Banning mogas at the airport...

| 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¢

"Jim Macklin" wrote in message
news:jy0ug.71144$ZW3.6708@dukeread04...

| 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¢



Thanks for the documents Jim, you are good at this.

Can they charge a "fuel flowage fee" on your own gas?

Al G

Al wrote:



Can they charge a "fuel flowage fee" on your own gas?

Yes, this is quite common. Around here 5¢ a gallon is the norm.

I doubt that they can tax you on product you already own.
But there are 50 states and 50 sets of laws.

Both the AOPA and the EAA have people who handle such
matters. The EAA is particularly interested because they
have the STC for mogas.

www.aopa.org www.eaa.org


--
James H. Macklin
ATP,CFI,A&P


"Al" wrote in message
...
|
| "Jim Macklin" wrote
in message
| news:jy0ug.71144$ZW3.6708@dukeread04...
|
| | 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¢
|
|
|
| Thanks for the documents Jim, you are good at this.
|
| Can they charge a "fuel flowage fee" on your own gas?
|
| Al G
|
|

Jim Macklin wrote:

I doubt that they can tax you on product you already own.
But there are 50 states and 50 sets of laws.

A flow tax is very common. There are many times more than 50 sets of
laws. This is a local matter.

There are Federal, state, county, township and city laws,
and then there are boards and commissions that has
regulations, so maybe there are 50,000 plus possible
combinations of laws, piled layer upon layer.
The state law must allow "home rule and taxing powers" to
the government subdivisions. Then the appropriate agency
must propose and vote on the new tax. It must be done
follow the administrative procedures laws of the state and
the subdivision. And then in order to challenge the tax, a
person who has paid the tax must file a law suit in the
proper court seeking an injunction. Then you may or may not
have a hearing.

But if you don't complain the tax becomes accepted and any
late complaints will likely be ruled moot.


--
James H. Macklin
ATP,CFI,A&P

"Newps" wrote in message
...
|
|
| Jim Macklin wrote:
|
| I doubt that they can tax you on product you already
own.
| But there are 50 states and 50 sets of laws.
|
| A flow tax is very common. There are many times more than
50 sets of
| laws. This is a local matter.

Jim Macklin wrote:


But if you don't complain the tax becomes accepted and any
late complaints will likely be ruled moot.

A flow tax is generally not contested as almost always the money is used
at that airport for improvements. Rarely does the money end up in some
city's general fund.

Any tax that is not legally justified and properly enacted
should be protested on "principle." The airport use taxes
collected on airline passengers was intended to be spent on
ATC, runways, ramps and other infrastructure. A lot of it
was spent on new airline terminals, including nice statues
and art work.


--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.
some support
http://www.usdoj.gov/olc/secondamendment2.htm
See http://www.fija.org/ more about your rights and duties.


"Newps" wrote in message
. ..
|
|
| Jim Macklin wrote:
|
|
| But if you don't complain the tax becomes accepted and
any
| late complaints will likely be ruled moot.
|
| A flow tax is generally not contested as almost always the
money is used
| at that airport for improvements. Rarely does the money
end up in some
| city's general fund.