Sec. 1160.2. Definitions

(a) Access permit.

A coupon or decal issued by the NFTA upon application of a commercial ground transportation operator. An access permit authorizes the commercial ground transportation operator to have access to the airport property for the purpose of providing the transport of persons or property to or from the terminal in a commercial vehicle.

(b) Airport.

Buffalo Niagara International Airport. For purposes of section 1160.22 of this Part only, the definition includes the Niagara Falls International Airport.

(c) Airport manager.

The director of aviation of the airport.

(d) Buses—scheduled.

An unmetered passenger vehicle for hire, which carries over 15 passengers and is licensed as a “bus” by the New York State Department of Motor Vehicles, and which is operated on a scheduled basis to transport passengers between the airport and a primary service point, and may serve additional points other than its primary service point.

(e) Buses—nonscheduled.

An unmetered passenger vehicle for hire, which carries over 15 passengers and is licensed as a “bus” by the New York State Department of Motor Vehicles, and which is operated as a charter service on a nonscheduled basis to transport passengers between the airport and nondesignated sites off airport property.

(f) Car rental—airport.

A commercial car rental business, operated pursuant to a concession agreement with the NFTA, which is engaged in the business of renting or leasing unmetered motor vehicles to airport passengers and the general public on a nonscheduled or scheduled basis. Maintains terminal counter space and parking areas on the airport property for the purpose of conducting operations.

(g) Car rental—off-airport.

A commercial car rental business located off-airport property but is engaged in the business of renting or leasing unmetered vehicles to airport passengers and the general public. Maintains no terminal counter space or parking areas on the airport property for the purpose of conducting operations.

(h) Commercial ground—transportation operator.

A person, enterprise, corporation, partnership, sole proprietorship, transportation network company, or other entity engaged in any type of commercial ground transportation service.

(i) Commercial ground—transportation service.

The act of providing the carriage of persons or property to or from the terminal in a commercial vehicle.

(j) Commercial vehicle.

Any vehicle engaged in transporting persons or property for a commercial entity, regardless of whether the charge for such service is paid for, either directly or indirectly, by the customer being served.

(k) Commercial vehicle—staging area.

The area designated by the airport manager for the parking or queuing of commercial vehicles.

(l) Commercial vehicle—loading/unloading areas.

The area designated by the airport manager for loading and unloading passengers and property.

(m) Concession agreement.

An agreement between the NFTA and a commercial ground transportation operator which authorizes the operator to provide specified services at the airport.

(n) Coupon.

An access permit, issued in the form of a ticket, which grants the operator a one-time access privilege to the airport premises for the purpose of providing the transport of persons or property to or from the terminal.

(o) Cruising.

Picking up or attempting to pick up passengers or fares in any location on the airport roadway.

(p) Decal.

An access permit, issued in the form of a sticker to be affixed to a vehicle, for the purpose of identifying the vehicle as being a commercial ground transportation vehicle which is authorized to have access to the airport premises for the purpose of providing the transport of persons or property to or from the terminal.

(q) Driver.

The person operating a commercial vehicle.

(r) Hotel/motel courtesy vehicle.

A vehicle (van and/or limousine), which carries up to 15 passengers, operating between the airport and designated hotel/motel locations off-airport property on a nonscheduled basis.

(s) Limousine/van service.

The prearranged for-hire, unmetered transportation of passengers using a vehicle, having the capacity to seat up to 15 passengers with rates determined on a per person, hourly, daily, weekly, or monthly rental of the vehicle and the services of its chauffeur, or a combination of rental and mileage charges.

(t) NFTA.

The Niagara Frontier Transportation Authority is a public benefit corporation, created by an act of the New York State Legislature in 1967, to promote the development and improvement of transportation and related services within the Niagara Frontier Transportation district.

(u) NFTA shuttle service.

The transportation of passengers in vehicles operated by NFTA, or its agent, free of charge on the airport's circulatory roadways and parking lots.

(v) Off-airport parking operator.

A commercial off-airport parking service, which operates a vehicle, to transport passengers over a fixed route between the off-airport parking facility and airport facilities.

(w) Properties superintendent.

An NFTA employee responsible for administration of the commercial ground transportation at the airport.

(x) Rules and regulations.

These commercial ground transportation rules and regulations for the landside terminal operations at the airport, and any other NFTA rules and regulations found in this Chapter.

(y) Scheduled shuttle service—concession.

An unmetered passenger vehicle for hire, operated pursuant to an exclusive concession agreement, at regularly scheduled times and along fixed routes to and from the airport, to designated off-airport locations.

(z) Solicitation.

Approaching or initiating a conversation with any person on airport property, or in any way employing or inducing any other person to approach or initiate a conversation with any person on airport property, other than with a person whose transportation by a transportation operator has been arranged prior to that operator's entry onto airport property, for purpose of seeking passengers or customers for the business of a commercial ground transportation operator.

(aa) Starter.

Employee of the taxi-concession who is obligated to assure the orderly, smooth and nonpreferential loading and departure of authorized taxis from the designated loading zone areas.

(ab) Taxi—concession.

A passenger vehicle for hire, operated pursuant to an executed concession agreement which is equipped with a meter and engaged in the general transportation of persons, not on regular schedules, with routes and the destinations determined by the passenger.

(ac) Taxi—nonconcession.

A passenger vehicle for hire, operated without an executed concession agreement with the NFTA, which is equipped with a meter and engaged in the general transportation of persons, not on regular schedules, with the routes and the destinations determined by the passenger.

(ad) Digital network.

Any system or service offered or utilized by a transportation network company that enables transportation network company prearranged trips with transportation network company drivers.

(ae) Geo-fence.

A software application utilizing a global positioning or radio frequency identification to establish a virtual fence or perimeter around the airport or a specified geographical area within the airport which, when used in conjunction with a mobile application, is capable of recording, and showing in real time on hand held devices being carried by TNC drivers or personnel of the NFTA, the on airport location of the TNC drivers and information describing the prearranged trips that such TNC drivers are in the course of providing. The geo-fence shall be comprised of one or more polygons whose points are geographic coordinates defined by the NFTA and on NFTA airport property.

(af) Transportation Network Company (TNC).

A person, corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to section 1692 of the New York Vehicle and Traffic Law and is operating in New York State exclusively using a digital network to connect transportation network company passengers to transportation network company drivers who provide TNC prearranged trips.

(ag) TNC driver.

The meaning prescribed in section 1691(4) of the Vehicle and Traffic Law.

(ah) TNC drop-off trip.

The transportation by a TNC driver affiliated with a TNC operator, for compensation, of a passenger culminating in the passenger’s drop-off at the airport.

(ai) TNC permitted use.

The use by a TNC operator and TNC drivers of the non-exclusive designated pick up and drop off areas and designated staging areas at the airport for the purpose of providing prearranged transportation services to passengers and their personal baggage to or from the airport in TNC vehicles operated by TNC drivers.

(aj) TNC pick-up trip.

The transportation by a TNC driver affiliated with a TNC operator, for compensation, of a passenger beginning from a location on the airport.

(ak) TNC operator.

The TNC to which the NFTA has authorized to operate on the airports.

(al) TNC vehicle.

The meaning prescribed in section 1691(1) of the Vehicle and Traffic Law.

(am) TNC waybill.

The electronic documentation for every pre-arranged reservation made between a passenger and TNC driver for either a TNC drop-off trip and TNC pick-up trip at the airport which waybill must include the license plate number, make and model of the TNC vehicle, the name of the TNC driver and license number, the names of the party to be transported, the date and time of pick-up or drop-off, a photograph of the TNC driver, a picture of the TNC vehicle and must be viewable upon request by any NFTA or law enforcement official.