Section I
DEFINITIONS AS USED IN THE MINIMUM STANDARDS
AGENCY The
V ermont Agency of
Transportation.
AIR CARGO OPERATOR An operator providing only freight and/or
mail transportation services for compensation or hire.
AIRPORT A Vermont state owned Airport.
COMMERCIAL AERONAUTICAL ACTIVITIES Any one or a combination of
the following aeronautical services performed in full compliance with the
specific activity standards nereinafter set forth.
A. Full Service Fixed Base
Operation
B. Limited Service Fixed
Base Operation
C. Aircraft
Maintenance, Overhaul, and Parts Shop
D. Specialized Commercial Flying
Service
E. Specialized Aircraft
Repair Services
F. Scheduled Air
Carriers and Air Cargo Operators
G.
Commercial Aircraft Hangar Storage Operations
Any other activities not specifically provided for in the
minimum standards will normally be subject to negotiation.
COMMERCIAL AVIATION OPERATOR See OPERATOR.
FIXED BASE OPERATOR (FBO) An Operator who provides multiple
aviation services at an airport, as further defined under "Operator", below,
and in Section V, Minimum Standards.
MINIMUM STANDARD A guideline for the provision of required and
permitted services which must be met or exceeded as specified in Section V
herein.
OPERATOR A Commercial Aviation Operator, who is a person or
persons, firm, or corporation, engaging in a Commercial Aeronautical Activity
based at the Airport which involves, makes possible, or is required for the
operation of aircraft, or which contributes to or is required for the safety of
such aircraft operations, the purpose of such activity being to secure
earnings, income, compensation, or profit, whether or not such objective or
objectives are accomplished.
SCHEDULED AIR CARRIER An Operator providing scheduled passenger
air transportation services for compensation or hire.
SECRETARY The Vermont Secretary of Transportation.
Section II GENERAL
STATEMENT OF POLICY
In order to promote and develop general aviation, air
transportation, and related aeronautical activities at Vermont's state owned
airports, and acting in accordance with Vermont Statutes Annotated. Title 5,
Sections 203-205, the Secretary of the Vermont Agency of Transportation hereby
establishes certain policies, standards, and requirements for Commercial
Aviation Operators at all Vermont State Owned Airports.
A fair and reasonable opportunity, without discrimination,
shall be accorded to all applicants to qualify/compete for available airport
facilities and the furnishing of selected aviation services, subject however,
to minimum standards as established by the Secretary and set forth herein and
entitled "Minimum Standards for Commercial Aeronautical Activities on Vermont
State Owned Airports". In all cases where the words "standards" or
"requirements" appear in the above-mentioned schedule of standards, it shall be
understood that they are modified by the word "minimum". All operators will be
encouraged to exceed the minimums; none will be allowed to operate under
conditions below the minimums.
Contingent upon the operator's qualifications, meeting the
established minimum standards, the execution of a written agreement with the
State of Vermont Agency of Transportation (hereinafter referred to as "Agency")
and payment as due of all rentals, fees, and charges, the Operator shall have
the right and privilege of engaging in and conducting the activity or
activities selected by the Operator on the Airport as specified by the written
contract. The granting of such right and privilege, however, shall not afford
the Operator the exclusive right of use of the premises and facilities of such
Airport other than those premises which may be leased exclusively to him in a
written agreement. The Agency reserves and retains the right of the use of such
Airport by others who may desire to use the same pursuant to applicable laws,
ordinances, codes, minimum standards, and other regulatory measures pertaining
to such use. The Agency reserves the further right to designate the specific
Airport areas in which single or combinations of aeronautical services may be
conducted. Such designation shall give consideration to the nature and extent
of the operation and the lands available for such purpose consistent with the
orderly and safe operation and future development of the Airport.
In any case of conflict between these Minimum Standards and any
previously adopted Vermont Aeronautical Rules and Regulations, these Minimum
Standards will take precedence. If any section of these Minimum Standards is
for any reason held to be invalid or unconstitutional by any court of competent
Ourisdiction, such decision shall neither effect nor impair any of the
remaining provisions
Section
III PREQUALIFICATION REQUIREMENTS
The prospective Operator shall submit to the Agency at its
offices at Montpelier, Vermont, at the time of the Operator's application the
following information and, thereafter, such additional information as may be
requested by the Agency:
A. Intended
Scope of Activities: A detailed description of the scope of the intended
operation and the means and methods to be employed to accomplish the
contemplated operating standards.
B. Financial Responsibility: A statement,
satisfactory to the Agency, in evidence of Operator's financial responsibility,
from a bank or trust company doing business in the State of Vermont or from
such other source that may be acceptable to the Agency and readily verified
through normal banking channels. The prospective Operator must also demonstrate
financial capability to initiate and maintain operations and for the
construction of improvements and appurtenances that may be required.
C. Pro-forma Financial Statement: A
projection of first year operating income and expense, prepared in accordance
with commonly accepted accounting practices.
D. Experience: The prospective Operator shall
also furnish the Agency with a statement of past experience in the specified
aviation services. Such experience shall not be less than the minimums
established for each of the respective individual aviation functions
involved.
Section IV
GENERAL REQUIREMENTS
A. Requirements of a
Written Agreement: Prior to the commencement of operations, the prospective
Operator will be required to enter into a written agreement with the Agency,
which agreement will recite the terms and conditions under which the Operator
will operate its business on the Airport. including, but not limited to, the
term of agreement; the rentals, fees, and charges; the rights, privileges, and
obligations of the respective parties; and other relevant covenants. It should
be understood, therefore, that neither the conditions herein contained nor
those set forth in the minimum standards represent a complete recitation of the
provisions to be included in the written agreement. Such contract provisions,
however, will not change or modify the minimum standards or be inconsistent
therewith.
B. Performance Bond:
Upon demand by the Agency, the prospective Operator shall, concurrent with the
execution by Operator of the aforesaid written agreement, furnish an acceptable
performance bond or cash deposit to the Agency, in an amount satisfactory to
the Agency.
C. Hold Harmless
Requirement: The Operator shall indemnify, defend and save the Agency and its
authorized agents, officers, representatives, and employees harmless from and
against any and all actions, penalties, liabilities, claims, demands, damages,
or losses whatsoever arising directly or indirectly out of acts or omissions of
the operator, its agents, employees, servants, guests, members, business
visitors, tenants, sublessees, partners or affiliates, and shall pay all
expenses in defending any claims made against the Agency by reason of the
operator's tenancy and activities on the Airport. A hold harmless provision
shall be included in all written agreements between the Agency and the
Operator.
D. Insurance: The
Operator shall procure and maintain, during the term of the Operator's
agreement, insurance of the types and in the minimum limits set forth as
determined by the Agency and outlined in the written agreements between the
Agency and the Operator. The insurance company or companies writing the
required policy or policies shall be licensed to do business in the State of
Vermont and, unless the Operator is otherwise directed by the Agency, the
Agency shall be named in the policy as an additional insured. The Operator
shall furnish evidence of compliance with this requirement in the form of an
insurance certificate acceptable to the Agency. The applicable insurance
coverage shall be in force during any construction of facilities for the
Operator and/or prior to the Operator's entry upon the Airport for the conduct
of business.
E. Compliance with
Laws, Etc.: The Operator shall at all times comply with all laws, ordinances,
codes, and other regulatory measures applicable to the specific type of
operation contemplated by the Operator. The Operator shall procure and maintain
during the term of the agreement all licenses, permits, and other similar
authorizations required for the conduct of the Operator's business
operations.
F. Miscellaneous
1. The prospective Operator may select one or
a combination of the aeronautical services covered by the minimum standards
outlined in this document. Where more than one Commercial Aeronautical Activity
is proposed, the minimum requirements will vary, dependent upon the nature of
individual services in such combination, but will not necessarily be cumulative
in all instances. Applicable minimum standards for Operators who plan to
provide combinations of services will be discussed with the prospective
Operator at the time of the Operator's application or otherwise during lease
negotiations.
2. The pertinent
minimum standards and requirements for any Commercial Aviation Operator, will
be predicated upon the nature of the Operator's initial business venture. If at
a later date the business is expanded to encompass new and additional types of
services under an appropriate operating agreement, then the minimum standards
established for these additional services shall immediately apply.
3. These Minimum Standards will govern all
commercial activities on Vermont State Airports unless determined in writing by
the Secretary, on a case by case basis, that an exemption is justified to best
serve the public interest.
4. The
Agency recognizes that certain Operators are presently conducting business on
Vermont State owned Airports and may occupy facilities or be conducting certain
operations not in compliance with these minimum standards. The operations of
such Operators shall be governed by individual lease provisions determined on a
case by case basis: however, any expansion of facilities or operations or any
relocation of facilities or operations on the Airport shall be in accordance
with these minimum standards.
5.
The prospective Operator is required to be registered to do business in the
State of Vermont with the Vermont Secretary of State prior to execution of the
agreement by the Agency.
Section V MINIMUM STANDARDS
The Minimum Standards For Commercial Aeronautical Activities
outlined in this document are not intended to be all inclusive. as the Operator
of a commercial venture who is based on the Airport will be subject to
applicable laws, codes, ordinances, and other similar regulatory measures,
including Airport rules and regulations pertaining to all such
activities.
A written agreement, properly executed by the Agency and the
Operator, is a prerequisite to tenancy on the Airport and the commencement of
any operations thereon. The contract provisions however, will be compatible
with the minimum standards herein contained and will not change or modify the
standards themselves.
Information relative to rentals, fees, and charges applicable
to the several aeronautical services included herein will be made available to
the prospective commercial operator by the Agency at the time of application or
during the contract negotiations.
The following schedules set forth the minimum standards for an
operator engaging in one or more selected commercial aeronautical activities at
Vermont State Owned Airports:
A. Full
Service Fixed Base Operation
1. Minimum
Services Required
a. Tie-down and hangar
storage for general aviation aircraft, both itinerant and local.
b. Adequate ramp service, including deicing
and preheating for general aviation aircraft users, with a qualified attendant
available on the ramp seven (7) days a week, eight (8) hours a day.
c. Sale of aviation gasoline, fuel, oils and
lubricants of kinds customarily sold to general aviation aircraft
users.
d. Maintenance, repair and
servicing of general aviation aircraft, aircraft engines and parts.
e. Maintenance of adequate inventory of the
necessary aircraft parts and accessories to maintain, repair and service
general aviation aircraft.
f.
Flight training.
g. Aircraft rental
business.
h. Operation of Aviation
Advisory Radio Station (UNICOM), if requested by Agency.
2. Services Permitted
Privileges which may be exercised by a full service fixed base
operator shall include, but not-necessarily be limited to:
a. Sale of new of used aircraft.
b. Non-scheduled aircraft charter
operations.
c. Operation of
specialized commercial flying service.
d. Operation of specialized aircraft repair
service.
3. Minimum Land
and Improvement Requirements
a. The minimum
ground leased and operational area for a full service fixed base operation
shall be 14,000 square feet.
b. The
minimum facilities required shall be as follows:
(1) One hangar, not less than 2.500 square
feet.
(2) Office building (either
separate or adjoining) adequate to house an office, pilot's lounge, a public
waiting room, lounge area, telephone, sanitary public restroom facilities, and
adequate shop area.
(3) Paved ramp
area of not less than 5,000 square feet with access to hangar.
(4) Adequate tie-down area (to accommodate
not less than ten (10) aircraft of which at least three (3) shall be designated
for itinerant and seven (7) for local general aviation aircraft), and wash
area.
(5) Adequate customer can
parting, as approved by the Agency.
4. Minimum Prior Experience
A minimum of three (3) years satisfactory prior experience in
the business of fixed base operations or such other related business as may be
determined acceptable by the Agency in lieu thereof.
5. Minimum Public Service Hours
Seven (7) days a week, eight (8) hours a day, as approved by
Agency, with a qualified attendant.
B. Limited Service Fixed Base Operation
1. Minimum Services Required
a. Adequate hangar storage for
aircraft.
b. Flight
Training.
c. Aircraft rental
business.
2. Services
Permitted
Any of the following additional services may be provided by a
limited service fixed base operator.
a. Sale of new or used aircraft.
b. Non-scheduled aircraft charter
operations.
c. Operation of
specialized commercial flying service.
d. Ramp services, including preheating and
deicing.
3. Minimum
Requirements
Adequate hangar, ramp, office, and public service facilities;
adequate prior experience; adequate hours of operation.
C. Aircraft Maintenance, Overhaul,
and Parts Shop
1. Services Required and
Limited To:
a. Maintenance, repair and
servicing of aircraft, aircraft engines and parts.
b. Availability of adequate inventory of the
necessary aircraft parts and accessories to maintain, repair and service
aircraft.
2. Minimum
Requirements
Adequate hangar, ramp, office, and public service facilities;
adequate prior experience; adequate hours of operation. At least one employee
shall be a licensed airframe and power mechanic.
D. Specialized Commercial Flying Service
1. The following individual operations are
classified as a specialized commercial flying service:
a. Sightseeing flights
b. Crop dusting
c. Banner towing and aerial
advertising
d. Aerial photography,
mapping, or survey
e. Aerial
firefighting
f. Power line or
pipeline patrol
g. Glider
operations
h. Sale of new or used
aircraft
2. Minimum
Requirements
Adequate hangar, ramp, office, and public service facilities;
adequate prior experience; adequate hours of operation.
E. Specialized Aircraft Repair
Services
1. The following individual
operations are classified as a specialized aircraft repair service:
a. Repair of aircraft radios
b. Repair of aircraft propellers
c. Repair of aircraft instruments
d. Repair of aircraft accessories
e. Aircraft paint shop
f. Aircraft upholstery shop
g. Aircraft restoring and
refinishing
2. Minimum
Requirements
Adequate hangar, ramp, office, and public service facilities;
adequate prior experience; adequate hours of operation.
F. Scheduled Air Carriers and Air
Cargo Operators
Minimum requirements will be determined on a case by case basis
and outlined in the agreement governing the operation between the Agency and
Operator. Where a public terminal is located on the airport, a passenger
carrying Operator will operate from such terminal and the agreement will
provide for the Operator's use of terminal facilities.
G. Commercial Aircraft Hangar Storage
Operations
1. The following can be classified
as commercial aircraft storage operations:
a.
Commercial use hangars (includes condo hangars) constructed for lease or sale
to others.
b. Private use hangars
(includes individually owned condo hangars) constructed originally for hangar
owner's personal aircraft, but converted by written agreement with the Agency
for use by others.
2.
Minimum Requirements
a. Adequate hangar and
ramp space to accommodate the proposed operation.
b. A copy of the proposed rental agreement
between the proposer and Agency lessee, if applicable, including rates and
charges.
H.
Limitations on Commercial Aviation Operators
1. Any commercial aviation operators other
than full service fixed base operators will be strictly prohibited from
engaging in the following activities.
a. The
sale of fuel for use in aircraft.
b. The rental of aircraft tie-down spaces to
any person or persons, firm or corporation.
2. Any Operator (excluding Scheduled Air
Carriers or Air Cargo Operators who may provide the following for their own
aircraft and/or personnel) who desires to provide any one or a combination of
the following services from the Airport shall either:
(1) be required to enter into a full or
limited service fixed base operator agreement with the State and meet the
minimum standards outlined herein, or
(2) enter into an Agency approved operating
agreement with a tenant who has a valid full or limited service fixed base
operator agreement on the Airport. Such agreement must receive the prior
written approval of Agency.
a. Flight
training
b. Non-scheduled aircraft
charter operations
c. Aircraft
rental and lease
d. Ramp service,
including deicing and preheating
These Minimum Standards for Commercial Aeronautical Activities
on Vermont State Airports are hereby adopted on this.... day of .....,
19.
STATE OF VERMONT
AGENCY OF TRANSPORTATION
By:....
Acting Secretary
