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OCR for page 42
18. What's Expected of Airport Tenants and Users general Key Po i nt Airport owners should establish and enforce rules and regulations in order to ensure the safe, orderly, and efficient operation of their airport. These measures should apply to all persons using the airport. Also, airport owners should establish minimum standards for commercial aeronautical activities conducted at the airport. Utilization of these tools promotes uniform rates and charges for aeronautical activities on the airport, makes good business sense, and positively contributes to airport safety, quality of services, and compliance with the federal prohibition against exclusive rights. D i s cu s s i on The Airport Airport rules and regulations and minimum standards: · promote safety in all airport activities; · maintain higher quality of service for airport users; · protect airport users from unlicensed and unauthorized products and services; · promote orderly development of airport land; · prevent disputes between aeronautical providers and reduces potential complaints; · protect the airport owner by ensuring service providers maintain a minimum level of insurance coverage, thereby reducing the airport owner's liability. Airpor t Rules and Regulations F INAN C IAL Following are some basic topics airport owners should consider when developing airport rules and regulations. Fire Safety Limos, Taxis, Vehicles/Pedestrians Removal of Disabled Aircraft Hazardous Materials and Liquids Non-Airworthy Aircraft Self-Fueling Regulations Wreckage Environmental Restrictions Aircraft Registration and Operating Insurance Requirements Rules Flying Clubs, Skydiving Use of Hangars Aerial Advertising Personal Conduct on Airport Premises Agricultural Operations Access Control Minimum Standards for Commercial Courtesy Vehicles Activities rules 42
OCR for page 43
Minimum Standards GENERAL Airports should publish minimum standards for commercial aeronautical activities. These normally include leasehold size, building/hangar sizes, hours of operation, and requirements for personnel, equipment, and insurance. Standards should: · Impose conditions that ensure safe and efficient operation of the airport; · Be reasonable, not unjustly discriminatory, attainable, uniformly applied, and reasonably protect the investment of providers of aeronautical services who meet minimum standards; · Be relevant to the activity to which they apply; · Provide opportunity for newcomers who meet minimum standards to offer their aeronautical services within the market demand for such service. Special Considerations Airport owner as provider of services. The airport owner may elect to provide any or all of the aeronautical services THE AIRPORT at an airport; however, these services are often best provided by profit-motivated private enterprises. The exceptions are usually those cases in which an airport owner elects to provide fuel service or aircraft parking. If it does so, it may not refuse to permit an air carrier, air taxi, flight school, or individuals to fuel their own aircraft with their own personnel and equipment. Insurance. One of the many important requirements that an airport sponsor must consider when developing minimum standards is insurance requirements for commercial aeronautical service providers. Policies typically cover three areas: hangar keeper's liability, premises, and product liability. Non-aeronautical activities. There is no requirement to include non-aeronautical activities in minimum standards since those activities are not covered by federal grant assurances. Saying "No". Airport owners may deny airport users the opportunity to conduct specific aeronautical activities because of safety or efficiency; however, such determinations generally require FAA concurrence prior to imposing such restrictions. Disputes. Occasionally, disputes relating to the application of minimum standards will occur. While the FAA does have a FINANCIAL process established to adjudicate formal complaints of unjust discrimination, it is in the best interest of the airport owner and tenant to work to resolve the issue locally, or consider mediation. Through-the-fence activities. A through-the-fence operation is when an entity on property adjoining the airport has direct access to airport facilities. FAA discourages these operations and the airport owner is under no obligation to allow them. They have the potential to undermine minimum standards and can jeopardize the airport's ability to meet federal grant assurances regarding safety and economic self-sufficiency. App l i c at i o n Become familiar with your airport's rules and regulations and minimum standards for commercial aeronautical activities. If there are none, consider working with the airport manager to adopt them. Make sure your airport rules and regulations and minimum standards are reasonable and non-discriminatory to aeronautical services. RULES 43