Haw. Code R. § 19-17.1-3 - Application for Space Permit

(a) Any person desiring a small plane hangar, tie-down space, or any other small aircraft space at a public airport shall submit a written application in person or by mail together with a filing fee of $15 for each type of aircraft space desired (i.e., hangar building, T-hangar, hangar lot, tie-down, helicopter pad) to the district airport manager of the appropriate airport. The application may contain a request for more than one type of aircraft space but the $15 filing fee for each requested space must also be tendered. The application shall contain the name, mailing address, and telephone number(s) and signature of the applicant, as well at the type, model, and Federal Aviation Administration registration number of the aircraft if the applicant has possession and ownership of an aircraft. If the applicant does not have an aircraft, the applicant shall indicate the type, model or make of the aircraft applicant is considering obtaining. The applicant is responsible for keeping all information (i.e., telephone number, mailing address, etc.) on the application current at all times.

(b) The department will date stamp each completed application conforming with subsection (a) when it is received. The filing date of the completed application shall establish the applicant's position on the respective waiting list(s) which shall be established and maintained for each public airport as needed. Each district airport shall maintain and make available to interested parties the waiting list showing the information required by this subsection and subsection (a) of this section. An application will expire one year after its filing date and will be voided and applicant name deleted from the waiting list after a 30-day grace period from date of expiration. An application may be continued for another year, without payment of $15 filing fee provided the airport manager maintaining the application receives a written request prior to its expiration. The request for continuation shall indicate which type of aircraft space is being continued under the application.

(c) When a vacancy of a small aircraft space occurs, the airport district manager shall first notify the applicant with the earliest filing date of application for that type of space by certified mail at the address provided on the application. If the certified mail is returned unclaimed or not deliverable, the airport district manager shall delete the applicant's name from the waiting list, the 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 waiting 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 appropriate size or the Director can assign the applicant to another space pursuant 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 district manager that the applicant is qualified and eligible for the available space, the airport district manager shall offer the available space for rental under the terms, conditions and at the fees and rentals existing at that time. Within fourteen (14) calendar days from receipt of the offer to rent, the applicant shall furnish the airport district manager the Federal Aviation Administration's aircraft certificate of registration, certificate 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.

Notes

Haw. Code R. § 19-17.1-3

[Eff FEB 11 1991] (Auth: HRS § 261-12) (Imp: § 261-7)