RE: Legal Help ... SGU ???

[fstringham7a]

Need help form all Vans Airforce legal minds (jail house lawyers, hanging judges, ........)

Our fair (?) City is building a new replacement airport. Recently the Draft proposed regs have been put forward. There are a number items in the proposal that makes me think aircraft building will be impossible at this new airport IF this proposal is accepted in it's current condition.

http://www.sgcity.org/airport/pdf/Ru...s7-08draft.pdf

What say you?

Frank @ 1L8 ...RV7A...paint/stuff

[Mike S]

Are you a member of EAA, and AOPA????

Both have legal depts that can probably help.

Good luck.

[Mike S]

One more thought---------it aint an aircraft until it is signed off. Just a bunch of parts.

Sec E, #4 seems to be the main stumbling block in the contract, but it refers to aircraft. Not a bunch of parts.

[fstringham7a]

Originally Posted by Mike S

Are you a member of EAA, and AOPA????

Both have legal depts that can probably help.

Good luck.

Good point Mike....I did talk with them and did send info for them to review!!

Frank @1L8 ...RV7A... paint/stuff

[kcpilot81]

Frank,

A quick read supports your concerns that aircraft building in a hangar at the airport may be problematic. Section G.2.c and E.4 seem to give me the greatest concern. Not only do these provisions possibly prohibit aircraft construction, they also seem to prohibit a owner with a repairman certificate from performing maintance on his or her own aircraft.

I would contact EAA's legal department, as overly broad regulations such as these often result in the unintended and harmful consequences cited above (atleast I hope these are unintended). Otherwise, as these are only a draft, I recommend voicing your conern at the next city council or airport comission meeting.

Good luck, as this is something that needs to be addressed soon before a hangar tenant gets burned for trying to build.

Mike, I think that is a crafty argument to say they are just parts, but not probably one you want to test. You may also run into issues with Section G.2.i, storage of of non-aeronautic equipment or materials if you say that what you have in there is not an aircraft.

[Mike S]

Keith, the parts for a plane are definitely aeronautic-----just not a plane.

I would bet the clause, G 2 i, is referring to cars, tractors, boats, household junk etc.

Still, better to be proactive than reactive on this for sure.

[allbee]

I would call AOPA and/or EAA. I always keep the doors closed when working on my airplane, nope, not doing anything illegal. I just hate it when I have snoopers. That and I don't have to explain myself to NO ONE.

[Steve]

The "pile-of-parts vs an aircraft on Jan/1/08" argument was enough to hold off the tax man until 2009. However, I would get the EAA/AOPA legal guys involved before it's too late.

Steve

[hydroguy2]

Frank, in case you don't have it, below is the email contact for the Western region AOPA rep. This will be right up her alley. Contact her ASAP

stacy.howard@aopa.org

[rfinch]

The good news in the proposed regs is that they've prohibited fist fights and brawls:

4. No major aircraft maintenance or altercation will be permitted in any private aircraft hangar. Minor general maintenance such as oil changes or repairs
on personal aircraft is permitted.

On a more serious note, let's think who generated these regs:

1. Local fire department. They don't want lots of oil, grease, and fuel in each hangar. See if you can talk to them about their concerns and what they can work with.
2. Local FBO. Does the airport now have an FBO that does repairs? If so, E.4. is probably to protect their business and keep out the drive-by A&Ps. You might talk to the FBO to see if additional wording to E.4. to allow homebuilding and maintenance of experimental aircraft is OK with them. I'm sure they won't object to experimental work done.
3. City Attorney. They want to minimize liability from people doing work and injuring themselves, getting paid to do work in what should be non-business hangars, and so forth. Talk to the city legal staff to see what their concerns are.

You've got some work ahead of you, but it's doable. Are there like-minded people? Form an Airport Support Group like we did at our airport, Friends of University Airport. I wouldn't start with the elected officials or even city department chiefs (exception: airport manager), they'll just go into defensive mode. Start ASAP organizing in a non-threatening way and getting to know the proper people.