Banning mogas at the airport...

For years, now, I've read that it's illegal for an FBO or airport to
forbid aircraft owners from fueling their own planes. In another
group, I simply parroted that information -- and now one of the group
members wants to know WHICH law expressly prohibits an FBO from
inhibiting an owner's ability to fuel his plane.

Is there such a law? If so, what's it called?
--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com
"Your Aviation Destination"

Jay Honeck wrote:
For years, now, I've read that it's illegal for an FBO or airport to
forbid aircraft owners from fueling their own planes. In another
group, I simply parroted that information -- and now one of the group
members wants to know WHICH law expressly prohibits an FBO from
inhibiting an owner's ability to fuel his plane.

Is there such a law? If so, what's it called?

I'm not aware of any such law, but at my airport we couldn't refuel
inside the hangar due to insurance requirements. However, it was never
a problem on the ramp.


Matt

When an airport accepts federal funds, the contract has the
provisions that require fair use. These may be the links
you need.
[PDF] FAA Facts
.... and becomes a legal binding contract between the sponsor
and ... available for public
use on fair and reasonable terms ... not granting an
exclusive right to any ...
http://www.agl.faa.gov/AGLNews/HowDo...rk/pdf/AIP.pdf - Text
Version

[PDF] Department of Transportation
.... owned and subject to the revenue-use requirement. The
private operator is providing
these services under some form of contract with the public
owner. These ...
http://www.faa.gov/airports_airtraff...on_final99.pdf
- 1999-02-16 - Text Version

[PDF] 1700 - Post Grant Obligations
.... be incurred by contract or by restrictive ...
Prohibition on Exclusive Rights ? Utilization
of ... Compatible Land Use ? Availability of Fair and
Reasonable ...
http://www.faa.gov/airports_airtraff...media/1700.pdf
- 1995-01-01 - Text Version


....

"Jay Honeck" wrote in message
oups.com...
| For years, now, I've read that it's illegal for an FBO or
airport to
| forbid aircraft owners from fueling their own planes. In
another
| group, I simply parroted that information -- and now one
of the group
| members wants to know WHICH law expressly prohibits an FBO
from
| inhibiting an owner's ability to fuel his plane.
|
| Is there such a law? If so, what's it called?
| --
| Jay Honeck
| Iowa City, IA
| Pathfinder N56993
| www.AlexisParkInn.com
| "Your Aviation Destination"
|

"Jay Honeck" wrote in message
oups.com...
For years, now, I've read that it's illegal for an FBO
or airport to forbid aircraft owners from fueling their
own planes. In another group, I simply parroted that
information -- and now one of the group members wants to
know WHICH law expressly prohibits an FBO from inhibiting
an owner's ability to fuel his plane.


Its probably not the FBO forbiding it, but the airport owner.

This is rule for our county airports.

"No person may conduct self-fueling activity on the airport without securing
a permit from the Airport Authority."

Read the rules, and the 10 page permit, at
http://www.countyairports.org/documents.htm in the Regulatory section. Let
us know if the Grape would pass muster for self-fueling.

http://www.faa.gov/arp/aal/Sponsor%20Guide/append4e.doc
f. It will not exercise or grant any right or
privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from
performing any services on its own aircraft with its own
employees [including, but not limited to maintenance,
repair, and fueling] that it may choose to perform.


...



23. Exclusive Rights. It will permit no exclusive right
for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public.
For purposes of this paragraph, the providing of the
services at an airport by a single fixed-based operator
shall not be construed as an exclusive right if both of the
following apply:

a.. It would be unreasonably costly, burdensome, or
impractical for more than one fixed-based operator to
provide such services, and
b.. If allowing more than one fixed-based operator to
provide such services would require the reduction of space
leased pursuant to an existing agreement between such single
fixed-based operator and such airport.
It further agrees that it will not, either directly or
indirectly, grant or permit any person, firm, or
corporation, the exclusive right at the airport to conduct
any aeronautical activities, including, but not limited to
charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial
advertising and surveying, air carrier operations, aircraft
sales and services, sale of aviation petroleum products
whether or not conducted in conjunction with other
aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which
because of their direct relationship to the operation of
aircraft can be regarded as an aeronautical activity, and
that it will terminate any exclusive right to conduct an
aeronautical activity now existing at such an airport before
the grant of any assistance under Title 49, United States
Code.


"Jay Honeck" wrote in message
oups.com...
| For years, now, I've read that it's illegal for an FBO or
airport to
| forbid aircraft owners from fueling their own planes. In
another
| group, I simply parroted that information -- and now one
of the group
| members wants to know WHICH law expressly prohibits an FBO
from
| inhibiting an owner's ability to fuel his plane.
|
| Is there such a law? If so, what's it called?
| --
| Jay Honeck
| Iowa City, IA
| Pathfinder N56993
| www.AlexisParkInn.com
| "Your Aviation Destination"
|

23. Exclusive Rights. It will permit no exclusive right
for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public.
For purposes of this paragraph, the providing of the
services at an airport by a single fixed-based operator
shall not be construed as an exclusive right if both of the
following apply:

That's the rule Jay is looking for!

The right to fuel your own airplane with fuel you brought in from
elsewhere may also be covered by "common law". After all, it is your
property and your airplane. So long as you are not unsafe, it is your
right. Such a law would be akin to a company requiring you to fuel up
your car at the company pumps or you couldn't live in the company
housing or work at the company. Or being required to buy a Chevy if you
worked at Cheverolet. Such laws are not legal.

Jay.. it is in the Federal Airport Funding documents.. Sponsor Assurances
you can self service on fuel..
the fueling system must pass Federal and local safety standards which
normally cover.. grounding.. fire extinguishers etc.. no fueling inside
hangers or when thunderstorms are present.. and it can also cover training
requirements of the fuel handlers (you and the mrs) and also EPA
requirements for absorbant material on hand in the event of a spillage..
goverened by the amount of fuel the "grape" can hold.

5 gallon gas cans, approved by DOT or which ever gov't agency, and poured
through a filtering cloth with a fire bottle near by is the minimum to meet
those rules. Your "Grape" would require at least 2 fire bottles, pumps,
approved hoses and emergency shut off capability.

BT
http://www.faa.gov/airports_airtraff...assurances.pdf

http://www.faa.gov/airports_airtraff...ct=obligations

"Jay Honeck" wrote in message
oups.com...
For years, now, I've read that it's illegal for an FBO or airport to
forbid aircraft owners from fueling their own planes. In another
group, I simply parroted that information -- and now one of the group
members wants to know WHICH law expressly prohibits an FBO from
inhibiting an owner's ability to fuel his plane.

Is there such a law? If so, what's it called?
--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com
"Your Aviation Destination"

On 14 Jul 2006 21:59:48 -0700, "Doug"
wrote in . com::

The right to fuel your own airplane with fuel you brought in from
elsewhere may also be covered by "common law". After all, it is your
property and your airplane.

True, but you may have signed away that right on your hangar/tiedown
agreement with the airport operator.

So long as you are not unsafe, it is your right.

Hence the airports licensing requirement, probably mandated by the
airports indemnification policy.

Such a law would be akin to a company requiring you to fuel up
your car at the company pumps or you couldn't live in the company
housing or work at the company. Or being required to buy a Chevy if you
worked at Cheverolet. Such laws are not legal.

The FAA regulation cited by Macklin seem to cover that potential
issue.

My 2¢

| True, but you may have signed away that right on your
hangar/tiedown
| agreement with the airport operator.
Such a clause is invalid if the airport has taken federal
money... any person has the right to repair or fuel their
own airplane.



"Larry Dighera" wrote in message
...
| On 14 Jul 2006 21:59:48 -0700, "Doug"

| wrote in
. com::
|
| The right to fuel your own airplane with fuel you brought
in from
| elsewhere may also be covered by "common law". After all,
it is your
| property and your airplane.
|
| True, but you may have signed away that right on your
hangar/tiedown
| agreement with the airport operator.
|
| So long as you are not unsafe, it is your right.
|
| Hence the airports licensing requirement, probably
mandated by the
| airports indemnification policy.
|
| Such a law would be akin to a company requiring you to
fuel up
| your car at the company pumps or you couldn't live in the
company
| housing or work at the company. Or being required to buy
a Chevy if you
| worked at Cheverolet. Such laws are not legal.
|
| The FAA regulation cited by Macklin seem to cover that
potential
| issue.
|
| My 2¢