Scott,
I believe, based on your statement, that the FAA has no standing to demand access to the hangars. What is the basis for their need to inspect?
Jeff
Sent from my iPad
Chris,
Big Squeeze indeed. I "sublease" a hangar in Sky Haven, the 194
hangar complex at KARR ( www.SkyHaven.com). To
clarify, rental agreements are made with Sky Haven, a corporation with all
of the sub-lessees as its members and run by a board elected from among the
members. Sky Haven itself leases the grounds and buildings from the City
of Aurora (municipal public towered airport) on a very long term basis and
annually charges each hangar for providing common area maintenance
(taxes, building exteriors, pavement, etc.). The sub-leases may be bought
and sold much like real property deeds and are recorded with the county
clerk since the term of the lease tracks that of the master lease with the
City.
Last November the FAA inspected the airport and was unhappy that it could
not gain entry to each and every hangar - they did inspect over 6 hangars
because the sub-lessees were present and allowed entry. Recently, the
FAA issued a letter to the airport demanding that the airport have
"unobstructed" and "free" access to the Sky
Haven hangar interiors. Their suggestion was that the airport
have keys to each hangar by September 30.
The Sky Haven sub-lease provides for reasonable access with the sub-lessee
being present or at any time and by any other means in the case of an
emergency. The lease between Sky Haven and the City does provide the City
with the right to "enter upon the premises" at "any reasonable time" for various
purposes including inspection. Part of the problem is whether "premises"
includes the interior of each hangar.
In any event, this does bring up issues of "unreasonable search" (4th
Amendment), privacy, liability if the airport holds keys, etc.
We have considered asking the AOPA for advice, but your comments are not
very encouraging.
The net of all this - another example that the agency that is supposed to
promote GA is sure doing a great job of holding its thumb on the jugular.
Scott Krueger
N92EX, Hangar 66
I find the
searching of GA aircraft very interesting but this is not the only way GA
is being attacked. Here at our airport, MCAS Yuma, Arizona (NYL), GA is
getting hit on two fronts. First you need to know we are a joint use military
base with airline, GA, and military traffic. The airline terminal is on the
north side, GA on the west, and military is about a mile or more away on the
southeast side of the airport. MCAS is one of three bases that have been
chosen for the F35 Strike Fighter and the military did a threat assessment on
the base to list potential problems. Last summer, before I became the AOPA
representative, I was approached by one of the board members stating the
airport management and the board of directors were told by the military that
GA was a security threat and Personally Operated Vehicles, POV’s, should no
longer be able to drive onto the airport. Since the meeting was the next day I
didn’t have a lot of time to organize the GA population but was able to get 40
or so pilots together and was able to stall this initiative. Since that time
the airport management and the board of directors have been pushing this
issue. So now the airport management has decided to allow us, for now, to
drive to our hangers and T-Shades and will be taking away any other driving
privileges starting July 1st, 2011. You can see the plan at www.yumaairport.com on
the left side click on General Aviation, on the right side click on
Vehicles.
Since then I have become the AOPA ASN
Volunteer here at NYL and have attended every monthly board meeting. I feel
strongly it won’t be long before we are not allowed to drive onto the airport.
I also question AOPA’s roll in GA as they were no help at all and I am still
awaiting a response from an email I sent to Sean Collins on 3-14-2011. As
someone else made mention, I guess they are too busy selling alcohol and don’t
have time for us mere pilots. Since when do alcohol and flying go together?
Fly Safe,
Christopher
J. Alberti
KNYL AOPA
Representative
N441JH Lancair 4P Hanger
C3 President/CEO Starlite Aviation Technologies LLC 1963 S. 39th
Drive Yuma, Arizona 85364 Phone: 928-581-2383 Fax: 928-329-6488
Email: starliteaviation@yahoo.com
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