Thursday, May 8, 2008

L.E. Fant of Las Vegas Pillories Nevada Taxicab Authority!

L.E. FANT AGAIN ATTACKED BY TAXI AUTHORITY GOONS WHEN DROPPING OFF WIFE AT AIRPORT!! [The following is the opinion of L.E. Fant of Las Vegas and is not legal opinion-please do your own research and form your own opinion].

Earlier this very morning L.E. drove his wife to the airport in order that she may fly to a so-called “Irish” family reunion in California.
He entered the airport and made his way to the far right lane, in a "drop off" area outside the terminal (adjacent to the curb) to drop her off. As is the usual case a limo was stopped in the second lane and a person (apparently a sky cap) was standing in the middle of L.E.’s adopted lane. L.E. needed that person to move from the lane, or at least to move along it a little so L.E. could stop without the rear of his vehicle being on a crosswalk “hump.”

The person became indignant and mouthed words at L.E. who gestured to the man that he should move from the vehicular traffic lane so L.E. may properly place his vehicle for drop off. L.E. stopped where he intended and immediately got out of his vehicle and opened the cargo area to remove his wife’s luggage.
At that time a Taxi Authority “officer” approached L.E. and commenced instructing L.E. that he was in breach of traffic rules and must yield right of way to the skycap who was going to unload passengers from the limo which had stopped in the second lane.
L.E. responded that he believed that the limo (or skycap) had no legal right to stop to unload passengers in the second lane and that L.E. was actually attempting to stop in a proper area-not an improper one as the limo driver and skycap were attempting and that the "officer" should assist L.E. in his efforts to properly drop off a passenger. [see: vindication below].

The Nevada Taxicab Authority officer [L.E. prefers the classification “goon,” which Webster defines as “ruffian or thug; a grotesque or stupid person.”] was joined by a larger cohort and together they berated L.E. Fant. One shouting “you’d better get out of here now-or else.” The other claiming that L.E. was rude. L.E. replied that if they went about their legitimate business and stopped impeding and harassing him. he surely would be moving as quickly as possible to clear the area for others to use and that he was using the roadway properly unlike the limo driver and skycap.
L.E. then left the area and decided to review relevant law relating to the situation (to confirm his contentions)as this was the third occasion that he had been berated and threatened with arrest by these “goons” who apparently only have authority to intercede in non-moving violations on airport roads.

Non-exhaustive research by L.E. indicates that NRS 484 [Nevada Traffic law] is controlling where it may be contrary to Clark County Code regarding traffic rules at the airport, whose roads are considered as if dedicated as any other Nevada road. Therefore, one may argue that as on any other road in Nevada it is illegal to stop to unload passengers other than against the curb. However, even this authority is unnecessary as County Code 20.08.030(c) explicitly and unambiguously provides for this situation. See below:

Clark County Code 20.08.010 Traffic regulations--Vehicular movement generally.
"(
a)The “Rules of the Road” set forth in Chapter 484 of the Nevada Revised Statutes at NRS 484.251, et seq., as amended, and Title 14 of this code shall be applicable to and shall govern motor vehicle operation upon the real property known as McCarran International Airport or upon other county airports as if the roadways were dedicated and considered highways under said statutes and Title 14 except as otherwise provided by those regulations set forth in or promulgated pursuant to this chapter. It is the duty of the police officers to enforce all traffic regulations and of the police officers and parking enforcement officers, and officers of the Taxicab Authority (as defined in NRS 706.8821(3)) to enforce all nonmoving traffic regulation governing the airport."

Further, the County Airport Code provides:

20.08.030 Parking--Loading and unloading of vehicles at airport.
"(a) No person shall park, stop or drive a vehicle for the purpose of loading or unloading a passenger or passengers or cargo at the airport unless:(1) The loading or unloading occurs in an area designated and posted for such purpose; and(2) The vehicle has entered the area designated and posted for loading and unloading by appropriate route; and(3) The established fees, if any, required for use of the airport property have been paid by the owner, driver and/or operator.(b) No person shall park or stop a vehicle while awaiting ingress to the area designated for the loading or unloading of passengers and/or cargo therein except in the holding/staging lanes which may be designated and posted for such purpose.(c) No person shall park or stop a vehicle for the purpose of picking up and/or discharging passenger(s) desiring access to the airport except in the areas so designated for that type of vehicle and for that purpose, except that the stopping of a vehicle for such purpose may be authorized by the director of aviation by written operating directive in an area if the vehicle is immediately adjacent to another vehicle which is legally stopped at a curb which has been designated for the picking up and/or discharge of passenger(s). In no instance shall a vehicle stop in any travel lane to either discharge or pick up a passenger(s) or cargo. Diagonal parking is not permitted across designated lane markings.(d) No person shall leave a vehicle unattended in any area upon the airport unless the vehicle is in an area designated by the director of aviation for parking and leaving the vehicle. The vehicle may only be parked in the area for the posted time period.(e) No person shall leave a vehicle running when parked in an area where vehicle shut-off signs are posted. (Ord. 1656 § 1 (part), 1995: Ord. 1278 § 3 (part), 1991)
[Emphasis added].

Next L.E. can find no authority for the Taxi Authority goons statement that “You must yield right of way to a skycap in any circumstance.” It appears to L.E. that as NRS 484 is controlling a skycap in similar circumstances to that of the subject circumstance may be deemed a “jaywalker.”

With the above in mind L.E. is deeply concerned that citizens are treated in such a discriminatory manner by Taxi Authority goons who apparently create laws and regulations, or at least wildly interpret existing statutes and code in a bizarre attempt to legitimize their unruly acts.
Is their training so poor that this situation exists or are they encouraged by their taskmasters to assert authority which is apparently non-existent, to the detriment of non-taxi/ limo road users?

L.E. Fant is now printing out the relevant statutes and code sections so he may carry them in his vehicle and provide them as authority when the next, inevitable, confrontation with these goons occurs.

L.E. Fant of Las Vegas challenges the Taxi Authority to refute the above assertions [with proper authority] that its employees are acting well outside the scope of their authority to the detriment of citizens who have every right to use the airport roads in conjunction with taxis and limousines, buses and shuttles according to legal road markings and relevant statutes or code.
L.E. particularly seeks its response to his claim that it apparently encourages taxis, etc. to stop (L.E. believes illegally) in any lane of the airport roadways to load or unload passengers whereas it apparently encourages its employees to harass and threaten other road users (for its advantage) who are using the airport roads legally.
The above example is surely not even handed application/enforcement of law and L.E. believes such behavior is tantamount to fascism and should be discouraged by our courts and legislature.

No comments: