrained in such manner as to be under control. (D) Restricted Areas No person shall enter any restricted area posted by the Director as closed to the public, except persons assigned to duty therein or authorized by the Director, and who are in possession of a proper permit. (E) Commercial Activities No person shall enter or remain on Airport property and buy, sell, peddle or offer for sale or purchase any goods, merchandise, property or services of any kind whatsoever, on or from Airport property, without the express written consent of the Director or the Director's duly authorized representative. (F) Advertisements Except as otherwise allowed under Section 13 of the Rules and Regulations, no person shall post, distribute, or display signs, advertisements, circulars, printed or written matter at the Airport, without the express written consent of the Director and in such manner as the Director may prescribe. (G) Commercial Photography No person, except representatives of the news media on duty or during official assignments, shall take still, motion, television, or sound pictures for commercial purposes on the Airport without the express written consent of the Director. (H) Lost and Found Articles Any person finding lost articles shall submit them to the Police. Any lost articles abandoned within the passenger security checkpoints will be turned over to the Transportation Security Administration personnel. (I) Damage to Airport Property No person shall destroy or cause to be destroyed, injure, damage, deface, or disturb in any way, property of any nature located on the Airport, nor willfully abandon any personal property on the Airport. Any person causing or 8 City and County of San Francisco Airport Commission's Rules and Regulations responsible for such injury, destruction, damage or disturbance shall report such damage to the Police and, upon demand by the Director, shall reimburse the Airport for the full amount of the damage. If the damage occurs on the Air Operations Area (AOA), contact the Airport Communications Center at (650) 876-2323. Any person causing or failing to report and/or reimburse the Airport for injury, destruction, damage or disturbance of Airport property, may be refused the use of any facility until and unless said report and/or reimbursement has been made. (J) Airport Property, Equipment and Systems For Airport-Owned property, equipment and systems, the Airport reserves the right to require that individuals receive training prior to use of said property, equipment and systems. (K) S moking (1) Secured Area/Air Operations Area No person shall smoke or carry lighted cigars, cigarettes, electronic cigarettes, pipes, matches or any naked flame in or upon the Secured Area/Air Operations Area nor any open deck, gallery or balcony contiguous to or overlooking the Secured Area/Air Operations Area. (2) Places of Employment Smoking, and use of electronic cigarettes, is prohibited in enclosed places of employment. (3) Prohibition of Smoking in Public Areas of Airport (a) Smoking, and use of electronic cigarettes, is prohibited in all public areas of San Francisco International Airport terminal buildings. (b) The public areas of San Francisco International Airport terminal buildings include all enclosed areas of the buildings to which members of the general public have access. Such areas include, by way of example only, terminal lobbies, baggage claim areas, restaurants, restrooms open to the public, stairways, hallways, escalators, moving walkways, and elevators. (c) Smoking, and use of electronic cigarettes, is prohibited in public curbside areas outside of and adjacent to Airport terminal buildings except in specifically designated areas. (d) Designated smoking areas are located outside and at a minimum of 20’ from the building entrances. (e) Smoking, and use of electronic cigarettes, is prohibited in the Airport's designated ground transportation zones at the terminals, Rental Car Center, and Long Term Parking Garage, and at the ground transportation staging lots, including the taxicab staging lots, except in specifically designated areas. 9 City and County of San Francisco (L) Airport Commission's Rules and Regulations Pedestrian Movement No pedestrian shall traverse the aircraft apron area between boarding areas. (M) Tenant Conduct Regarding Unauthorized Activities No tenant, tenant employee, or any other employee authorized to perform any function on the Airport, shall in any way assist any person to engage in any activity on the Airport which is not authorized by the Commission or Director. (N) Emergency Procedures All Airport tenants shall immediately report emergencies to Airport Communications via Airport local 6-2323 or (650) 876-2323 or dial 911 from a pay or cell phone. All airline tenants must develop and maintain written procedures to be used in the event of a bombing and/or bomb threat, natural disaster, hijacking or other emergency and train their personnel in the implementation of those procedures. Airline tenants must annually provide the Director with their emergency procedures and these procedures must interface with procedures established by the Commission. (O) Tenant Construction Requirements Refer to Section 3.4. (P) Airport Signs No signs exposed to public view shall be installed on the Airport without prior written approval from the Director. Sign installations shall conform to the requirements of the San Francisco International Airport Tenant Improvement Guide. (Q) Passenger Elevators, Moving Walkways and Escalators Passenger elevators, moving walkways and escalators shall be restricted to passenger use only. Cargo shall be confined to freight elevators. Tenants and employees are prohibited from using carts for transporting goods or supplies on escalators and moving walkways. Elevators, rather than escalators, shall be used for the movement of hand trucks and similar equipment. Cart and hand trucks are prohibited from being used on escalators and moving walkways. (R) Wildlife Management No person shall feed, approach, disturb, frighten, hunt, trap, capture, wound, kill or disturb the habitat of any wild bird, mammal, reptile, fish, amphibian or invertebrate anywhere within the Airport. Furthermore, no person shall create an attractant for rodents or other wildlife by leaving food or debris in any open and exposed area. It is the responsibility of the tenant to maintain its leasehold areas in a manner that does not promote wildlife hazards. This prohibition shall not apply to the following: (1) Action taken by public officials or their employees and agents, within the scope of their authorized duties, to protect the public health and safety. 10 City and County of San Francisco (S) Airport Commission's Rules and Regulations (2) The taking of fish as permitted by State Fish and Game Regulations. (3) The capturing and/or taking of wildlife for scientific research purposes when done with written permission from the Director. Airport's Nondiscrimination Policy, Annual Workplace Diversity, Disability Access, and Cultural Sensitivity Training, and Airport Director's Authority to Investigate All Complaints of Discrimination or Harassment on the Part of Airport Tenants, Service Providers, Concessionaires and Construction Contractors (1) It is the policy of the Airport Commission that all individuals employed on Airport property, including its employees and the employees of tenants, service providers, concessionaires, and construction contractors are entitled to work without being subjected to discrimination and harassment. (2) It is also the policy of the Airport Commission that all Airport tenants, service providers, concessionaires, and construction contractors shall not discriminate or harass any person employed at SFO or seeking the customer services of SFO tenants, service providers, concessionaires, and construction contractors on the basis of the person’s actual or perceived race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or AIDS/HIV status, weight, height or residence/ business location. (3) Upon the receipt of a complaint that this nondiscrimination policy has been violated, the Airport Director or his or her designee shall immediately and thoroughly investigate the complaint. (4) Should the Airport Director find that a tenant, service provider, concessionaire, or construction contractor has violated this policy, the Director may take appropriate corrective action, including but not limited to, imposing a requirement that the tenant or service provider provide diversity, disability access, and cultural sensitivity training to its Airport based employees. The required training shall take place within a time frame designated by the Director. The tenant or service provider shall be responsible for all costs associated with the training. Tenant or service provider shall choose a trainer from a list provided by the Airport. (5) All organizations employing individuals at the Airport, including tenants, service providers, concessionaires and construction contractors, are urged to provide their employees with annual workplace diversity, disability access, and cultural sensitivity training, which the Director may also require at his or her discretion. Any training sponsored or directed by the Airport shall be in addition to, and not a replacement for, any other training as required by local, state or federal law. (6) The Airport Commission shall provide reasonable levels of technical assistance to those organizations requiring support to develop workplace diversity and cultural sensitivity training. 11 City and County of San Francisco (T) Airport Commission's Rules and Regulations Bicycles (1) On the Air Operations Area (AOA) Bicycles shall not be operated on the Secured Area/Air Operations Area (AOA) outside a tenant’s leasehold area unless authorized by the Airport Director or his designee. The vehicle service roads and ramps areas are all part of the AOA. (2) In the Public Areas Bicycles are prohibited from operating on the R1 inbound and outbound roadways and within terminal buildings at SFO. SFPD Airport Bureau Law Enforcement members are allowed to use bicycles during the course of their official duties. All bicyclists must comply with applicable California Vehicle Code Laws related to Bicycle Use. Bicycles must be parked in designated bicycle racks located throughout the Airport. The Airport is not responsible for damage to or theft or loss of bicycles or any articles left at bicycle rack areas. Bicyclists parking at the Airport must adhere to the posted time limits and be registered with Airport. Bicycles left for periods exceeding these time limits will be removed and disposed of according to applicable law. There is currently no charge for bicycle parking; however, the Airport reserves the right to implement a fee. (upon 30-days notice). All bicycles must be secured to the bike rack at all times when unattended by the owner. While the bicycle rack locations are under general surveillance, persons leaving property in these areas do so at their own risk. Locks left on the rack will also be removed and disposed of. (U) SmarteCarts SmarteCarts are not to be used by employees or tenants to haul items such as trash, odd size bags, maintenance items, etc. nor are they to be held/stored in employee or tenant leasehold areas for any reasons. Use of SmarteCarts on the AOA is strictly prohibited for any reason due to safety concerns. Violation of this rule may result in admonishment and fine. 3.4 AIRPORT CONSTRUCTION AND OBSTRUCTION CONTROL No person shall (1) erect, construct, modify or in any manner alter any structure, sign, post or pole of any type; (2) alter or in any way change color, design or decor of existing Airport improvements; (3) operate, park, or store any equipment, vehicles, supplies or materials; (4) create any mounds of earth or debris; (5) cause or create any physical object on land or water that penetrates the operational air space; (6) conduct any work on Airport premises without first obtaining a building permit from Building Inspection and Code Enforcement (BICE) of the Facilities Division and without strict compliance and adherence to the safety specifications and directions of the Director. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this guide, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 12 City and County of San Francisco Airport Commission's Rules and Regulations All tenant construction must conform to the requirements as contained in the latest edition of the San Francisco International Airport Tenant Improvement Guide. 3.5 PASSENGER TERMINAL REGULATIONS (A) Wheelchairs All wheelchair pushing conducted at the Airport is to be performed with one pusher per wheelchair. Wheelchair pushers are prohibited from performing porter services at the same time as pushing a wheelchair. Wheelchair waiting areas have been designated in each of the terminal lobbies. (B) Stanchions All airlines shall utilize passenger control stanchions. Stanchions shall be located within the space directly in front of the airline counter leasehold or as permitted by the Airport Director. Stanchions and signs used in the Domestic Terminals shall be placed so as to maintain a minimum of 12-feet for a public passage corridor between the narrowest terminal building point and the stanchion farthest out from the counter. Stanchions and signs used in the International Terminal shall also be placed so as to maintain a minimum of 12 feet of public passage between any stanchion and/or sign and any adjacent structure or fixture. The single exception being the required clearance between stanchion arrangements at facing check in counters on Level 3 (e.g. stanchions used for Aisle’s 2 and 3, 4 and 5, etc.). These stanchions shall be placed so as to maintain a minimum of 20 feet of public passage between stanchion arrangements for adjacent check In aisles, such clear space to be maintained through the center of the passageway between adjacent Aisles, with 10 feet of clear space on each side of the center line as defined by a prominent line embedded in the floor finish. The number of stanchions shall be determined by the peak passenger volume or level of activity for the applicable period. Airlines shall relocate their stanchions at the end of their operating day and place them against the face of their counter to facilitate cleaning activities. This also applies to stanchions that may be utilized to control passenger lines associated with the security checkpoints. Post mounted and floor mounted signs are permitted within approved stanchion areas consistent with the following guidelines to content, size and production quality: (1) (2) (3) (4) (5) (6) (7) (8) (C) Passenger processing information as it relates to security or to designate separate queuing lines. Bag size or weight limitation signage. Enter/exit signs. Airline identification signs. Floor sign size shall not exceed 31”w x 67”h and shall be produced in a professional manner conforming to terminal graphic and color standards. Hand lettered, photocopied or paper signs are strictly prohibited. The Director or his representative reserves the right to disapprove and require removal of any signs not conforming to approved guidelines. Advertising content and slogans shall not be included in the signage permitted above. Porter Service - Tenant Compliance Any regularly scheduled passenger airline at San Francisco International Airport 13 City and County of San Francisco Airport Commission's Rules and Regulations shall provide porter services for the passenger’s convenience. Such services shall be available not less than one hour prior to departure at curbside on the departure (upper) level of the Airport for all domestic flights. Porter Service in the International Terminal must be provided on a continual basis by the current International Terminal airline service contractor. Additionally, airlines will insure that continuous porter service is available in the baggage claim areas at the arrival (lower) level of the terminal facilities in conjunction with the delivery of baggage from all arriving flights until the baggage claim area is clear. (D) Designated Terminal Employee Seating and Break Areas Seating in the ticket counter lobby and boarding areas is specifically provided for the comfort and convenience of airport passengers while traveling through SFO. Passengers have priority to the limited seating that is available over employees taking breaks in these areas. Employees are required to utilize company-provided break facilities and other approved areas for employee seating. No sleeping or loud noise is permitted in any public area of the Airport. Employees found lounging or sleeping in the Airport ticket lobby, boarding areas or public seating areas will be directed to relocate to company break rooms or the Airport employee and seating break area. Failure to comply will result in the confiscation of the employee's Airport-issued badge. (E) Priority Disabled Seating and Wheelchair Waiting Areas Priority Disabled Seating and Wheelchair Waiting Areas are available in each of the terminal lobbies. These areas are being provided for the convenience, and as a customer service enhancement, for our disabled passengers. Due to limited seating areas and congestion in the lobbies, these areas are designated for temporary seating while wheelchair assistance is being coordinated. Wheelchair service companies are prohibited from pre-staging or waiting in these areas. Each airline is responsible for coordinating appropriate and timely service for their wheelchair passengers and should avoid lengthy waiting for customers awaiting assistance. Priority Disabled Seating and Wheelchair Waiting Areas are located in designated and signed in the lobby of each terminal. (F) Use Of The Berman Reflection Room The Berman Reflection Room, located in the International Terminal Building, will be open to passengers and employees during its operating hours. The purpose of the Berman Reflection Room is to provide an area for the passengers and employees of San Francisco International Airport to conduct quiet reflective and meditative activities. (1) The Berman Reflection Room is a security sensitive area. Accordingly activity in the Berman Reflection Room is restricted to employees, passengers, or individuals with authorization from the Airport Director. 14 City and County of San Francisco (2) (G) Airport Commission's Rules and Regulations All users of the Berman Reflection Room are required to comply with all provisions of these Regulations and posted signs within the facility. Any violation of regulations or posted signs may result in displacement and restriction from further use. (a) No individual shall use the Berman Reflection Room for lodging or sleeping purposes. (b) No individual shall solicit participants on Airport property for Berman Reflection Room gatherings. (c) No individual shall display or distribute obscene material. (d) Individuals shall exercise care to maintain the areas in use in a safe and sightly condition. (e) Individuals shall conduct their activities on the Airport premises at their own risk and shall exercise all reasonable diligence and precaution to avoid damage to property or injury to persons. (f) Individuals must receive prior approval and a special permit from the Airport Director for the use of incense, candles, or other incendiary devices. (g) Food and/or beverages are not permitted in the Berman Reflection Room unless approved in writing by the Airport Director. (h) Violations of any of the foregoing provisions of these Regulations by any individual may result in termination of use by the Airport Director. (i) The Airport Director may immediately suspend use of the Berman Reflection Room upon the occurrence of any emergency affecting the safety of persons or property in the terminal buildings or when required in the implementation of security procedures. (j) The Airport Director reserves the right at all times herein to impose such other reasonable conditions as may be necessary to avoid injury to persons or damage to property or to assure the safe and orderly use of the Airport facilities by the air-traveling public. (k) Groups wishing to use the Berman Reflection Room can apply for a permit from the Security Access Office. Prohibition Against Movement of Airport-Owned Public Seating The placement of Airport-owned public seating is determined by the Airport. No person shall move any Airport-owned public seating except for cleaning or maintenance purposes. Violators may be fined under Section 14 of these Rules and Regulations. 15 City and County of San Francisco Airport Commission's Rules and Regulations RULE 4.0 OPERATION OF MOTOR VEHICLES 4.1 4.2 TRAFFIC SIGNS, DIRECTIONS AND SIGNALS (A) Motor vehicles shall be operated upon the Airport in strict accordance with the rules herein prescribed for the control of such vehicles and the California Vehicle Code, except in cases of emergency involving the protection of life and/or property. All vehicles operated on Airport roadways must at all times comply with any lawful order, signal or direction by authorized personnel. When traffic is controlled by signs or by mechanical or electrical signals, such signs or signals shall be obeyed unless directed otherwise by authorized personnel. (B) The Director is authorized to place and maintain such traffic signs, signals, pavement markings, and other traffic control devices upon Airport roadways, parking facilities and other Airport property as required to indicate and carry out the provisions of these Rules and Regulations and of the California Vehicle Code to guide and control traffic. (C) Vehicles on Airport roadways shall be operated in strict compliance with the roadway speed limits prescribed by the Airport Commission as indicated by posted traffic signs. RESERVED, POSTED OR RESTRICTED PARKING AREA (A) The Director is authorized to reserve all or any part of parking lots or terminal courtyards or other areas not under lease or permit for the sole use of vehicles of the City and County of San Francisco, its officers or employees, tenants, or for such visitors to the Airport as he may designate, and to indicate such restrictions by appropriate markings and/or signs; designate a parking time limit on any portion of said lots and courtyards; designate any portion of said lots and courtyards as a passenger loading zone or a freight loading zone; designate any portion of said lots and courtyards as a No Stopping, No Waiting or No Parking area; designate where and how vehicles shall be parked by means of parking space markers; and designate direction of travel and indicate same by means of appropriate signs and/or markings. (B) When appropriate signs and/or markings have been installed, no person may park or drive a vehicle on any portion of such lots or courtyards reserved for the exclusive use of any vehicle unless authorized by the Director. (C) Vehicles of working representatives of the news media and communication cars may be parked in designated press parking sections for a period not to exceed two (2) hours while on assignment at the Airport. (D) Vehicles parked in any garage, parking lot or other authorized parking area reserved for public, private or employee use, shall park in such a manner as to comply with all posted and/or painted lines, signs, and rules. (E) Vehicles displaying either a distinguishing license plate or a placard issued pursuant to Section 22511.5 or Section 9105 of the State of California Vehicle Code may park in designated handicapped/disabled parking sections for such periods as indicated by appropriate signs and/or markings. 16 City and County of San Francisco (F) 4.3 Airport Commission's Rules and Regulations Electric Vehicle Plug-In Charging Stations may be located in parking lots, terminal courtyards, garages or other parking areas to provide electric charging for plug-in electric and plug-in electric hybrid vehicles. No vehicle shall stop, wait, or park within the plug-in electric vehicle stalls unless the vehicles are equipped to use the designated plug-in electric charging stations. All other vehicles will be cited pursuant to Rule 14. AUTHORIZATION TO MOVE VEHICLES The Director may remove, or cause to be removed at the owner's expense from any restricted or reserved area, any roadway or right-of-way, or any other area on the Airport any vehicle which is disabled, abandoned, or illegally or improperly parked, or which creates an operations problem. Any such vehicle may be removed to the official vehicle impound areas designated by the Director. Any vehicle impounded shall be released to the owner or operator thereof upon proper identification of the person claiming such vehicle and upon payment of the towing charge currently in effect and the accrued parking fees thereon. The Airport Commission shall not be liable for damage to any vehicle or loss of personal property which might result from the act of removal. 4.4 4.5 USE OF ROADS AND WALKS (A) No person shall operate any vehicle on the Airport other than on the roads or places authorized by the Director for use by that particular type of vehicle. (B) No person shall use the roads or walks on the Airport in such manner as to hinder or obstruct proper use. PARKING AND STOPPING OF VEHICLES No vehicle shall be parked or stopped on the Airport except in the manner and at a location authorized for stopping, standing or parking as indicated by posted traffic signs and/or painted curb markings, or in a parking facility designated for public or employee use. 4.6 C URB MARKINGS (A) R ed Zone No vehicle, whether attended or unattended, shall stop, wait or park in any area adjacent to a curb that is painted red. Unless specifically excepted by the Airport Director, all other vehicles will be cited and towed immediately. Public transit vehicles may stop in a red zone that is duly posted for such use when actively engaged in loading and unloading of passengers and/or baggage. Permitted hotel courtesy shuttles and airline crew shuttles may stop in a red zone that is duly posted for such use when actively engaged in loading or unloading of passengers and/or baggage. Under no circumstances are these permitted vehicles to be left unattended by the driver of said vehicle. Stopping of an authorized commercial ground transportation vehicle in a red zone for the purpose of waiting for passengers and/or baggage is prohibited. No authorized commercial ground transportation vehicles stopped in a red zone shall be left unattended. (B) Y ellow Zone No commercial vehicle shall stop, wait or park in any area adjacent to a curb which is painted yellow, except for the purpose of loading or unloading freight or 17 City and County of San Francisco Airport Commission's Rules and Regulations passengers and for a period not in excess of thirty (30) minutes, or as posted. As authorized by the Director, only limousines, including those commerciallychartered sport utility vehicles of standard or extended length, or Airportapproved vans equipped with aftermarket accessories to provide luxury appointments similar to those found in luxury limousines operating with valid Airport limousine decals, are allowed to use the yellow zones posted for limousine parking on an active loading basis only. (C) White Zone No vehicle shall stop, wait or park in any area adjacent to a curb which is painted white, except that a vehicle may be stopped at a white zone while actively engaged in loading or unloading of passengers and/or baggage. No vehicle stopped in a white zone shall be left unattended. Stopping of a vehicle in a white zone for the purpose of waiting for passengers and/or baggage is prohibited. Use of the white zone by any auto rental firm to pick up or drop off customers in rental vehicles is prohibited unless the customer is physically handicapped per Section 4.7(E)(31). Commercial ground transportation operators may utilize the white zone only if authorized by the Director and as posted. (D) Red and Yellow Zone No vehicle shall stop, wait or park in any area adjacent to a curb which is painted red and yellow except those taxicab operators certified for airport service and authorized by the Director and as posted. No authorized taxicabs are to be left unattended in the zone. (E) Green and White Zone No vehicle shall stop, wait or park in any area adjacent to a curb which is painted green and white, except those vehicles operated by commercial ground transportation operators authorized by the Director and as posted. While actively engaged in loading or unloading of passengers and/or baggage, no authorized commercial ground transportation vehicle stopped in a green and white zone shall be left unattended. (F) Red and White Zone No vehicle shall stop, wait or park in any area adjacent to a curb which is painted red and white, except those vehicles operated by commercial ground transportation vehicles authorized by the Director and as posted. While actively engaged in loading or unloading of passengers and/or baggage, no authorized commercial ground transportation vehicle stopped in a red and white zone shall be left unattended. Stopping of an authorized commercial ground transportation vehicle in a red and white zone for the purpose of waiting for passengers and/or baggage is prohibited. (G) Blue and White Zone No vehicle shall stop, wait or park in any area adjacent to a curb which is painted blue and white, except permitted employee shuttle, parking lot shuttles and those vehicles operated by commercial ground transportation operators authorized by the Director and as posted. While actively engaged in loading or unloading of passengers and/or baggage, no authorized commercial ground transportation vehicle stopped in a blue and white zone shall be left unattended. 18 City and County of San Francisco Airport Commission's Rules and Regulations Stopping of an authorized commercial ground transportation vehicle in a blue and white zone for the purpose of waiting for passengers and/or baggage is prohibited. 4.7 COURTESY VEHICLES, LIMOUSINES, BUSES, CHARTER VANS AND TAXICABS Limousines or buses under written contract with the Airport Commission to provide ground transportation to, from or on the Airport, shall be in possession of a current Charter Party permit or Passenger Stage Permit (Certificate of Public Convenience) issued by the State of California Public Utilities Commission. (A) Commercial Operators of Ground Transportation Services (1) Applicability Section 4.7(A) applies to every person, corporation, partnership, association or consortium that operates a ground transportation service using the roadways of the Airport as part of a business conducted for monetary consideration. Those to whom this section applies are referred to herein as "commercial operators of ground transportation services." (2) Permits Required No commercial operator of ground transportation services shall operate or cause to be operated any vehicle to provide ground transportation services using the roadways of the Airport unless the operation of such vehicles is currently authorized pursuant to: (a) a valid certificate or permit issued by the Public Utilities Commission of the State of California and (b) a COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT issued by the Airport Director, with the exception of: (1) public agencies; (2) airline vendors in providing ground transportation services under contract to airlines for flight crews; (3) taxicabs; and (4) the operators of any commercial ground transportation service pursuant to a contract with the City and County of San Francisco. The Airport Director is authorized to issue COMMERCIAL GROUND TRANSPORTATION OPERATING PERMITS to all those required by this section to obtain such permits. Among those required to obtain such permits, the Airport Director is authorized to define categories of operators not allowed to use the lower level roadways on the Airport and to issue to such operators a "COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT: UPPER LEVEL ONLY." The Airport Director is also authorized to define categories of carriers who are allowed to use the lower level roadways. The Airport Director is also authorized to designate those operators who are only allowed to serve the Rental Car Center and are not allowed to use the terminal roadways and to issue such operators a “COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT: RENTAL CAR CENTER ONLY.” The Airport Director is also authorized to define categories of carriers who are allowed to use the lower level roadways. The Airport Director will determine which type of permit will be issued to each operator, depending upon the permittee's operations, and may change the type of permit required where operating conditions have changed. Revocation of the COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT of any individual ground transportation operator may be appealed to the Airport Commission. Such appeal may be 19 City and County of San Francisco Airport Commission's Rules and Regulations initiated by filing a written request for appeal with the Airport Commission Secretary within ten (10) days of permittee's receipt of notice of revocation. Permittee's request shall specifically state the grounds upon which the appeal is based. (a) All commercial operators of ground transportation services are required to have the authorization of the State of California Public Utilities Commission (CPUC) and the Airport Director to conduct operations on Airport property. (i) Scheduled Transportation Operations The Airport Director will review the merit of any proposed operation for scheduled service based upon the following criteria: (1) determination of the potential ridership and farebox recovery; (2) evaluation of the planned route, the location, and number of all proposed bus routes; (3) analysis of the service travel time; (4) determination of the type or size of vehicle appropriate for the operation; (5) examination of existing Airport transit services; and (6) determination of availability of Airport curb and staging space. The Director has the right to approve, reject or require modification to any such proposed service. (ii) (b) (3) In addition, any proposed changes in service by commercial ground transportation operators which: (1) seeks to increase the number of vehicles authorized to be operated at the Airport or (2) seeks to alter the frequency of operation of such vehicles or (3) involves a deviation from an Airport approved schedule for operation of such vehicles, shall be first submitted to the Airport in writing no less than thirty (30) days in advance of the proposed implementation date. The Airport Director has the right to approve, reject, or require modification to any such proposed changes. Any permittee found violating any Airport Rule and Regulation or Airport permit condition may have its permit suspended or revoked by the Airport Director. Registration of Vehicles Each holder of a COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT: (a) shall register with the Airport Director each vehicle to be used pursuant to the permit, (b) shall cause all such vehicles to possess a common color scheme and markings so as to be readily identifiable as belonging to the permittee, (c) shall cause each such vehicle to bear a valid identification emblem, as well as an electronic Automatic Vehicle Identification and counting device issued by the Airport Director. The permittee shall not in any way modify its vehicles or otherwise tamper with, alter, damage, or destroy the Automated Vehicle Identification and counting device so as to intentionally disable the device, and (d) shall register with the Airport Director a registration number of each vehicle, and shall display the vehicle registration number of a minimum size as required by the Airport Director. 20 City and County of San Francisco Airport Commission's Rules and Regulations Each vehicle operated by a permittee shall be operated with either a valid state or provincial commercial vehicle license plate, or an Airportissued Temporary Identification Plate (TIP) until such time that the vehicle has a valid state or provincial commercial vehicle license plate which is on file with the Airport. (4) Vehicle Descriptions Each Commercial Operator of Ground Transportation Services except limousine permittees and Airport-approved sport utility vehicles of standard or extended length, and/or Airport-approved vans equipped with aftermarket accessories to provide luxury appointments similar to those found in luxury limousines to be operated under their Airport limousine permit, whether or not required to obtain a COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT, shall file with the Airport Director a photograph adequate to identify the color scheme and markings common to operator's vehicles and distinguish them visually from vehicles used by another operator. The operator's name and telephone number must be at least 2.25 inches high and be in sharp contrast to the vehicle body color. Magnetic signs are prohibited unless specifically approved in writing by the Airport Director prior to use. If permittee currently operates a fleet possessing more than one color scheme or set of markings, then permittee shall request in writing an exception to the common color rule from the Airport Director. Permittee shall file with its exception request a description of the schemes and markings for which exception is requested. The Airport Director expressly reserves the right to approve or reject any exception requests at his sole discretion. In no event shall any vehicle be operated unless its color scheme and marking conforms to the common color scheme approved by the Airport Director or an exception by the Airport Director is granted. Further, in no event shall exceptions exceed a period of one (1) year and, upon the expiration of such exception, permittee's fleet must comply with the common color scheme rule herein. (5) Monthly Fee Amounts The monthly fee for each holder of a Commercial Ground Transportation Operating Permit shall be determined by the number of vehicle trips, as defined in Sections 4.7(B)(1)(j) and 4.7(C)(2) of these Rules and Regulations. The Airport Director may impose a trip surcharge or other penalty if an operator fails to meet transportation or other related goals established by Commission. (6) Payment of Monthly Fees The Airport Director is authorized to assess and collect fees based upon the permittee's electronically recorded monthly vehicle trips, calculated according to the schedule in Sections 4.7(B)(1)(j) and 4.7(C)(2). Airport Director is also authorized to assess and collect the pre-payment of fees. Actual trip fees shall be deducted from the pre-payment fee 21 City and County of San Francisco Airport Commission's Rules and Regulations collected and calculated according to the schedules in Sections 4.7(B)(1)(j) and 4.7(C)(2). Airport Director may also assess fees for lost or missing transponders and operating decals. The Airport Director is authorized to charge and collect interest on unpaid fees at the rate of one and one-half percent (1-1/2%) per month. (7) Maintenance and Inspection of Permittee's Records; Sample Vehicle Trip Counts (a) The Airport Director is authorized to examine, and each permittee shall make available to the Airport Director, its books and records, including, without limitation, such reports, records, and compilations as may be identified in the Commercial Ground Transportation Operating Permit. (b) The Airport Director is also authorized to install an Automatic Vehicle Identification and counting device, or to conduct vehicle trip counts, and to rely on such counts as an audit measure for testing the accuracy of any permittee's report of vehicle trips. To assist in the auditing of permittee's trip counts, permittee shall affix or install an automatic vehicle identification and counting device, and any decal or sticker in such manner as the Airport Director may determine. To assist in the auditing of permittee's trip counts, permittee shall affix or install any decal, sticker or device in such a manner as Airport Director may determine. (c) (8) Should any examination of records or vehicle trip count disclose an underpayment by permittee in excess of five percent (5%) of the fees due, the permittee shall promptly pay to the City and County of San Francisco the amount of the underpayment plus all costs incurred in conducting the examination or vehicle trip count. The permittee shall also be liable for expenses incurred in assessing or collecting any money owed to the City and County of San Francisco. Waybills Every charter and pre-arranged transit passenger pick up and drop off shall be documented by a waybill prepared in advance. Waybills shall be prepared by the permittee or the driver of permittee's vehicle prior to the vehicle's arrival at the Airport's passenger pickup or drop off zone. The waybill shall state the name of the carrier and their charter party certificate (TCP) number, the vehicle license plate, the name and address of the person requesting the charter, the date and time the charter was arranged, the driver's name, the passenger's name(s), the number of persons in the party, the location of the pick up, the time of the scheduled pick up or drop off, and the airline and flight number on which the passenger has arrived or will depart and the points of origin and destination. 22 City and County of San Francisco Airport Commission's Rules and Regulations All transportation operators who use the Airport's courtyards for picking up patrons must display a copy of their waybill inside the vehicle so it can be easily read from outside of the front windshield. Another copy of the waybill shall be carried by the driver of the vehicle. The driver of the permittee's vehicle is required to present the waybill to any Airport official who requests to inspect it. The driver of the permittee's vehicle may prepare the waybill based on radio or telephone communications to the driver. (9) Curb Locations Permittees are required to pick up and discharge passengers only at the curb locations designated as follows: (a) Courtesy Vehicles Drivers of courtesy vehicles shall load and unload passengers only in those areas designated by the Airport Director. (b) Charter Vehicles with Lower Level Permit Permittees with lower level charter permits may load passengers and their baggage in the terminal courtyards. No charter vehicles shall be parked in the terminal courtyards or authorized staging areas for a period in excess of the posted time limits. Charter vehicles may discharge passengers only in those areas designated by the Airport Director. Other charter vehicles seating less than six passengers, excluding the driver, that are less than 6’6” in height shall park and board passengers in the Airport's garage. (c) Scheduled Transit Vehicles Scheduled transit operators with lower level permits shall pick up or drop off only in those areas designated by the Airport Director. Only one pass through the terminal loading zones is allowed per scheduled departure. Operators must be in the loading zones only at their scheduled departure time, as approved by the California Public Utilities Commission and the Airport Director. While waiting between scheduled arrivals and departures, vehicles must be parked in the designated staging areas authorized by the Airport Director. (d) Operators with Upper Level Only Permits (i) Operators with upper level only permits shall load and unload passengers only at those areas designated by the Airport Director. All operations, including Shared Ride Van Services and scheduled services, must be conducted from the designed zones. Operators with upper-level only permits will be allowed to pick up charter passengers in the lower level courtyards, provided that they possess a charter waybill as required under Section 4.7(A)(8) of the Rules and Regulations. 23 City and County of San Francisco Airport Commission's Rules and Regulations (ii) Permittees offering both scheduled and Shared Ride Van Services may obtain different permits to operate the two different services. The failure of any permittee to operate consistently with the headways established by the Airport Director shall subject the permittee to a fine of up to $250.00 for each violation. (iii) If the designated loading zones on the upper level for operators with upper level-only permits are dedicated to specific carriers for the pick up of passengers, no carrier shall stop, wait, or pick up customers at any other zone. Signs designating each carrier's stop will be posted at the designated zone. (iv) Permittees offering Shared Ride Van Service and authorized to pick up passengers on the upper level shall only be allowed to operate vans that seat between six to eleven passengers, excluding the driver. Permittees are required to participate in a curb and staging lot coordination program. No vans shall wait or park in the van zone unless a coordinator is present, and drivers are required to have a zone access ticket to utilize the zones during hours of coordination. Drivers must remain in their vehicle unless loading or unloading passengers or luggage. (e) Reserved for future use. (f) Pre-arranged Lower Level Transit Service Operators Permittees shall load passengers only in specifically designated areas in the terminal courtyards with a copy of the valid waybill openly displayed on the windshield as provided in Section 4.7(A)(8). No vehicles shall be parked in areas designated by the Airport Director for a period in excess of posted time limits. Vehicles may discharge passengers only at areas designated by the Airport Director for a period not in excess of posted time limits. (10) Headways In addition to the provisions of Section 4.7(C)(1) of the Rules and Regulations, the Airport Director shall have the authority to establish minimum times allowed between vehicle trips ("headways") for each category of commercial ground transportation carrier. The minimum headways shall be based on the Airport Director's assessment of the capacity and usage of the Airport's roadways, as well as the quality of transportation service provided to passengers. The failure of any permittee to operate consistently within the headways established by the Airport Director shall subject the permittee to a fine of up to $250.00 for each violation. (11) Courtyard Parking and Staging Area 24 City and County of San Francisco Airport Commission's Rules and Regulations The Airport Director is authorized to establish and construct staging areas for commercial vehicles providing ground transportation services. The Airport Director is further authorized to require that all drivers of commercial ground transportation vehicles, who are waiting to pick up passengers, must park their vehicles in the staging areas designated by the Director. The Airport Director may charge a fee for use of any such staging areas. When staging space is not available, the Airport Director may require vehicles to stage off the Airport. All commercial vehicles shall be parked only in areas specifically designated for that type of vehicle. No parking in restricted areas is allowed. No commercial vehicles shall be parked in any staging areas for a period in excess of the posted time limits except as provided under special contract or permit. Parking for commercial vehicles providing ground transportation services is available in the courtyards adjacent to the terminal buildings on the lower level and in designated staging areas for designated operators. (12) (a) The Airport Director is authorized to assess an administrative fine of $500 for each littering incident in addition to any additional fines pursuant to Section 14 of the Airport's Rules and Regulations and all applicable State and Federal laws. (b) The Airport Director is authorized to assess an administrative fine of $500 for each urinating incident in addition to any additional fines pursuant to Section 14 of the Airport's Rules and Regulations and all applicable State laws. (c) The Airport Director is authorized to assess an administrative fine of $500 for each incident involving an operator, including their employees, subcontractors and agents, intentionally feeding, approaching, disturbing, frightening, hunting, trapping, capturing, wounding, killing or disturbing any wild bird, mammal, reptile, fish, amphibian or invertebrate within the Airport. This administrative fine is in addition to any additional fines pursuant to Section 14 of the Airport Rules and Regulations and all applicable State and Federal laws. (d) The Airport Director is authorized to assess an administrative fine of $500.00 for each smoking incident in addition to any additional fines pursuant to Section 14 of the Airport's Rules and Regulations and all applicable State laws. Inspection of Vehicles (a) "Inspection" shall mean a visual and physical inspection of a vehicle to verify that tires, headlights, taillights, glass, windshield wipers, interior conditions, exterior conditions, brakes, and other such items as determined by the Director are properly functioning. The emission control device shall be certified as working properly by a station approved by the State of California. (b) Inspection of Vehicles with 10 Seats or Less 25 City and County of San Francisco Airport Commission's Rules and Regulations Annually, on a date designated by the Airport Director, each holder of a COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT, except limousine permittees, must provide the Airport Director with documentation that all vehicles with ten (10) seats or less operated by the Permittee on Airport property, have been inspected within the past ninety (90) days by the Airport. A vehicle with ten (10) seats or less can be immediately pulled out of service if the vehicle is not in a safe operating condition as required under the California Vehicle Code. The Airport Director may assess vehicle inspection fees for any vehicles required by the Airport's Rules and Regulations to be inspected by the Airport. If a vehicle fails to pass the initial inspection for safety reasons, or if an operator fails to keep an inspection appointment, the operator will be required to pay the reasonable cost of providing the service to the Airport for each additional inspection scheduled. Limousine permittees may be inspected on an annual basis. However, all sport utility vehicles of standard or extended length, and/or vans equipped with aftermarket accessories to provide luxury appointments similar to those found in luxury limousines approved by the Airport to be operated under an Airport limousine permit shall be inspected on an annual basis on a date designated by the Airport Director. When 20% or more of an operator's fleet fails to pass the Airport's initial inspection due to the unsafe condition of these vehicles, that operator's Airport permit may be suspended for a period up to thirty (30) days, as specified by the Airport Director. (c) Inspection of Vehicles with 10 or More Passenger Seats Annually, on a date designated by the Airport Director, each holder of a COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT with ten (10) or more passenger seats, must provide the Airport Director with documentation that the permittee has passed an annual Terminal Inspection by the California Highway Patrol in order to obtain a current Airport decal. Failure to provide such documentation shall result in suspension of an operator's Airport permit. A vehicle with ten (10) or more passenger seats can be immediately pulled out of service if the vehicle is not in a safe operating condition as required under the California Vehicle Code. (d) Operators are required to maintain the exterior of their vehicles in good condition. Exterior body damage must be repaired in order to continue operating at the Airport. Operators shall be required to verify completion of repairs by reinspection of a vehicle by the Airport. Operators shall have thirty (30) days to repair "minor" damage. Vehicles with "moderate" or "major" body damage shall not be allowed to operate on the Airport until such damage is repaired. The 26 City and County of San Francisco Airport Commission's Rules and Regulations vehicle's transponder and decal may be removed by the Airport where "moderate" or "major" body damage has been sustained. "Minor" damage shall mean slight damage such as small dents, cracked glass, etc. "Moderate" damage shall mean more than slight, but damage to one-fourth or less of the vehicle; for example, an entire fender, grill, quarter panel, door, hood, rear deck, etc. "Major" damage shall mean damage to more than one-fourth of the vehicle; such as, entire side, rear end, etc. (e) (13) Operators using clean fuel vehicles shall maintain their vehicles including the fueling system, engine and drivetrain in good working order at all times. Altering a clean fuel vehicle to allow it to be operated as a conventional diesel fuel or gasoline-powered vehicle, or substituting conventional diesel fuel or gasoline for an alternative fuel approved by the Airport Director is prohibited. The fueling and related systems of all clean fuel vehicles shall be inspected by the Airport annually in order to obtain a valid Airport decal. P assenger Receipts All scheduled, Shared Ride Van Service, and pre-arranged transit operators must have passenger receipts in all of their vehicles which are imprinted with the company's name, address, telephone number, and PSC number. The receipt will provide space for the driver's name, date and time of service, and the fare charged. (14) Complaint Cards All scheduled, Shared Ride Van Service, and pre-arranged transit operators must have in all of their vehicles compliment/complaint cards that include the operator's name, address and telephone number and provide space for a vehicle number, date, time, customer comments, customer's name, address and phone number. The cards must be placed within reach of all passengers seated inside the vehicle. (15) Driver Photo Identification Cards All drivers of scheduled, Shared Ride Van Service, and pre-arranged transit operators must wear a visible photo identification card issued by the company that includes the company name, the company's PSC or TCP certificate number, a color photograph of the employee, and the employee's name. (16) Tampering with Airport Operating Decals and/or AVI Transponders All ground transportation operators are prohibited from tampering with an Airport Operating Decal and/or AVI transponder mounted on a vehicle. Any operator found tampering with an Airport Operating Decal and/or AVI transponder shall have their Airport Operating Permit suspended or revoked by the Airport Director. (17) Administrative Sanctions and Fines 27 City and County of San Francisco Airport Commission's Rules and Regulations All ground transportation permittees not adhering to the Airport’s procedures shall be subject to both administrative sanctions and administrative fines as set forth in the Permit by the Airport Director, as well as fines as set forth in Section 14 of the Rules and Regulations. (B) Limousines (1) Operations (a) No limousine shall be operated on the Airport unless the operation of such limousine is currently authorized by (a) a valid certificate or permit issued by the Public Utilities Commission of the State of California, (b) a COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT issued by the Airport Director, and (c) a valid California livery or commercial license plate on the front and rear of the vehicle that is registered with the Airport unless it is temporarily waived in writing by the Airport. (b) Drivers of limousines entering the Airport with passengers shall load and unload the passengers only at such locations designated by the Airport Director. (c) All limousines picking up passengers for hire at the Airport shall be by prior appointment or pre-arrangement with the passenger. Limousine drivers picking up customers shall follow the procedures established in Section 4.7(B). (d) All limousine permittees not adhering to the Airport’s limousine procedures shall be subject to both administrative sanctions and administrative fines as set forth in the Permit by the Airport Director, as well as fines as set forth in Section 14 of the Rules and Regulations. (e) All limousine companies with pre-arranged customers are permitted to pick up and drop-off at the Airport. Limousine drivers and company representatives are required to have a legible waybill with them at all times indicating the driver and representative's name, the name and phone number of the limousine company including California Public Utilities Commission PSC or TCP certificate numbers, the vehicle license plate, the name and address of the person requesting the charter, the date and the time the charter was arranged, the driver's name, the number of persons in the party and names of every passenger to be met or dropped off, the airline name, the flight number, and scheduled flight arrival time of the passenger(s) to be picked up or dropped off at the Airport, and the points of origin and destination. (f) All limousine drivers and company representatives, whose company holds a COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT, and who have arrived at the Airport to pick up pre-arranged passengers, may proceed to the Airport garage and park in the area designated for limousine parking. Limousine drivers are prohibited from circling or looping the terminal roadways excessively to pick up passengers. 28 City and County of San Francisco Airport Commission's Rules and Regulations (g) All limousine drivers and company representatives who have arrived at the Airport to pick up passengers shall, upon request, present a valid waybill to any police officer or representative of the City and County of San Francisco. All limousine drivers and any company representatives in the terminal buildings must wear a visible identification card issued by the company that includes the company’s PSC and TCP certificate numbers, a color photograph of the employee, and the employee’s name. After the driver or representative makes contact with passenger(s) listed on the waybill, the driver may board the passenger(s) into the limousine either in the designated limo parking area of the garage or at an area designated by the Director. (h) Permitted stretch limousines (i.e. vehicles exceeding 20 feet) must pick-up only in designated zones authorized by the Airport Director. (i) Solicitation: Limousine drivers are prohibited from soliciting customers anywhere on Airport property (j) Trip Fee A trip fee shall be paid to the Airport for vehicles owned and operated by limousine permittees. Trip fees shall be set by the Airport Commission. The trip fees shall be charged for each trip in each month. Trip fees for those charter sport utility vehicles of standard or extended length and/or Airport- approved vans equipped with aftermarket accessories to provide luxury appointments similar to those found in luxury limousines approved by the Airport to be included in a permittee’s Airport limousine permit, shall be assessed at the same rate as limousines for each trip in each month. Limousine operators operating with Airport-approved sport utility vehicles of standard or extended length and/or Airport-approved vans equipped with aftermarket accessories to provide luxury appointments similar to those found in luxury limousines shall be required to pay vehicle inspection fees set forth in Section 4.7(A)(12) of the Airport’s Rules and Regulations prior to receiving new Airport operating decals. The Airport Director may impose a trip surcharge or other penalty if an operator fails to meet any transportation-related goals established by the Airport Commission. Operators may be required by the Airport Director to pay trip fees in advance. An annual registration fee will be charged as determined by the Airport Director. (2) Permit Required 29 City and County of San Francisco (C) Airport Commission's Rules and Regulations (a) The Airport Director is authorized to issue COMMERCIAL GROUND TRANSPORTATION OPERATING PERMITS to all those required by this section to obtain such permits. Revocation of the COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT of any individual limousine operator may be appealed to the Airport Commission. Such appeal must be initiated by filing a written request with the Airport Commission Secretary within ten (10) days of receipt of the notice of revocation. Permittee’s request shall specifically state the grounds upon which the appeal is based. (b) All limousine operators holding a COMMERCIAL GROUND TRANSPORTATION PERMIT must register their vehicles pursuant to Section 4.7(A)(3). (c) All limousine operators holding a COMMERCIAL GROUND TRANSPORTATION OPERATING PERMIT shall pay per trip fees as directed in Section 4.7(B)(1)(j). C ourtesy Vehicles (1) Headways (a) Every operator of a courtesy vehicle shall maintain average headways between its courtesy vehicles at a level prescribed by the Airport Director. (b) Any planned decrease in headway times from these Rules and Regulations must first receive Director's prior written approval not less than seventy-two (72) hours before such change. The Airport Director reserves the right to accept, reject or modify the request. (c) "Violation" is operation of vehicles on City's roadways leading to and from the Terminal Building Complex at a frequency greater than prescribed herein. Frequency shall be determined by AVI records or by City surveying the arrival time(s) of each individual operator's vehicle(s) at the first permitted outside stop at Terminal 1 ("looping" vehicles shall be counted). (d) The Airport Director may impose reasonable methods of enforcement against any operator for violation of that operator's headways, which may include the following: (i) An administrative fine of $250.00 per violation or an amount as otherwise determined by the Airport Director, for each ascertained company violation. (ii) Institution of headway penalties, which may include a temporary or permanent increase in the headway times between operator's courtesy vehicles. (iii) Such other penalties as the Airport Director may reasonably determine as necessary to ensure future compliance with this section. 30 City and County of San Francisco (e) (2) Airport Commission's Rules and Regulations The Airport Director will devise a reasonable, objective method of review to ascertain any such ground transportation operator's headways from time to time. Such method of review will reasonably take into account peak traffic times, holiday periods and the like. Trip Fee For Courtesy Vehicles And Commercial Ground Transportation Permittees (Excluding Limousines): A trip fee shall be paid to the Airport for vehicles owned and operated by Commercial Ground Transportation and Courtesy Operator Permittees unless otherwise exempted by the Airport Commission. Trip fees shall be set by the Airport Commission. The trip fees shall be charged for each trip in each month. The Airport Director may impose a trip surcharge or other penalty if an operator fails or other transportation-related goals established by Commission. Operators may be required by the Airport Director to pay trip fees in advance. An annual registration fee will be charged as determined by the Airport Director. Each off-Airport rental car company that utilizes Airport facilities, including the Airport roadways, terminals, the Rental Car Facility, and other structures and services, shall pay to the Airport, a trip fee and an annual registration fee as determined by the Airport Director, in addition to a monthly privilege fee based upon revenues as set by the Airport Commission. (D) Taxicabs (1) Definitions Whenever used in Section 4.7, the following terms shall have the meanings set forth below. (a) “Taxicab” shall mean a motor-propelled passenger-carrying vehicle of a distinctive color or colors of an appearance customary for taxicabs in the United States operated at rates per mile or upon a waiting time basis or both, equipped with a taxi meter, and used for the transportation of passengers for hire over and upon the public streets and highways, not over a defined route but in accordance with and under the direction of the person hiring such vehicle as to the route and destination. Taxicabs exclusively powered by electric, natural gas or other alternative fuels to either diesel fuel or gasoline as approved by the Airport Director shall be considered clean fuel vehicles. (b) “Taxi Meter” shall mean an instrument or device in working order attached to a taxicab by means of which the charge authorized for the hire of such taxicab is mechanically calculated either on a basis of distance traveled or for waiting time or a combination thereof, which charges are indicated upon such instrument or device by means of figures in dollars and cents. 31 City and County of San Francisco Airport Commission's Rules and Regulations (c) “Taxi Stand” shall mean a location at San Francisco International Airport designated by the Airport Director for the use of taxicabs while waiting to be hired. (d) “Taxicab Lot” shall mean an area designated by the Airport Director where taxicabs stage prior to moving to taxi stand. (e) “Taxicab Line” shall mean the line of taxicabs in a taxicab lot or at a taxicab stand. (f) “Certified for Airport Service” shall mean that a taxicab as defined herein has met the requirements as contained herein, including but not limited to an annual inspection, and is certified to operate as a taxicab along and upon the roadways at San Francisco International Airport. (g) “Certification Decal” shall mean the sticker issued by San Francisco International Airport to a taxicab which is certified for Airport service. (h) “Inspection” shall mean a visual and physical inspection of a taxicab with an Airport operating permit as defined in Section 4.7(A)(12)(a) and 4.7(A)(12)(b). (i) “Jumping a Taxicab Lot” shall mean driving a taxicab without passengers onto the lower terminal roadway or waiting in any passenger loading zone in the terminal area without first having entered the taxicab lot, paying the taxicab trip fee as designated by the Airport Director, and obtaining a taxicab pass when required, during taxicab lot operating hours. (j) “Taxicab Pass” shall mean a card in the form specified by the Airport Director issued to the driver of a taxicab within or upon leaving the taxicab lot. (k) Reserved for future use. (l) “Municipal Transportation Agency Hearing” shall mean a proceeding before the San Francisco Municipal Transportation Agency ("MTA"), initiated for the purpose of determining whether the certification issued by the Airport Commission to operate a public vehicle for hire at the Airport should be revoked or suspended. (i) Violation of any provisions of Section 4.0 of these Rules and Regulations may result in a MTA Hearing and the imposition of penalties as follows: a. First Violation: Suspension of certification permit for a period of seven (7) days. b. Second Violation: Suspension of certification permit for a period of fourteen (l4) days. c. Third Violation: Revocation of certification permit. 32 City and County of San Francisco Airport Commission's Rules and Regulations (ii) a. A taxi driver shall have the right to appeal any suspension or revocation of his or her certification permit. b. All such appeals shall be heard by the MTA. Hearings shall be held at a convenient place as designated by the MTA. The taxi driver involved shall be given three (3) days prior written notice of the time and place of the hearing. c. At the hearing, relevant and material testimony and evidence shall be received and considered by the MTA. All witnesses shall be subject to cross-examination. d. At the conclusion of the presentation of testimony and evidence, the MTA may affirm, modify or set aside the suspension or revocation. The decision of the MTA shall be final. (m) "San Francisco Taxicab" shall mean a taxicab as defined herein whose operation is regulated by the City and County of San Francisco. (n) “Taxicab Smart Card” shall mean an electronic card issued by the Airport permitting taxicab drivers to enter and exit the Airport’s taxicab staging and dispatching facilities. (o) “Taxicab Smart Card System” shall mean the automated system that the taxicab drivers interact with using their Taxicab Smart Cards and that automates taxicab operations and trip fee payments at the Airport. (2) All taxicab drivers shall comply with the provisions of Section 4.0 of these Rules and Regulations at all times when operating on or at the Airport. Taxicab drivers failing to comply with Section 4.0 may be fined under Section 14.0 of these Rules and Regulations or may have restrictions imposed pursuant to the Taxi Curbside Management Program Operations Procedure Manual. (3) While operating on or at the Airport, each San Francisco taxicab shall have affixed to the right and left rear rooftop quarter section a certification decal and an operating electronic Automatic Vehicle Identification and counting device issued by the Airport affixed to the taxicab’s rooftop. Said decal and Automatic Vehicle Identification and counting device shall remain the property of the Airport and upon suspension or revocation of certification shall be immediately surrendered to the Director. (a) The Director is authorized to issue certification decals to taxicabs which: 33 City and County of San Francisco (4) Airport Commission's Rules and Regulations (i) Meet the inspection requirements set forth in Section 4.7(D)(1)(h). (ii) Have a State of California Department of Transportation Weights and Measures seal affixed to the taxi meter. (iii) Have automobile liability insurance coverage in the limits required for taxicabs by City and County of San Francisco. (iv) Have an operating electronic Automatic Vehicle Identification and counting device issued by the Airport. The taxicab operator or driver shall not modify its vehicles or otherwise tamper with, alter, damage, or destroy the Automated Vehicle Identification and counting device so as to intentionally disable the device. (b) If at any time a taxicab fails to satisfy any of the requirements set forth in this subparagraph (a) its certification shall be suspended until such time as it satisfies such requirements. (c) Taxicabs so certified by San Francisco International Airport shall be subject to routine visual inspection by the Police as to the condition of the headlights, taillights, tires, glass, windshield wipers and other inspection items covered in Section 4.7(D)(1)(h). (d) The Airport Director may assess taxicab inspection fees. If a vehicle fails the initial inspection for safety reasons, or if a taxicab operator fails to keep an inspection appointment, the taxicab operator will be required to pay the reasonable cost of providing the service to the Airport for each additional inspection scheduled. While operating on or at San Francisco International Airport, each driver of a taxicab shall have in his possession the following: (a) A valid A-card issued by the San Francisco Municipal Transportation Agency (San Francisco taxicabs only); (b) A valid taxicab badge issued by the San Francisco Municipal Transportation Agency (San Francisco taxicabs only). The badge must be worn on the driver’s outside garment. (c) A valid driver's license issued by the State of California; (d) A valid and accurate waybill for the taxicab which he or she is operating. The waybill shall contain the following: driver name, driver identification number, taxicab number, medallion number, vehicle license number, date, beginning time, the origin and destination for each trip, the charges for each trip, and the time of hire and discharge for each trip. The driver must record all trips to and from San Francisco International Airport at the time of transport; (e) A valid, current taxicab pass, when required by current operational policies, (for passenger pick ups during taxicab lot operating hours); 34 City and County of San Francisco (f) Airport Commission's Rules and Regulations A valid certification decal issued by San Francisco International Airport affixed to the taxicab right and left rear rooftop quarter section (San Francisco taxicabs only). In addition, a valid taxicab medallion issued by the San Francisco Municipal Transportation Agency or its designee shall be displayed in San Francisco taxicabs as required by the City and County of San Francisco. (g) Current detailed street map(s) of San Francisco and San Mateo Counties or a functional GPS device. (h) 311 Notice must be placed within sight of a customer seated in the rear of the vehicle; (i) A photographic identification card with the driver's name, valid badge number and the taxicab company's name mounted in the vehicle and clearly visible to a passenger seated in the rear of the vehicle; (j) A valid vehicle registration issued by the State of California; (k) A valid and accurate schedule of rates permanently affixed to the interior of the taxicab; (l) A supply of receipts that meet the San Francisco Municipal Transportation Agency minimum standard to issue to passengers that provide space for the date, amount of fare paid, the driver’s name, the name of the taxicab company, and the vehicle number; (m) A valid Taxicab Smart Card issued by the Airport and registered to the particular driver to enter and exit the Airport’s taxicab dispatching lots (San Francisco taxicabs only); (n) A manual credit card transaction device and forms, as long as required the SFMTA; (o) Current hardcopy of the San Francisco Municipal Transportation Agency Taxicab regulations, when in print by the SFMTA and available to taxicab drivers.; (p) Working flashlight and ballpoint pens with black or blue ink; (q) San Francisco Paratransit manual trip ticket forms. (5) Each driver of a taxicab, upon demand by an officer of the Police Department or a representative of the Airport Director, including employees of the Airport’s Curbside Management Program and Airport’s Parking Management Program, shall present for inspection each of the items specified in paragraph (4) above. (6) The following conduct by taxicab drivers is prohibited: (a) Refusing to convey a passenger at a taxi stand to the destination he or she requests; 35 City and County of San Francisco Airport Commission's Rules and Regulations (b) Possession of any of the items specified in Section 4.7(D)(4) in an altered or fictitious form; (c) Leaving a taxicab unattended on a taxicab stand or while it is one of the first ten (10) taxicabs in any taxicab line; (d) Failing to reset the taxi meter upon completion of each separate fare; (e) Failing to use the most direct route on any trip, unless otherwise specifically requested by the passenger; (f) Refusing to transport any passenger's luggage, possessions, or wheelchair which can be accommodated in passenger, driver or trunk compartments of the taxicab; (g) Failing to have a taxi meter in working order; (h) Refusing to comply with the lawful directions of Airport Officials including Police, Curbside Management Program personnel and the Airport's designated garage managers, leads, and guards. (i) Refusing to convey a passenger who wants to pay their fare using a credit card or refusing to accept a credit card to pay a fare. (j) Failing to comply with the Airport’s Taxicab Smart Card System rules as established and amended by the Airport Director. ; (7) All taxicabs operating at San Francisco International Airport shall have automobile liability insurance coverage in the limits required for taxicabs by the City and County of San Francisco. Proof of such coverage must be submitted to the San Francisco Airport Commission and/or its agents. The Airport Commission shall be notified immediately of any change, cancellation or modification of such coverage. (8) (a) Every taxicab driver shall make a visible check of the interior and trunk of the taxicab at the conclusion of each trip to determine if any property has been left behind by the previous passenger. (b) Drivers of public passenger vehicles for hire shall promptly report to the Police within 24 hours all property found in their vehicles. (9) Taxicab Loading and Unloading All taxicabs shall load and unload passengers only in those areas designated by the Director. (10) Passenger pick up by taxicabs licensed by a jurisdiction other than the City and County of San Francisco is allowed only under the following conditions: (a) The pick up is pre-arranged with the passenger(s); 36 City and County of San Francisco (b) (11) Airport Commission's Rules and Regulations The taxicab driver is in possession of a passenger waybill containing the passenger’s name, the number of passengers in the party, the location of the pick-up, and the scheduled time of pick up. Trip Fees Trip fees for Airport-authorized taxicabs shall be set by the Airport Commission. The Airport Director may impose a trip surcharge or other penalty if an operator fails to meet transportation-related goals established by Commission. (E) Conduct on Airport Roadways The provisions of Section 4.7 of these Rules and Regulations shall apply and, in addition, the following activities by all Commercial Operators of Ground Transportation services, including limousines and sedans, are prohibited, and shall subject the permittee or operator to penalties as specified in Section 14 of these Rules and Regulations: (1) Jumping a taxicab lot or bypassing a holding lot or ticket collection area before leaving the Airport; (2) Picking up or discharging passengers or their baggage at any terminal level other than those designated for such purpose; (3) Leaving the vehicle unattended, except in designated staging areas; (4) Failing to give, upon a passenger's request, an accurate receipt showing the date, the amount of fare paid, the driver's correct name, the name of the permittee or taxicab company, and the vehicle number, if any; (5) Failing to maintain the interior and exterior of the vehicle in a clean condition; (6) Littering of the staging area; (7) Providing false information to Airport Officials including Police, Curbside Management Program personnel, and the Airport's designated garage managers, leads, and guards; (8) The switching or altering of garage spitter tickets or any tickets issued by the Airport; (9) Displaying to an Airport Official a waybill in an altered or fictitious form; (10) Driving in a vehicle that does not bear a valid identification sticker and automatic vehicle identification and counting device (AVI transponder) issued by the Airport; (11) Solicitation of passengers on Airport property; except as otherwise provided by contract or permit with the Airport; (12) Recirculating on the upper level roadway; 37 City and County of San Francisco Airport Commission's Rules and Regulations (13) The use or possession of any alcoholic beverage while operating a vehicle on the Airport; (14) Failing to operate a vehicle in a safe manner as required by the California Vehicle Code; (15) Failing to comply with posted speed limits and traffic control signs; (16) Use of profane or vulgar language directed to or at the public, or Airport Officials, including the Police, Curbside Management Program personnel, and the Airport's designated garage managers, leads, and guards; (17) Any attempt to solicit payment in excess of that authorized by law; (18) Any solicitation for or on behalf of any hotel, motel, club or nightclub; (19) Any solicitation of any activity prohibited by the Penal Code of the State of California; (20) Failing to maintain a neat personal appearance as determined by the dress code set forth in Regulations governing taxicabs by the San Francisco Municipal Transportation Agency; (21) Operating a vehicle which is not in a safe mechanical condition or which lacks mandatory safety equipment as defined in the California Vehicle Code; (22) Disconnecting any pollution control equipment; (23) Use or possession of any dangerous drug or narcotic while operating a vehicle on Airport property; (24) Double parking; (25) Collecting fares in a loading or unloading zone; (26) Ground transportation solicitation shall mean engaging in any conduct or activity intended to or apparently intended to ask, implore or persuade a passenger to alter his or her previously chosen mode of ground transportation or specific ground transportation operator, except as otherwise provided by contract or permit with the Airport. (27) Loading or unloading customers at any zone not designated for that purpose; (28) Commercial vehicles providing ground transportation services shall have a visible destination sign displayed on the front or sides of each vehicle; (29) Parked vehicle that does not bear a valid identification sticker and automatic vehicle identification and counting device (AVI transponder) issued by the Airport; (30) Operating on the Airport a vehicle which has not passed the Airport's annual inspection or reinspection as required in Section 4.7(A)(12) is prohibited; 38 City and County of San Francisco 4.8 Airport Commission's Rules and Regulations (31) Use of the Airport’s white loading zones by an auto rental firm to pick up or drop off customers in rental vehicles is prohibited unless the customer is physically handicapped; (32) Urinating in any area of the Airport other than a toilet in a portable or permanent restroom; (33) Intentionally feeding, approaching, disturbing, frightening, hunting, trapping, capturing, wounding, killing or disturbing any wild bird, mammal, reptile, fish, amphibian or invertebrate within the Airport; (34) Tampering with or altering a clean fuel vehicle to allow it to be operated as a conventional diesel fuel or gasoline-powered vehicle is prohibited; (35) Substituting conventional diesel fuel or gasoline for an alternative fuel approved by the Airport Director on a clean fuel vehicle is prohibited. VEHICLE AND DRIVER REGULATIONS ON SECURED AREA/AIR OPERATIONS AREA (AOA) OR AS AIRPORT PERMITTEE (A) Drivers (1) No vehicle shall be operated on the Secured Area/Air Operations Area unless: The driver thereof is licensed to operate such vehicle by the Department of Motor Vehicles of the State of California. The driver's license required under this section shall be the same as required by the Department of Motor Vehicles on any public road or highway. In addition, such driver must successfully pass a written test on Airfield Driving Rules and be licensed by the Airport to operate a vehicle on the Secured Area/Air Operations Area. DR TF TG FL – – – – Vehicle Driver Towing/Fueling Operator Driver/Tow Operator Fueling Operator Tenants who perform fueling services must have an approved FAA training program for their employees. Employees who perform fueling services must receive a certificate from the Security Access Office. (2) No person operating or driving a vehicle upon the aircraft ramp shall drive at speed greater than ten (10) miles per hour (5 mph within baggage make up area), or at such a rate of speed as to endanger any aircraft, vehicle, or personnel. Factors including, but not limited to, weather and visibility shall be taken into consideration when determining safe operating speed. (3) No vehicle shall pass between an aircraft and passenger terminal or passenger walkway when the aircraft is parked at a gate position, except those vehicles servicing the aircraft. No vehicle shall enter the envelope of an aircraft-occupied gate. All other vehicles must drive around the aircraft away from the passenger loading gates and walkway. 39 City and County of San Francisco Airport Commission's Rules and Regulations Ground vehicles shall not pass between an aircraft and any member of the associated push back crew unless so directed by a member of the crew. (4) No vehicle shall enter the airfield area unless clearance and permission has been obtained from Airport Operations nor shall any vehicle enter a taxiway or cross a runway unless equipped with a two-way radio in communication with and having obtained clearance from the Control Tower. (5) Prior to entering onto any runway, taxiway, or apron area, ground traffic shall yield right-of-way to taxiing aircraft and aircraft under tow in all cases. (6) Except as authorized by the Airport Director, vehicular traffic on the aircraft ramp shall use the service roadway. (7) Persons operating vehicles in or upon the Airport ramp or apron shall display a valid ramp access permit issued or approved by the Airport Director. (8) No person shall operate any motor vehicle which is in such physical or mechanical condition as to endanger persons or property on the Secured Area/Air Operations Area. (9) A guideman is required whenever the operator's vision is restricted. (10) Fuel trucks shall not be driven under any boarding area or under the east or west underpass. (11) No fuel truck shall be brought into, stored, or parked within 50 feet of any Airport terminal building or other Airport structure unless authorized by the Airport Director. (12) Tractor and/or container carriers shall tow no more carts, pods, igloos or ULD containers than are under control, tracking properly, and safe. (13) Ramp vehicles and equipment shall be parked only within a tenant's own area and in approved marked parking stalls. (14) No person shall operate any vehicle that is overloaded or carrying more passengers than for which the vehicle was designed. In addition, no person will ride on the running board or stand up in the body of a moving vehicle. (15) Vehicle operators shall not park vehicles under any passenger loading bridge. (16) No person shall park, or leave unattended, vehicles or other equipment that interfere with the use of a facility by others or prevent movement or passage of aircraft, emergency vehicles, or other motor vehicles or equipment. (17) Vehicle operators shall not operate vehicles in a reckless or careless manner. A reckless or careless manner is one that intentionally or through negligence threatens the life or safety of any person or threatens damage or destruction to property. 40 City and County of San Francisco (B) Airport Commission's Rules and Regulations (18) No person shall operate a vehicle or other equipment within the Secured Area/Air Operations Area (AOA) while under the influence of alcohol or any drug that impairs, or may impair, the operator’s abilities. (19) Each vehicle operator is responsible for the activities of his or her passengers while within the Secured Area/Air Operations Area (AOA). (20) Each vehicle operator using an airport perimeter (security) gate shall ensure the gate closes behind the vehicle prior to leaving the vicinity of the gate. The vehicle operator shall also ensure that no unauthorized vehicles or persons access to the Secured Area/Air Operations Area (AOA) while the gate is open. (21) No person shall park a vehicle or equipment within 10 feet of a fire hydrant, standpipe, or aircraft fire extinguisher, or in a manner that prohibits a vehicle from accessing these fire suppression units. Vehicles (1) No vehicle shall be operated unless it is registered in the State of California. (2) Any vehicle operated on the Secured Area/Air Operations Area or as Airport permittee must have liability insurance as required by the Airport Director. (3) Only vehicles authorized by the Airport Director shall drive on operational service roads to include cart, access, perimeter or vehicle service roads. All others are prohibited, as indicated by signs posted and maintained by the Airport Commission. Unless authorized by the Airport Director, oversized vehicles which must deviate from the roadway system to reach their destination are required to have an escort from Airport Operations. (4) Carts or pieces of equipment being towed or carried after darkness must have either rear reflectors or rear lights. (5) All vehicles and equipment operated on the Secured Area/Air Operations Area (AOA) must have a magnetic, stenciled, or painted logo and number at least 8 inches in height marked on both exterior sides. (6) No vehicle shall be permitted in or upon the Secured Area/Air Operations Area unless it is in sound mechanical condition with unobstructed forward and side vision from the driver’s seat. (7) Unless authorized, any vehicle operating on a ramp or across taxiways or runways must be equipped with emergency lights or under positive escort while operating during darkness or periods of low visibility. (8) Trailers shall not be permitted on the Airport ramp or apron areas, unless they are equipped with reflectorized markings and shall be equipped with proper brakes so that when disengaged from a towing vehicle, neither aircraft blast nor wind will cause them to become free rolling. Positive locking couplings shall be required for all towed equipment. (9) Upon application to the Airport Director by the owner of a vehicle exclusively operated on the premises of the Airport, an identifying 41 City and County of San Francisco Airport Commission's Rules and Regulations number shall be assigned to that vehicle which together with the initials "S.F.I.A.", shall be displayed prominently on the vehicle in the manner prescribed by the Director. (C) (10) Fueling units shall be operated only by qualified persons instructed in the methods of proper use and operation. Such operator shall be at the dead man switch when such unit is being operated. (11) Every fueling unit shall be provided with signs visible from the outside and showing the name of the firm or corporation operating said unit and the type of fuel contained therein, and in accordance with DOT and NFPA #704. (12) Fueling units shall be loaded only at an approved loading platform except when defueling. (13) Any motorized vehicles authorized for use in the Secured Area/Air Operations Area designed for and or used in the support of airline or aircraft operations including crew, employee or passenger transport exclusively powered by electric, natural gas or other alternative fuels to either, diesel fuel or gasoline as approved by the Airport director shall be considered clean fuel vehicles. Refueling Vehicles All tenants and vendors are required to inspect aircraft and automotive refueling vehicles operated on the airfield. Any refueling vehicle with embedded ignition keys or ignition starter buttons must be converted to a removable key ignition starter. Refueling vehicle ignition keys must be under positive control whenever the vehicle is left unattended. San Francisco Fire Department – Fire Marshal and Airport staff will inspect refueling vehicles for compliance and escort non-complying vehicles off the airfield. (D) V ehicle Accidents Operators of vehicles involved in an incident on the Secured Area/Air Operations Area (AOA) that results in injury to a person or damage to an aircraft, airport property, or another vehicle shall: 4.9 (1) Immediately stop and remain at the scene of the incident. (2) Render reasonable assistance, if capable, to any person injured in the incident. (3) Report the incident immediately to Airport Communications via Airport local 6-2323 or (650) 876-2323, or dial 911 from an Airport or cell phone, if possible. (4) Provide and surrender the following to any responding Airfield Safety Officer and/or San Francisco Police Department Officer: name and address, Airport identification card, State drivers license, and any information such personnel need to complete a motor vehicle accident report. VEHICLE AND DRIVER ENHANCED SAFETY PROGRAM 42 City and County of San Francisco Airport Commission's Rules and Regulations If a vehicle operator/driver or owner receives a written citation/admonishment for violation of any provision of Section 4.8, the driver will have fourteen (14) calendar days from the date of the violation to submit a written appeal with an explanation for reconsideration of the issuance of the admonishment directed as follows: Manager, Airfield Operations San Francisco International Airport P. O. Box 8097 San Francisco, CA 94128-8097 If the citation/admonishment is not revoked, progressive enforcement action including, but not limited to, the following will be taken: (A) (B) Driver Violations ï‚· 1st Offense: Upon receipt of written citation/admonishment and letter to driver’s employer/vehicle owner, driver is required to complete a 2-hour driver training class designated by Airport at driver’s expense. ï‚· 2nd Offense within 12 months of 1st offense: Upon receipt of written citation/admonishment and letter to driver’s employer/vehicle owner, driver is required to complete a 2-hour driver training class designated by Airport at driver’s expense and driver’s AOA Access badge and driving privileges will be suspended for one day on the day of training. ï‚· 3rd Offense within 12 months of 1st offense: Upon receipt of written citation/admonishment and letter to driver’s employer/vehicle owner, driver is required to complete a 2-hour driver training class designated by Airport at driver’s expense and driver’s AOA Access badge and driving privileges will be suspended for three days including the day of training. ï‚· 4th Offense within 12 months of 1st offense: Driver shall permanently lose driving privileges at Airport. Vehicle Violations ï‚· 1st, 2nd, or 3rd Offenses within 12 months of 1st offense: Upon receipt of written citation/admonishment, vehicle owner is required to have vehicle/ equipment repaired and then inspected and approved by Airport Operations at owner’s cost (including cost of inspection fee). ï‚· 4th Offense within 12 months of 1st offense: Vehicle/equipment shall be permanently removed from owner’s vehicle/equipment inventory at SFIA. 43 City and County of San Francisco Airport Commission's Rules and Regulations RULE 5.0 AIRCRAFT OPERATION 5.1 OPERATION OF AIRCRAFT All persons shall navigate, land, service, maintain and repair aircraft in conformity with Federal Aviation Administration and National Transportation Safety Board rules and regulations. 5.2 AIRCRAFT ACCIDENT REPORTS The pilot or operator of any aircraft involved in an accident causing personal injury or property damage shall in addition to all other reports required to be made to other agencies, make a prompt and complete report concerning said accident to the Director through Airport Operations. When a written report of an accident is required by the Federal Aviation Administration, a copy of such report may be submitted in lieu of the report required above. 5.3 DISABLED AIRCRAFT Any owner, lessee, operator or other person having the control, or the right of control, of any disabled aircraft on the Airport shall be responsible for the prompt removal and disposal thereof, and any and all parts thereof, subject, however, to any requirements or direction by the National Transportation Safety Board, the Federal Aviation Administration, or the Airport Director that such removal or disposal be delayed pending an investigation of an accident. Any owner, lessee, operator or other person having control, or the right of control, of any aircraft does, by use of the Airport, agree and consent, notwithstanding any provision in any agreement, lease, permit or other instrument to the contrary, that the Airport Director may take any and all necessary action to effect the prompt removal or disposal of disabled aircraft that obstruct any part of the Airport utilized for aircraft operations; that any costs incurred by or on behalf of the Airport for any such removal or disposal of any aircraft shall be paid to the City; that any claim for compensation against the City and County of San Francisco, the Airport Commission, and any of their officers, agents or employees, for any and all loss or damage sustained to any such disabled aircraft, or any part thereof, by reason of any such removal or disposal, is waived; and that the owner, lessee, operator or other person having control, or the right of control, of said aircraft shall indemnify, hold harmless and defend the City and County of San Francisco, the Airport Commission, and all of their officers, agents and employees, against any and all liability for injury to or the death of any person, or for any injury to any property arising out of such removal or disposal of said aircraft. 5.4 EXTENDED ON-AIRFIELD FLIGHT DELAYS Airline personnel are required to contact the Airport Duty Manager (ADM) at (650) 821­ 5222 to report any incidents of a live flight being held away from the terminal in excess of 60 minutes. The Airport Duty Manager is available 24 hours a day and should be called as soon as airline staff becomes aware of a situation which may lead to passengers remaining on an aircraft for more than 60 minutes away from a terminal gate – whether on an arriving or departing flight. FAA Tower, contact International Terminal Tower, or Airport Airfield Safety Officer personnel who become aware of a live flight being held away from a terminal gate for more than 60 minutes must also contact the Airport Duty Manager. San Francisco International Airport’s assets are to help meet the airline and Airport’s collective customer service goals and compliance in notifying the ADM of this situation will enable the Airport to activate our contingency plans. 44 City and County of San Francisco 5.5 Airport Commission's Rules and Regulations RIGHT OF AIRPORT DIRECTOR TO CONTROL THE AIRFIELD The Airport Director shall have the right at any time to close the Airport in its entirety or any portion thereof to air traffic, to delay or restrict any flight or other aircraft operation, to refuse takeoff permission to aircraft, and to deny the use of the Airport or any portion thereof to any specified class of aircraft or to any individual or group, when he considers any such action to be necessary and desirable to avoid endangering persons or property and to be consistent with the safe and proper operation of the Airport. In the event the Airport Director determines the condition of the Airport or any part thereof to be unsafe for landings or takeoffs, he shall issue, or cause to be issued, a Notice to Airmen (NOTAM) closing the Airport or any part thereof. 5.6 TWO-WAY RADIO, BRAKES, AND TERMINAL CONTROL AREA REQUIREMENTS No aircraft may land or take-off at the Airport unless it is equipped with brakes and a functioning two-way radio having two-way communication with the Federal Aviation Control Tower on the Airport. The aircraft must also be equipped with an operating 4096 transponder for altitude and coding, as well as have VOR capability. The pilot must have received permission for each such landing or take-off from the Airport Director and said Control Tower. 5.7 STARTING OR RUNNING OF AIRCRAFT ENGINES No aircraft engine shall be started or run unless a licensed pilot or certificated A and P mechanic is attending the aircraft controls. Wheel blocks equipped with ropes or other suitable means of chocking the wheels of an aircraft to deter movement shall always be placed in front of the main landing wheels before starting the engine or engines, unless the aircraft is locked into position by functioning locking brakes. 5.8 RUN-UP OF AIRCRAFT ENGINES (A) All aircraft shall be started and run-up in locations designated for such purposes by the Airport Director. Aircraft engines shall not be operated in such position that persons, structures or property may be endangered by the path of the aircraft propeller slip-stream or jet blast. (B) No aircraft engine exhaust, blast, and/or propeller wash shall be directed in such manner as to cause injury, damage, or hazard to any person, structure, or property. (C) Power back of aircraft at any gate is prohibited. (D) The run-up of mounted aircraft engines for maintenance or test purposes is prohibited between the hours 2200-0600 except as provided below: (1) An idle check of a single engine is allowed under the following conditions: (a) An idle check of a single engine not to exceed a 5-minute duration may be conducted in the leasehold area. If more than one engine is to be checked, each engine must be checked separately and the total duration of the idle checks cannot exceed 5-minutes. 45 City and County of San Francisco (b) (2) Airport Commission's Rules and Regulations An idle check of a single engine or engines (checked separately) which will exceed a duration of 5-minutes will be accomplished at an authorized run-up area at the approach end of Runway 19. During the hours of 2200-0600, Airfield Operations shall be called and permission received prior to any engine idle check, compass check or engine idle run-up. Any idle run for more than a duration of 5-minutes will be considered an engine run-up. During other hours Airfield Operations shall be called and permission received prior to any engine run-up. Any other request for an engine run-up during the hours 2200-0600 due to emergency circumstances may be approved by Airfield Operations. When approved and accomplished the Maintenance Supervisor of the airline concerned must provide to the Airport Director a monthly report detailing the following: (a) (b) (c) (d) (e) (f) Date and time of the run-up T ype aircraft Aircraft identification number Location of the run-up Duration of the run-up An explanation of the emergency circumstances making the run-up necessary. Reports shall be submitted to the Airport Director within 3 working days following the last day of each calendar month. (E) Air carriers shall comply with Federal Aviation Regulations for noise abatement and noise emission standards and must conform with all rules, policies, procedures and resolutions as established by the Airport Commission relative to noise abatement. (F) Preferential Runway Use In order to minimize noise levels during flight operations, air carrier aircraft will be governed by the Federal Aviation Administration procedures governing Preferential Runway Use. 5.9 REGISTRATION AND FEES The Airport Director may require and may designate appropriate locations for the registration of pilots and aircraft using the Airport. Pilots shall comply with the requirements of such registration. The payment of rentals, fees, and charges relating to the use of Airport premises and facilities shall be made before takeoff. In lieu of such payments, satisfactory credit arrangements shall be made by the pilot or owner of aircraft with the Airport Director or designee. 5.10 TAXIING OR MOVING OF AIRCRAFT ON OPERATIONAL AREAS (A) Whenever any aircraft is being taxied, towed or otherwise moved on the apron, ramp, or airfield, there shall be a person attending the controls of the aircraft who shall monitor by radio the transmitting frequency in use by the Control Tower or who, if necessary, will cause that frequency to be monitored by another person in the aircraft. In the event of radio equipment failure, the Control Tower may use an Aldis Lamp for communication. 46 City and County of San Francisco Airport Commission's Rules and Regulations (B) Push back personnel must wear reflecting clothing and carry lighted signal wands while in the process of moving or directing aircraft during hours of darkness or limited visibility. (C) Tenant vehicles used for towing aircraft are restricted to routes prescribed by the Airport Director. (D) Towbarless Towing Vehicles (TLTV) The standards for Towbarless Towing Vehicles (TLTV) are based on FAA Advisory Circulars 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport and 00-65 Towbar and Towbarless Movement of Aircraft. TLTV must either be painted International Orange, or outlined on both sides with a minimum 8-inch wide horizontal band of retroflective tape with coverage greater than 25% of the vehicle’s vertical surface. A LED light bar or yellow flashing light must be placed above the TLTV operator’s cab. In addition, a yellow flashing light must be installed on both the upper-left and upper-right rear corners of the vehicle, with all lights activated when operating in low light and/or low visibility conditions. A properly trained and qualified flight deck/cockpit observer must be in place in the towed aircraft cockpit during any aircraft towing operation. When towing an aircraft between sunset and sunrise, aircraft wingtips, tail, and fuselage must be clearly illuminated by aircraft position lights and anti-collision lights (when appropriate). Airline and/or ground support tenant must otherwise meet FAA training and operational requirements stipulated in FAA Advisory Circulars 150/5320-5D and 00-65. 5.11 P ARKING RESPONSIBILITY Upon direction from the Airport Director, the operator of any aircraft parked or stored at an air terminal shall move said aircraft from the place where it is parked or stored. If the operator refuses to comply with such directions, the Airport Director may arrange for the tow of said aircraft at the expense of the owner or operator, and without liability for damage which may result in the course of such movement. 5.12 TAXIING INTO OR OUT OF HANGARS No aircraft shall be taxied into or out of a hangar under its own power. 5.13 5.14 AIRCRAFT MARKING DURING LOW VISIBILITY PERIODS (A) Every aircraft parked on the ramp or apron shall have its running lights lighted during the hours between sunset and sunrise and during low visibility periods, except in areas designated by the Airport Director. Other means of identifying and marking of the wingtips of the craft while parked may be used in lieu of the running lights, but prior authorization for any substitute wingtip identification must be obtained from the Airport Director. (B) All aircraft being taxied, towed or otherwise moved on the ramp, apron or taxiways shall proceed with running lights on during the hours between sunset and sunrise and during periods of low visibility. (C) Aircraft shall not be taxied, towed or otherwise moved on any part of the operational area until specifically cleared to do so by the Control Tower. AIRCRAFT REPAIRS 47 City and County of San Francisco Airport Commission's Rules and Regulations All repairs to aircraft or engines shall be made in areas designated for this purpose. Minor adjustments and repairs may be performed on aircraft at gate positions on the ramp when such repairs can be safely accomplished without inconvenience to persons or other companies. Any aircraft being repaired at a gate position shall be moved immediately upon the request of the Airport Director. No aircraft engine shall be run-up for test purposes at any gate position. 5.15 5.16 PARKING AND WASHING OF AIRCRAFT (A) Aircraft shall not be parked on the Airport, except in areas and in the manner designated by the Airport Director. The City and County of San Francisco and its agents assume no responsibility for aircraft parked or in the process of being parked on the Airport. (B) Aircraft shall not be washed, except in areas and in the manner designated by the Airport Director. No aircraft shall be washed at any terminal gate position. TRAINING FLIGHTS AND STUDENT PILOTS No aircraft shall land, take off or taxi at the Airport while the aircraft is under the control of a student pilot. No person shall conduct training flights on or over the Airport. 5.17 USE OF UNSAFE AREAS No aircraft shall use any part of the airfield, apron, ramp, taxiway, runway or other area considered temporarily unsafe for landing or takeoff, or which is not available for any reason. The boundaries of such areas will be marked by the Airport Director with barricades and flags by day and high intensity flashing red lights at night and low visibility periods, and an appropriate NOTAM issued. 5.18 MARKINGS, SIGNS AND SIGNALS The pilot or other person aboard engaged in the operation of any aircraft must at all times comply with any lawful order, signal or direction of the Airport Director, except when subject to the direction or control for ground movement purposes of the Federal Aviation Administration or other federal agency. When operation of such aircraft is controlled by lights, signs, signals, and markings, such lights, signs, signals and markings shall be obeyed unless an authorized representative of the Airport Director directs otherwise. 5.19 TERMINAL RAMP AND GATE RESTRICTION (A) General Aviation private, business or corporate aircraft shall not enter or use terminal area gates without the prior written permission of the Airport Director. The owner and/or operator making the request for such entry or use assumes full and sole responsibility for the safety and security of all aircraft. (B) Parking of aircraft on the Terminal Ramp is restricted to no less than 138 feet from the center line of Taxiway "A". (C) No aircraft may park at a remote aircraft parking spot without prior permission of the Director except where permitted by leasehold agreements. (D) Only taxiway and lead lines are to be painted yellow. 48 City and County of San Francisco (E) 5.20 Airport Commission's Rules and Regulations No person shall install or alter any marking, sign, or light on the Secured Area/ AOA, including within leasehold areas, without first receiving written permission from the Airport. Building Inspection and Code Enforcement (BICE) shall evaluate such proposed alterations for compliance with the SFIA Tenant Improvement Guide (TIG) and other applicable standards and requirements. PASSENGER ENPLANING AND DEPLANING All aircraft shall be loaded or unloaded, passengers enplaned or deplaned, in designated areas unless otherwise permitted by the Airport Director, and all passengers shall be directed along designated routes to and from the terminal buildings. Airline personnel shall be stationed to assist and direct passengers during ground level enplaning and deplaning. There shall be no enplaning or deplaning of passengers on the ramp when aircraft engines are operating. No pedestrian traffic is allowed to cross any taxiway or terminal ramp between boarding areas. 5.21 5.22 5.23 H ELICOPTER OPERATIONS (A) Helicopter aircraft arriving and departing the Airport shall operate under the direction of the Control Tower at all times while in the Airport Control Zone. No helicopter may land or take off from the Airport unless it is equipped with a twoway radio, is in communication with, and has received authorization from the Control Tower. (B) Helicopters shall have braking devices and/or rotor mooring tie-downs applied to the rotor blades. Helicopters shall not be taxied, towed, or otherwise moved with rotors turning unless there is a clear area of at least 25 feet in all directions from the outer tips of the rotor blades. AIR TRAFFIC RULES (A) No motorless aircraft shall land or takeoff from the Airport. (B) Taxiways shall not be used for takeoffs and landings of aircraft without the written permission of the Airport Director. INTOXICANTS AND DRUGS As provided under FAR Part 91.11 and California State Law, no pilot or other member of the flight crew of an aircraft in operation on the Airport or any person attending or assisting in said operation on the Airport shall be under the influence of intoxicating liquor or drugs, nor shall any person under the influence of intoxicating liquor or drugs be permitted to board any aircraft, except a medical patient under care. Any person violating this section may be denied use of the Airport by the Airport Director in his sole discretion. 5.24 C HARTER AIRCRAFT All airlines are required to advise Airport Operations 72 hours in advance of any charter aircraft other than their own. 5.25 PERSONAL LISTENING DEVICES No person shall use personal listening devices while driving on the AOA. Personnel authorized to operate vehicles on the AOA may utilize cell phones only after stopping the vehicle in a safe manner and in a safe location. 49 City and County of San Francisco Airport Commission's Rules and Regulations RULE 6.0 FIRE AND SAFETY All fire and fire related safety provisions of these Rules and Regulations, including hazardous materials, shall be in accordance with applicable sections of the Uniform and San Francisco Fire Codes, and/or the National Fire Protection Association's (NFPA) Codes and standards, and all applicable laws, rules, and regulations as enforced by the Fire Marshal, San Francisco International Airport. 6.1 F IRE MARSHAL It shall be the duty of the Airport Fire Marshal to enforce all applicable sections of these Rules and Regulations pertaining to fire protection, fire prevention and fire spread control. All buildings, structures and premises shall be inspected periodically by the Airport Fire Marshal, or the Fire Marshal's duly authorized representatives, to insure compliance with these Rules and Regulations. No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this code and the California Building Code. Subject to the approval of the fire code official, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code and the California Building Code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. 6.2 HANDLING OF EXPLOSIVES & OTHER HAZARDOUS MATERIALS Explosives not acceptable for transportation under applicable federal regulations are not permitted on the Airport. Hazardous materials which pose a potential hazard to human health and safety or the environment shall be stored, kept, handled, used, dispensed, or transported only in accordance with applicable international, federal, state, and local laws and regulations and the latest edition of the San Francisco International Airport Tenant Improvement Guide. (A) All applicable regulations governing explosives which are acceptable for transportation must be strictly adhered to. Any other material subject to federal or state regulations governing hazardous materials must be handled in strict compliance with those regulations and any other more restrictive regulations that the Airport Director might deem necessary to impose. Any waiver of such regulations or any part thereof by the Federal Aviation Administration (FAA) or by any other competent authority shall not constitute or be construed to constitute a waiver of this rule by the Airport Director or an implied permission by the Airport Director. (B) Advance notice of at least twenty-four hours shall be given the Director for any operation(s) requiring the Airport Director's permission pursuant to this rule. (C) Permission may be given for the movement of radioactive materials only when such materials are packaged, marked, labeled and limited as required by 50 City and County of San Francisco Airport Commission's Rules and Regulations regulations applying to transportation of explosives and other dangerous articles and which do not create an undue hazard to life or property at the Airport. All hauling must be performed by a registered hazardous waste hauler. The Airport Fire Department shall provide the Airport Director with information relative to the hazards of any material subject to this section. 6.3 6.4 (D) All Airport tenants involved with the handling of hazardous materials must provide the Airport with an Emergency Response Plan and have on-site Material Safety Data Sheets (MSDS). The plan will include the name of the company used for removal of hazardous materials and the names and 24-hour telephone numbers of tenant staff authorized to handle such removals. The plan will be updated annually and resubmitted. (E) Individual containers of hazardous materials, cartons or packages shall be marked or labeled in accordance with applicable federal regulations. Buildings, rooms and spaces containing hazardous materials shall be identified by hazard warning signs in accordance with the California Fire Code Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, each application for a permit shall include a Hazardous Materials Inventory Statement (HMIS) in accordance with the California Fire Code. FIRE EXTINGUISHERS AND EQUIPMENT (A) Fire extinguisher equipment shall not be tampered with at any time, nor used for any purpose other than firefighting or fire prevention. (B) In accordance with their lease agreements, tenants shall maintain their own fire extinguishers, fire protection equipment and special systems within their respective areas in accordance with the California Fire Code. The Fire Marshal and/or his designated staff shall routinely check tenant areas for compliance with the maintenance of their equipment. In areas that are not the responsibility of the tenant, the Fire Marshal shall make arrangements to maintain fire extinguishers. Airport Facilities and Maintenance shall maintain other fire protection equipment not covered under lease agreements. FIRE PROTECTION SYSTEMS (A) Airport fire protection systems and equipment shall not be tampered with at any time. No person other than authorized employees of the City and County of San Francisco shall turn heaters in public areas on and off, or operate any other Airport equipment, except tenants in their respective areas. (B) The fire code official shall have the authority to require construction documents and calculations for all fire protection systems and to require permits be issued for the installation, rehabilitation or modification of any fire protection system. Construction documents for fire protection systems shall be submitted for review and approval prior to system installation. Fire protection systems shall be inspected, tested and maintained in accordance with the applicable referenced CBC/CFC codes and NFPA standards. Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of three years and shall be copied to the fire code official upon request. (C ) A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in 51 City and County of San Francisco Airport Commission's Rules and Regulations accordance with this code is not considered a modification and does not require a permit. 6.5 6.6 OPEN FLAMES (A) No person shall start any open fire of any type on any part of the Airport without permission from the Airport Director and a permit from the Office of the Airport Fire Marshal. (B) No person shall operate an oxyacetylene torch, electric arc or similar flame or spark producing device on any part of the Airport except in areas within leased premises specifically designated for such use by the Airport Director, unless a permit from the Airport Fire Marshal has first been obtained. No permit shall be issued for operations within an aircraft hangar, any fuel storage area, or upon any components or section of the hydrant fuel distribution systems, unless the work is required for repair of such areas or hangars or fuel systems. Where such operation is required, permission shall first be obtained from the Airport Fire Marshal and shall be subject to such conditions as the Fire Marshal may impose. REPORTING FIRES Every person observing any unattended or uncontrolled fire on the Airport premises shall immediately report it directly to the Emergency Operator (650) 876-2323. No person shall make any regulation or order, written or verbal that would require any person to take any unnecessary delaying action prior to reporting such fire to the Fire Department. 6.7 INSPECTION AND CLEANING SCHEDULES Commercial cooking equipment shall be installed, maintained and protected from fire in accordance with the requirements of the Airport Tenant Improvement Guide. National Fire Protection Association #96, "Standard for the Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment", has been adopted by reference in the Airport Tenant Improvement Guide as the standard for insuring proper installation, inspection, and maintenance procedures. The Airport Fire Marshall shall be supplied a copy of all inspection and maintenance contractors for each commercial hood and duct system being operated on the Airport upon request. All Type 1 Suppression Systems shall be upgraded to UL 300 Systems by the second servicing of 2008 per Section 904.11 of the 2007 California Fire Code. As part of the UL300 system upgrade, a Type K fire extinguisher is required. 6.8 LITTER AND CLEANING OF ALLOTTED SPACE (A) Each tenant at the Airport shall keep their allotted space policed and free from all trash including food wastes, rubbish and debris with all trash, rubbish and debris to be placed in Airport-approved receptacles. Flammable materials shall be stored only in approved labeled containers in or about tenant areas and all floors shall be clean of fuel, oil and litter. (1) The Airport Director is authorized to assess an administrative fine of $500 for each littering incident in addition to any additional fines pursuant to any applicable State and Federal laws. 52 City and County of San Francisco (B) The use of volatile or flammable solvents for cleaning floors is prohibited. Approved metal receptacles with tight-fitting, self-closing covers shall be used for the storage of oily waste rags and similar materials. The contents of these receptacles shall be removed daily. Clothes lockers shall be constructed of metal or fire-resistant material. (C) Plastic sheeting used on the airfield ramp shall be covered by webbing and tied securely. (D) Plastic trash bags shall not be left unattended on all parts of the AOA. (E) The placement of any devices to feed any wild bird, mammal, reptile, fish amphibian or invertebrate in tenant's allotted space is prohibited. (1) 6.9 Airport Commission's Rules and Regulations The Airport Director is authorized to assess an administrative fine of $500 for each incident involving the placement of any devices to feed any wild animal. This is in addition to any additional fines pursuant to any applicable State and Federal laws. CONTROL OF CONTAMINANTS No person shall allow fuel, oil, hydraulic fluid or any other petroleum based product to leak or spill onto the Secured Area/AOA surface. No fuel, grease, oil, flammable liquids, or contaminants of any kind, including detergents used to wash aircraft or other surfaces, shall be allowed to flow into or be placed in any sewer system or open water areas without a separator or unless connected to an industrial waste system in which certain constituents such as heavy metals in the waste system are restricted. See Section 8. Air Carriers shall utilize all appropriate pollution prevention procedures and equipment including but not limited to spill kits, storm drain intrusion dams and covers and vacuum recovery or spill scrubber vehicles to protect the Airport’s storm, sanitary and industrial waste collection systems. Air Carriers shall maintain current and readily accessible site and procedure specific Storm Water Pollution Prevention Plans (SWPPP) that address Aircraft Deicing Fluid (ADF) usage and recovery. Air Carriers shall implement all appropriate SWPPP Best Management Practices (BMP) including but not limited to training, material storage, usage, recovery and disposal and record keeping. 6.10 FUELING OF AIRCRAFT (A) Aircraft occupancy and passenger traffic is allowed during fuel transfer operations only when all of the following safety measures are in place: a trained, qualified employee of the aircraft owner is on board for enforcement of “No Smoking” signs and shall be available to direct emergency evacuation through regular and emergency exits, and passenger walkways or stands are left in the loading position. (B) In the event of a fire or fuel spill, the airline will summon the Fire Department and Airport Operations by calling the Emergency Operator (650) 876-2323, and immediately insure that the aircraft and loading bridge are evacuated. Should passengers evacuate because of a fuel spill, passengers shall not be re-admitted to the jet bridge or the aircraft until authorized by the Fire Department. (C) Only persons duly authorized in pursuit of official duties shall be permitted in the immediate vicinity of an aircraft while the aircraft is being fueled. 53 City and County of San Francisco 6.11 Airport Commission's Rules and Regulations (D) All aircraft and aircraft fueling units shall be adequately bonded and grounded during fueling or defueling operations to prevent static charges of electricity. Fueling operations shall be discontinued during electrical storms. (E) In the event of fuel spillage and when there is no apparent presence of fire, fuel delivery units shall not be moved until the spillage is dispersed or removed. Spilled fuel must be cleaned-up immediately and the area secured. Every effort must be made to contain the fuel and keep it from entering the storm drains. No aircraft or vehicular movement shall be allowed in the area until authorized by the Airport Director. (F) Any person causing or responsible for a fire or fuel spill in the fuel delivery unit while servicing an aircraft shall immediately notify the Airport Fire Department and Airport Operations through the Emergency Operator (650) 876-2323. In the event of spillage, fueling shall be discontinued immediately and all emergency valves and dome covers shall be shut down. (G) The fuel cargo of any refueling unit shall be unloaded by approved transfer apparatus only, into the fueling tanks of aircraft or underground storage tanks, except that when such unit is disabled through accident or mechanical failure and it is necessary to remove the fuel, such fuel may be transferred to another refueling tank or unit vehicle, provided the necessary bonding and grounding connections have been made prior to fuel transfer and that adequate provisions are in place to contain a fuel spill. (H) All airlines shall accept underground fueling whenever such facilities are available unless otherwise authorized by the Airport Director. AIRCRAFT PARTS CLEANING MATERIALS Cleaning of aircraft parts and other equipment shall be done preferably with nonflammable cleaning agents. When flammable combustibles must be used, only liquids having flash points in excess of 100 degrees F shall be used and special precautions shall be taken to eliminate ignition sources in compliance with good practice recommendations of the Uniform Fire Code, and the NFPA. 6.12 GASOLINE STORAGE FOR AUTOMOTIVE VEHICLES Except in such instances where the storage of fuel and other flammable liquids has been approved specifically by the Commission in writing, no more than ten (10) gallons of gasoline may be stored or kept in approved portable safety containers above ground by any person, firm, company, or corporation. All portable containers shall be stored in approved flammable liquid storage lockers when not in use. Gasoline may also be stored or kept for gasoline supply in approved double walled underground tanks. No more than 30,000 gallons of gasoline in aggregate shall be stored underground, and no tank shall have a capacity greater than 10,000 gallons; provided that the Airport Director may grant permission to store or keep gasoline in excess of the above limitation in tanks having a capacity not greater than ten thousand five hundred (10,500) gallons each, if, in the Director's judgment, the additional gasoline is deemed necessary, but such gasoline shall be stored or kept only upon conditions and under such regulations as may be required by the Airport Fire Marshal. All portable filling tanks, underground storage tanks, installations, safety provisions, pumps, and other necessary facilities shall be installed and operated in such a manner as to comply with the Uniform Fire Code, San Francisco Fire Code, and the NFPA. Prior to the installation of any underground or above ground gasoline facilities, Airport 54 City and County of San Francisco Airport Commission's Rules and Regulations tenants shall be required to acquire authorization by the Director based on the recommendation of the Airport Fire Marshal. In addition, an appropriate permit, if required, must be obtained from any other agency having jurisdiction. 6.13 ENGINE OPERATIONS WITHIN HANGARS The starting or operating of aircraft engines inside any hangar is prohibited. 6.14 HEATING AND LIGHTING OF HANGARS Lighting in hangars shall be restricted to electricity. Heating in any hangar shall be by approved systems or devices only as listed by the Underwriters Laboratories or other acceptable approved Laboratories. 6.15 PAINT, VARNISH AND LACQUER USE For paint, varnish, or lacquer spraying operations, the arrangement, construction, ventilation, and protection of spraying booths and the storing and handling of materials shall be in accordance with the standards of the Uniform Fire Code, and the NFPA. 6.16 TESTING OR OPERATION OF RADIO EQUIPMENT Radio transmitters and similar equipment installed in aircraft shall not be tested or operated within a hangar with dynamotors running unless all parts of the antenna system are at least one foot removed from any other object. No aircraft shall be placed at any time so that any fabric-covered surface is within one foot of an antenna system. 6.17 DELIVERY OF AVIATION FUELS (A) Appropriate Aviation Fuel Permits All petroleum companies, business and general aircraft maintenance and service companies (fixed base operators) and bona fide single fleet operators of aircraft shall be required to obtain an appropriate permit from the Office of the Airport Fire Marshal in order to effect the delivery of aviation fuel on the Airport. (B) Petroleum Companies Petroleum companies who own equipment or facilities operated or located on the Airport for the purpose of distributing aviation fuel shall possess a valid petroleum company distributor permit issued by the Airport Director. (C) Business and General Aircraft Maintenance and Service Companies Business and General Aviation Maintenance and Service Companies (fixed base operators) may be authorized by the Airport Director to act as dealer or agent for petroleum companies for the purpose of effecting delivery of aviation fuel into aircraft provided that the petroleum company supplying the aviation fuel possesses a valid petroleum company distributor permit, and that such deliveries are confined to the areas designated in writing for said company by the Airport Director. (D) Single Fleet Operators Single fleet operators who maintain a base of operations on the Airport for the servicing and storage of their own aircraft may qualify for a permit to effect the 55 City and County of San Francisco Airport Commission's Rules and Regulations delivery of aviation fuel to their own aircraft provided their fleet of planes based on the Airport aggregate at least three in number of 75,000 pounds in gross landing weight. A bona fide Single Fleet Operator Aviation Fuel Permit may be obtained from the Airport Director. (E) Tenant Fueling Services Tenants who perform fueling services must have an approved training program for their employees and be licensed by the Security Access Office. All companies that have staff that fuel or defuel aircraft shall have an approved training program in accordance with Title 14, C.F.R., Section 139.321. Each fueling agent shall provide a minimum of one fueling supervisor who has a current certificate from an FAA approved fuel safety training program. That individual shall be responsible for training all fuel handlers under their authority and insuring that all such training is documented. Training for new employees shall be completed prior to beginning any fueling responsibilities. Recurrent training for all fuelers shall be obtained every 24 consecutive calendar months. The trainer’s certification and the training records shall be made available to the Fire Department upon request. 56 City and County of San Francisco Airport Commission's Rules and Regulations RULE 7.0 AIRPORT SECURITY 7.1 SECURITY REQUIREMENTS (A) All persons using the Airport are subject to the Airport Security Program (ASP) issued by the Airport Director pursuant to 49 C.F.R. Transportation Security Regulations Part 1542. The ASP contains Sensitive Security Information (SSI) that is controlled by 49 CFR Part 1520. Unauthorized release of SSI may result in civil penalty or other action. (B) Only authorized and properly identified personnel and vehicles are allowed access into the Secured Area/Air Operations Area (AOA). (1) Any person(s) who gains or allows another person unauthorized access into the Secured Area/AOA by tailgating or piggybacking will be subject to a monetary fine in accordance with the schedule in Section 14. (C) All persons desiring to enter the Sterile Area are subject to security screening. (D) Unidentified or unauthorized personnel in the Sterile/Secured Area/AOA may be detained and/or removed by the Airport Director or a duly-authorized representative. The Airport Director or a duly-authorized representative may remove unidentified or unauthorized vehicles in the Secured Area/AOA at the owner’s expense. (E) Any person who violates security regulations may be denied future entry into the Sterile/Secured Area/AOA. (F) Security doors shall be kept locked as required by the Airport Security Program. Tenants shall be responsible for doors located in their leased areas. (1) Any tenant or their subcontractor who fails to control unauthorized access into the Secured Area/AOA through doors located in tenantleased or permitted space will be subject to a monetary fine in accordance with the schedule in Section 14. (G) Tenant security doors leading from leased tenant space to the Airport’s Secured Area/AOA shall be keyed to either the Airport Master keying system, tenant’s locking system or cipher lock system. (H) Any person or entity causing or responsible for any security violation that results in the imposition of a monetary penalty upon the Airport shall reimburse the Airport for the full amount of the penalty. (I) The Airport Director or a duly-authorized representative, at the owner’s expense, may remove unidentified or unauthorized vehicles parked in posted “no parking” zones within 10’ along the Secured Area/AOA perimeter fence, 57 City and County of San Francisco Airport Commission's Rules and Regulations which has been designated as the “Security Clear Zone”. The “Security Clear Zone” shall remain free of vehicles, stored materials or unattended equipment. Stored materials or unattended equipment may also be removed and/or disposed of at the owner’s expense. (J) Entry into the San Francisco International Airport Water Perimeter Security Zone (WPSZ) is prohibited. No person, vessel, or boat shall enter the WPSZ without the express permission of the United States Coast Guard Captain of the Port and Airport Director or duly-authorized representative. (K) Security responsibilities of employees and other entities while employed or conducting business at the Airport: No person or entity may: (L) (1) Tamper or interfere with, compromise, modify, attempt to circumvent any security system, measure, or procedure implemented under the Airport’s ASP and TSA Regulations Section 1500 et al. (2) Enter, or be present within, a Secured Area, AOA, Security Identification Display Area (SIDA), or Sterile Area without complying with the systems, measures, or procedures being applied to control access as defined in the Airport’s ASP and TSA Regulations Section 1500 et al. (3) Use or allow to be used any Airport-issued access medium or identification system that authorizes the access, presence, or movement of persons or vehicles in the Secured Area, AOA, or SIDA in any other manner for which it was issued. The Airport Quality Standards Program (“QSP”), was developed to enhance safety and security at San Francisco International Airport (SFO). The Program applies to any firm, including airline and third party vendor (collectively, “covered employer”) which employs personnel involved in performing services which directly impact safety and/or security. The Airport’s policy is to ensure that the service providers offer the highest level of quality service to the Airport community, and to enforce the minimum standards for hiring, training, equipment and vehicle maintenance and compensation for the airline service provider employees. Any airline or third party vendor covered by the Airport’s Quality Standards Program must, as a condition to its operating on the Airport, comply with the Airport’s Quality Standards Program, as the same may be amended from time to time at the Airport Director’s sole discretion. All tenants are required to comply with all other Airport operating requirements, including those in their respective leases and permits, Airport Rules and Regulations and Airport Directives. 58 City and County of San Francisco 7.2 Airport Commission's Rules and Regulations SECURITY ENFORCEMENT PROGRAM (A) S ecurity Responsibilities Violations of Airport access control procedures may include any one or more of the following categories: (1) Failure to Challenge: It is the responsibility of every Airport-badged employee to conscientiously observe the presence of an Airport I.D. badge on another employee. Every Airport-badged employee must ensure the following: a. b. c. Badge is valid for area of use Badge has not expired Photograph on badge matches employee Any violation of these protocols must be reported immediately to the Airport’s Communication Center. (2) Tailgating: Under no circumstance may an employee follow, or allow another to follow through a card/biometric reader-operated door on the same card swipe. The only exception is the authorized escort of individuals utilizing the Airport’s established escort procedures. (3) Improper Display/Expiration/Missing I.D./Misuse: a. The Airport's I.D. badge must be displayed on the outermost garment, at or above the waist, at all times. b. The Airport’s I.D. badge is issued for a period of approximately two (2) years from an employee’s birth month/day and must be renewed prior to expiration. c. An employee may not work without an Airport I.D. badge. d. An employee’s Airport I.D. badge may not be given to another, or used by another, to work and/or gain entry through an Airport badge and/or biometric-controlled door. (4) Misuse of Airport Security Key(s): Under no circumstance may an employee’s Airport-issued security key be given to or used by another employee to gain entry through an Airport access-controlled door. (5) Failure to Control Access: Employees must ensure security access doors are secured after entry, and without allowing another person to follow. Employees leaving the Secured Area and entering the Terminal Building must ensure that no one simultaneously exits the Terminal into the Secured Area. (6) Failure to Report False Alarm: Employee(s) are responsible to report any self-activation of a false door alarm. 59 City and County of San Francisco (B) Airport Commission's Rules and Regulations Security Violation Program If an employee receives a written admonishment citation for violation of any provision of Section 7.0, the employee will have fourteen (14) calendar days from the date of the violation to submit a written appeal with an explanation for reconsideration of the issuance of the admonishment, directed as follows: Assistant Deputy Airport Director, Aviation Security San Francisco International Airport PO Box 8097 San Francisco, CA 94128-8097 If the admonishment citation is not revoked, progressive enforcement action including, but not limited to, the following shall be imposed: (1) First Offense: Upon receipt of written admonishment citation, employee will have Airport I.D. badge confiscated for one (1) consecutive day and employer will be notified of the suspension. (2) Second Offense within 24 months of the First Offense: Upon receipt of written admonishment citation, employee will have Airport I.D. badge confiscated for three (3) consecutive days and employer will be notified of the suspension. (3) Third Offense within 24 months of the First Offense: Upon receipt of written admonishment citation, employee will have Airport I.D. badge confiscated for ten (10) consecutive days and employer will be notified of the suspension. (4) Fourth Offense within 24 months of the First Offense: Employee Airport I.D. badge will be permanently suspended and employer will be notified. 60 City and County of San Francisco Airport Commission's Rules and Regulations RULE 8.0 AIRPORT ENVIRONMENTAL STANDARDS 8.1 GENERAL All businesses operating at San Francisco International Airport must operate in an environmentally responsible way by conserving resources, preventing pollution, and purchasing and/or using “green” products and supplies. In support of the San Mateo County Green Business Certificate Program, the Airport Director encourages businesses to contact San Mateo County Department of Environmental Health, and complete the needed audit requirements to secure a Green Business Certificate for the SFO operations. Additional information about the San Mateo County Green Business Certificate Program is provided at: www.recycleworks.org/green/business/index.html. 8.2 CLEAN AIR VEHICLES Phase in clean air vehicles to convert vehicles (e.g. trucks, tugs, etc.) to clean burning fuels, biodiesel, Compressed Natural Gas (CNG), propane or electric engines, as soon as practicable or as required by law; provide incentives for employees to use public transportation for commute or vanpool commute options. 8.3 GENERAL WASTE WATER OPERATIONAL REQUIREMENTS These Rules and Regulations shall apply to all tenants, subtenants, service providers, and contractors, when operating on Airport property, and who shall comply with the following when performing their permitted operations which generate discharges into stormwater, sanitary sewage, and industrial wastewater collection systems, affecting the operations of the Airport’s Mel Leong (Wastewater) Treatment Plant (MLTP) facility, affecting the health of the Airport community or of the San Francisco Bay: 1. Tenant shall manage and perform permitted operations at any site for which it is permitted and responsible in such a manner to prevent any pollutant or unauthorized discharges entering the Airport’s storm water, sanitary and industrial wastewater collection systems or contributing to the degradation of the San Francisco Bay. 2. All operations shall be performed in acknowledgement of the Airport’s current Regional Water Quality Control Board (RWQCB) issued Final Order No. R2­ 2007-0058, Sanitary NPDES Permit # CA0038318, effective October 1, 2007, and Final Order No. R2-2007-0060, Industrial Wastewater NPDES Permit # CA0028070, effective October 1, 2007, NPDES Permit No. CA0038849, Final Order No. R2-2007-0077; and any subsequent modifications to these orders. Copies of the current orders shall be posted at the Airport’s website. 3. Whenever a pollutant or illicit/unauthorized discharge of any kind occurs at any location within the Airport, the tenant, in addition to taking proper spill containment actions, shall immediately contact the Airport’s Emergency Communications number at (650) 876-2323, notify the Airport’s and tenant’s management personnel, and safely maintain a presence at the spill site. 4. Tenant shall strive to be in constant compliance with Airport’s Bay Pollution Prevention Compliance Program that incorporates employee training, pollution prevention and operational pretreatment in order to assure that permitted 61 City and County of San Francisco Airport Commission's Rules and Regulations discharges go to the proper waste water collection system and that only rain goes down the storm drain. 5. Tenant shall develop, implement and maintain an active and effective pollutant minimization program in accordance with RWQCB directives to the Airport. 6. Tenant shall respond promptly to Airport SWPPP surveys and inquiries that seek to resolve water quality, program compliance, or regulatory agency permit concerns. 7. The Airport retains the right to sample and characterize the wastewater discharge at a tenant’s point of connection to any of the Airport’s collection systems, and to go even further upstream in the system within the tenant’s area, to track the source of pollutants as necessary, or to direct the tenant to perform such tasks and to report the results to the Airport. 8. Except as hereinafter provided, no tenant shall discharge or cause to be discharged into any of the Airport’s sanitary sewer, industrial waste sewer, or storm water collection and treatment system any of the following: A. Any liquid or vapor having a temperature higher than 120o F. B. Any water or waste containing more than 120 mg/L of fat, oil, or grease coming from food preparation or food service ware cleaning. C. Any waste containing gasoline, benzene, naphtha, fuel oil, petroleum, jet fuel, waste oil, or other flammable, hazardous, or explosive solid, liquid, or gas. D. Any food preparation garbage. All shredded food preparation garbage should otherwise be disposed of as solid waste. E. Any solid debris such as ashes, cinders, sand, mud, straw, shavings, metals, glass, rags, rugs, feathers, tar, plastic, wood, paunch, manure, or any other solid or viscous substances capable of obstructing or interfering with the proper operation of the Airport’s collection and treatment systems. F. Any process waters or waste containing a toxic or poisonous substance, in sufficient quantity to injure or interfere with the sewage or industrial waste treatment plant processes, or to constitute a hazard to humans, animals, public or private property, or to create any hazard to the treatment plant effluent or the receiving water of the Bay. G. Any noxious or malodorous gas, or substance in a quantity capable of creating a public nuisance. H. Any waste containing measurable and harmful amounts of radioactive substance. I. Any unauthorized discharge capable of, or causing damage, create an upset, or pass thru untreated, to any of the Airport’s wastewater collection and treatment systems. J. Any hazardous material or hazardous waste, sediment or debris that would obstruct or interfere with the proper and effective operation of any Airport collection system. 62 City and County of San Francisco 8.4 Airport Commission's Rules and Regulations K. Any material discharge which would enter the Airport’s collection system but pass through the treatment system, causing a discharge which results in a violation of any regulatory agency’s permit or standards, where that agency has jurisdiction over the Airport. L. Tenant is responsible to contact the Airport at (650) 876-2323 immediately when becoming aware of an unauthorized or illicit discharge violation, to provide directive assistance to the first responder, and to take all reasonable containment actions. S ANITARY SEWAGE 1. Authorized discharge limits into the Airport’s sanitary sewage collection system are as listed in Table 8(A). 2. Tenant shall not allow or cause an illicit or unauthorized product discharge into the sanitary wastewater collection systems through floor drains, toilets or any other access port of these systems. Tenant shall maintain verifiable records of such product disposal. 3. No unapproved or unauthorized collection device or piping may be connected or cross-connected into the Airport’s sanitary sewage collection system. Tenant is responsible to promptly notify Airport upon discovery of such a condition. 4. Sanitary sewage only shall be discharged into the sanitary sewage collection and treatment system. No industrial waste effluent or storm water effluent shall enter any sanitary sewer collection system. Nor shall any tank, bucket, or other container containing petroleum hydrocarbons or industrial waste be emptied into any toilet, sink, sump, or other receptacle connected to the sanitary sewer or the storm drain system. 5. No discharge to the sanitary sewage collection system shall be permitted that contributes to unacceptable Biochemical Oxygen Demand (BOD) levels in the waste stream, exceeding the limit as listed in Table 8(A). 6. Any Food Preparation Facility including restaurants shall be responsible to properly size and maintain the Fats, Oils, and Grease (FOG) trap or interceptor connected to their wash water process discharge and shall maintain accurate and complete records of their maintenance program. 7. No cooking process oils or greases, new or used, shall be discharged into the sanitary or industrial waste collection system. Neither floor drains nor lavatories shall be used to dispose of cooking grease or food waste product. 8. Food preparation operator shall use all necessary pretreatment to remove solid debris, including food waste, from entering the sanitary or industrial waste collection systems. 9. Food preparation operator shall see that dishwasher discharges directly only to sanitary sewer line and does not discharge through grease trap or grease interceptor. 10. No concentrated sanitary system chemical or process component shall be discharged into the Airport’s sanitary sewage collection system without prior written approval from the Airport. 63 City and County of San Francisco 8.5 Airport Commission's Rules and Regulations 11. Portable sanitary discharge operations such as aircraft lavatory collections shall discharge only at permitted locations and shall be operated in a careful and efficient manner such that the disposal site is acceptably maintained and spills do not escape the disposal site. 12. Tenant responsible for an unauthorized and unacceptable lavatory discharge shall be responsible for the cost of all cleanup and recovery. Operational personnel shall be trained in the proper and careful operation of the equipment and material. Repeated violations shall be cause for revocation of lavatory service operating permit. INDUSTRIAL WASTEWATER DISCHARGE 1. Industrial waste in such concentrations that the resultant discharge will meet the requirements specified as listed in Table 8(A). below, shall only be discharged to the industrial waste system. 2. The discharge limits for all heavy metals at a minimum shall be controlled by the limits listed in the Airport’s current National Pollutant Discharge Elimination System (NPDES) permit requirements issued by the Regional Water Quality Control Board and referenced and as posted in Table 8(A). (The Airport shall publish and update the compliance list and make it available upon request.) 3. Tenant responsible to monitor and report industrial waste discharge to Airport’s collection system shall comply with proper sampling and analytical procedures that follow. 4. Analytical method used must have the detection sensitivity to match the required limit of parameter being analyzed and shall be in compliance with the requirements of the appropriate regulatory agency. 5. Toxicity – survival of test fish in 96-hour bio-assays of undiluted waste water using a 24-hour composite sample, 90% minimum. The above values apply to composite samples of the wastewater collected at hourly intervals over a period of not less than six (6) hours. Mg/L Ml/L/hr - milligrams per liter milliliters per liter per hour 6. The maximum allowable concentrations listed in Table 8(A), and other toxic or potentially toxic, substances are subject to change by the Airport as necessary to comply with the directives and regulations of the State Regional Water Quality Control Board. 7. No industrial substance capable of upset or pass through of the Airport’s Industrial Waste Treatment Plant and causing a violation of the Airport’s Industrial Waste NPDES Permit shall be allowed to enter the Industrial Waste Collection System. 8. Concentrated industrial waste that exceeds the Airport’s acceptance limits, including organic and petroleum oils, shall not be discharged to any system but shall be collected in approved tanks, bins or sumps and periodically removed from the Airport. On request, the tenant shall submit disposal reports to the Airport Director and such reports shall include time and date, amount of waste removed, by whom, and where disposed. Chain of custody and manifest 64 City and County of San Francisco Airport Commission's Rules and Regulations documentation records shall be kept available for Airport inspection in compliance with regulatory agency requirements. 8.6 9. All hazardous waste containers shall be properly marked and stored. Marked containers with inconsistent product and unmarked containers shall be subject to seizure by the Airport with all costs for characterization, handling and disposal borne by the responsible party. Secondary containment shall be provided, shall be tested in accordance with appropriate regulatory requirements, and shall be reliable, adequately sized and routinely serviced. 10. Tenant operating any form of pretreatment equipment that discharges directly into the Airport’s Industrial Waste System shall routinely monitor, inspect and maintain such equipment in proper working order and operate such equipment within its operational limits. Tenant staff operating this equipment shall be trained and acceptably knowledgeable in its operation and maintenance. 11. Tenant shall perform aircraft maintenance only in designated areas and shall have proper spill kits and industrial waste collection devices readily available at work site. 12. Tenant shall immediately notify Airport Communications at (650) 876-2323 when determining that any equipment or procedure is not functioning in accordance with authorized operational and discharge parameters. S TORM WATER 1. All operations shall function such that no unauthorized discharge enters the Airport’s storm water collection system, and that only rain goes into the storm drain. 2. No sanitary sewage, kitchen waste, putrescible organic waste, industrial process waste, solid debris or hazardous waste shall be discharged to the storm sewers. 3. Tenant performing any industrial or sanitary process shall practice all appropriate measures to prevent and eliminate unauthorized and unacceptable discharge into the Airport’s storm water collection system. 4. If an unauthorized discharge occurs, responsible tenant shall immediately contact Airport Communications at (650) 876-2323 and maintain presence at incident location to guide first responder. Responsible party shall promptly take all actions to identify and contain spill. 5. Tenant shall maintain a current and accurate site storm drainage drawing. 6. Tenant shall practice effective housekeeping to prevent any storm water carryoff of debris, trash, sediment, spillage, or contaminants into Airport’s storm drain collection system. 7. The Airport reserves the right to impose to responsible party any and all fines and costs incurred to correct or resolve unacceptable conditions due to unauthorized discharge. 8. Only clean storm water runoff shall be discharged to the Airport’s storm water drainage system. Any discharge of non-storm water product into the storm water drainage system is prohibited unless approved in writing by the Airport Director. 65 City and County of San Francisco 8.7 8.8 Airport Commission's Rules and Regulations 9. Tenant operating within the limits of the Airport shall submit for review a Storm Water Pollution Prevention Plan that is current, site specific pertinent to each local operation, and acknowledges tenant’s responsibility to protect the Bay. 10. Tenant shall maintain on site and train staff to properly operate and maintain pollution prevention and pretreatment equipment as listed in submitted SWPPP. 11. When appropriate, tenant shall have on site, have submitted a copy to the Airport, and is actively implementing a current and certified Spill Prevention Countermeasures and Control program. HAZARDOUS MATERIALS AND HAZARDOUS WASTE MANAGEMENT 1. Tenant responsible for any unauthorized or accidental discharge of hazardous or toxic substances into any of the Airport’s storm, sanitary or industrial waste systems, or when any HazMat secure containment system is breached, shall immediately alert Airport Communications at (650) 876-2323, promptly upon incident discovery. 2. Tenant shall take all necessary actions to identify and contain spilled material, protecting public health, public and Airport property, and to cooperate fully with Airport’s Emergency Responder or Incident Commander. 3. Tenant shall comply with all hazardous waste handling requirements listed in Section 6.0 of these Rules and Regulations, and all local, state, and federal regulatory agencies’ rules. 4. Tenant is responsible to properly collect, contain, sample, characterize and dispose of any hazardous wastes generated as a result of tenant’s operations, and to maintain chain of custody documentation and disposal manifest. 5. Tenant is responsible to dispose of hazardous waste within the time period dictated by the appropriate regulatory agency. 6. Tenant is responsible to maintain accurate and current inventory of all hazardous materials, and readily accessible Material Safety Data Sheets (MSDS). 7. Tenant shall comply with Airport’s Integrated Pest Management (IPM) policy. 8. Tenant shall not cause discharge in violation of Bay Area Air Quality Management District rules. 9. Tenant shall properly collect, manage and dispose of Universal Waste and shall comply with current California Department of Toxic Substance Control regulations. 10. Hazardous materials and hazardous wastes are as defined by CaOES / CIWMB / CalOSHA / EPA / OSHA / DOT-PHMSA / NIOSH / CalCUPA / DTSC / RCRA, and listed in 49 CFR 172.101. 11. Tenant shall publish and implement a list of Best Management Practices (BMP) to comply with these requirements. SPILLS AND CLEAN-UP RESPONSIBILITY 66 City and County of San Francisco 1. 8.9 8.10 Airport Commission's Rules and Regulations Tenant causing spill incident shall be responsible for protection of the Airport and the public; the prompt protection and clean-up of affected areas; all equipment, labor, material and remediation costs, and any fines or costs assessed by appropriate regulatory agency. DE-ICING POLICY AND PROCEDURES 1. Air Carriers shall utilize all appropriate pollution prevention procedures and equipment including but not limited to spill kits, storm drain intrusion dams and covers and vacuum recovery or spill scrubber vehicles to protect the Airport’s storm, sanitary and industrial waste collection systems. 2. Air Carriers shall maintain current and readily accessible site and procedure specific Storm Water Pollution Prevention Plans (SWPPP) that address Aircraft De-icing Fluid (ADF) usage and recovery. 3. Air Carriers shall implement all appropriate SWPPP Best Management Practices (BMP) including but not limited to training, material storage, usage, recovery and disposal and record keeping. 4. Air Carriers shall immediately notify SFIA Airport Communications at (650) 876­ 2323 if there is any ADF discharge into the Airport storm, sanitary and industrial waste collection systems. 5. Air Carriers are responsible for all costs associated with ADF recovery, mitigation, and fines that may be incurred by the Airport as a result of Air Carrier’s use or misuse of ADF. 6. For a complete list of concentration limits for tenants discharging into SFIA Sanitary and Industrial Wastewater Systems, please contact Utility Engineering at (650) 821-7809. N ON-COMPLIANCE 1. Continued non-compliance with these rules and regulations will be cause for the Airport to recover all costs incurred by the Airport to correct any incident, and to consider the withdrawal of the tenant’s permit to operate on the Airport as stated in Section 2.2. 67 TABLE 8(A) Concentration Limits for Tenants Discharging into SFIA Sanitary and Industrial Wastewater Systems SANITARY PLANT Parameter Current NPDES Limit for SFIA Sanitary Plant Arsenic (As) Cadmium (Cd) Chromium (Cr) Total Copper (Cu) Lead (Pb) Mercury (Hg) Nickel (Ni) Sanitary Plant Average Max.Eff. Conc. (MEC) Limit for tenants discharging into Airport Sanitary System Unit 5 5 ug/L 0.58 6.77 0.6 7 ug/L ug/L 54 ug/L 64 ug/L 0.066 ug/L 76 ug/L 54 monthly 110 daily 64 monthly 130 daily 0.066 monthly 0.072 weekly 76 monthly INDUSTRIAL PLANT 5 14.9 150 daily Current NPDES Limit for SFIA Industrial Plant 54 monthly 110 daily 64 monthly 130 daily 0.079 monthly 0.12 daily 76 monthly Limit for tenants discharging into Airport Industrial System Unit Suggested Method of Analysis 9.87 10 ug/L EPA 200.7 2.365 21.9 2.4 22 ug/L ug/L EPA 200.7 EPA 200.7 41.3 54 ug/L EPA 200.7 2 ug/L or better 71.3 64 ug/L EPA 200.7 2 ug/L or better 0.034 0.079 ug/L EPA 1631E 0.0005 ug/L or better 29.9 76 ug/L EPA 200.7 5 ug/L or better Industrial Plant Average Max.Eff. Conc.(MEC) Analytical Method Minimum Level / Reporting Level 150 daily Selenium (Se) 1.56 2 ug/L 1.4 2 ug/L EPA 270.3 Silver (Ag) 0.5 0.5 ug/L 0.3 0.5 ug/L EPA 200.7 Zinc (Zn) 71.4 70 ug/L 56.6 70 ug/L EPA 200.7 20 monthly, 44 daily 15.8 20 ug/L 20 monthly, 44 daily 33 20 ug/L SM4500CNC,E 5 ug/L or better 6-9 6-9 6-9 ug/L 6-9 6-9 6-9 ug/L SM4500-H+B +/- 0.1 pH unit Cyanide (CN) pH Priority Organic Pollutants The NPDES Permit has set limits on some Priority Organic Pollutants. Wherever there is such a limit, the Airport Discharge Limit for the Tenants will be the same. (Please see Page 3) The NPDES Permit has set limits on some Priority Organic Pollutants. Wherever there is such a limit, the Airport Discharge Limit for the Tenants will be the same. (Please see Page 3) TPH-G (Gasoline) mg/L 50 mg/L 8015/8021 50 ug/L or better TPH-D (Diesel) mg/L 50 mg/L 8015 50 ug/L or better TPH-Jet mg/L 50 mg/L 8015 50 ug/L or better B.T.E.X. mg/L 0.5 mg/L 8015/8021 0.5 ug/L or better 68-A1 TABLE 8(A) Concentration Limits for Tenants Discharging into SFIA Sanitary and Industrial Wastewater Systems SANITARY PLANT Current NPDES Limit for SFIA Sanitary Plant Sanitary Plant Average Max.Eff. Conc. (MEC) INDUSTRIAL PLANT Limit for tenants discharging into Airport Sanitary System Unit Current NPDES Limit for SFIA Industrial Plant 20 mg/L 10 mg/L monthly, 20 mg/L daily MBAS 4.5 Phenols 1.5 Parameter Oil & Grease 10 mg/L monthly, 20 mg/L daily TSS 30 mg/L monthly, 45 weekly See Note (2) BOD 25 mg/L monthly, 40 weekly, (CBOD) See Note (2) Toxicity Limit for tenants discharging into Airport Industrial System Unit Suggested Method of Analysis Analytical Method Minimum Level / Reporting Level 20 mg/L EPA 1664 5 mg/L or better mg/L 4.5 mg/L EPA 425.1 0.05 mg/L or better mg/L 1.5 mg/L EPA 420.1 0.02 mg/L or better Industrial Plant Average Max.Eff. Conc.(MEC) - - - - mg/L 30 mg/L monthly, 45 weekly See Note (2) mg/L SM2540D 5 mg/L or better mg/L 30 mg/L monthly, 45 mg/L weekly, (BOD) See Note (2) mg/L SM5210B 5 mg/L or better EPA 821R02012 - Minimum of 90% Survival of test fish in 96-hour bioassay using 24-hour composite sample of undiluted wastewater. Composite sample aliquot shall be collected at hourly intervals and proportional to flow. Minimum of 90% Survival of test fish in 96-hour bioassay using 24-hour composite sample of undiluted wastewater. Composite sample aliquot shall be collected at hourly intervals and proportional to flow. NOTES: (1) For those Metals that do not have NPDES Limits, a value equal to Airport's Average Maximum Effluent Concentration (M.E.C.) over the last 4 years is used for the tenant discharge limit. This is to ensure that our Effluent Quality won't get any worse than the current situation. (2) Any sustained levels of BOD, CBOD, and TSS above 500 mg/L for Sanitary and 50 mg/L for Industrial which cause the Treatment Plant to exceed (3) These limits are based on current (10.01.2007) Regional Water Quality Control Board # 2 (RWQCB) Final Orders for: Sanitary NPDES its discharge requirements arethe prohibited. Permit No.CA0038318, and Industrial Wastewater NPDES Permit No.CA0028070, and their subsequent modifications. (4) All tenant limits are subject to further revision as necessary. 68-A1 RULE 9.0 AIRPORT PERMIT, LEASE, OR AGREEMENT REQUIREMENT 9.1 AIRPORT OPERATING PERMIT REQUIRED No person shall operate as a scheduled air carrier from the Airport unless in possession of a valid Airport Operating Permit or unless a signatory to an Airport/Airlines Lease and Use Agreement or Airport Landing Fee Agreement for San Francisco International Airport. 9.2 OPERATING A BUSINESS ON AIRPORT PROPERTY No person shall operate a business on Airport property unless in possession of a valid Airport Operating Agreement, permit, lease, or under other authority granted by the Airport Director or his/her designee. 69 RULE 10.0 TRIP REDUCTION RULE 10.1 VEHICLE TRIP REDUCTION OBJECTIVES (A) Program Goals and Performance Objectives (1) Attain continuous reduction in the Average Weekday Vehicle Trips per Employee Working at the Airport from 1994 baseline levels, by .005 trips each year. (2) In prior years, the measured Average Weekday Vehicle Trips per Employee Working at the Airport: 0.64 in 1994 [Baseline] 0.61in 2005 (3) The goals for future years to achieve a minimum Average Weekday Vehicle Trips per Employee Working at the Airport are: 0.56 in 2009 0.55 in 2011 0.54 in 2013 10.2 REQUIREMENTS OF ALL AIRPORT TENANTS AND CONTRACTORS UNDER INDIVIDUAL TENANT AGREEMENTS (A) Employee Notification All tenants shall notify their employees annually, in writing, of the Trip Reduction Rule, its goals and the tenant's implementation program. Tenants shall encourage employees to participate in rideshare matching services, rideshare alternatives, and events promoting rideshare alternatives. (B) Employee Surveys All tenants shall, on dates specified by the Airport Director, conduct a confidential survey of employee commute behavior and submit these surveys to the Airport's representative, as designated by the Airport Director, for processing and compilation of data for the purpose of determining progress toward meeting Trip Reduction goals. Airport tenants will be required biannually to survey their employees. The survey week will be a regular seven-day, Monday through Sunday, (inclusive) week, and will not contain a federal, State or local holiday, rideshare week or transit promotion event, or peak travel and vacation months (June through August, or December). The survey instrument will be developed and approved by the Airport Transportation Demand Management (TDM) Manager. A 95 percent or greater response rate is desired on the surveys. (C) Employee Task Force 70 All tenants shall permit interested employees to participate in an Employee Task Force on Transit and Rideshare Alternatives. Time commitment for the Employee Task Force is expected to be no more than three hours per month. The purpose of this Task Force is to create employee opportunities for increased use of transit and rideshare alternatives. (D) Commute Alternative Information All tenants shall regularly, in coordination with the Airport's TDM Manager, organize and make available to all employees rideshare alternative information. This will include information on ridesharing, transit, and other alternatives. In addition, tenants shall provide access to information on commute options, such as on intranet sites, bulletin boards and other informational displays. All employees shall have access to the information. If only computer-based information is provided, all employees must have ready access to a compatibly programmed computer (with internet access if necessary) during work hours. All information must be kept current and posted information should be in highly visible areas such as cafeterias, break rooms, and work areas. Employee rideshare information shall be included in new employee literature and information packages. Tenants shall encourage new employees to participate in rideshare matching services and rideshare alternatives. (E) Contractors Under Individual Tenant Agreements Airport tenants are responsible for ensuring compliance of their Contractors with the provisions of this Rule. These Contractors may elect, by written agreement with the tenant contractor, to work directly with the Airport in meeting the requirements of this Rule. 10.3 REQUIREMENTS FOR AIRPORT TENANTS AND CONTRACTORS UNDER INDIVIDUAL TENANT AGREEMENTS WITH 20 OR MORE EMPLOYEES (A) Meeting Goals Described in Section 10.1(A)(1-3) (1) (B) (C) Contractors under individual tenant agreement may elect, by written agreement with the tenant contractor, to work directly with the Airport in meeting the requirements of this Rule. Employee Transportation Coordinator (ETC) (1) Each tenant with 100 or more employees, and every work site of 100 or more employees shall appoint an Employee Transportation Coordinator (ETC), and notify the Airport TDM Manager of this appointment. Notification of the ETC appointment shall be made within sixty (60) days of establishment of tenancy at the Airport. (2) The ETC shall prepare, coordinate and implement a Tenant Trip Reduction Program. The ETC shall ensure consistency between the Tenant Trip Reduction Program and the Airport Commission's Trip Reduction Rule to achieve the goals stated in Section 10.1(A)(1-3). Each ETC shall attend regular meetings with other ETC's and the Airport TDM Manager to prepare a Trip Reduction Program for their employees and to coordinate various Trip Reduction strategies and resources. Tenant Program Manager. 71 The tenant will appoint a Program Manager with policy and budget authority who is responsible for the implementation of the Trip Reduction Program and for fulfilling the requirements of this Rule. The Program Manager and ETC can be one and the same. (D) Tenant Trip Reduction Program. Each tenant shall prepare and implement a Trip Reduction Program within six (6) months of the establishment of tenancy at the Airport. This document shall be submitted to the Airport TDM Manager and shall include all reasonable, feasible, and cost effective Trip Reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives given the constraints of the work site, the nature of the work activity, and the geographical distribution of employees relative to the work site. The Airport Director may disapprove any plan that does not meet the above-specified criteria and shall require a revised program. Program updates shall be due within sixty (60) days of notification from the Airport Director. The program shall contain the following information: (1) Name, title, address, phone, fax and email address of the ETC and Program Manager. (2) The number of tenant employees who work on Airport property. (3) Description of strategies and measures that will increase employee participation in rideshare alternatives and reduce commuting in single occupant vehicles. These strategies and measures shall be designed principally to provide transportation incentives, assistance, and information to employees. Trip Reduction Program strategies and measures may include, but are not limited to any or all of the following services, incentives, and measures: Ridesharing a) b) c) d) e) f) g) carpool/vanpool matching preferential parking for carpools and vanpools carpool/vanpool financial subsidies or rewards employer-provided vehicles for carpools and/or vanpools employer-sponsored vanpools rideshare marketing campaigns subsidy of vanpool liability insurance Transit h) i) j) k) work site transit pass sales (reserved for future use) transit route maps and schedules on-site shuttle to transit line (employer sponsored or subsidized) Trip Elimination l) m) n) compressed work schedule work-at-home programs telecommuting Parking Management 72 o) p) q) r) Parking Cash-Out Program per California Statue (AB2109 with regulations in California Health and Safety Code section 43845) (reserved for future use) transition from employer parking financial subsidy to general transportation monetary allowance for all employees, or the provision of a financial subsidy for non-utilization of parking free or reduced parking rates for carpools and vanpools Bicycle and Pedestrian s) t) u) v) w) bicycling financial subsidies or rewards financial subsidy to employees for the purchase of bicycles for commute trip use bicycle lockers or other secure, weather-protected bicycle parking facilities bicycle access to building interior bicycle and/or walking route information On-Site Facilities/Services x) y) z) aa) bb) employee shower facilities and clothes lockers site modifications that would encourage transit, carpool, vanpool use, walking and bicycle use on-site transportation fair to promote commute alternatives available pool cars for work related trips membership in carshare programs Other cc) dd) ee) ff) gg) hh) ii) jj) kk) ll) (E) establishment of employee committee(s) to help design, develop, and monitor the Trip Reduction Program financial subsidies or rewards for walking, and other nonmotorized transportation modes guaranteed ride home program shuttles between multiple work sites providing child/senior daycare at/near the work site enhanced Trip Reduction efforts on special event days (e.g., Spare the Air Day, Beat the Back-up, Rideshare Week) membership in a Transportation Management Association that provides services and incentives (reserved for future use) (reserved for future use) flexible work hours that do not begin or end during peak travel times Tenant Trip Reduction Program – Commuter Benefits Program. As part of the Tenant Trip Reduction Program, each Covered Employer shall implement a Commuter Benefits Program (CBP) within the time frame specified in Section 10.3(E)(2) below. The CBP shall include the following provisions: (1) Definitions. Whenever used in Section 10.3(E) only, the following terms shall have the meanings set forth below. 73 (a) "Alternative Commute Mode" shall mean public transit (bus, train, ferry, etc.), vanpool, carpool (including "casual carpool"), Airporter scheduled bus services, bicycling, and walking. (b) "Airport" shall mean the San Francisco International Airport. (c) "Covered Employee" shall mean any person who: (i) Performed an average of at least ten (10) hours of work per week for compensation within the geographic boundaries of the Airport for the same Employer within the previous calendar month; and (ii) Qualifies as an employee entitled to payment of a minimum wage from the Employer under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a Welfare-to-Work Program. (d) "Covered Employer" shall mean an Employer for which an average of twenty (20) or more persons per week perform work for compensation. In determining the number of persons performing work for an Employer during a given week, all persons performing work for compensation on a full-time, parttime or temporary basis, including those who perform work outside of the geographic boundaries of the Airport, shall be counted, including persons made available to work through the services of a temporary services or staffing agency or similar entity. (e) "Employer" shall mean a Tenant as defined in Section 10.9.26 or a Contractor Under Individual Tenant Agreement as defined in Section 10.9.10. "Employer" shall not include any governmental entity. (f) "Transit Pass" shall mean any pass, token, fare card, voucher, smartcard or similar item entitling a person to transportation on public transit within the meaning of 26 U.S.C. § 132(f)(5)(A), as the Federal law may be amended from time to time, including but not limited to, travel by ferry, bus, trolley, streetcar, cablecar, light rail or train by MUNI, BART, AMTRAK, CALTRAIN, SAMTRANS, AC TRANSIT, VTA or GOLDEN GATE TRANSIT. (g) "Vanpool" shall mean a 'commuter highway vehicle' within the meaning of 26 U.S.C. § 132(f)(5)(B), as the federal law may be amended from time to time, which currently means any highway vehicle: (i) the seating capacity of which is at least 6 adults (not including the driver), and (ii) at least 80% of the mileage use of which can reasonably be expected to be (a) for the purpose of transporting employees in connection with travel between their residences and their place of 74 employment; and (b) on trips during which the number of employees transported for such purposes is at least ½ of the seating capacity of such vehicle (not including the driver). (2) 10.4 Commuter Benefits Program. For Covered Employers with an operating permit or any other permit issued by the Airport authorizing operations or the provision of services at the Airport as of July 7, 2009, this rule will take effect on January 18, 2010. For Covered Employers issued such permit after July 7, 2009, this rule will take effect within six (6) months of the issuance of such permit. All Covered Employers shall provide at least one of the following commuter benefits programs to Covered Employees: (a) Pre-Tax Election: A program, consistent with 26 U.S.C. § 132(f), allowing employees to elect to exclude from taxable wages and compensation, employee commuting costs incurred for transit passes or vanpool charges (but not for parking), up to maximum level allowed by federal tax law, 26 U.S.C. 132 (f)(2), which as of January 1, 2009 is two hundred and thirty dollars per month ($230.00); (b) Employer Paid Benefit: A program whereby the Employer supplies a transit pass for the public transit system requested by each Covered Employee or reimbursement for equivalent vanpool charges at least equal in value to the purchase price of the appropriate benefit, which shall not exceed the cost of an adult San Francisco MUNI Fast Pass, which as of July 1, 2009 is $55; or (c) Employer Provided Transit: Transportation furnished by the Employer at no cost to the Covered Employee in a vanpool or bus, similar multi-passenger vehicle operated by or for the employer. AIRPORT TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM (A) Designation of Airport Transportation Demand Management (TDM) Manager. To implement the Trip Reduction Rule, the Airport Director shall appoint an Airport Transportation Demand Management (TDM) Manager and notify all Airport departments and tenants of this appointment. (B) Meetings and Assistance. The TDM Manager shall assist all Airport tenants in meeting goals of the Trip Reduction Rule. The TDM Manager will meet with tenants and ETC's to facilitate rideshare alternative assistance. The TDM Manager will meet with ETC's to assist in developing Tenant Trip Reduction Programs to meet the Airport's goals and to update ETC's on new information and opportunities. (C) Implementation. The TDM Manager along with all ETC's will work collectively to implement policies and programs to improve mobility to/from the Airport and within the region, develop 75 marketing strategies, create a resource pool of shared services, and provide input on the Airport's monitoring and evaluation methods. (D) Airport Trip Reduction Program. The TDM Manager will serve as the ETC for Airport Commission employees, and will develop a Trip Reduction Program in accordance with this Rule. 10.5 INCENTIVES The Airport Director may develop incentives for achieving and/or exceeding Trip Reduction performance goals. 10.6 C ONFIDENTIALITY Individual employee transportation survey responses, records and results shall be treated in a confidential manner and information on individual employees shall not be released to the public. Both work site and aggregate performance objectives for a tenant shall be in the public domain. 10.7 ENFORCEMENT The Airport Director may recommend to the Airport Commission the imposition of a fine for each month or day of non-compliance with this Rule. Non-compliance that is willful, negligent or involves fraudulent actions shall be subject to severe penalties and possible permit or contract revocation. Non-compliance shall include, but is not limited to, the following: 10.8 (A) Failure to notify employees of the provisions of this Rule. Fine: $100 per day of non-compliance. (B) Failure to conduct or submit employee transportation surveys on a timely basis. Fine: $200 per day for non-compliance. (C) Failure to appoint or train an ETC or appoint a Program Manager. Fine: $200 per day for non-compliance. (D) Failure to develop or submit a Trip Reduction Program, a revised Trip Reduction Program, or a Program update as required in Section 10.3 (D). Fine: $200 per day for non-compliance. (E) Failure to implement an Airport-approved Trip Reduction Program. Fine: $200 per day for non-compliance. (F) Failure to meet Trip Reduction goals will not automatically result in imposition of penalties if the tenant has made a good faith effort to comply with this Rule and has implemented the more stringent Trip Reduction measures that may be warranted. A PPEAL (A) A tenant may appeal a program disapproval made pursuant to Section 10.3(D) by the Airport Director by submitting a written Notice of Appeal to the Airport Director within thirty (30) days of program disapproval. 76 10.9 (B) A tenant may appeal the Airport Director's final program disapproval to the Airport Commission by submitting a written Request for Appeal to the Airport Commission Secretary within ten (10) days of the Director's final disapproval. (C) The due date for revised Trip Reduction Program pursuant to Section 10.3(D) will be suspended during the appeal process. DEFINITIONS SPECIFIC TO RULE 10.0: 10.9.1 Airport Employees: All employees of the Airport Commission and its tenants (see Employee definition). 10.9.2 Airport Tenant: See Tenant. 10.9.3 Alternative Work Hours: Any work schedule for employees which starts and ends outside of peak commute hours and can include a compressed work schedule, flexible work hours, staggered work hours, or another schedule. 10.9.4 Average Vehicle Trips: The number of vehicle trips reported by the biannual Employee Commute Survey respondents adjusted for Average Vehicle Ridership (AVR) and the survey response rate. 10.9.5 Average Weekday Vehicle Ridership (AWVR): AWVR is the number of employees who work at a work site divided by the number of vehicles those employees use to arrive at the work site, averaged over the Monday through Friday survey week. 10.9.6 Average Weekday Vehicle Trips per Employees Working at the Airport: The number of Average Vehicle Trips involved in commuting to work at the Airport on a weekday (Monday – Friday) at the Airport divided by the total number of Airport employees. 10.9.7 Carpool: A vehicle occupied by two to six people, including the driver, traveling together between their residence and their work site(s) or destination for the majority of their total trip distance. Employees who work for different employers as well as non-employed people are included within this definition as long as they are in the vehicle for the majority of the total trip distance. 10.9.8 Commute Trip: The trip made by an employee from home to the work site. The commute trip may include stops between home and the work site. 10.9.9 Compressed Work Schedule: A regular full-time work schedule which eliminates at least one round-trip commute trip (both home-to-work and work-to home) at least once every two weeks. Examples include, but are not limited to working three twelve-hour days (3/36) or four ten-hour days (4/40) within a one week period; or eight nine-hour days and one eighthour day (9/80) within a two week period. 10.9.10 Contractor Under Individual Tenant Agreement: A firm that enters into a direct written contract or agreement with a tenant to perform certain services. The period of the contract agreement is at least ninety (90) continuous days or is open-ended. 10.9.11 Employee: Any person conducting work activity at the Airport for an employer 20 or more hours per week on a regular full-time, or part-time basis, including independent contractors and contractors under individual tenant agreement but excluding field construction workers, seasonal employees and volunteers. 77 10.9.12 Employee Transportation Coordinator (ETC): An employee or other individual appointed by an tenant to prepare, implement and monitor the employer's Trip Reduction Program on a full- or part-time basis. 10.9.13 Employer: For purposes of this Rule an employer is any tenant of the Airport. See Tenant. 10.9.14 Field Construction Worker: An employee who reports to work to a temporary field construction site. 10.9.15 Field Personnel: Employees who spend 20% or less of their work-time at the work site and who do not report to the work site during the peak period for pick-up and dispatch of an employer provided vehicle. 10.9.16 Flexible Work Hours: A scheduling policy which gives employees the option of varying their starting and stopping times each workday, allowing them greater flexibility to adjust work hours to meet individual time and commuting schedules. 10.9.17 Independent Contractor: An individual who enters into a direct written contract or agreement with a tenant to perform certain services at the work site. The period of the contract or agreement is at least ninety (90) continuous days or is open-ended. 10.9.18 Peak Period/Hours: The period between 6:00 a.m. through 10:00 a.m. Monday through Friday, excluding weekends and holidays. 10.9.19 Parking Management: Parking measures and procedures that favor carpools or vanpools and support Trip Reduction objectives. See Section 10.3(D)(3)(o-r). 10.9.20 Ridesharing: The act of two or more employees sharing a commute trip through a carpool, vanpool, buspool, or other transit arrangement. 10.9.21 Rideshare Alternative: Any option to commuting to a work site that eliminates a single occupant vehicle trip. Rideshare alternatives include, but are not limited to: carpools, vanpools, buses, transit, bicycles, alternative work hours, compressed work schedule, telecommuting, and walking. 10.9.22 Seasonal Employee: An employee who works for the employer/tenant for less than 90 continuous days (three months) within a calendar year. 10.9.23 Single Occupant Vehicle (SOV): A motor vehicle occupied by one employee. 10.9.24 Survey Week: A regular seven-day Monday through Sunday (inclusive) week. The survey week cannot contain a federal, State, or local holiday, regardless of whether the holiday is observed by the employer. A survey week must be during January through May, or September through November and cannot contain any special rideshare promotional event. 10.9.25 Telecommuting: A system of working at home or at an off-site, non-home telecommute facility for the full workday on a regular basis of at least one day per week. 10.9.26 Tenant: A leaseholder, permittee or other occupant of land or premises within the boundaries of the San Francisco International Airport, and his or her sublessee or duly authorized agent. 10.9.27 Trip Reduction Program: A group of measures developed and implemented by a tenant that are designed to provide rideshare alternative information, assistance, and incentives 78 to employees to reduce use of single occupant vehicles and attain the goals stated in Section 10.1(A). 10.9.28 Transit Pass: Any pass, token, fare card, voucher, smartcard or similar item entitling a person to transportation on public transit within the meaning of 26 U.S.C. § 132(f)(5)(A), as the Federal law may be amended from time to time, including but not limited to, travel by ferry, bus, trolley, streetcar, cablecar, light rail or train by MUNI, BART, AMTRAK, CALTRAIN, SAMTRANS, AC TRANSIT, VTA or GOLDEN GATE TRANSIT. 10.9.29 Vanpool: A vehicle occupied by seven to fifteen employees including the driver who commute together to work for the majority of their individual commute trip distance. 10.9.30 Volunteer: An individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided. 10.9.31 Work Site: For purposes of this Rule, any property operated, utilized, maintained, leased or subleased by an Airport tenant within Airport boundaries. 79 RULE 11.0 NOISE ABATEMENT REGULATION 11.1 PURPOSE The Airport Commission of the City and County of San Francisco ("Commission") promulgates this regulation to provide for a continual reduction of cumulative noise resulting from aircraft operations at San Francisco International Airport ("SFIA") in accordance with the Commission's authority as proprietor of SFIA, the Charter of the City and County of San Francisco, and the provisions of Title 21, Sub-chapter 6 of the California Administrative Code, while allowing SFIA to continue its historic function as the leading gateway to the Pacific, as a vital contributor to a strong and growing economy, and as a major source of employment for the Bay Area. Airport Commission Resolution #88-0016 provides for the administration of the Airport's Noise Abatement Program and has been amended as follows: Effective July 16, 1991 by Resolution No. 91-0099,and on July 7, 1992 by Resolution No. 92-0202 and on December 7, 1993 by Resolution No. 93­ 0248 and on January 17,1995 by Resolution No.95-0015 and on November 20, 2001 by Resolution No. 01-0354. 11.2 EFFECTIVE DATE This regulation shall become effective upon its adoption by resolution of the Commission, pursuant to the powers and duties vested in the Commission by Section 3.691 of the Charter of the City and County of San Francisco, and shall remain in effect until amended or repealed. 11.3 D EFINITIONS Whenever used in Rule 11, the following terms shall have the meanings set forth below. (A) "Aircraft" - all subsonic transport category large airplanes, subsonic turbojet powered airplanes and supersonic transport category airplanes, which were ever certificated or recertificated at a maximum gross takeoff weight in excess of 75,000 lbs., whether certificated or recertificated by the United States or by a foreign country. (B) "Operation" - an aircraft landing or takeoff. (C) "Operator" - an entity that exercises operational control over an aircraft. Operational control includes, among other matters, control over scheduling, routes, or choices of aircraft. (D) "Preferential Runway Use Program" - written procedures concerning the performance of operations at SFIA to minimize the noise impact of such operations, applicable when air safety, air traffic, and meteorological conditions permit. (E) "Preferred Departure Procedure" - an aircraft operating procedure, approved by either the Federal Aviation Administration (FAA) or the International Council Aeronautical Organization (ICAO), to be used to reduce noise impacts during the initial phase of flight. 80 11.4 (F) "Stage 2 Aircraft" - an aircraft that is certificated by the FAA as complying with the noise levels prescribed in 14 C.F.R. Part 36, Appendix C, Section 36.5(a)(2), or is certificated in accordance with Chapter 2 of Annex 16 to Article 37 of the International Civil Aviation Organization Convention. (G) "Stage 3 Aircraft" - an aircraft that is certificated by the FAA as complying with the noise levels prescribed in 14 C.F.R. Part 36, Appendix C, Section 36.5(a)(3), or is certificated in accordance with Chapter 3 of Annex 16 to Article 37 of the International Civil Aviation Organization Convention. R EGULATION (A) Stage 3 Requirement for Aircraft Upon the effective date of this regulation, an aircraft will be permitted to commence or continue operation at SFIA only if it is a Stage 3 aircraft. (B) Auxiliary Power Unit (APU) Operators are encouraged to use ground power and air sources whenever practicable. APU's may be used when aircraft are being towed. (C) (1) At domestic terminals, the use of APU's is prohibited between the hours of 2200 - 0600 except 30 minutes prior to departure, when passengers are aboard, or it is needed to test other aircraft equipment. (2) At the International Terminal, the following procedures apply: (a) Aircraft scheduled to be at a gate in Boarding Areas A and G for more than 45 minutes between the hours of 0700 – 2200, are required to use 400Hz ground power and pre-conditioned air, where available. APU's are not authorized without prior permission from Airport Operations, during the use of ground power and pre-conditioned air until 30 minutes prior to push-back. (b) All aircraft scheduled to be at a gate between 2200 – 0700 hours are required to use 400Hz ground power and pre-conditioned air, where available, regardless of the duration at the gate. APU's are not authorized without prior permission from Airport Operations, during the use of ground power and pre-conditioned air until 30 minutes prior to push-back. Aircraft Engine Run-ups Run-ups of mounted aircraft engines for maintenance or test purposes are prohibited between the hours of 2200 – 0700 daily except as provided below: (1) An idle check of a single engine is allowed under the following conditions: (a) An idle check of a single engine not to exceed a 5-minute duration may be conducted in the lease hold area. If more than one engine is to be checked, each engine must be checked separately and the cumulative duration of the idle checks cannot exceed 5-minutes. 81 (b) (2) Idle checks of a single engine or multiple engines (checked separately) which will exceed a duration of 5-minutes will be accomplished in the designated run-up areas. For purposes of noise abatement monitoring, this will be considered a power run-up. During the hours of 2200 – 0700, the Operations Supervisor shall be called and permission received prior to any engine idle check or engine idle run-up, including any idle run for more than a cumulative duration of 5-minutes. During other hours, the Operations Supervisor shall be called and permission received prior to any engine run-up. Any request for an engine run-up during the hours 2200 – 0700, other than that described above, which is the result of unusual or emergency circumstances, may be approved by the Nighttime Noise Clearance Center. When approved and accomplished, the Maintenance Supervisor of the airline concerned must provide to the Airport Director a monthly report detailing the following: (a) (b) (c) (d) (e) (f) Date and time of the run-up Type of aircraft Aircraft identification number Location of the run-up Duration of the run-up An explanation of the unusual or emergency circumstances making the run-up necessary Reports will be submitted to the Airport Director, Attn: Airport Operations within three working days after the last day of each calendar month. (D) Noise Abatement Procedures To reduce the impacts of aircraft noise in surrounding communities, particularly between the hours of 2300 and 0700, the Airport encourages the use of the following procedures. (E) (1) Depart on Runway 10. (2) When departing on Runway 28L/R, use the Shoreline Departure procedure whenever possible. (3) When departing straight cut on Runway 28L/R use the appropriate ICAO A or AC 91-53A noise abatement climb procedure for communities close to the airport. (4) Use the Quiet Bridge Approach to Runway 28L/R. Sanctions Violations of any provision of this regulation shall be punishable in the following manner: 82 (F) (G) (1) 1st violation in a twelvemonth period Letter of admonishment from the Airport Director (2) 2nd violation in a twelvemonth period A fine in the amount of $1,000. (3) 3rd violation in a twelvemonth period A fine in the amount of $2,000. (4) Additional violations in a twelve-month period A fine in the amount of $3,000. Variances (1) Upon the effective date of this regulation, requests by operators for a variance from any provision of this regulation must be made in writing to the Airport Director at least 60 days prior to the date the requested variance. Every request for a variance shall be reviewed by the Airport Director or his designated representative. Among other factors, the noise impact on the surrounding community and the fairness to other operators, which are in compliance with this regulation, shall be considered in determining whether a variance should be granted. (2) The Airport Director shall notify the operator in writing whether a variance is granted and include any instructions or restrictions pertaining to the waiver. Nighttime Noise Clearance Center The Airport Director shall establish a Nighttime Noise Clearance Center operated during nighttime hours by a duty officer whose responsibilities will include monitoring compliance with the Airport's preferential runway use program and responding to requests for exemptions. 11.5 CONSTRUCTION OF THE REGULATION References in this regulation to Federal Aviation Regulations, 14 C.F.R. Part 36, are not intended to incorporate into this regulation the construction, regulatory purpose or specific application given by the Federal Aviation Administration or any court to those provisions. This regulation is designed to accomplish distinct regulatory goals dictated by the peculiar local conditions existing at SFIA. The Commission shall be the final authority on the interpretation, regulatory purpose, and application of all aspects of this regulation to all aircraft seeking permission to commence operation or to continue operation at SFIA. 11.6 SEVERABILITY If any portion of this regulation or if any application of this regulation is held unconstitutional or otherwise unlawful, the remainder of this regulation and the remaining applications of this regulation shall not be affected thereby. 11.7 R EPEAL 83 Commission Resolution 78-0131 and all Airport Operations Bulletins (AOB) issued thereunder are repealed as of the effective date of this regulation. In addition, the following AOB's are also repealed: 84-07 AOB Noise Abatement Regulation 85-06 AOB Aircraft Engine Run-ups 85-07 AOB Noise Abatement Regulation 88-01 AOB Maintenance Exemption from SFO Noise Regulation 88-02 AOB Variance Procedures 88-03 AOB Preferential Runway Use 88-04 AOB Implementation of Noise Regulation 88-07 AOB Reporting Requirements of Noise Regulation 90-06 AOB Auxiliary Power Units 91-02 AOB New Scheduled Operations between 2300 and 0700 hours 92-02 AOB Late Night Stage 2 Operations 93-01 AOB Operation of Stage 2 Aircraft between 2300 and 0700 93-03 AOB Percentage Stage 3 Requirement 98-05 AOB Percentage Stage 3 Requirement 98-06 AOB International Operators Percentage Stage 3 Requirement 99-03 AOB Operation of Stage 2 Aircraft between 1900 and 0700 hours 01-02 AOB Gate Restrictions for Auxiliary Power Units (APU) 84 RULE 12.0 LABOR PEACE/CARD CHECK RULE AND MODEL CARD CHECK AGREEMENT RESOLUTION NO. 00-0049 12.1 PURPOSE The Airport Commission, consistent with the findings stated in attached Resolution No. 00-0049 that it is essential for the protection of the Airport Commission's proprietary and financial interests, adopt this Rule that Employers/Contractors and Labor Organizations agree to enter into and abide by Labor Peace/Card Check Agreements through recognition in the circumstances specified below. 12.2 D EFINITIONS Whenever used in Rule 12, the following terms shall have the meanings set forth below. (A) (B) " Labor Peace/Card Check Agreement" shall mean a written agreement within the meaning of the Labor Management Relations Act, 29 U.S.C. § 185(a) (or a written agreement that would qualify as such an agreement but for the fact that the Employer does not meet that statute's definition of an Employer), between an Employer and a Labor Organization providing a procedure for determining employee preference on the subject of whether to be represented by a Labor Organization for collective bargaining, and if so, by which Labor Organization to be represented, which provides, at a minimum, the following: (1) Determining employee preference regarding Labor Organization representation shall be by a card check procedure conducted by a neutral third party in lieu of a formal election; (2) All disputes over interpretation or application of the parties' Labor Peace/Card Check Agreement, and over issues regarding how to carry out the card check process or specific card check procedures shall be submitted to expedited binding arbitration. For purposes of this Labor Peace/Card Check Agreement, absent other agreement between the parties, the proceedings shall be conducted in accordance with the American Arbitration Association Labor Arbitration Rules including its Expedited Labor Arbitration procedures; (3) Forbearance by any Labor Organization from economic action including strikes, picketing, boycotts or other such interference with the business of the Employer/Contractor at the work site of an organizing drive covered by this Rule in relation to an organizing campaign only (not as to the terms of a collective bargaining agreement), so long as the Employer/Contractor complies with the terms of the Labor Peace/Card Check Agreement. "Covered Contract" means a lease, sublease, or permit of Airport property at the Airport or any property owned by the Airport. Covered Contract also means a contract, subcontract, license, sublicense, operating permit, or similar agreement pursuant to which a Contractor is to provide services to the Airport or to a Contractor or Subcontractor which services are integral to the operations of the Airport or to sell goods or services in public areas of the Airport, including but not 85 limited to, janitorial and maintenance, security, baggage and passenger screening, wheelchair assistance, baggage handling, parking lot services, shuttle vans, rental cars, ticketing agents, gate attendants, aircraft maintenance workers, ramp service workers, electricians, plumbers, airline sales personnel, baggage claim services, cart driving services, refueling personnel and clerical services. 12.3 (C) "Contractor" means any person or business entity that enters into a Covered Contract, as defined herein with the Airport Commission. (D) "Airport" means the San Francisco International Airport. (E) "Commission" means the Airport Commission established by the Charter of the City and County of San Francisco. (F) "Airport Director" means the director of the San Francisco International Airport. (G) "Subcontractor" means any person or business entity, not an employee, that enters into a subcontract, sublicense or sublease or similar agreement with a Contractor to perform duties at the Airport related in any way to a Covered Contract. Reference herein to Contractor means Subcontractor. (H) "Employer" means any person or business entity who is a Contractor or Subcontractor who enters into a Covered Contract. (I) "Labor Organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with Employers/ Contractors concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. LABOR PEACE/CARD CHECK DUTIES (A) Employer/Contractor Duties (1) An Employer/Contractor shall enter into a Labor Peace/Card Check Agreement, as defined in this Rule, with any Labor Organization which requests such an agreement and which has registered with the Airport Director or his/her designee. The Employer/Contractor shall enter into the Labor Peace/Card Check Agreement not later than thirty (30) days from the request. If an Employer/Contractor enters into such an agreement with a Labor Organization, it must offer that same agreement to any other Labor Organization seeking to represent the Employer/ Contractor's employees. Any Labor Organization that was not a party to the initial Labor Peace/Card Check Agreement may, at its discretion, reject the terms negotiated by the first Labor Organization, and negotiate for a different Labor Peace/Card Check Agreement. In the event that a Labor Organization and the Employer/Contractor are unable to negotiate an agreement within the 30-day period, the parties shall then be bound by the Model Labor Peace/Card Check Agreement referred to in Part III of this Rule. (2) Not less than 30 days prior to the modification or extension of any Covered Contract, the Employer/Contractor shall provide notice, by mail to any Labor Organization or federation of labor organizations which have registered with the Director or his/her designee, that the Employer/ Contractor is seeking to modify or extend such Covered Contract. 86 (B) (3) Upon issuing any request for proposals, invitations to bid, or similar notice, or in any event, not less than 30 days prior to entering into any Subcontract, an Employer/Contractor shall provide notice, by mail, to any Labor Organization or federation of labor organizations which has registered with the Airport Director or his/her designee, that the Employer/ Contractor is seeking to enter into such Subcontract. (4) The Employer/Contractor shall include in any subcontract with a Subcontractor performing services pursuant to any Covered Contract, a provision requiring the Subcontractor to comply with the requirements of this Rule. (5) Notwithstanding the requirements provided in (1) - (5), any Employer/ Contractor who has in good faith fully complied with those requirements will be excused from further compliance as to a Labor Organization which has been found by an arbitrator to have violated the forbearance provisions in the Labor Peace/Card Check Agreement, until and unless such finding has been vacated by any reviewing court. Airport Director Duties The Airport Director shall: (C) (1) Include in any Covered Contract a provision requiring any Employer/ Contractor to abide by the requirements imposed under Section 12.3(A) above as a condition of entering into, modifying or intending any Covered Contract. (2) Include the description or reference to this Rule in requests for proposals or invitations to bid or similar documents regarding Covered Contracts. All will include a summary description of and reference to the requirements of this Rule. Failure to include the description of reference to this Rule in any such document shall not exempt any Employer/ Contractor otherwise subject to the requirements of this Rule. (3) Upon publication of any request for proposal, invitation to bid, or similar document distributed in anticipation of entering into a Covered Contract, provide notice by mail to any Labor Organization or federation of labor organizations, which has registered with the Director that the Director is seeking to enter into such Covered Contract. (4) Not enter into or recommend to the Commission any Covered Contract with an Employer/Contractor without an express finding that the Employer/ Contractor has agreed to comply with the provisions of this Rule. (5) Grant exemptions from this Rule as set forth in Section 12.3(D). Labor Organization's Duties (1) Any Labor Organization seeking to invoke the provisions of this Rule, and to receive notifications as provided in this Rule, must register with the Airport Director or his/her designee, on a form designed by the Airport Director for that purpose, or by sending a letter signed by an agent of the Labor Organization, indicating which types of Covered Contracts the Labor Organization would like notification of, and certifying 87 that the Labor Organization will comply with the terms of this Rule relative to such designated Covered Contract. (D) (2) A federation of labor organizations wishing to receive notification as provided in this Rule shall register with the Airport Director or his/her designee, on a form designed by the Airport Director for that purpose, or by sending a letter to the Airport Director signed by an agent of the federation. (3) Any Labor Organization seeking to invoke the provisions of this Rule shall agree not to undertake economic action including strikes, picketing, boycotts or other such interference with the business of the Employer/ Contractor at the work site of an organizing drive covered by this Rule, and in relation to an organizing campaign only (not to the terms of a collective bargaining agreement), so long as the Employer/Contractor complies with the terms of the Labor Peace/Card Check Agreement. Exemptions The provisions of the Labor Peace/Card Check Rule shall not apply to any of the following: (1) A bargaining unit of any Employer/Contractor, which has already recognized a Labor Organization for that bargaining unit; (2) New construction or any work covered by an Airport Project Stabilization Agreement; (3) An Employer/Contractor who is obligated to enter into a card check agreement with a Labor Organization by San Francisco Administrative Code Chapter 23, Article VII, "Labor Representation Procedures in Hotel and Restaurant Development," and/or Airport Commission Policy No. 99­ 0198, as such procedures may be modified from time to time; (4) A Labor Organization that does not register with the Airport Director nor a Labor Organization which does not request a card check procedure; (5) An Employer/Contractor's operations at the Airport which are subject to the Railway Labor Act either by a final decision by a court or agency of competent jurisdiction, or by mutual agreement between the Employer/ Contractor and a Labor Organization which is the exclusive bargaining representative of its employees. In such cases, the Labor Peace/Card Check Agreement shall be voluntary; (6) A Covered Contract to provide or sell goods, services, materials or equipment where the Employer/Contractor does not operate on a regular basis with a defined complement of employees at the Airport; (7) An agreement between the Airport and a public agency; or (8) A Covered Contract where the Airport Director determines that the risk to the Airport's financial or other nonregulatory interest resulting from labor/ management conflict is so minimal or speculative so as not to warrant concern for the Airport's proprietary, investment or other nonregulatory interest. 88 12.4 MODEL LABOR PEACE/CARD CHECK AGREEMENT To facilitate the requirements imposed by this Rule, the Commission hereby adopts a Model Labor Peace/Card Check Agreement appended to this Rule that includes the mandatory terms and which provides protection against labor/management conflict arising out of an organizing drive, and makes such Agreement available to parties required to enter into such agreement. The Airport Director may also prepare guidelines establishing standards and procedures related to this Rule. Notwithstanding this provision regarding the Model Labor Peace/Card Check Agreement, or related guidelines, this Rule shall be self-executing, and shall apply in the absence of or regardless of such model agreement or guidelines. 12.5 12.6 ENFORCEMENT (A) The Airport Director or his/her designee shall investigate complaints that this Rule has been violated or that a Labor Peace/Card Check Agreement provision included in a Covered Contract has been breached, and shall take any action necessary to enforce compliance, including but not limited to instituting a civil action. (B) The Airport Director may, in addition to any other remedies available to the Airport, terminate the Covered Contract upon 30-days notice to the Employer/Contractor to cure its breach where the Employer/Contractor has failed (1) to give notice to Labor Organizations as required by this Rule, (2) to enter into a Labor Peace/ Card Check Agreement as required by this Rule, (3) to include in an Subcontract the provision requiring compliance with this Rule, or (4) has failed to abide by the terms of an arbitration award enforcing a Labor Peace/Card Check Agreement. (C) Any challenge to the applicability of this Rule to a particular Employer/Contractor or Labor Organization shall be brought to the Commission only after first seeking an exemption from the Airport Director as provided for in this Rule. Any such challenge must be commenced with the Commission within 15 days after notification that such exemption has been denied by the Airport Director. EFFECTIVE DATE The provisions of this Rule shall apply to any Covered Contract awarded, modified, let, extended, or renegotiated after the effective date of this Rule. The provisions of this Rule shall also apply to Covered Contracts in effect at the time of this Rule's adoption to the extent such contract requires that the Employer/Contractor comply with the rules of this Commission. This Rule shall take effect immediately upon its adoption by the Commission. 12.7 SEVERABILITY If any part or provision of this Rule, or the application thereof to any person, business entity or circumstance, is held invalid by any court of competent jurisdiction, the remainder of this Rule, including the application of such part or provisions to other persons, business entities or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Rule are severable. 89 MODEL CARD CHECK AGREEMENT 1. To accommodate a decision of the employees of ________________________ (hereby referred to as Employer) as to whether or not they wish to be represented by a Labor Organization seeking to represent them, in order to avoid costly labor disputes, and/or economic action that might arise, and to avoid jeopardizing the economic viability of the Airport and/or the Airport Commission's proprietary and economic interests in the Airport, Employer shall, upon request by any Labor Organization: (i) provide such Labor Organization with a complete and accurate list of the names and complete addresses and phone numbers of the employees of Employer working in the jobs set forth in subsection (4) of this Section; (ii) immediately comply with such Labor Organization's request under clause (i) even if the Facility that the employees will work in has not yet actually opened for business. The Employer shall not withhold names pending the actual opening for business of any or all of the Facility; (iii) allow such Labor Organization to refer applicants for employment at the Facility consistent with any applicable Airport policies; (iv) at such time as the Facility begins seeking, accepting, or interviewing applicants for employment, provide to such Labor Organization's members and representatives timely and reasonable access to the Facility for the purpose of providing employees with information about the Labor Organization. 2. Employer shall allow employees of the Facility to have reasonable access during nonworking time to the facilities and information made available via Section 1 of this Agreement. 3. Labor Organization agrees not to undertake economic action including strikes, picketing, boycotts or other interference with the business of Employer at the work site of an organizing drive covered by this Agreement, and in relation to an organizing campaign only (not to the terms of a collective bargaining agreement). 4. Employer agrees to voluntarily recognize for the purpose of exclusive collective bargaining, one or more Labor Organizations demonstrating that it or they represent a majority of the employees in the bargaining unit determined as set forth in Section 5 of this Agreement, in a "Card Check". Said Card Check shall be conducted by a Commissioner of the Federal Mediation and Conciliation Service, or if that Service is unable to so, by a Commissioner of the California State Conciliation Service. 5. Employer agrees that the card check shall take place in the bargaining unit requested by a Labor Organization provided it is an appropriate bargaining unit as that phrase has meaning under the national labor laws. Disputes over whether the requested unit is an appropriate unit and/or whether certain employees properly are included in a requested unit shall be submitted to final and binding arbitration as provided for in Section 5. 90 6. In the event a dispute arises over the interpretation or application of the terms of this card check procedure, or if the parties cannot agree on specific procedures to be utilized in the card check or any other substantive or procedural issue(s) pertaining to the card check, including without limitation, the eligibility standard for employees working less than a full-time schedule, the contents of authorization cards, potential disputes over the validity and/or authentication of authorization cards, etc., they shall submit such "interests" or "rights" to an arbitrator for final and binding resolution. The arbitrator shall have broad powers to determine the procedures and other substantive terms of the card check process for the parties as well as to resolve any and all disputes over the interpretation and application of this Agreement. The arbitrator shall apply principles of federal labor laws developed by the National Labor Relations Board. Any such arbitration shall be concluded within 30 days of the demand for arbitration. 7. Employer shall abide by the results of the card check procedure, and hereby irrevocably waives the filing of a representation petition before the NLRB in lieu of the card check procedure. The Employer shall recognize any Labor Organization establishing that a majority of employees in the bargaining unit eligible to participate in the card check has designated the Labor Organization as the employees' exclusive collective bargaining agent for all purposes recognized by federal labor laws. 8. Employer further agrees that an interest demonstrated by employees of the Facility in joining a Labor Organization, membership in a Labor Organization and/or signing or circulating authorization cards or supporting a union organizing drive, (or not doing so) pursuant to this Agreement, shall not constitute grounds for discriminatory or disparate treatment or disciplinary action, and shall not adversely impact a potential employee's ability to be hired or promoted. The Employer and Labor Organization shall agree to submit to final and binding arbitration, as provided for in Section 5 above, grievances filed by employees or Labor Organizations seeking to organize employees concerning alleged violations of this section of the card check agreement and procedure. 9. Employer and Labor Organization further agree that this card check agreement and these mandated procedures shall be in effect and last for a term of not less than three (3) years from the date of execution, or from the date of opening, whichever is longer. 10. If the Employer has complied with the terms of this Agreement, and a Labor Organization, as part of a campaign to organize the employees of Employer, engages in economic action against Employer at sites covered by this Agreement, Employer shall be excused from further compliance with the card check procedures required in this Agreement with respect to the organizing campaign of that Labor Organization. "Economic action" means any concerted action initiated or conducted by a Labor Organization and/or employees acting in concert therewith to bring economic pressure to bear against Employer as part of a campaign to organize employees or prospective employees of Employer including such activities as striking, picketing, boycotting at the Airport. 11. This Agreement applies only to the procedures for determining employee preference regarding whether to be represented by a Labor Organization for 91 purposes of collective bargaining and/or by which Labor Organization to be represented. This Agreement does not apply to the procedures governing the process of collective bargaining itself, once a Labor Organization has been recognized as the bargaining representative for employees of Employers subject to this Agreement. 92 RULE 13.0 FREE SPEECH AND EXPRESSIVE ACTIVITIES 13.1 Findings The Airport is designed, operated and maintained as a facility for air transportation. The Airport was not designed and is not intended for use as a public forum for free speech activities. If left unregulated, free speech and expressive activities—such as proselytizing and cause advocacy, as well as leafleting and picketing—could negatively impact the Airport and the traveling public in a number of ways, including exacerbating congestion and delay, causing confusion and duress for the public and compromising public safety and security. a. Congestion and Delay The Airport served approximately 38 million passengers in fiscal year 2010, and is projected to serve as many as 43 million by fiscal year 2016. Air travelers are often on a tight schedule. They may be required to wait in lines at ticket counters, security check-points and other facilities. Departing travelers need to move quickly from BART, buses and cars, through ticket counters and check-in areas, to security checkpoints and departures gates beyond. Passengers with connecting flights need to move quickly from one gate area to another, sometimes changing terminals and exiting and reentering secured areas. Arriving passengers need to retrieve bags and connect with surface transportation, such as vans, taxis, limousines, buses, BART or cars. The Airport has designed its terminal buildings, corridors, roads and parking areas to reduce congestion and facilitate the rapid and efficient movement of large numbers of people. Elevators, escalators, connecting corridors and moving walkways help travelers move quickly through the Airport. Facilities have been designed to assist navigation and movement while avoiding visual clutter and blight that can contribute to stress. The Airport closely monitors and regularly modifies its hallways, throughways and passenger security checkpoints to accommodate new amenities and facilities, evolving TSA technology and screening procedures, and changes in passenger flows. In the absence of appropriate regulation, free speech activities—and particularly solicitation and the immediate receipt of funds—have the potential to disrupt passenger flows, increase congestion, and contribute to missed flights and travel delays. b. Confusion and Duress Relating to Solicitation of Funds The Airport's customers may be susceptible to undue pressure, misrepresentation, duress or even fraud from persons engaged in solicitation for immediate receipt of funds. Airport travelers are often unfamiliar with their immediate surroundings, and may be fatigued and under time pressure. Some have mobility challenges. Others are young or elderly. Some speak little or no English. The Airport has received over 125 complaints related to free speech activities and to the solicitation of funds, even though air travelers often forego making formal complaints due to time restrictions. Airport customers have complained that solicitors delayed them; behaved in a rude, offensive, harassing, intimidating or confrontational way; asked to review passports and traveling documents; misrepresented themselves as Airport or security personnel in order to get money; and defrauded, duped, conned, and cheated them: "[Solicitor] ...started shouting at [traveler] and following him shouting through the terminal." "The people asking for donations should not be [ ] harassing customers who are in a rush to get on a plane." 93 "They also intimidate people as well as harass non-English speakers." "I thought they were security until they flagged me down and detained me with misleading information." "Don't appreciate being scammed..." "There are people ... misrepresenting themselves as airport employees asking for donations from passengers...I felt I was taken advantage of." "Solicitor – he is very rude and says he is the information person then hits you up for a donation." "[Solicitor] called out to me and asked to see my boarding pass. He tore off top page...then asked to see my driver's license...[solicitor] asked me if I would be willing to make a donation. At that point I realized he was a fraud and not a security agent at all." c. Safety and Security The Airport is a potential target for terrorist attack. The Airport is both a large domestic hub and a major international airport, with over 40 international flights per day operated by 25 foreign airlines carrying an excess of 8 million annual international passengers. The Airport is also one of the iconic symbols of the City and County of San Francisco, which the Department of Homeland security has identified as a high profile area at risk for terrorist attack. To deter attack, the Airport is mandated by the Transportation Security Administration (TSA) to implement the highest available security measures. For all domestic and international flights, the U.S. threat level is High, or Orange, and remains so on a continuous basis, even though the National Threat Alert Level has been downgraded to Elevated, or Yellow. In addition, the Airport must maintain the flexibility to adjust its operations on little or no notice to comply with federal security directives issued in response to perceived or actual threats against air travel. The entire Airport is a security-sensitive environment. Security measures are in place throughout, not only at and beyond the ticketed-passenger screening checkpoints. Federal and local law enforcement and Airport operations personnel monitor activities and maintain a security program in terminal areas outside the passenger check-point, in parking lots and on approach roads. Free speech activities, like all activities at the Airport, must be conducted consistent with a strong and effective security program. d. Conclusion For all of these reasons, the Airport Commission finds that unrestricted use of the Airport for free speech and expressive activities threaten to compromise the Airport's primary air travel mission and impair the health, comfort and safety of air travelers and employees. The Airport Commission adopts the following reasonable restrictions in order to facilitate free speech activities consistent with the Airport's primary air transportation function; to maintain the health, security and safety of visitors and employees; to avoid confusion and undue duress; and to prevent congestion and facilitate the rapid and efficient movement of large numbers of people through the Airport. 13.2 Content Neutral The regulation of free speech and expressive activities shall be content neutral. This Rule 13 shall apply and be enforced without regard to the identity of the individuals or organizations seeking to engage in regulated activities or the content of the message sought to be communicated. 94 13.3 General Requirements a. Free speech and expressive activities, including but not limited to proselytizing, cause advocacy, leafleting and picketing, are not permitted except in compliance with the permitting procedures described in Section 13.6. b. All free speech and expressive activities shall be conducted: 1. According to Rule 13 and all other Rules and Regulations; 2. In a peaceful and orderly manner, without physical harm, threat or harassment to others, and without obscenities, violence, breach of the peace, damage to property or other unlawful conduct; and 3. Without obstructing the use of the Airport for its intended purpose as an air transportation facility; without interference with the rapid, orderly and efficient movement of persons throughout the Airport; without misrepresentation or duress; and without compromising the safety and security of persons and property. 13.4 Appropriate Areas a. The Director has determined that only certain areas of the Airport provide a reasonable opportunity for free speech and expressive activities while not impeding the use of the Airport for its intended purpose of providing a safe and orderly facility for air transportation, including the efficient flow of pedestrian traffic and the maintenance of safety and security. The Airport Director shall designate those areas where expressive activities may occur. b. The Director may move, remove, or reduce the size of any previously-designated area as needed to respond to construction-in-progress, changes in pedestrian flow, evolving security requirements, or other appropriate circumstances. c. The following areas do not provide a reasonable opportunity for free speech or expressive activities, and those activities are expressly prohibited: 1. Air Operations Areas, Secured Areas and Sterile Areas; 2. Roadways and thoroughfares for vehicles; 3. Areas leased or assigned by agreement for use by airlines, airline service providers, restaurants, retail stores, other lessees or permitees, or areas within 10 feet of any such area; 4. Airport Commission offices, work areas and facilities not open to the public; 5. On or within 10 feet of any escalators, elevators, moving walkways, or interior baggage conveyance equipment; 6. Inside of or blocking any doorway; 7. Within 10 feet of any interior queue, including at ticketing and baggage check-in areas, security check-points, food and retail establishments, etc.; and 8. On or within 50 feet of any construction site or construction equipment, except as may be required according to rights established under federal or state labor laws. 95 13.5 Soliciting for the Immediate Receipt of Funds Prohibited a. The Airport has determined that solicitation for the immediate receipt of funds has been a particular source of disruption for Airport users and obstruction of the Airport's mission. Solicitation for immediate receipt of funds requires the recipient of the message to either stop in order to receive and consider the speaker's message or change course to avoid the message, both of which may obstruct passenger flows and cause delays. Listeners may need to set down bags and search for money or writing materials, blocking throughways and further contributing to delays. The Airport has received numerous complaints from Airport patrons stating that solicitors have misrepresented themselves— sometimes even behaving as if they are Airport representatives or security personnel—or have solicited in an aggressive or coercive manner. Over a period of years, the Airport has adopted reasonable regulations with the intent of mitigating these negative impacts. Despite the adoption and enforcement of appropriate regulations, problems have persisted and Airport patrons have continued to complain. Accordingly, to protect Airport patrons and preserve the Airport's primary function as an air transportation facility while maintaining alternative channels of communication, the Airport issues the following restriction on solicitation for the immediate receipt of funds. b. No person shall solicit and receive funds inside the Airport terminals, in Airport parking areas, or on sidewalks or walkways adjacent to Airport buildings. 1. "Funds" shall mean money, property or anything else of value. 2. "Solicit and receive funds" shall mean any oral or written request for funds, where funds are immediately received. c. Nothing in this section is intended to prohibit distribution of literature, proselytizing, cause advocacy or solicitation for funds that will be received in the future, under an appropriate permit as provided in Section 13.6. 13.6 Permit Required a. No person shall engage in the conduct described in Section 13.4 on Airport grounds without giving at least 72 hours written notice to and obtaining a permit from the Airport Director. Notice is required in order to ensure that adequate measures may be taken to protect the public health, security, safety and order, to assure efficient and orderly use of Airport facilities for their primary purpose and to assure equal opportunity for expression. b. The Director may reduce or waive the 72 hour notice requirement if the permit applicant can show that the event or events giving rise to the permit application did not reasonably allow the applicant time to make an application within the time prescribed and that enforcement of the time requirement would place an unreasonable restriction on expressive activity. c. Written notice/permit applications shall be in writing and include the following information: 1. The full name, mailing address, and telephone number of the organization, group, person or persons on whose behalf the proposed activities will be conducted; 2. A general description of the proposed activities and the size and volume of any items to be handed out, displayed, or used in the proposed activities; 96 d. 3. The number of people to be present at any one time; 4. The preferred date, hour and duration of the proposed activities; 5. Additional information, such as, for example, a particular audience that the applicant(s) wish to reach; 6. If proposed activities include solicitation for future receipt of funds, documentation supporting tax-exempt status. The Director will review the written notice/permit application and issue a permit if the following criteria, in the judgment of the Director, are met: 1. The proposed activities can be authorized in a manner that does not impede the operation of the Airport as an air transportation facility, and does not threaten the safety or security of others; 2. The proposed activities do not interfere with the ability of others to hear Airport announcements or see Airport signage, or interfere unreasonably with the ability of airlines, concessionaires and other tenants and permitees to conduct their business in an orderly manner; and 3. The proposed activities do not hinder pedestrian flows, create congestion or block efficient movement of persons within and around Airport terminals and other facilities. e. The Director shall apply the standards set forth in 13.6.d and, where the standards are satisfied, shall issue a permit within 72 hours of receiving the written notice/permit application. f. The Director will designate a location, date and time for the proposed activities based on the following considerations: 1. Safety and security procedures identified by federal and local security officials and Airport staff; 2. Pedestrian flows, potential congestion, and areas needed to be kept clear for efficient movement of persons throughout the Airport; 3. Reasonable access to the desired audience; and 4. Availability of the requested space, date and time. g. Where two or more persons or groups request the same location at the same date and time, the Director shall issue permits on a first-come first-served basis. h. Permits shall be valid only for the date or dates specified on the permit. Applicants may request multiple days; however, all permits will expire at the end of each calendar month. Applicants may submit a new application for subsequent months. i. The Director reserves the right to issue identification badges to individuals who may be present repeatedly over a number of days. If the Director issues such a badge, the individual shall wear the badge above the waist on the outer garment of clothing at all times while present on Airport property. Badges must be clearly visible and must be shown to an Airport official or member of the public promptly 97 upon request. Badges remain Airport property and must be relinquished immediately on request of the Director. ii. The use of a musical instrument or noisemaking device, the playing recorded music or messages, or use of amplification equipment for free speech activities or expressive activities will be considered on an individual basis with consideration of the impact on the ability of the public to hear Airport announcements or the ability of Skycaps to conduct normal baggage check-in activities. Musical instruments, noise making devices and amplification equipment will not be permitted inside a terminal building i. If the Director rejects a permit application, the Director shall provide a written summary specifying which standard the application fails to satisfy. The summary shall be provided at the time the applicant is informed of the denial. 13.7 Prohibited Conduct The following activities are prohibited, with or without a permit. Engaging in any of the following activities is grounds for suspension or revocation of a permit: a. Engaging in free speech or expressive activities, including leafleting, proselytizing, picketing, or cause advocacy, in any area prohibited in Section 13.4.c, or in any area or at a date or time other than the location, date and time specified in a valid permit. b. Failing to wear an Airport-issued identification badge, above the waist on the outer garment of clothing, at all times, if one has been issued by the Director. c. Refusing to show an Airport-issued identification badge, if one has been issued by the Director, to any Airport official or member of the public who asks to see it. d. Blocking the path of, obstructing or interfering with the movement of any person. e. Touching another person or their property. f. Misrepresenting oneself, including but not limited to representing oneself as a representative of the Airport, an airline, an Airport tenant or permitee, the State of California or the federal government. g. Making verbal threats. h. Requesting documents or personal information from others, including but not limited to requesting a patron's name, or requesting to see tickets, itineraries, boarding passes, driver's licenses or passports. j. Creating a potential security threat by leaving literature, equipment, bags or personal items unattended. k. Violating any security procedure. Refusing or failing to comply with a written or oral instruction issued by the TSA, SFPD or other federal, state or local agency with responsibility for Airport security. l. Refusing or failing to cooperate in an investigation of any complaint or allegation of violation of these rules. 13.8 Suspension and Revocation of Permits 98 a. The Director may suspend or terminate the permit of any person or organization who violates this Rule 13, Airport Rules and Regulations or state or federal law. b. The Director shall issue a written notice of termination or suspension, which shall include the reason or reasons for the suspension or termination and the duration of any suspension. The suspension or termination shall be effective immediately upon personal delivery of the Director's notice to the permitee or certified mailing of the notice to the address provided on the permit application. c. Upon termination for cause, the following persons and organizations shall be ineligible to apply for a permit for six months and any other permits held by such persons or organizations shall be deemed revoked: 13.9 1. The person, persons or organization on whose behalf the permitted activities occurred; and 2. Any person who violated this Rule 13 or these Rules and Regulations resulting in the termination of the permit. E mergencies In the event of an emergency affecting the safety or security of Airport patrons, Airport property, or the integrity of the air transportation security system, the Director may suspend a permit immediately and without prior notice. The Director will restore any such permit as soon as reasonably practicable, consistent with security requirements. 13.10 Effective Date This Rule shall become effective on April 22, 2011, and shall apply to free speech and expressive activities on and after that date. 99 RULE 14.0 FINES (A) GENERAL FINES SECTION VIOLATION DESCRIPTION OF VIOLATION (1) PARKING 4.2(A) 4.2(B) 4.2(C) 4.2(D) 4.2(E) 4.2(F) 4.5 4.6(A) 4.6(B) 4.6(C) 4.6(D) 4.6(E) 4.6(F) 4.6(G) 4.7(A)(9)(b) 4.7(B)(1)(b) 4.7(E)(3) 4.7(E)(24) No Parking – Restricted Parking Area Unauthorized Courtyard Parking Working Press Parking-2 Hours Failure to Comply with All Signs and Road Markings Unauthorized Parking in a Handicapped/Disabled Parking Space Unauthorized Parking in an Electric Plug-In Vehicle Charging Station Violating No Parking and No Stopping Signs Red Zone-Improper Use Yellow Zone-Improper Use White Zone-Improper Use Red and Yellow Zone-Improper Use Green and White Zone-Improper Use Red and White Zone-Improper Use Blue and White Zone-Improper Use Courtyard Parking-Time Limit Loading Zones-Limousines Driver Not With Vehicle Double Parking (2) GROUND TRANSPORTATION OPERATIONS 4.7(A)(2) 4.7(A)(3) 4.7(A)(4) 4.7(A)(8) 4.7(A)(9)(a) 4.7(A)(9)(c) 4.7(A)(9)(d) 4.7(A)(9)(f) Operating Without An Airport Permit Vehicles Without License Plate or Temporary Identification Plate Improper Vehicle Markings Not Possessing A Valid Waybill Courtesy Vehicles - Stopping in Unauthorized Areas Scheduled Transit Service-Green And White Zones-Improper Use Upper Level Only Operators - Stopping in Unauthorized Areas Pre-Arranged Lower Level Transit Operators - Stopping in Unauthorized Areas Unauthorized Courtyard Or Staging Area Parking Failure to Repair Minor Body Damage Failure Of Scheduled Or Shared Ride Van Service Operator To Provide Passenger Receipts Failure Of Scheduled Or Shared Ride Van Service Operator To Provide Complaint Cards Not Possessing A Proper Photo I.D. Tampering with Airport Decals and/or AVI Transponder Limousine Operating Without California License Plate Limousine Operators – Unloading or Loading in Unauthorized Areas Limousine Driver Not Possessing A Valid Waybill Limousine Driver Not Parking In Designated Garage Area Limousine Driver Not Displaying A Visible Identification Card Stretch Limousine Not Picking Up in Designated Zone Limousine Driver Not Paying Trip Fees 4.7(A)(11) 4.7(A)(12)(d) 4.7(A)(13) 4.7(A)(14) 4.7(A)(15) 4.7(A)(16) 4.7(B)(1)(a) 4.7(B)(1)(b) 4.7(B)(1)(e) 4.7(B)(1)(f) 4.7(B)(1)(g) 4.7(B)(1)(h) 4.7(B)(1)(j) 100 FINE $ 53.00 $ 53.00 $ 53.00 $ 53.00 $338.00 $103.00 $ 38.00 $ 58.00 $ 48.00 $ 43.00 $ 43.00 $ 43.00 $ 43.00 $ 43.00 $ 53.00 $103.00 $103.00 $ 58.00 $ 50.00 $150.00 $ 50.00 $100.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $100.00 $ 50.00 $ 50.00 $100.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 4.7(D)(3) 4.7(D)(4)(a) 4.7(D)(4)(b) 4.7(D)(4)(d) 4.7(D)(4)(g) 4.7(D)(4)(h) 4.7(D)(4)(i) 4.7(D)(4)(k) 4.7(D)(4)(l) 4.7(D)(4)(m) 4.7(D)(4)(n) 4.7(D)(4)(o) 4.7(D)(4)(p) 4.7(D)(4)(q) 4.7(D)(6)(a) 4.7(D)(6)(b) 4.7(D)(6)(c) 4.7(D)(6)(d) 4.7(D)(6)(e) 4.7(D)(6)(f) 4.7(D)(6)(g) 4.7(D)(6)(h) 4.7(D)(6)(i) 4.7(D)(6)(j) 4.7(D)(9) 4.7(D)(10) 4.7(E)(1) 4.7(E)(2) 4.7(E)(4) 4.7(E)(5) 4.7(E)(6) 4.7(E)(7) 4.7(E)(8) 4.7(E)(9) 4.7(E)(10) 4.7(E)(12) 4.7(E)(13) 4.7(E)(14) 4.7(E)(15) 4.7(E)(16) 4.7(E)(20) 4.7(E)(21) 4.7(E)(22) 4.7(E)(23) 4.7(E)(25) 4.7(E)(27) Taxicab Not Having a Valid Operating Decal or AVI Transponder $ 50.00 Not Possessing A Valid A-Card $100.00 Not Possessing A Valid Taxicab Badge $ 50.00 Taxi Not Possessing A Valid Waybill $100.00 Not Possessing A Detailed Street Map Of San Francisco and San Mateo Counties $ 50.00 Failure To Provide Taxi Complaint Cards $ 50.00 Failure Of A Taxicab Driver To Display A Valid Photo Identification In Vehicle $ 50.00 Failure to Post Schedule of Rates $ 50.00 Not Possessing Passenger Receipts $ 50.00 Taxicab Driver Not Possessing Valid Smartcard Issued to Driver $ 50.00 Taxicab Driver Not Possessing a Manual Credit Card Device and/or Forms $50.00 Taxicab Driver Not Possessing a Current Hardcopy of the San Francisco Municipal Transportation Agency Taxicab Regulations When in print by the SFMTA and Available to Taxicab Drivers. $ 50.00 Taxicab Driver Not Possessing a Working Flashlight and/or Pens $ 50.00 Taxicab Driver Not Possessing San Francisco Paratransit Manual Trip Ticket Forms $ 50.00 Refusal To Convey $100.00 Possession Of Altered Or Fictitious Identification $100.00 Leaving Taxicab Unattended $ 50.00 Failure To Reset Taxi Meter $ 50.00 Failure To Use Most Direct Route $100.00 Refusal To Transport Luggage $100.00 Non-Working Taxi Meter $ 50.00 Refusal To Follow Instructions-Taxicab $100.00 Refusal To Accept a Credit Card $50.00 Failing to Comply With Taxicab Smart Card System Rules $100.00 Taxicabs – Stopping, Loading or Unloading in Unauthorized Areas $100.00 Failure To Follow Procedures - Non-SF Taxicab $ 50.00 Jumping Cab Lot Or Bypassing Holding Area Or Ticket Collection Area $ 50.00 Loading And Unloading Of Passengers On Inappropriate Terminal Roadway Levels $100.00 Failure To Give An Accurate Receipt On Request $100.00 Failure To Maintain Clean Condition $ 50.00 Littering Of Staging Area $ 50.00 False Information To Airport $100.00 Possessing False Ticket $100.00 Possessing False Waybill $100.00 Driving Without Identification Sticker $200.00 Circulating Upper Roadway $ 50.00 Use/Possession Alcoholic Beverages 23102 cvc* * California Vehicle Code+ California Penal Code Failure To Operate Vehicle Safely 24002 cvc* Speed Limits And Traffic Signs cvc* Profanity Or Vulgarity $ 50.00 Failure To Maintain Neat Appearance $ 50.00 Operating Vehicle Which Is Unsafe cvc* Disconnecting Pollution Control Equipment cvc* Use/Possession Of Dangerous Drugs Health & Safety Code Collecting Fares In Loading or Unloading Zone $ 50.00 Loading Or Unloading Customers In Any Zones Not Designated For That Purpose $ 100.00 101 4.7(E)(28) 4.7(E)(29) 4.7(E)(30) 4.7(E)(31) 4.7(E)(32) 4.7(E)(33) 4.7(E)(34) 4.7(E)(35) No Destination Sign Displayed No Valid I.D. Sticker Or No AVI Transponder Issued By The Airport Operating Vehicle That Has Failed Vehicle Inspection Auto Rental Firm Picking Up or Dropping Off Passengers in Rental Vehicles at White Loading Zones Urinating in Any Area Other Than a Restroom Feeding or Otherwise Interfering with Wildlife Tampering or Altering Clean Fuel Vehicle Substituting Diesel Fuel or Gasoline for Alternative Fuel on a Clean Fuel Vehicle $ 50.00 $100.00 cvc* $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 (3) SOLICITATION 4.7(B)(1)(i) 4.7(E)(11) 4.7(E)(17) 4.7(E)(18) 4.7(E)(19) 4.7(E)(26) Solicitation of Fares – Limousines Unauthorized Solicitation Solicit Excessive Fees Solicitation On Behalf Of Hotel, Motel, Night Club Or Nightclub Solicitation Of Illegal Activity Altering Passenger Choice (4) MISCELLANEOUS 3.3(A) 3.3(K) 3.3(R) 3.5(G) 4.1(A) 4.1(C) 4.4(A) 4.4(B) 7.1(B)(1) 7.1(F)(1) Littering on Airport Property Smoking or Using Electronic Cigarettes in a Prohibited Area Feeding or Otherwise Interfering with Wildlife on Airport Property Moving Airport-Owned Public Seating Violation Of Traffic Rules Speed Limits Improper Use Of Roadways & Walks Obstruction Of Roadway & Walks Security Violation Tenant Security Violation (5) TRIP REDUCTION RULE ENFORCEMENT (fines for non-compliance) 10.7(A) 10.7(B) 10.7(C) 10.7(D) Failure to Notify Employees of Provisions of This Rule Failure to Conduct or Submit Employee Transportation Surveys Failure to Appoint or Train an ETC or Appoint a Program Manager Failure to Develop or Submit a Trip Reduction Program, a Revised Trip Reduction Program, or a Program Update as Required Failure to Implement an Airport-approved Trip Reduction Program 10.7(E) 102 $100.00 $100.00 $100.00 $ 50.00 $ 50.00 $100.00 $100.00 $50.00 $50.00 $50.00 cvc* 22350 cvc* $25.00 $100.00 $100.00 $1,000.00 $100.00/day $200.00/day $200.00/day $200.00/day $200.00/day (B) ADMINISTRATIVE FINES (Administrative fines are in addition to General fines imposed pursuant to Section 14 (A) of the Rules and Regulations and all applicable State laws) SECTION VIOLATION DESCRIPTION OF VIOLATION (1) FIRE AND SAFETY 6.8(A)(1) 4.7(A)(11)(c) Tenant shall keep allotted space free of litter Feeding or Otherwise Interfering with Wildlife (2) GROUND TRANSPORTATION OPERATIONS 4.7(A)(10) 4.7(B)(1)(a) 4.7(C)(1)(d) 4.7(A)(11)(a) 4.7(A)(11)(b) 4.7(A)(11)(c) 4.7(A)(11)(d) 4.7(A)(16) Commercial Operators of Ground Transportation - headway violation Limousine Operating Without California License Plate Courtesy Vehicles - Headway Violation (per violation) Littering Of Staging Area Urinating in Any Area Other Than a Restroom Feeding or Otherwise Interfering with Wildlife Smoking or Using Electronic Cigarettes in a Prohibited Area Tampering With or Falsifying Airport Operating Decals and/or AVI Transponder FINE $ 500.00 $ 500.00 $ 250.00 $ 200.00 $ 250.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 (3) GROUND TRANSPORTATION OPERATING PERMIT 4.7(E)(4) 4.7(E)(7) 4.7(E)(9) 4.7(E)(10) 4.7(E)(11) 4.7(E)(12) 4.7(E)(17) 4.7(E)(18) 4.7(E)(19) 4.7(E)(26) 4.7(E)(29) Failure To Give An Accurate Receipt On Request False Information To Airport Possessing False Waybill Driving Without Identification Sticker Unauthorized Solicitation Circulating Upper Roadway Solicit Excessive Fees Solicitation On Behalf Of Hotel, Motel, Night Club Or Nightclub Solicitation Of Illegal Activity Altering Passenger Choice No Valid I.D. Sticker Or No AVI Transponder Issued By The Airport (4) OTHER ADMINISTRATIVE FINES AS REFERENCED IN AIRPORT OPERATING PERMIT Failure to Pay Monthly Permit Fees Failure to Provide Required Reports Failure to maintain required insurance certificate Tampering with AVI Transponders Switching or Altering Any Tickets Issued by Airport and/or Airport Contractor 103 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 100.00 $ 100.00 $ 100.00 $ 500.00 $ 200.00