[PA28235] Re: ethanol in mogas

  • From: jjhoneck@xxxxxxxxx
  • To: pa28235@xxxxxxxxxxxxx
  • Date: Mon, 17 Jul 2006 19:27:28 +0000

Here is some more info about pumping mogas at your airport: 

This from an attorney:

"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."

Also: 

One of the instructors who teaches for the AOPA CFI renewal 
seminars is named Bill Gunn, his full time job is for the 
State of Texas and he speaks about this issue at the 
seminars.  When he gets complaints about such issues, he 
tells the local city councils and airports boards that they 
must follow the contract and federal laws. 

Here is a link with each states' agency. 
http://www.nasea.org/state1.htm  

Pilot: Bill Gunn - Austin, TX 
Aircraft: N252MD, RV-4, Red 
Home Airport: Georgetown (GTU) 
--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com 
"Your Aviation Destination"




--- Begin Message ---
  • From: PilotKris@xxxxxxx
  • To: pa28235@xxxxxxxxxxxxx
  • Date: Sat, 15 Jul 2006 16:02:59 +0000
 

Wow Jay, You're just a wealth of missinformation.
 
Check with your Lawyer.
 
Those rules pertain to the granting of Exclusive Rights at  airports. They 
don't grant any special rights to pump your own gas. 
 
They can have rules that ALL must comply (including FBOs) that include  
safety, training, environmental issues, storage, etc., that can effectively 
shut  
down any MoGas dispensing on the field. 
 
The airport is completely within it's rights to say that fuel can only be  
dispensed by an appropriately licesened FBO. But you do have the right to open  
your own FBO (if another exists on the field). 
 
 
 
 
In a message dated 7/15/2006 4:26:59 AM Pacific Standard Time,  
jjhoneck@xxxxxxxxx writes:

It took some digging, but here it is:
 
***********************************************************
 
_http://www.faa.gov/arp/aal/Sponsor%20Guide/append4e.doc_ 
(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  airc raft, 
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.  
*********************************************************** 
Bottom line: If your airport accepted federal funding, EVER, they can't  deny 
you the right to fuel your own aircraft. 
Now they CAN come up with insurance "requirements" (similar to Lycoming's  
"no mogas" 'rule'), but those are easily worked around simply by making sure  
that your fueling set up meets state regulations, the way our "Mighty Grape"  
fuel truck does.  
Our state-compliant fuel truck cost a TOTAL of $2800 (including the  
professionally-made fuel tank and pump), and has saved us in excess of  $7000.  
 AND 
we get to use it as a pickup truck, so it's a win-win  all around.  
-- 
Jay Honeck 
Iowa City, IA 
Pathfinder N56993 
www.AlexisParkInn.com 
"Your Aviation Destination"


--------------  Original message from PilotKris@xxxxxxx: -------------- 


What Law is that exactly? 
 
 
In a message dated 7/14/2006 3:15:23 PM Pacific Standard Time,  
jjhoneck@xxxxxxxxx writes:

(Just back from a couple of days camping with the plane (and my son)  up on 
Madeline Island, out in Lake Superior.  If there is anyting  else that better 
illstrates the best use of a GA airplane, I don't know  what it is -- 2.2 hours 
from Iowa City to Lake Superior!)
 
(BTW: 90+ degrees, climb to 10,500 feet, cruise for over 2  hours on that 
horrible car gas.  Dang, if it didn't run  perfectly fine?  Amazing!  :-)
 
Anyway, your airport CAN NOT prevent you from bringing car gas to  fuel your 
own plane.  They are violating the law by doing so, and you  might point that 
out to your airport manager -- with a nice letter from  your attorney? 
--
Jay

Jay Honeck 
Iowa City, IA
Pathfinder  N56993
_www.AlexisParkInn.com_ (http://www.alexisparkinn.com/)  
"Your  Aviation Destination"


--------------  Original message from FlyboyEd@xxxxxxx: -------------- 


In a message dated 7/13/2006 10:05:29 A.M. Eastern Standard Time,  
mikegot2go@xxxxxxx writes:

Bringing gas to the airport sees like too much  work 


and my airport does not allow it.
 
Ed




 




 

--- End Message ---

Other related posts: