摘要: |
Many airports have imposed a customer facility charge (CFC) upon customers of rental car facilities located at the airport. These charges typically are applied to pay for the capital, and often, operating costs of a consolidated rental car facility at the airport. CFCs are also sometimes applied to pay for a portion of the costs of facilities, such as roadways or utilities, which support the consolidated rental car facility. Recent challenges to the imposition and use of a CFC have been mounted in several states by purported classes of rental car customers. Few states have directly regulated the collection and use of CFCs, with the notable exception of California. The legal basis for collecting and using CFCs is analyzed pursuant to federal and state constitutional law and through interpretation of contracts between the airport owner and the rental car companies.
The objective of this research is to examine state and federal constitutional provisions implicated in the imposition and use of a CFC as well as a summary of applicable federal and state laws and regulations. In addition, the digest will analyze court decisions on the collection and use of CFCs. The research should evaluate whether a CFC can be used for projects indirectly or unrelated to the facility for which the charge will be imposed. The analysis should be broadly applicable to imposition of charges for specific airport facilities. |