REGULATIONS AND
STANDARDS
FOR OPERATING A
BUSINESS
AT THE
EASTERN
West Virginia
REGIONAL
AIRPORT
The grant of an exclusive right for the
conduct of any aeronautical activity on an airport in which Federal funds,
administered by the Federal Aviation Administration have been extended, is
regarded as contrary to the requirements of applicable laws, whether such
exclusive right results from standards or requirements, or by any other means.
The Federal Aviation Administration
considers that the existence of an exclusive right to conduct any aeronautical
activity limits the usefulness of an airport and deprives the using public of
the benefits of competitive enterprise. Apart from the legal considerations, it is Federal Aviation
Administration policy that it is clearly inappropriate to apply Federal funds
to improvement of an airport where full realization of the benefit would be
restricted by the exercise of an exclusive right to engage in aeronautical
activities.
It is the intent of these rules,
regulations and standards to promote fair competition at the
Eastern
West Virginia
Regional
Airport
and not to expose those who have undertaken to provide commodities and services
to irresponsible competition. The
Eastern WV Regional Airport adopts and enforces these Regulations and Standards
for Aeronautical Activities to be met by those who propose to conduct a
commercial aeronautical activity. These
standards, by expressing minimum levels of service that must be offered, relate
primarily to the public interest, and appropriate standards, uniformly applied,
discourage substandard enterprises, thereby protecting both the established
aeronautical activity and the airport patrons.
These standards apply only to Aeronautical
activities, and not to other activities such as ground transportation, parking
lots or terminal concessions.
- PURPOSE. These rules,
regulations and minimum standards, hereinafter to as “minimum standards”
apply to all aeronautical business enterprises and flying clubs which desire
to operate or engage in aeronautical activities on the Eastern WV Regional
Airport.
- REFERENCES.
- Federal Aviation Agency
Policy Statement “Exclusive Rights at Airports” as published in the
Federal Register.
- Federal Aviation Agency
Handbook ASP 5190.1 “Compliance Requirements for Airports Developed or
Improved with Federal Assistance”.
- Federal Aviation Agency
Advisory Circular AC 150/5190-2, “Exclusive Rights at Airports” dated
4/4/72.
- Federal Aviation Agency
Advisory Circular AC 150/5190-1, “Minimum Standards for Commercial
Aeronautical Activities on Public Airports” dated 8/18/66.
- DEFINITIONS.
- Minimum Standards- the
qualifications which may be established by an airport owner as the
minimum requirements to be met as a condition for the right to conduct an
aeronautical activity on the airport.
- Aeronautical Activity- an
activity which involves, makes possible, or is required for the operation
of aircraft, or which contributes to, is required for the safety of such
operations.
- Governing Body- the Eastern
WV
Regional
Airport
Authority.
- Airport- Shepherd Field
and/or the Eastern WV
Regional
Airport
.
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4. GENERAL.
A. BUSINESS ACTIVITIES.
A commercial aeronautical activity or
Fixed Base Operator must meet the following pre-
requisites to operate at the airport.
(1)
Obtain
the consent and all appropriate licenses required by these rules, and
(2)
Enter
into a written lease or written agreement with the Governing Body.
Each fixed base
operator will enter into an agreement to accept, be bound by, comply with and
conduct business operations in accordance with these rules and regulations and
to agree that its license and authority shall be subject to the terms and conditions
set out in these rules and regulations and revocation or termination thereof as
provided.
B.
BUSINESS NAME.
No person shall conduct business operations on the airport
under a business name the same or similar to the business name of any other
operator previously established on the airport.
C.
APPLICATIONS.
Applications for leases or permission to carry on any
commercial business or aeronautical activity must be signed by all parties
owning an interest in the business including each proprietor, partner,
director, or corporate officer and those who will be managing the business,
unless otherwise approved by the Governing Body.
D.
ACTION ON APPLICATIONS.
All applications will be reviewed acted upon within 45 days
from receipt. Applications may be denied
for any of the following reasons.
(1)
The
applicant does not meet the qualifications, standards and requirements
established by these rules and regulations.
(2)
The
applicant’s proposed operations or construction will create a safety hazard on
the airport.
(3)
The
granting of the application will require the undesirable expenditure of local
funds, labor or materials; or the operation will result in financial loss to
the local entity.
(4)
There
is no appropriate, adequate or available space or building on the airport to
accommodate the entire activity of the applicant.
(5)
The
proposed operation, airport development or construction does not comply with
the approved airport layout plan.
(6)
The
development or use of the area requested will result in depriving existing
fixed base operators of portions of the area in which they are operating; or
will result in a congestion of aircraft or buildings; or will result in unduly
interfering with the operations of any present fixed base operator on the
airport, such as, problems in connection with aircraft traffic, service or
preventing free access and egress to the existing fixed base operator area.
(7)
Any
party applying or interested in the business, has supplied false information or
has misrepresented any material fact in the application or in supporting
documents or has failed to make full disclosure on the application.
(8)
Any
party applying or having an interest in the business, has a record of violating
these rules and regulations or the rules and regulations of any other airport,
Civil Air Regulations, Federal Aviation Regulations or any other rules and
regulations applicable to this or any other airport.
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(9)
Any
party applying or having an interest in the business, has defaulted in the
performance of any lease or other agreement with the local entity or any other
entity operating an airport.
(10)
Any party applying or having an
interest in the business has a credit report which contains derogatory
information and does not appear to be a person of satisfactory business
responsibility and reputation.
(11)
The applicant does not have the
finances necessary to conduct the proposed operation for a minimum period of
six months.
(12)
Any party applying or having an
interest in the business has been convicted of any crime or violation of any
local ordinance which would indicate that the applicant would be an undesirable
operator.
(13)
The protection of the health,
welfare or safety of the inhabitants of the community requires such denial.
Nothing
contained herein shall be construed to prohibit the Governing Body from
granting or denying, for any reason it deems sufficient, an application to do
business on the airport for the purpose of selling or furnishing non-aviation
products, supplies or services or for the purpose of establishing a business of
a non-aeronautical nature or the application by a person for an area on the
airport for the personal nonprofit use of such person.
E.
SUPPORTING DOCUMENTATION.
All applicants will submit the following supporting
documentation, together with such other documents and information as may be
requested.
(1)
Proof
of financial stability must be provided to the Authority.
(2)
A
written listing of the assets owned, being purchased, leased or borrowed which
will be used in the business of the Airport.
(3)
A
current credit report covering all geographical areas in which the applicant
has done business in the ten year period immediately prior to such application.
(4)
A
written authorization for the FAA and the CAB and all aviation or aeronautic
commission, administrators or departments of all states in which the applicant
engaged in aviation business, to release information in their files relating to
the applicant or it’s operation. The
applicant will execute such forms, releases or discharge as may be requested by
those agencies.
(5)
Preliminary
plans and specifications for any improvements which the applicant intends to
make on the airport as part of the activity for which approval is sought.
F.
SUBLEASING/
SALE
OF LEASE.
No right, privilege, permit or license to do business on
the airport or any lease of any of the airport shall be assigned, sold or
otherwise transferred or conveyed in whole or in part without prior express
written consent of the Governing Body.
G.
APPROVAL OF CONSTRUCTION.
(1)
No
buildings, structures, tie-downs, ramps, paving, taxi areas or any other
improvements or additions shall be placed or constructed on the airport,
altered or removed there from without prior approval of the Governing
Body. In the event of any construction,
alteration or removal, an appropriate bond to guarantee the completion of the
work in accordance with submitted plans and specifications and all applicable
local standards may be required.
(2)
Unless
otherwise agreed to by the Governing Body, any aeronautical activity operator
shall, at its or his own expenses, provide, construct, install, equip
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and maintain all
utilities, buildings, structures, ramps, tie down areas,
taxiways,
fences and all other facilities and improvements approved as being
necessary for the
operation. The Governing Body may, in
its discretion,
provide assistance
in the development of the operation area.
(3)
Final
plans and specifications for all construction shall be submitted within 30 days
after approval of the application and construction shall commence and be
completed for final approval as soon as possible. All construction shall comply with all
applicable building codes and local ordinances.
(4)
Construction
areas will be in accordance with these rules and regulations, approved plans
and the current approved airport layout plan.
H.
ASSIGNED AREA.
No person authorized to operate on or conduct aeronautical
business activities at the airport shall conduct any of its business or
activities or park any aircraft on any areas except those specified in the
lease or written agreement. An
aeronautical activity operator shall not use any common use areas except as
authorized by these rules, his or its written agreement or as approved in
advance by the Governing Body.
5. FIXED
BASE OPERATIONS (FBO)
A. No person shall
use the airport as a fixed base operator without valid written authorization, properly applied for as
duly issued. A fixed base operator will
carry on or
conduct only those services for which it is qualified and
which are specified in the
authorization. No authorization will be issued unless the applicant
has met the
qualifications, standards and
requirements of these rules and regulations.
B. Definition: A
Fixed Base Operator (FBO) is defined as a person who carried on one or more of
the following services for profit on the airport and in the supplying of each
such service meets the Minimum Qualifications and Specific Requirements
hereafter provided.
SERVICES
(1)
Aircraft Sales
(2)
Parts and Accessories sales
(3)
Charter Operations which include,
without limitation, passenger or air taxi, freight or delivery, photography,
aerial survey, agricultural spraying, etc…
(4)
Aircraft Rental
(5)
Flight instruction or ground school
(6)
Maintenance services which shall
include services in one or more of the following:
1.
Airframe overhaul and repair
2.
Engine overhaul and repair
3.
Radio and electrical shop
4.
Instrument shop
5.
Aircraft interior work
6.
Refinishing and painting
(7)
Line Service which shall include
one or more of the following services:
1.
Supplying fuel, oil and other
fluids
2.
Interior cleaning
(8)
Aircraft storage, inside and/or
outside.
C.
MINIMUM QUALIFICATIONS.
A Fixed Base Operator shall, in addition to meeting all
other requirements and qualifications of his or its written agreement and of
these rules and regulations, meet the minimum qualifications for each type of
service.
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(1) Aircraft Sales The FBO who engages in an aircraft sales
business at the airport shall lease an area office space hereinafter required
and the space needed for the storage and/or display of a minimum of one (1) or
more aircraft or as many more as such operator reasonably expects to have on
hand in such business at any one time.
(2) Parts
and Accessory Sales In order for an
individual or company to engage in the business of selling parts and
accessories at the airport, he or it shall be authorized to provide at least
one other fixed base operator service and shall lease an area of airport land
sufficient in size to provide the office space hereinafter required and the
space needed for the display and storage of all parts and accessories the
operator reasonably expects to have on hand in such business at any one time;
the land required to be leased under this provision shall be in addition to the
land leased for the operator’s other said business activity but the office space provided for other activity
may be used for the office of the parts and accessory sales business with the
prior, written approval of the Governing Body.
(3) Charter Operations The FBO who engages in a charter
operation at the airport shall lease an area of airport land sufficient in size
to provide the office space hereinafter required and storage for as many
aircraft as such operator reasonably expects to have on hand in such business
at any one time; in addition, such operator shall have available for use at
least one (1) aircraft based at the airport which is in compliance with all CAB
and FAA rules and regulations dealing with aircraft used in charter operations.
(4) Aircraft Rental The FBO who engages in an aircraft rental
business at the airport shall lease an area of airport land sufficient in size
to provide the office space hereinafter required and the space needed for the
storage of a minimum of one (1) or more aircraft or as many more as such
operator reasonably expects to have on hand in such business at any one time.
(5) Flight Instruction or Ground School The FBO who engages in a flight instruction
and/or ground school business at the airport shall lease an area of airport
land sufficient in size to provide the office exclusive of inside partitions,
if a ground school is part of such business and an area sufficient in size to
store one (1) aircraft or as many aircraft as such operator reasonably expects
to have on hand in such business at any one time, whichever is the greater; in
addition, such fixed base operator shall have on hand and available for sure at
least one (1) aircraft suitable for instruction and if ground school training
is offered as part of such business, shall have on hand and available for sure such equipment and apparatus as
would reasonably be expected to be available for such training.
(6) Maintenance Services The FBO who engages in a maintenance service
business at the airport shall lease an area of airport land sufficient in size
to provide the office space hereinafter required and a shop building large
enough to accommodate all necessary tools and equipment used in such business
and one (1) twin engine private aircraft; in addition, the area to be leased
shall be large enough to store all aircraft such an operator can reasonably be
expected to have on hand for service or otherwise at any one time. The shop building required hereunder shall be
separated by a fire wall from any hangar, building or area in which aircraft
are stored, shall be equipped with such tools, machinery, equipment, parts and
supplies as are normally necessary to conduct a fulltime business operation in
the maintenance service being offered and shall be staffed by mechanics and
other personnel who are qualified and competent and who hold all necessary
certificates required by the FAA and CAB. The business of such a maintenance service operator shall be conducted
on a regular basis and shall be open daily during normal business hours on all
normal business days with competent personnel on duty. Minimum hours and weekend hours need to be
established.
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(7) Line Services In order for an individual or company to
engage in the business of providing line services at the airport, he or it
shall be authorized to provide at least one other fixed base
operator
service and shall lease an area of airport land sufficient in size to provide
the office space hereinafter required and the space needed to accommodate the
line services, the aircraft being serviced and the flow of traffic in and out
of the line service areas; the land required to be leased under this provision
shall be in addition to the land leased for the operator’s other business
activity but the office space provided for the other activity may be used for the office of the line
service business with the prior written approval of the Governing Body.
In
addition, an operator under this provision shall provide and maintain all
necessary pumps, tanks, ramps and other fueling facilities that may be
necessary, provided that the operator shall not place equipment in areas that
have not been previously approved. The
operator shall not deliver fuel into any aircraft unless the fuel has first
been placed in a suitable and approved filtration tank. There shall be no fueling direct from a
common carrier transport truck into a re-fueler without filtration.
An
operator under this provision shall keep a current, complete and accurate
record of all gasoline, oil and other products sold in connection with line
services and shall, at the request of the Governing Body, make available all
invoices and records of purchases and sales by the operator of fuels, oils, and
other products sold in connection with the line services, for at least two
years after the receipt or sale of such products. Failure to keep an accurate record of all
purchases and sales of line service products by an operator under this
provision shall be reason to revoke the operator’s license and authority to do
business on the airport for all services.
Each
operator offering line services shall maintain sufficient full time attendants
on duty to service aircraft without unreasonable delay during the hours 0800
until sundown, seven days a week.
The
operator with fuel facilities shall at all times maintain an adequate supply of
the fuels, oils and fluids normally called for at this airport. A mobile gas truck may only operate in the
leased area and such other areas as may be designated from time to time by the
Governing Body.
All
operators licensed to provide line services under this provision shall pay such
charges or taxes as may, from time to time, be imposed by the Governing Body on
the gallonage of aircraft fuel pumped, and/or other products sold, by such
operators.
Services
provided in addition to fuel will include emergency starting, parking, washing,
minor repairs, tire inflation, oil changing, de-icing and other services not
requiring a certified mechanic rating. All equipment necessary to provide these services shall be made
available by the FBO.
(8) Aircraft Storage Outside
Storage: In order for an individual
or company to engage in the business of storing airplanes outside at the
airport, he or it shall be authorized to
provide at least one other fixed based operator service and shall lease an area
of airport land sufficient in size to provide the office space hereinafter
required and the space needed for a tie-down area of sufficient size to
accommodate all of the aircraft that such operator can reasonably expect to
store at any one time; said tie-down area shall be paved or surfaced by the
operator at his or its expense and the land needed therefore shall be in
addition to the land leased for the operators other said business activity but
the office space provided for such other activity may be used for the office of
such outside storage business.
Inside Storage: The FBO who engages in the business of storing airplanes inside at the
airport shall lease an area of airport land sufficient in size for the construction
of a storage building, with proper access ramps and other accessories, designed
to accommodate aircraft and shall construct such building, ramps and
accessories at the operator’s sole cost and expense according to plans and specifications therefore
previously submitted and approved and according to all applicable laws and
regulations. If no office is maintained
as is hereinafter allowed for such a business, the operator shall post in
conspicuous places on the building the name, address and telephone number of
the person who is in charge of such business.
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D. SPECIFIC
REQUIREMENTS
(1) Commencement of Activities: Each FBO shall, upon authorization and as the
construction of any required physical facilities permit, immediately commence
and conduct on a full time basis all business activities and services
authorized.
(2) Office Space: Except in cases of FBO’s offering inside storage space, each FBO
shall provide and maintain an
office which shall be staffed and open to the public during the normal business hours of each normal
business day which shall be the operator’s office or
place of
business on the airport, a waiting room with appropriate furnishings,
separate restrooms for men and
women accommodating the handicapped and a public telephone.
These facilities shall be kept in a neat,
clean, orderly condition and properly painted. The office shall contain at least 400 square feet of inside floor space,
exclusive of inside partitions. Only one
office shall be required of each FBO. No
FBO or its employees, agents, officers or other persons connected with the
business shall use the office area or other facilities of any other FBO without
the consent of said FBO and the Governing Body.
E. CAB/FAA REQUIREMENTS
The FBO and all personnel and employees
shall be competent and shall hold all current, valid certificates, permits,
licenses or other authorities required by the CAB and the FAA, including any FAA
air taxi permits. If, as a result of any
action, order or ruling of the CAB or the FAA and the FBO is grounded or
commercial pilot certificate or instructor’s certificate suspended or revoked,
for a period of ninety (90) days or more, the FBOs license and authority to
operate at the airport may be revoked.
F. INDEMNITY AND INSURANCE
The FBO shall agree and by his or its
operation at the airport does agree to indemnify, defend and save the Governing
Body, its authorized agents, officers, representatives and employees, harmless
from and against any and all actions, penalties, liabilities, claims, demands,
damages, or losses, resulting from claims or court actions, whether civil,
criminal or in equity and arising directly or indirectly out of acts or
omissions of the FBO, its agents, employees, servants, guests or business
visitors.
In addition to the foregoing indemnity
agreement, the FBO agrees to secure public liability and property damage
insurance on which the Governing Body shall be named as a joint insured with
the FBO. Such policies of insurance
shall be maintained in full force and effect during all terms of existing
leases, agreements or business licenses or renewals or extensions.
Such policies shall be for not less than
$1,000,000.00 (one million) for injury to one person,
$1,000,000.00
(one million) for each accident with a combined single limits of $1,000,000.00
(one million) and shall be with an approved reputable company. Copies of all such policies of insurance
shall be delivered to the Governing Body and shall be held for the benefit of
the parties as their respective interests may appear. The amounts of said insurance shall be deemed
a limitation on the FBOs liability to the Governing Body and if any of its
authorized agents, officers, representatives, or employees become liable for an
amount in excess of the insurance, the FBO will save and hold them harmless
from the whole thereof.
G. PUBLIC RESPONSIBILITY
The FBO shall cooperate with the Governing
Body and airport management in the operation, management and control of the
airport and shall do all things reasonable to advance or promote airport and
the aeronautical activities thereon to develop the facility into a more
attractive, efficient and modern airport.
The
FBO shall furnish all services authorized or licensed on a fair, equal and non-discriminatory
basis to all users and shall charge fair, reasonable and not discriminatory
prices for
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each unit
or service; provided that the FBO may make reasonable and non-discriminatory
discounts, rebates or other similar types of price reductions to volume
purchasers, if permitted by law.
6. TERMINATION
The Governing Body shall have the right in
its discretion to terminate all leases and/or agreements authorizing the FBO to
conduct any services or Business on the airport and to revoke any FBO licenses,
authority or permit to do business upon the airport for any cause or reason
provided in the rules or by law and in addition thereto, upon the happening of
any one or more of the following:
For
Cause (Termination)
(a) Filing of a petition voluntarily or
involuntarily, for the adjudication of bankruptcy.
(b) The making by the FBO of any general assignment
for the benefit of creditors.
(c) The abandonment or discontinuance of any
licensed operation at the airport by the FBO or the failure to conduct such
operation on a full time basis without prior approval of the Governing Body.
(d) The failure to promptly pay, when due, all
rents, charges, fees and other payments which are payable to the Governing Body
by the FBO.
(e) The failure of the FBO to remedy and default
or breach or violate by it or its personnel in keeping, observing, performing
and complying with these rules and regulations and the terms and conditions in
any lease or agreement entered into pursuant hereto on the part of the FBO to
be performed, kept or preserved, not involving the payment of rents, charges,
fees or other payments to be paid to the Governing Body, within thirty (30)
days from the date, written notice from the airport management has been mailed
to the place of business of the FBO at the airport.
(f) The FBO or any partner, officer, director,
employee or agent thereof, commits any of the following:
1. Violates any of these rules or regulations; or
2. Engages in unsafe or abnormal or reckless practices in the operations of
an aircraft or motor vehicle on or in the vicinity of the airport, which
creates a hazard to the safety of other airport users, other aircraft or the
general public or endangers property or which could if an emergency developed, foresee
ably result in causing personal injuries or death to a person or damage to
property; or
3. In the vicinity of the airport causes personal injury to or the death of
the person, or property damage involving in excess of $2,000.00 for repairs or
loss; or
4. Operates the business of the FBO in such a fashion as to create a safety
hazard on the airport for other airport users, aircraft or property on the
airport, the general public or the airport or any pilots, students or
passengers.
(h) It becomes known to the Governing Body that
the FBO or someone on his or its behalf supplied false information or misrepresented
any material fact, in the application, supporting documents or in statements to
or before the Governing Body pertaining to the application or failed to make
full disclosure in the application, the supporting documents or in statements
to or before the Governing Body.
Without
Cause (Termination)
In the event the Governing Body determines
to close the airport in its entirety or to close the airport to all traffic it
is not legally bound to serve.
In the event of termination, the FBO shall
forthwith peaceably vacate the airport and surrender possession of the premises
and cease all business operations on the airport.
Should the operator fail to make such
surrender, the Governing Body shall have the right at once and without further
notice to the FBO, to enter and take full possession of the space occupied by
the FBO on the airport by force or otherwise and with or without legal process
to expel, oust and remove and all parties and any and all goods and chattels
not belonging to the Governing Body that may be found within or upon the same
at the expense of the operator and
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without
being liable to prosecution or to any claim for damages therefore. Upon such termination all rights, powers and
privileges of the FBO hereunder shall cease and the FBO shall immediately
vacate any space occupied by it under this agreement or any lease or leases and
shall make no claim of any kind whatsoever against the Governing Body, its
agents or representatives by reason of such termination or any act incident
thereto.
In the event of termination for cause, all
structures and other improvements made to the airport by the FBO shall be and
become the property of the Governing Body and shall remain on the airport after
the FBO ceases operations and vacates the premises; in the event of termination
without cause, all operators shall be given a reasonable period of time within
which to remove all structures and improvements erected by them on airport
property but, if such removal is not completed within such period, any
structures or improvements remaining on the airport after such period has
elapsed shall be and remain the property of the Governing Body.
In addition to all other rights and remedies
provided in these rules, the Governing Body shall have any and all other rights
and remedies at law or in equity, including the equitable remedy of injunction
to enforce these rules and regulations to obtain compliance therewith and to
impose the penalties herein provided.
7. INSPECTION
AND MAINTENANCE
1. To the extent necessary to protect its rights and interests or to
investigate compliance with the terms of these rules and regulations, the
Governing Body, or any member thereof, its Engineer, its Attorney and its
Police Officer any other agent of the Governing Body shall have the right to
inspect at all reasonable times all airport premises together with all
structures or improvements and all aircraft equipment and all licenses and
registrations and records of the FBO financial status.
2. Each FBO shall be responsible for the removal of snow and ice from its
leased area and areas in which it is authorized to operate and shall keep such
leased areas and areas which it is authorized to operate free and clear of all
weeds, rocks, debris and other material which is unsightly or could cause
damage to aircraft, buildings, persons or automobiles.
3. No person shall throw, dump or deposit any waste refuse or garbage on
the airport. All waste, refuse or
garbage shall be placed and kept in closed garbage cans or container and
removal of disposal of or in a timely manner. All operating areas shall be kept in a safe, neat, clean and orderly
manner at all times and in such a manner as to minimize any hazards.
Nothing
contained in these rules and regulations shall be construed as requiring the
Governing Body to maintain, repair, restore or replace any airport structure,
improvement or facility which is substantially damaged or destroyed.
8. FLYING
CLUBS
All flying
clubs desiring to base their aircraft and operate on the airport must comply
with the applicable provisions of these rules and regulations. However, they shall be exempt from regular
FBO requirements upon satisfactory fulfillment of the conditions contained
herein.
1.
The club shall be a nonprofit
entity (corporation, association or partnership) organized for the express
purpose of proving its members with aircraft for their personal use and
enjoyment only. The ownership of aircraft
must be vested in the name of the flying club (or owned ratably by al of its
members). The property rights of the
members of the club shall be equal and no part of the net earnings of the club
will insure to benefit any member in any form (salaries, bonuses, etc...) The club may not derive greater revenue from
the use of its aircraft than the amount necessary for the operations,
maintenance and replacement of its aircraft.
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2.
Flying clubs may not offer or
conduct charter, air taxi o rental except to members of aircraft
operations. They may not conduct
aircraft flight instruction except for regular members and only members of the
flying club may operate the aircraft. No
flying club shall permit its aircraft to be utilized for the giving of flight
instruction to any person. Including
members of the club owning the aircraft, which such person pays or becomes
obligated to pay for such instructions, except when instruction is given by a lessee
based on the airport who provides flight training. Any qualified mechanic who is a registered
member and part owner of the aircraft owned and operated by a flying club shall
not be restricted from doing maintenance work on aircraft owned by the club and
the club does not become obligated to pay for such maintenance work except that
such mechanics and instructors may be compensated by credit against payment of
dues or flight time.
3.
All flying clubs and their members
are prohibited from leasing or selling ay goods or services whatsoever to any
person or firm other than a member of such club at the airport except that said
flying club may sell or exchange its capital equipment.
4.
The flying club, with its initial
application, shall furnish the Governing Body a copy of its charter and
by-laws, articles of association, partnership agreements or other documentation
supporting its existence; a roster or list of members, including names of
officers and directors, to be revised on a semi-annual basis; evidence of
insurance in the forms of a certificate of public liability and property damage
insurance with a combined single limit of not less than $1,000,000.00 (one
million) containing a clause providing for ten days prior notice of
cancellations; a document signed by the club and its members agreeing to
indemnify and save harmless the Governing Body from any loss by reason of the
existence of the club at the airport; a statement of the number and type of
aircraft; evidence that the aircraft are properly certified; evidence that ownership
is vested in the club; and a list of the operating rules of the club. The books and other records of the club shall
be available for review at any reasonable time by airport management or other
representatives of the Governing Body.
5.
A flying club must abide by and
comply with all Federal, State and local laws, ordinances, regulations and
these rules and regulations.
6.
A flying club which violates any of
the foregoing or permits one or more members to do so will be required to
terminate all operations.
7.
Unpowered aircraft, hang gliders,
balloons and ultra light aircraft will not operate from the airport without
prior coordination with the Airport Manager or his agent and the Tower
Chief. Anyone operating such a vehicle
without proper prior coordination will be advised that they will no longer be
able to use this airport.
9. USERS/MAINTENANCE/OPRATING FEE
The
Governing Body enacted a fee levied against all businesses conducting business
on the Airport property and businesses located adjacent to Airport property who
desires direct access from their property to Airport property. This fee would be determined by the Governing
Body.
10. LANDING
FEE
The
Governing Body enacted a landing fee at the Eastern WV Regional Airport for
those aircraft weighing more that 6,500 pounds. Fees are posted at the office of the Eastern WV Regional Airport
Authority.
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