OPERATING RULES AND REGULATIONS



[pic]

RULES and REGULATIONS

With Change 1, approved by the Beverly Airport Commission 12/11/2017

INDEX

Page

Index 2

Statement of Intent 3 - 5

Enforcement and Appeals 6

Definitions 7-9

Airport Security 10-13

Commercial Operations 14 - 16

Aeronautical Operations 17 - 25

Vehicle Operations 26 - 28

Airport Fees 29 - 32

Personal Conduct 33 - 35

Approval 36

Record of Changes:

Change 1 Commercial Activity/Concessionaire Fee 12/11/17 31

STATEMENT OF INTENT

In compliance with Section 51 J of Chapter 90 of the General Laws of Massachusetts, and Beverly Airport Commission per Article II, Sections 3-28 of the Revised Ordinances of the City of Beverly, The Beverly Regional Airport Commission hereby establishes The Operating Rules and Regulations for The Beverly Regional Airport ("Airport"). The Beverly Regional Airport Commission as Airport proprietor, having the charge of operating, maintaining and developing the Airport with prudence and sound judgment, recognizes its responsibility to the citizens of the City of Beverly. While mindful of the impact Airport operations can have upon the environment and social well-being of the community, the Airport and its airspace shall be protected as an asset to the community having the primary purpose of facilitating air transportation. In accordance with the regulations of the Commonwealth of Massachusetts and the United States of America, the Beverly Regional Airport Commission establishes the Operating Rules and Regulations for The Beverly Regional Airport and the Minimum Standards for Commercial Operators. These documents shall not be construed to grant or authorize the, granting of an exclusive right to any operator(s). These documents are intended to clearly define what is expected of all persons and operators while on the Airport. Further, these documents ensure that those necessary and desirable services are continuously improving and available at the Airport, and that undesirable or unsafe conditions shall not exist due to the actions or inaction of others.

These Rules and Regulations replace the Operating Rules and Regulations for the Beverly Regional Airport Dated December 12, 2012.

Official copies of this Policy Handbook are on file with the applicable City offices as provided by law. The Airport Rules and Regulations shall be a part of all leases.

A. All users of, and persons on Airport Property shall be governed by these Rules and Regulations and directions of the Airport Manager. These Rules and Regulations are subject to change by the governing body of the City of Beverly Airport Commission (hereinafter called the Commission) at any time.

B. These Rules and Regulations are not intended to amend, modify or supersede federal, state, or local laws.

C. If any portion of these Rules and Regulations shall be invalid or unenforceable, all other portions shall remain in effect and be construed to achieve the purposes hereof.

D. Any person or persons who shall refuse to comply with these Rules and Regulations, after proper request to do so by the Airport Manager, shall be requested to leave the Airport Property and in the event of his or their failure to comply with a proper request to abide by the Rules and Regulations of the Airport Commission, shall be regarded as a trespasser.

E. The Airport Commission assumes no responsibility for loss, injury or damage to persons or property by reason of fire, vandalism, wind, flood, earthquake, collision, strikes, or acts of God, or of the public enemy; nor does it assume any liability for injury or property damage.

F. All persons shall conduct activities and render services upon the Airport Property in a safe, responsible, and efficient manner and shall be solely liable for having properly trained and instructed their agents and/or employees for such purposes.

G. Emergency conditions existing on the Airport Property will not mitigate or cancel any existing Rule or Regulation.

Airport Manager – Authority

The Airport Manager is vested with the authority to control the Airport and will maintain supervision of all activities on the Airport grounds subject to the rules and regulations adopted and promulgated by the Beverly Regional Airport Commission. It shall be his duty to enforce the provisions of this chapter. He shall have the right to deny the use of the Airport and related facilities to anyone upon violation of the provisions set forth by this chapter and the provisions of all rules and regulations adopted and promulgated by the Beverly Regional Airport Commission and shall enjoy the following powers delegated by the Airport Commission:

A. To enforce the regulations and laws established by the Beverly Regional Airport Commission, City of Beverly, Commonwealth of Massachusetts and the Federal Aviation Administration.

B. To carry out the established policies of the Beverly Regional Airport Commission.

C. To maintain and manage the Airport.

D. To prepare the budget for the Beverly Regional Airport for the consideration and approval of the Beverly Regional Airport Commission.

E. To exercise fiscal control over the budget, subject to policies established by the City of Beverly Mayor's Office and the Airport Commission.

F. To attend all meetings of the Beverly Regional Airport Commission with the right to take part in discussion, but with no right to vote.

G. To recommend to the Beverly Regional Airport Commission the adoption of such policies, regulations, and other measures as he/she deems necessary and in the best interest of the Airport.

H. To perform general supervision and surveillance over all activities at the Airport and to exercise the necessary judgment to close the Airport or limit activities in the interest of safety.

I. To perform such special duties as may be delegated to him by the Airport Commission.

ENFORCEMENT PENALTIES AND APPEALS

PENALTY CLAUSE

Any person, firm or corporation violating any of the provisions of these Articles shall upon conviction thereof be fined not less than ($10.00) ten dollars, nor more that ($500.00) five hundred dollars per violation. This is set forth in Chapter 90, Section 44 of the General Laws of the Commonwealth of Massachusetts.

Violations of these Rules and Regulations shall be promptly reported to the Beverly Regional Airport Commission through the Airport Manager. Based upon the seriousness of the infraction, the Commission may impose penalties such as monetary fine, temporary or permanent suspension of privileges, or suspension or revocation of privileges. The Airport Manager shall have the responsibility of enforcing these Rules and Regulations, and shall have the ability to take the above stated actions on a non-permanent basis until the next meeting of the Beverly Regional Airport Commission, without specific vote of the, Beverly Regional Airport Commission and in accordance with the General Laws and Regulations of the Commonwealth of Massachusetts. Notwithstanding any additional right to appeal, all appeals shall be made to the Chairman of Commission in writing prior to the next scheduled meeting of the Beverly Regional Airport Commission. All correspondence shall be provided by copy to the Airport Manager at the following address:

Beverly Regional Airport

Attn: Airport Manager

Terminal Building

50 LP Henderson Road

Beverly, MA 01915

Persons may make a written request for a special meeting of the Beverly Regional Airport Commission for the purpose of being heard on appeal. A special meeting shall only be granted if the penalty employed by the Manager involves the suspension of permits or privileges on a continuing basis. Special meetings will be scheduled in accordance with Commission’s availability, and in accordance with the open meeting laws.

DEFINITIONS

A. AERONAUTICAL SERVICES – Any service which involves, makes possible, or is required for the operation of aircraft, or which contribute to or is required for the safety of such operations

B. AIRCRAFT MOVEMENT AREA/AIRPORT OPERATIONS AREA (AOA) - shall mean the runways, taxiways, and other areas of the airport which are utilized for taxiing, takeoff, and landing of aircraft exclusive of loading ramps and parking areas.

C. AIRPORT - shall mean all land owned, land under easement, or land controlled by the Beverly Regional Airport Commission, including but not limited to the fixtures, roadways, parking areas, utilities, structures, runways, taxiways, ramps and aprons. including but not limited to land and interests in land, facilities for storage of air and space craft, navigation, and landing aids, taxiways, pads, aprons, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities and improvements necessary or convenient to the development and maintenance of airports and heliports, and the promotion and accommodation of navigation.

D. AIRPORT PROPERTY - as referred to or used herein means all property presently owned or acquired in the future by the City of Beverly Airport Commission.

E. AIRPORT MANAGER – Shall mean the Beverly Airport Manager duly authorized and appointed by the Beverly Airport Commission and charged with the duty to administer, maintain, protect, control, operate, and superintend the operation and maintenance of the Airport, airspace, property, equipment and employees. Supervise the other employees assigned to perform functions necessary or desirable for such operations or maintenance. (Acting directly or through his designated representatives).

F. AGRICULTURAL LANDS – Airport-owned property that is not presently needed for aeronautical use and available for agrarian purposes.

G. AUTHORITY - shall mean the City of Beverly Regional Airport Commission or the Airport Manager.

H. BEVERLY REGIONAL AIRPORT COMMISSION - shall mean the Beverly Regional Airport Commission, as appointed by the Mayor of the City of Beverly and confirmed by the City Council, to maintain and operate the Airport, and having the statutory powers created by Massachusetts General Law, Chapter 90.

I. BONDS - shall include notes, interim certificates, or other obligations of an authority.

J. COMMISSIONERS - shall mean the City of Beverly Airport Commission, as appointed by the City of Beverly.

K. COMMERCIAL OPERATOR – Shall mean a FULL SERVICE FBO or SASO.

L. COMMERCIAL OPERATIONS - Shall mean any activity that would basically render any service or function that produces revenue or valuable consideration to the person and/or persons or corporation providing the service including all operations of aircraft for commercial purposes or any type operation or activity being conducted on the Airport.

M. EXCLUSIVE RIGHTS – Shall mean the power, privilege or other right excluding or debarring another from enjoying or exercising a like power, privilege or right. An exclusive right may be conferred either by express agreement, by imposition or unreasonable standards or requirements, or by any other means. Such a right conferred on one or more parties by excluding others from enjoying or exercising a similar right or rights would be an exclusive right. The granting of an exclusive right to conduct a commercial aeronautical activity on an airport developed or improved with federal funds is expressly forbidden by law. The fact that a single business or enterprise is conducting most or all of the on-airport aeronautical activities is not, in itself, evidence of an exclusive rights violation. The fact that only one party pursued an opportunity to conduct the aeronautical activities would not subject the airport to an exclusive rights violation.

N. FAA – Federal Aviation Administration.

O. FLYING CLUB – Shall mean any non-profit association of persons, firm, corporation, or other legal entity organized for the purpose of owning any aircraft and/or intending to foster interest in aeronautics and to exchange or share mutual and social and educational experiences.

P. FULL SERVICE FIXED BASE OPERATOR (FBO) - Is defined as a person, partnership, limited liability company, corporation or other entity which is authorized and required by contract with the City of Beverly to provide, the minimum, Aeronautical Activities at the Airport listed under Commercial and Aeronautical Operations.

Q. GOVERNING BODY OF THE AIRPORT COMMISSION - shall be the City of Beverly Airport Commission, as appointed by the Mayor and City Council.

R. GROUND Vehicle - shall mean any form of powered or non-powered equipment having the primary purpose of transportation or recreation, intended for use on the surface of the ground.

S. MINIMUM STANDARDS – Shall mean the qualifications which are established herein by the Airport Owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the Airport.

T. NON-PERMITTED - shall mean any person engaged in commercial activities without having received authorization from the Beverly Regional Airport Commission for such activities.

U. OPEN AIR MAINTENANCE - shall mean the performance of maintenance in an area outside of a hangar or similar building, which is designed to house aircraft.

V. OWNER – Shall mean the Beverly Airport Commission/City of Beverly.

W. PERSON - shall mean any tenant, individual, firm, corporation, co-partnership, company association, association, partnership, joint stock association, or political body, or organization, either formal or informal.

X. SPECIALIZED AVIATION OPERATOR (SAO) - is defined as a Commercial Operator that provides one Aeronautical Activity services as listed under Commercial and Aeronautical Operations.

Y. STATE - shall mean the State of Massachusetts.

Z. TENANT - shall mean any person, who has entered into a lease or agreement with the Beverly Regional Airport Commission.

AA. ALL OTHER WORDS OR TERMS: The definitions set forth in the regulations promulgated by The Federal Aviation Administration, are hereby adopted and incorporated by reference

AIRPORT SECURITY

Duty to Report

Everyone on the Airport has a duty to report anything that they may determine to be a security violation. Everyone is encouraged to report any strange persons or activities to the Airport Manager or his designee. In their absence report the situation to the Beverly Police Department.

ACCIDENTS, including aircraft accidents, resulting in damage to property or personal injury requiring professional medical treatment must be reported in person or by telephone to the Airport Manager’s office except in the case of after-hours, weekends, and holidays when the local police should be contacted.

ANIMALS required for assistance to blind, hearing-impaired or security enforcement persons are permitted on the airport. All other animals, domestic or exotic, are prohibited from airport-restricted areas. Domestic dogs are permitted in other public areas of the airport when restrained by leash and kept completely under control.

NON-TENANT commercial activity of any kind, involving the tender of money or barter, requires the written authorization of the Airport Manager and payment of fees as required.

1. FENCE

a. No person shall climb, jump or in any manner traverse any fence to gain access to the airport.

b. Report any damaged areas

2. ACCESS TO AIRPORT GROUNDS

a. The only areas of the airport to which the general public may have privileged access are:

b. The access roads leading from LP Henderson Road.

c. The vehicle parking area adjacent to the Terminal Building, and the non-leased areas of the Terminal Building.

d. All other areas of the Airport are deemed off-limits and unauthorized areas to the general public.

e. The Beverly Regional Airport Commission or Manager may immediately revoke such privileged access from any person, when in the judgment of the Beverly Regional Airport Commission or Manager; the conduct of the individual is deemed a hindrance to the safe or orderly operation of the airport. Such conduct will cause those person(s) to be immediately removed from the Airport. No person shall, at or upon the airport, do or omit to do any act if the doing or omission thereof endangers or is likely to endanger persons or property.

f. No person shall abandon any personal property in or about any area at the airport.

g. No person shall commit any breach of the peace or engage in any conduct that is contrary to the public interest or detrimental to the interests of the airport. By way of example and not limitation, this would include any violation of these rules and regulations or of any city ordinance or state or federal law.

h. Demonstrations by the general public or by any airport employees require written permission of the Airport Manager and will be conducted only in designated locations. Demonstrators who interfere with or impede the normal operation of the airport may be subject to arrest and/or expulsion from the airport.

i. Disorderly conduct or obscene acts will be punished to the full extent of the law.

3. CONDUCT

4. No persons shall walk, transit, or operate a ground vehicle on any runway, taxiway or aircraft apron unless authorized to do so by the Beverly Regional Airport Commission or the Manager. Authorization from the Control Tower for access to the Movement Areas is required during the Tower’s operational hours.

5. Except as authorized by law, no person shall enter the Airport for any purpose whatsoever, unless by prior permission of the Beverly Regional Airport Commission or Manager.

6. Employee background checks, if directed by FAA or MassDOT/Aeronautics Division, will be conducted on each employee engaged in public or private enterprise, when that employee has access to the Airport Operation Area (AOA).

7. Non-tenant literature distribution requires the authorization of the Airport Manager.

8. Restricted areas are established for safety and security reasons. Except for passengers enplaning or deplaning aircraft, the general public is prohibited from the AOA unless escorted by an authorized airport employee. The general public is also prohibited from all other areas of the airport posted as being restricted areas.

9. The Airport Commission in conjunction with City of Beverly ordinances establishes signage standards. No sign or advertisement or notice shall be displayed on the outside or inside of any structure on the airport unless authorized by the Airport Manager or otherwise approved as part of a lease or contractual agreement.

10. Storage of property or equipment of a non-aviation nature must have the written approval of the Airport Manager and/or Beverly Airport Commission.

11. Unless following the guidelines of the Transportation Security Administration (TSA), NTSB, FAA, MassDOT/Aeronautics Division, and City of Beverly, no person shall intentionally obstruct, delay, physically disturb or interfere with the movement of any other person on the airport. Law enforcement officers are exempt from this rule.

12. Hunting on airport property is prohibited except for the state and Airport Commission appointed wildlife control personnel.

13. FBO’s, tenants, and airport users are prohibited from bringing media onto any airport area other than their own leased premises without the permission of the Airport Manager and/or the Airport Commission.

14. SECURITY BADGING All employees that are required access to the Airport Operations Area must have a security badge issued by Beverly Regional Airport Commission/MassDOT.

a. SWIPE ACCESS BADGES (For new swipe cards when implemented)

1) Initial Issuance Badge Cost $25.00.

2) Replacement Badge Cost $35.00

b. IDENTIFICATION BADGE ONLY (Until replaced by swipe card badges)

1) Initial Issuance Free

2) Lost Badge Replacement $10.00

Unauthorized use of any security badge will result in a fine of $250.00. A second offense will result in a revocation of access privileges.

COMMERCIAL OPERATIONS

1. UTILIZATION

2. No persons shall utilize any portion of the Airport Property or any structure thereon, for any commercial activities except under terms of a lease, contract, or permit executed with the Beverly Regional Airport Commission.

3. No persons or corporation operating any facility on the Airport shall discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations, or any other applicable Federal, State, or Local regulation or Law.

4. ENVIRONMENTAL

a. Persons or corporations operating facilities on the Airport shall operate in such a way as to fully protect the Airport and its environs from any environmental pollution either through the air or water. They will abide by all rules, regulations, and administrative orders issued by the Massachusetts State Department of Environmental Protection or any other state or local agency responsible for environmental pollution. Also, they will obey all rules, regulations, and orders relating to environmental pollution promulgated by the Federal Government, and specifically those promulgated by the Federal Government, and specifically those promulgated under Public Law 91-258, 91st congress, entitled "Airport and Airway Development Act of 1970." Should the Authority be required by any department of the Federal Government to take any action in order to be eligible for any federal funds and this action relates to the property leased hereunder, and then these persons and/or corporations will at their own expense, take such action necessary to comply.

5. SOLICITATION

a. The soliciting of business, fares, money, clothes, food, and other things for any purposes on the Airport Property without the permission of the Airport Manager is prohibited.

b. No person shall post, distribute, or display signs, advertisements, circulars, printed or written matter on Airport Property or any structure thereon, without the permission of the Airport .Manager or in accordance with the provisions of a lease executed with the Beverly Regional Airport Commission. Any unauthorized solicitation or posting will be subject to immediate removal and discard by the Airport Manager without recourse.

6. STORAGE OF PROPERTY AND EQUIPMENT

a. Unless otherwise provided in a lease or other agreement, no person shall use any area of the Airport property for storage of property without the permission of the Airport Manager.

b. No tenant lessee on the Airport Property shall store or stock material or equipment in such a manner as to constitute a hazard to personnel, passengers of the carriers or property.

7. EXCAVATION AND BUILDING ALTERATIONS

a. No person shall make any excavation or alteration to a building structure upon the Airport Property without prior notification of same to the Beverly Regional Airport Commission or Airport Manager after having obtained written approval for such action.

8. LOST ARTICLES

A. Finders of a lost article shall turn the same into the Airport Authority office, during normal working hours. If the article is not claimed by its owner within sixty (60) days after it is deposited, it may be returned to the finder.

9. ALCOHOL

A. No person shall consume or distribute alcoholic beverages on the Airport Property, unless by prior written permission of the Beverly Regional Airport Commission.

B. Commercial Operators are permitted to stock alcoholic beverages for the use of passengers when on board an aircraft and in compliance of Federal Aviation Regulations.

10. DEGREE OF CARE

A. Any person visiting the Airport for the purpose of conducting business with the Beverly Regional Airport Commission or tenant shall exercise the highest degree of care in any area where aircraft are stored, parked or operating.

11. AERONAUTICAL OPERATIONS

1. OPERATIONS

All aeronautical activities at the Airport and all flying of aircraft departing from or arriving in the air space above the Airport shall be conducted in conformity with current pertinent regulations and directives of the Federal Aviation Administration, Massachusetts Department of Transportation Aeronautics Division and, to the extent applicable, with orders issued by the Airport Manager.

2. CLOSING AND USE OF AIRPORT

A. In the event the Airport Manager believes conditions to be unsafe for landings and take-offs, it shall be within his authority to issue a NOTAM or order closing the Airport, or any portion thereof.

B. The Airport Manager may delay or restrict any flight or other operations at the Airport and may refuse take-off clearance to any aircraft for any reason he believes justifiable.

C. Prior authorization from the Airport Manager is required before landing and takeoff is permitted on the Airport of air ships, dirigibles, and motor less aircraft.

D. No aircraft exceeding a gross weight of 55,000 lbs. shall be permitted to make a 180 degree turn on any asphalt runway or taxiway on Airport Property unless required to do so due to an operational necessity. The owner of an aircraft causing damage to the asphalt surface while executing an unauthorized 180 degree turn on a runway or taxiway on Airport Property shall be responsible for the cost of repair to the surface.

3. AIRPORT FACILITY DAMAGE

A. Any person damaging any light fixture or turf surface by operation of a vehicle or aircraft on airport property shall be fully responsible for any costs required to repair or replace the damaged facility.

4. DISABLED AIRCRAFT

A. The owner shall be responsible for the prompt disposal of aircraft wrecked or disabled on the aircraft movement areas of the Airport Property after the release by the National Transportation Safety Board and/or Federal Aviation Administration representatives. In the event the owner fails to promptly remove the wreckage, such wrecked aircraft and parts may be removed by the Airport Manager at the owner's expense and without liability for damage which may result in the course of or after such removal. The removal shall be at the Beverly Regional Airport Commission or Manager's discretion should it present a hazard or hindrance to operations.

B. The owner of unsightly "junk" or non-airworthy aircraft shall be responsible for the removal of same from the Airport Property with thirty (30) days, or sooner, if in the opinion of the Airport Manager that such creates a hazard to passengers, tenants or employees, unless the Beverly Regional Airport Commission or the Manager extends this period. Aircraft shall remain cowled at all times while not actively under repair, unless as may be approved by the Beverly Regional Airport Commission or Manager. Such approvals will be issued when the aircraft can be properly secured and protected from the elements and presents no hazard to adjacent aircraft, airport facilities or the environment. Extensions of this period shall not be renewed unless extenuating circumstances are demonstrated.

C. Any visibly non-airworthy aircraft shall be removed from the airport within 30 days. Any aircraft or vehicle rendered disabled by mechanical failure; accident or incident shall be removed

5. REPAIR OF AIRCRAFT

A. No person shall repair any aircraft, or component of an aircraft, in any area of the Airport Property other than that specifically designated for such purpose by the Airport Manager, except that minor adjustments may be done while aircraft is on a loading ramp preparatory to take-off when such adjustment is necessary to prevent a delayed departure.

B. The approval of such unplanned maintenance shall only be given in order to make a disabled aircraft transportable to an appropriate location for full repair. This restriction shall include all maintenance activity except those listed below, as allowed by FAR’s authorizing the minor repair and alteration by licensed pilots. These restrictions are meant to prevent hazards to the environment and the safety of personnel and aircraft.

1) Replacing elastic shock absorbers, not requiring jacking. Servicing landing gear shock struts. Replacing safety wire. Lubricating non- structural items not requiring disassembly. Making minor fabric patches or repairs not requiring dopes or paint. Replenish hydraulic fluids, not requiring bleeding. Installing or Re-installing: fairings, fillets, cowlings, or similar non-structural parts. Dry washing, polishing, waxing or similarly treating the decorative coating. Replacing side windows not requiring the extensive use of sealants. Replacing safety belts. Replacing seat or seat parts not requiring the disassembly of primary structures. Troubleshooting wiring or electrical problems. Replacing bulbs, reflectors, and lenses on position, anti-collision, taxi/landing lights. Replacing or cleaning or gapping spark plugs, not requiring solvents.

Replacing air hoses, including carburetor heat, avionics cooling, and air hoses. Replacing aircraft and ELT batteries. Replacement of nonstructural standard fasteners.

C.. All persons engaged in the maintenance, repair and servicing of aircraft shall do so in accordance with the rules and regulations of the Federal Aviation Administration, National Fire Protection Association Fire Codes, and Laws of the State of Massachusetts, City of Beverly Government, and The Beverly Regional Airport Commission, and other local government agencies that may be involved.

6. ENGINE RUN-UP

A. Aircraft shall not perform run-up or prolonged engine test operations in any area that would result in a hazard or nuisance to other aircraft, persons or property, and in no case adjacent to the terminal building.

B. No person shall start or run any engine in aircraft unless a competent person is in the aircraft attending the engine controls. Blocks shall always be placed in front of the wheels before starting the engine unless the aircraft is provided with adequate parking brakes.

7. DEMONSTRATIONS

No experimental flight or ground demonstrations shall be conducted on the Airport Property or in a traffic pattern without the express approval of the Airport Manager.

8. GOVERNMENT (PUBLIC) AIRCRAFT

Aircraft owned by a federal, state or regional government are exempt from both landing and parking fees. This shall not, however, obviate payment of landing area use charges.

9. TAXIING OF AIRCRAFT

A. Aircraft shall not be taxied into or out of any hangar.

B. Aircraft not equipped with brakes shall have an attendant at a wing when the aircraft is taxied near buildings or other aircraft.

10. NOISE ABATEMENT

A. All airborne vehicles operating in the vicinity of the Airport shall obey the Noise Abatement procedures of the Beverly Regional Airport Commission published for specific categories of aircraft, if such maneuvers may endanger the safety of fight. In the absence of specific procedures for turbine powered aircraft, the procedure published by the National Business Aircraft Association shall be adhered to.

12. FUELING OPERATIONS

A. No person may fuel or defuel an aircraft on the Airport Property while:

1. Its engine is running or is being warmed by applying external heat.

2. It is in a hangar or enclosed space.

3. Passengers are in the aircraft, unless a passenger loading ramp is in place at the cabin door, the door is open, and a cabin attendant is at or near the door.

B. No person may start the engine of an aircraft on Airport Property if there is any gasoline or other volatile flammable liquid on the ground underneath it.

C. No person may operate a radio transmitter or receive or switch electrical appliances on or off in an aircraft on the Airport Property while it is being fueled or defueled.

D. During the fueling of an aircraft on Airport Property, the dispensing apparatus and the aircraft must both be grounded in accordance common aviation fueling operating practices.

E. Each person engaged in fueling or defueling on Airport property shall exercise care to prevent the overflow of fuel, and must have readily accessible and adequate fire extinguishers.

F. During the fueling or defueling of an aircraft on Airport Property, no persons may, within 50 feet of the aircraft, smoke or use any material that is likely to cause a spark or be a source of ignition.

Each hose, funnel, or appurtenance used in fueling or defueling an aircraft on Airport Property must be maintained in a safe, sound and non-leaking condition and must be properly grounded to prevent ignition of volatile liquids.

G. Self-fuelers of private/corporate aircraft shall complete the following annual training conducted by a fuel supervisor who has completed an aviation fuel training course in fire safety acceptable to the FAA Regional Manager, and the Beverly Regional Airport Commission:

1. Grounding procedures

2. Local fire safety regulations

3. Use of fire extinguishers

4. Fuel spill procedures

Self-fuelers of private/corporate aircraft who have not been trained and who do not have a permit are not authorized to self-fuel aircraft on the airport.

I. Aircraft owners/operators who fuel private/corporate aircraft with fuel provided by the owner/operator shall possess a signed Self-Fueling Permit prior to self-fueling operations.

J. Self-fuelers of private/corporate aircraft shall only self-fuel their own aircraft, and only with their own forces.

K. Self-fuelers of private/corporate aircraft shall voluntarily report and remit

applicable fuel flowage fees to the Beverly Regional Airport Commission on a monthly basis.

L. Self-fueling of aircraft shall only be done in areas designated for such by the airport Manager.

M. The storage of refueling vehicles and the fueling of aircraft within hangar buildings is strictly prohibited.

N. Refueling vehicles shall be parked no closer than fifty (50) feet from any structure and no less than ten (10) feet apart.

O. All refueling operations, and storage of fuel, shall comply with the National Fire Protection Association Fire Codes, and Laws of the State of Massachusetts, the City of Beverly Government, and The Beverly Regional Airport Commission.

13. SELF FUELING

A. Those persons wishing to self-fuel utilizing Automotive Fuels in lieu of Aviation Fuels (Avgas) shall adhere to the following procedures and rules.

B. Self- fueling operations shall be governed by a permit issued annually by the Beverly Regional Airport Commission without fee. A permit must be issued for each aircraft registration number based at the airport wishing to utilize self-fueling operations in order to ensure that all such persons are adequately informed of those policies and procedures designed to minimize the environmental and safety hazards associated with such operations.

C. Operation restrictions.

1. Users must only refuel in those areas designated for such purposes.

2. The maximum allowable container size for transport and servicing shall not exceed (5) five US Gallons, and must be in a container approved for such use by the US Department of Transportation.

3. The transfer from the storage or supply tank of a ground-based vehicle is not permitted.

4. The storage of Avgas or Avgas in any building shall not exceed (5) five US Gallons

.

5. The use of electric pumps is prohibited.

6. Transportation of Avgas onto or off of the field must be done in accordance with the regulations established by the State of Massachusetts, the Fire Marshall, the Department of Transportation, and other appropriate authority.

7. The use of Automotive Fuels (MoGas) in lieu of Avgas shall be restricted to those certified aircraft which have valid and effective Supplemental Type Certificates (STC) authorizing Automotive Gas as a fuel and shall be issued in compliance with the conditions set forth in said STC

.

8. All Self-fueling operations shall be conducted in accordance with federal and state laws, rules, regulations, orders and advisories.

9. The quality of the fuel being received, stored, handled and dispensed shall be maintained to manufacturer’s specifications and in accordance with manufactures' guidelines and recommended practices.

14. SPILLAGE

A. In the event of spillage or dripping of petroleum products or any material on Airport Property which may cause a hazardous condition detrimental to the ground or pavement surface or an unsightly condition, the spillage or drippings same shall be removed immediately. The responsibility for the removal of such spillage or drippings shall be assumed by the operator of the equipment causing the same or by the tenant responsible for the deposit thereof.

15. HAZARDOUS MATERIALS

A. Persons shall not introduce onto the field, store, nor utilize any caustic or corrosive chemicals, solvents, dopes, paints, stripping agents or hazardous materials except as approved by the Beverly Regional Airport Commission, and those appropriate agencies which regulate such activities. Under no circumstances shall these chemicals be utilized outside of a building. All heeling, servicing, washing, deicing and maintenance of aircraft and ground service vehicles shall only be performed in those areas designated by the Manager as appropriate for such activities. All aircraft servicing shall be performed in strict accordance with specific approved guidelines to prevent hazardous contamination.

16. TEMPORARY STRUCTURES

A. The use of non-permanent aircraft shelters is strictly prohibited, including freestanding canopies, tarps or similar non-permanent structures. Aircraft sunscreens and wing covers and similar items designed and manufactured for the purpose of protecting the aircraft and its contents are allowed when securely fastened to the aircraft.

VEHICLE OPERATIONS

1. LICENSING AND REGISTRATION

A. Motor vehicle operation on Airport Property shall be governed by the provision of the Massachusetts Code Annotated, as amended, Code of Laws of the Regionality in which the Airport is located, relevant private acts, and such regulations as instituted from time to time by the Beverly Regional Airport Commission.

B. Motor vehicles with an axle load exceeding 42,500 lbs. are not permitted upon aircraft parking areas, service or perimeter roads without approval of the Airport Manager.

2. VEHICLE RULES AND REGULATIONS

A. No motorized equipment shall be operated on the aircraft parking aprons, the Airport landing area, or Airport perimeter roads except:

1. By persons assigned to duty thereon.

2. By persons authorized by the Airport Manager

3. By persons escorted by a safety and security vehicle.

4. By persons loading or unloading general aviation aircraft when the aircraft is parked on a general aviation parking apron.

5. When authorized by the Tower for operations on the airport movement areas when the Tower is operational.

B. Motor vehicles shall be operated in strict compliance with posted traffic signs.

C. No person shall clean or make any repairs to motor vehicles anywhere on the Airport Property other than in designated shop areas, except minor repairs necessary to remove such motor vehicle from the Airport Property, nor shall any person move, interfere with, or tamper with any motor vehicle, or put in motion the engine, or take, or use any motor vehicle part, instrument or tool thereof, without the permission of the owner or satisfactory evidence of the right to do so presented to the Airport Manager.

D. Parking and Storage

1. No person shall park a motor vehicle for loading, unloading, or any other purpose on the Airport Property other than in the areas specifically established for parking and in the manner prescribed by signs, lines or other means.

2. No person shall park a motor vehicle in an area requiring payment for parking thereof without paying the required parking fee; nor in a manner so as to obstruct roadways; nor in aircraft parking areas; nor in grass areas.

3. The Airport Manager shall have the Authority to tow or otherwise move vehicles which are parked by their owners or operators on the Airport Property in violation of the regulations of the Authority, state laws, local laws, or regulations. Vehicles shall be moved at the operator's expense and without liability for damage which may result in the course of such moving.

4. Pedestrians and aircraft shall at all times have right-of-way over vehicular traffic. All vehicles shall pass to the rear of the taxiing aircraft. No vehicle shall be driven on the passenger or air freight terminal ramp areas between parked aircraft and its loading gates while enplaning activities are in effect.

5. Aircraft shall be parked only in those areas designated by the Beverly Regional Airport Commission or Manager for such purposes, and must remain appropriately secured so as not to present danger to other aircraft or building. There shall be no storage of equipment or equipment lockers within the aircraft parking areas, and all tie down equipment such as straps, ropes, and rudder gust locks, shall be removed from the apron areas when not in use.

6. The parking of any vehicles other than aircraft is not allowed in any aircraft parking position, including based aircraft parking areas. Access to and from aircraft housed at the field is allowed provided that the vehicle is not left unattended, and is removed to an approved parking location once the transfer of passengers and or goods are complete. The vehicle owner and operator shall be responsible for damages caused by that vehicle while on the airport.

7. The storage of any motor vehicle, recreational vehicle, construction equipment and apparatus, manufacture equipment and apparatus is not permitted on any area of the Airport without the prior permission from the Beverly Regional Airport Commission or the Manager. The storage of non-aviation related equipment or vehicles within hangar buildings having aircraft operations access is strictly prohibited. The primary use of the hangar bay shall be dedicated to aircraft. This shall not restrict a tenant from storing his vehicle within that person's exclusive use hangar space when his aircraft is not present, as may be allowed by the hangar owner / lessor.

AIRPORT FEES

A. SCHEDULE OF CHARGES

Charges for use of the Airport Property and related facilities will be as determined and established by the Beverly Regional Airport Commission.

In compliance with Section 51J of Chapter 90 of the General Laws of Massachusetts, The Beverly Regional Airport Commission shall determine the fees charged by the Airport. Moreover Massachusetts General Laws Chapter 90, Section 51H, which states, “(a)an airport commission shall determine the charges or rental for the use of any properties, facilities, installations, landing fees, concessions, uses and services and shall determine the terms and conditions under which contracts may be executed by the commission on behalf of such city or the town. Such charges or rentals shall be reasonable and shall be established with due regard to the property used and the expenses to the airport commission of the operation thereof.”

All fees charged will comply with the FAA’s Policy Regarding Airport Rates and Charges, 61 Fed. Reg. 31994, June 21, 1996 and as amended at 73 Fed. Reg. 40430, July 14, 2008. These fees are required to be Fair and Reasonable, Not Discriminatory, and to make the airport as financially self-sustaining as possible. The Airport Revenue from these fees shall be for Airport Capital and Operating Costs. And related to air transportation, as permitted by 49 USC 47107(b) and 47133.

FEE CHARGES FOR THE BEVERLY REGIONAL AIRPORT

Adopted April 10, 2017

FUEL FLOWAGE FEES

Regarding MGL Ch. 90, Sec. 51H, the Beverly Regional Airport Commission establishes a fuel charge for each gallon of jet fuel and each gallon of aviation gas delivered (over 5 gallons) on the airport as follows:

A. Jet Fuel: $0.10 per gallon

B. Aviation Gas: $0.10 per gallon

The Beverly Regional Airport Commission reserves the right to amend these rates in accordance with the lease allowing fuel flowage fees to be reviewed every 3 years.

Immediately upon delivery, the recipient is to provide the Beverly Regional Airport Commission/Airport Manager with the delivery receipt of gallons off loaded (Bill of Lading) and a check payable to the Beverly Regional Airport Commission with an amount established by multiplying the number of delivered gallons (to the tenth of a gallon) by the current fuel charge. These Fuel Fees will be effective starting May 1, 2017.

LANDING FEE SCHEDULE AT BEVERLY MUNICIPAL AIRPORT

Single Engine less than 6700 lbs. $0.00

Twin Engine less than 6700 lbs. $20.00

Helicopters $20.00

Blimps $25.00

All aircraft above 6700 lbs. $3.00/1000 lbs. MTOW

All weight determinations shall be Maximum Takeoff Weight (MTOW) from the list provided by the Beverly Regional Airport Commission. If the aircraft is not on the list, from the aircraft manufactures web site, or either of these web locations or other web locations:





The Landing Fees will be collected by the Fixed Base Operator. These Fees will be recorded with the Aircraft Tail Number, Type Aircraft, Date and Time, as they occur. The Fixed Base Operator will retain 8% of these fees for administration, and payment of 92% of these fees will be paid to the Beverly Regional Airport Commission, on a monthly basis. Beverly Airport based/registered aircraft are not charged landing fees. These Landing Fees will be effective starting July 1, 2017.

BANNER TOW FEES AT BEVERLY MUNICIPAL AIRPORT

Per Pick Up of Banner $20.00

Per Drop Off of Banner $20.00

The Fixed Base Operator will retain 5% of these fees for administration, and payment of 95% of these fees will be paid to the Beverly Regional Airport Commission, on a monthly basis.

SECURITY BADGING FEES (For new swipe cards when implemented)

A. All employees that are required access to the Airport Operations Area must have a security badge issued by Beverly Regional Airport Commission/MassDOT

1) Initial Issuance Badge Cost $25.00.

2) Replacement Badge Cost $35.00

Unauthorized use of a security badge will result in a fine of $250.00. A second offense will result in a revocation of access privileges.

RAMP PARKING FEES per Overnight and Over 1 Hour (East Side of Airport)

A. 0 - 5000 lbs. Single Engine $ 10.00

B. 0 - 5000 lbs. Twin Engine $ 15.00

C. Blimps (On Taxiway of field areas) $ 100.00

It is recommended that aircraft over 5000 lbs. make parking arrangements with the FBO.

The Parking Fees for the East Side of the Airport will be collected by the Beverly Regional Airport Authority.

TIE DOWN FEES

Yearly Lease Paid Before August 1, of each year. $960/year

Yearly leases will start on July 1, of each year.

Yearly Lease paid after August 1, of each year. Prorated plus $50.00

Month to Month. $100/month

Tie down fees will be billed and collected by the Beverly Regional Airport Commission.

COMMERCIAL ACTIVITY/CONSESSIONAIRE FEE

Any Business, Commercial Operator, or Repair Service, not based on the Beverly Regional Airport must supply a copy of their Liability Policy to the Beverly Regional Airport Manager and pay a fee of 10% of the total charge to the Beverly Regional Airport.

Rental Car Companies must supply a copy of their Liability Policy and pay a fee of 10% of the total charge to the Beverly Regional Airport.

Change 1. Dec 11, 2017

CONTRACTOR/SURVEYOR/ENGINEER ACCESS TO AIRPORT OPERATING AREA (AOA) FEE SCHEDULE

Half Day Access/Egress to/from the AOA

(7:00 AM to 11:00 AM or 11:00 AM to 3:30 PM): $50.00

Full Day Access/Egress to/from the AOA

(7:00 AM to 3:30 PM). Note: this includes

Any AM setup, short term task etc. followed by

A PM setup breakdown, short term task etc: $100.00

Half Day Access/Egress and Protection on the AOA

(7:00 AM to 11:00 AM or 11:00 AM to 3:30 PM): $200.00

Full Day Access/Egress to/from and Protection on the AOA

(7:00 AM to 3:30 PM): $400.00

Access/Egress shall be defined as the Beverly Regional Airport Commission providing one access and one egress to from the AOA to setup equipment or other minimal tasks requiring short term exposure (one hour or less) in the AOA.

Access/Egress and Protection shall be defined as the Beverly Regional Airport Commission providing constant access, egress and protection within the AOA for long term tasks (more than one hour).

All contractor vehicles are to be equipped with a working strobe light that will be activated when in the AOA along with hazard flashers and headlights. Two Way Communication and Monitoring of the Tower Frequency 125.2 is also required in the Airport Operating Area. The Contractor vehicle operator(s) will abide by all directions given by Airport personnel. All payments are to be made prior to the work performed and payable by cash or check to:

Beverly Regional Airport

50 LP Henderson Road

Beverly, MA 01915

PERSONAL CONDUCT

Except as may be authorized by law or agreement, no person may utilize the airport, unless in strict conformance with the requirements of the Beverly Regional Airport Commission as published herein.

1. Loitering

No person may loiter or loaf on any part of the Airport Property. If a loitering or loafing person is told by a safety and security officer to move on or leave the Airport Property, he shall do so.

2. Picketing

Subject to applicable federal, state and local laws, no person shall walk in a picket line as a picket or take part in any labor or other public demonstrations on any part of the Airport Property except in those places which may specifically be assigned for use of such picket lines or other public demonstrations by the Airport Manager.

3. All Areas of the Airport Property

Except those areas open to the public are restricted and no person shall enter upon the aircraft movement areas, ramp areas, aircraft parking and storage areas, hangars, or shop areas of the Airport except:

A. Persons assigned to duty therein under authorization of the Airport Manager.

B. Authorized representatives of the Federal Aviation Administration.

C. Persons authorized by the Airport Manager.

D. Passengers under appropriate supervision entering the ramp areas for the purpose of enplaning and deplaning.

E. Persons engaged, or about to be engaged, or having been engaged in the operation of any aircraft.

F. Persons authorized under contractual agreements with the Authority.

4. Use of Roads and Walks

A. No person shall travel on the Airport Property other than on roads, walkways or places provided for the particular class of traffic.

5. Disorderly Conduct

A. No person shall be or become intoxicated or drunk, commit any disorderly obscene or indecent act, or commit any act of neither nuisance, nor conduct or engage in any form of gambling, or violate any federal, state or local laws on the Airport Property.

6. Preservation of Property

No person shall destroy, injure, deface, or disturb in any way, any building, sign, equipment, marker, or other structure, tree, flower, lawn, or other property on the Airport, nor alter, make additions to, erect any building or sign or make any excavations on the Airport Property nor willfully abandon any personal property thereon.

7. Animals

A. No person may enter Airport with a domestic or wild animal without written Permission of the Airport Manager except:

1) Persons entering any part of the Airport Property other than the terminal buildings, air freight, or other restricted areas, with a domestic animal that is kept restrained by a leash or is confined so as to be completely under control.

2) Persons entering terminal building or air freight areas with a domestic Animal (such as a dog or cat) that has to be transported by air and is confined to a suitable transportation container.

3) Blind persons may enter the terminal or gate loading areas with a Seeing Eye dog and those persons that have a service animal may enter the terminal or gate loading areas.

8. Abandonment of Property

A. No person shall dispose of garbage, papers, or refuse or other material on Airport Property except in the receptacles provided for that purpose; nor use a comfort station other than in a clean and sanitary manner nor expectorate on the floor, walls or other surfaces of any airport facility.

9. Hunting and Firearms

A. Hunting or the discharge of firearms on the Airport Property is prohibited unless permission has been authorized by the Airport Manager.

10. Interfering or Tampering with an Aircraft

A. No person shall interfere, tamper, damage, or disable any aircraft upon the Airport Property by stealing radios, navigation equipment, auto-pilots, engines, propellers, fuel or other parts. This is a federal offense punishable by fines up to $10,000, imprisonment for twenty (20) years, or even death if such action causes an accident resulting in loss of life.

[pic]

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download