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Bob,
I must be more careful. The FAA requires that the airport
should have access (so the FAA can use it?). These are City owned
hangars on land that the Feds contributed to and the hangar occupants
have sub-leases with their own organization (landlord) that itself has a
master lease with the airport for both the hangars and the land upon which they
sit. As the landlord, the organization is responsible for the group rent
to the City, local land taxes and common area maintenance including the
exterior skins of each building.
"Intrusive" would be "free" and "unobstructed" access to the interiors
while the sub-leases allow for "reasonable" access with notice to the sub-lessee
- i.e. non-intrusive.
Scott
In a message dated 4/26/2011 10:16:32 A.M. Central Daylight Time,
rpastusek@htii.com writes:
Scott,
Not
to beat a dead horse, but are you fairly sure the inspectors were FAA reps? I
ask this because our city Fire Marshall regularly inspects the city hangars we
rent…but not the privately built/owned hangars on the field (KHEF). The
airport manager is also required to record and report the registration number
of each aircraft on the field on 1 Jan of each year. None of these have ever
been “intrusive” and the locals are very considerate.
We
have had TSA folks periodically drive around the airport and check our access
procedures—particularly staying close by until the gate closes/not allowing
tailgating. Have not seen FAA folks involved in any of this; they almost seem
subservient to TSA here.
Bob
Subject:
[LML] Re: The Big Squeeze On GA
Scotty, what was the
rational for FAA access to the hangars? What are they looking
for?
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.
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
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
Web
Site: www.starliteat.com
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