HAR §19-17.1-21. Revocation of permit

Historical note. 7his chapter is based substantially on chapter 19-17, Hawaii Administru~ive "rtules, entitled ''Small Plane Hangar Uni-:.s a-:. P'-"blic Airports". (Eff 05/22/76; R 06/12/81} 17.1-1 §19- 17-l.l 519- 17.1- l Policy . Small plane hangars and ::ie-down spaces are provided primarily !or the storage and maintenance of active airworthy airc;aft. 519-17.1-2 Defini;ions. As used in this chapter, unless the context clearly i ndicates otherwise: "Aircraft" means air planes, lirships, dir igibles, helicopters , gliders, amphibian~ . seaplanes, and other contrivance now o r hereafter usea for the navigation of or flight i n air space. "Airworthy aircraft" means any aircraft that i s operative and is safely able to taxi , take-off, fly and land. "Department" means the departl:lent of transportation of the State of Kawaii. "Director" ::~e ans t:he director of t~ansportation or his authorized reoresentative. "Kanqar" means (1) any building owned by the State and deemed suitable by the department for the storage of and maintenance of air craft; or (2) hangar lot; or (J) '!'-hangar. "Kangar lot" means an open paved or unpaved land area designated for ::he storage and maintenance of aircraft or for the construction or installation of a building to be used or for the storage and maintenance of ai rcraft. "Person" means any individual, firm, partnership, corporati on, trust, association, company, joint venture, or any other lega l entity (including any assignee, receiver, trustee, employee, or other similar representative), or the Unit ed States of Amer1ca, or any forel~n government , or the United Nations . ''Public airport'' means that area of land and water under governmental jur isdiction which is used for landing and taking-off of aircraft, any appurtenant areas which are used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and fac~lities located thereon. "State" oeans the State of Hawaii. "T Hangar" ~eans a small plane hangar i nstalled ty the State. ''Tie-Down'' means any portion of a public a i rport designated temporarily or permanently by ~he Director (or the parkinq or storage of small aircr3ft. (Eff FEB I !19911 (Auth: HRS §261-12) (Imp: HRS §261-7) 17.1-2 519-17.1-3 519- 17.1-J Application t cr Space Permi; . (a ) Any parson desiring a small plane hangar, ~ie-down space, or any o~~er small aircraft space at a public a irpor~ shall submit a written application in person or by mail tog~:her with a t iling fee o! $15 tor each type of aircraft space desired (i.e., hangar building, T-hanqar, hangar lot, tie-down, helicopter pad) to the cl.istrict airport 111anager ot the appropriate a irpor: . The application may contain a request !or mora than one type ot aircraft space but the $15 tiling tee t or each requested space must also be tendered. The application shall contain the name , mailing address , and telephone number (s) and signature o! the applicant, as well at the type , :~odel, and r':ieral Aviation Admin!.stration rec;i.s -::rat!on nu.::l;)er o! t .he aircraft i t t!:e applicant has possession and ownership ot an aircra!:. I! the applicant does not have GD aircratt, :he applicant shall indicate t he type, modal or make o! the aircra!: applicant ~s considering obtaining. The a?plicant :s responsible tor keeping al l into:nation (i. e ., te l ephone null\ber, mailing address, etc.) on the application current at all t imes. (b) The department wil l date stamp each completed application conforming with subseceion (a) when it is received. The filinq date of the co~pleted application shall establish the applicant's position on the respective waitinq list(s) which shall be established and main~ained tor each public airport a s needed. !ach d~stric~ airport shall maintain and make available t~ interest~d p~rties the waiting list showing tr.e i~!o~a t~c n required by this 3ubse~tion ar.d subsectio~ (a) ot this section. .~.n application will expire one year after i ts filinq date and will be voided and applicant name deleted fro~ the waitinq list after a JO-day grace period from data ot expiration. An application cay be continued tor another year, without pa~ent o! SlS tilinq ,!ee provided the airport manager maintaining the application receives a written request prior to its expiration. The request !or cor.tinu~tior. shall indicate which type of aircraft space is beinq continued under the application. (c) When a vacancy o! a small aircraft space occ~rs, the airport district manac;er shall firs: noti!y the app~ican: with the earliest !ilinq date of appli cation tor that type ot space by cer -::ifie ~ :ail a: the address provided on t he application. !! t he certified mail is returned unclaimed or not deliverable, the airport district r.anaqer shall delete t he applicant ' s name fro~ the waitinc; lis:. the l7.l-J §19-17.1-J applicant's application for that space will be voided, and the available space offered to the next eligible applicant. An applicant whose name has been deleted from the waiting list pursuant to this subsection may apply and be placed at the bottom of the ~aiting list. (d) Upon receiving notice, the applicant must respond in writing within fourteen (14) calendar days of receipt of the certified letter of his or her intention to accept or decline the space, if offered. If applicant does not respond within fourteen days or declines the offer, the airport district manager shall contact the next eligible applicant as prescribed in subsection (c) of this section, the applicant shall be deleted from the waiting list. If an applicant who is deleted from the waiting list submits a new application, applicant will be placed on the bottom of the wait list. Filing fee of $15 will be assessed for each new application. (e) If the applicant accepts the available space, the applicant must: (1) meet all of the prerequisites to be issued a lease or permit by the State in accordance with chapters 171 and 261, HRS, and the Department's rUles, and (2) present evidence that the applicant is the registrant of a certificated airworthy aircraft, and (3) receive the airport manager's approval that the aircraft is appropriate for storage in the available space within fourteen (14) calendar days from the date of the applicant's acceptance. However, if the applicant's aircraft is under repair, in shipment, or under construction at that time, then the Director can grant a conditional waiver to allow the processing of a permit with the requirement that the applicant must have the aircraft certificated and airworthy within six (6) months of the effective date. If the applicant has fulfilled all of the above requirements, but due to the size, features or operational characteristics of the aircraft, the aircraft may be inappropriate for the available space, the applicant may decline the offer and still remain on the top of the waiting list for the next vacancy of the appro~riate size or the Director can assign the applicant to another space pu~suant to Section 19-17.1-6. An applicant that does not meet or satisfy the requirements set by this subsection will be deemed ineligible for the space and the applicant's name will be deleted from the waiting list, the applicant's application for that space will be voided and the space shall be offered to the next eligible applicant. (f) Upon the determination by the airport distric~ manager that the applicant is qualified and eligible for the available space, the airport district manager 17. 1-4 519-17.1-3 shall offer ehe available .space .for. rene~~ under t~e terms, conditions and at the .!ees and rentals existing at that time. Within fourt~en (1 4) . calendar days from receipt of the otter to rent; the applicant shall furnish the airport district manager the Federal Avi ation Administration's a ircraft ·certi!icate of registration, certiticaee of airworthiness, log books or photocopy of the page in the log book that shows the latest annual inspection, administrative fee, security deposit, and sign and return any permit provided. (Eff FEB 1 !1991 ) (Aueh: HRS 5261-12) (!l:lp: §261-7) 519-17.1-4 Hangar and Tie-Down Space Permits riot Transferable. Hangar and tie-down· space permits snall noe te tra~sferable. A permit bolder in good stand i ~g =ay replace one owned aircraft with anoeher .owned aircraft and retain his hangar rights provided ~hat the permie holder shall noeify the airport cperaeor within Cive days. Hangar and tie-down space per:ies shall not pass with the ownership of an aircraft. ( F.f! FEB 1!19911 (Auth: HRS §2.61-12} (I:p: HRS 5261-7) . S19-l7 .1-5 Subles:-::ing. Subles:ting hangar space is prohibited. A permit holder muse be a reoistrant c: an airworthy aircraft to retain his . har.gar o= tie-dc~r. :: igh::s. : E!! FEB 1 1 1991 ) (Auth: HRS §261-12) ( I::>p: HRS §261-7) Sl9-l7.l-6 Chance of Hangar a nd Iie-Q;wn Scacg ; ssiqnmen~. The director may change !:he assignmenc ( locas:ion) of hangar space or tie-down space deemed ~omparabl e by the director, to acco~odas:e repairs. improvements , maintenance , construction, e~ergencies, or when necessary duri ng a special event. Change of assignments may also be made to improve operator's use as deemed preferred by !:he Director. { F.Ct FeB 1 I 1991) (Auth: HRS §261-12) (Imp: HRS §261-i) Sl9-l7.1-7 Del inquent Rental; Penaltv. If a tenant is delinquent in rent and fai l s, after s:hirty days ' written notice, to comply with this chapter, the director ~ay, a!ter five days notice, move the aircraft and equipment to an open seorage area withous: liability for any damage thereto. Upon said relocation, s:he 17.1-5 Sl9-t7.>7 permit to occupy the hangar or tie-down space shall not be renewed and the airc"aft owner shall con~inue to be liable for tie- down f~es so long as the aircraft occupies public storage space. Payment of overdue fees shall not entitle the aircraft owner to return to a hangar or tie-down space. (Eft FEB 111991 ) (Auth: HRS §261-12) (Imp: HRS §261-7) §19-17 .1-8 General Liability I nsurance . General liability insurance in the amount of at least $500,000 shall be maintained by the permittee and kept in force throughout the life of the permit. ( r.u'FEB 1 11991 ) (Auth: HRS §261-12) (Imp : HRS 261-7)