Title 17 . Transportation and Public Facilities

Chapter 42 . Miscellaneous Provisions

Section 520. Terms and conditions

17 AAC 42.520. Terms and conditions

(a) The terms and conditions set out in this section apply to and are incorporated into all tiedown permits issued under 17 AAC 42.500 - 17 AAC 42.599.

(b) The initial term of a float or wheel permit expires on March 31 following the fourth anniversary of issuance. The term for each subsequent permit that the manager issues to the same permittee for the same space or for another space to which the permittee is reassigned begins at the expiration of the preceding permit and expires on March 31 five years later. An ice permit is issued for a single season beginning November 1 of one year and expiring on March 31 of the next year.

(c) A permittee shall pay the fee established for the applicable category of tiedown permit under 17 AAC 42.125.

(d) A permittee may not transfer or sublet a permit or, except as provided under (1) of this section, allow a person who is not listed as a permittee or co-owner pilot on the permit to fly to or from the permitted space or allow any person to park an aircraft not listed on the permit in the permittee's space.

(e) Subject to the applicable requirements and limitations established under 17 AAC 42.525, a permittee may use a tiedown space only to

(1) park an airworthy aircraft that is listed on the permit issued for the space;

(2) perform all maintenance and repair on an aircraft that is listed on the permit so long as the permittee is authorized to perform the work under 14 C.F.R. Part 43, as amended through January 1, 2000;

(3) authorize others to perform maintenance and repair on an aircraft listed on the permit, subject to the requirements of 17 AAC 42.105;

(4) subject to (f) of this section, park a vehicle while the permittee or a co-owner pilot is present at the space or using an aircraft listed on the permit; and

(5) subject to (f) of this section, park an operational vehicle used for aircraft support, such as a float trailer or boom truck, but only if the permittee first registers the vehicle with the airport manager and receives the manager's approval.

(f) An individual who accepts a permit for a tiedown space accepts the space on an "as is" basis. A permittee shall keep the space in a clean, neat, and presentable condition. A permittee shall provide adequate aircraft and vehicle parking on the space to avoid any interference with or obstruction of public roads and taxiways and other spaces and premises.

(g) Improvements are authorized only on float spaces. A permittee must obtain an airport building permit under 17 AAC 42.280 before performing any construction on a float space. A building or other structure placed on a float space must be portable, must be located to allow for adequate aircraft and vehicle parking on the space, and must not interfere with operations on an adjacent space or aircraft movement area. To anchor an aircraft on a tiedown space, a permittee may use only screw-in, duckbill, or cable tiedown equipment or another method the airport manager specifically approves for that purpose.

(h) An aircraft or vehicle that is parked on a tiedown space in violation of this section, 17 AAC 42.525, or any other applicable provision of this chapter is subject to impoundment by the airport manager under 17 AAC 42.115.

(i) The department is not obligated to perform snow or ice removal in a tiedown space.

(j) A permittee must begin parking an airworthy aircraft that is listed on the permit on the designated space within 90 days after the permit is issued, unless the space is a float space. On a float space, a permittee must begin parking an airworthy float-equipped aircraft that is listed on the permit on the designated space within 90 days after the permit is issued or 30 days after the Lake Hood Seaplane Base is first unfrozen and open for use, whichever is later.

(k) If an aircraft listed on the permit ceases to be airworthy or if the permittee disposes of or ceases to hold the permittee's required minimum interest in an aircraft listed on the permit and if no other aircraft is listed on the permit that satisfies the requirements of 17 AAC 42.510(a) (3) and (p) of this section, as applicable, the permittee must restore the aircraft to an airworthy condition or obtain at least the required minimum interest in a replacement aircraft equipped as required by (p) of this section, if applicable, to list on the permit and to operate from the tiedown space. The permittee must achieve the restoration or replacement required under this subsection within 270 days after the date that the aircraft first ceased to be airworthy or the date the permittee disposed of ceased to hold the permittee's required minimum interest in the aircraft, whichever date is earlier. However, a restored or replacement aircraft under this subsection need not be equipped as required under (p) of this section, if applicable, until the Lake Hood Seaplane Base is unfrozen and open for use.

(l) Because of the shortage of transient aircraft parking spaces, a permittee whose space will be vacant for an extended period of time is encouraged, but not required, to make the permittee's space available to the airport manager for use as part of the Lake Hood transient parking pool. When a permittee makes a tiedown space available to the manager for transient parking under this subsection, the department will apply any transient parking revenue from use of the space to reduce the fees that the permittee would otherwise pay for that space.

(m) If a permittee's medical certificate expires during the term of the permit, the permittee must obtain a new medical certificate and provide a copy to the airport manager within 60 days of the date of expiration of the medical certificate.

(n) If a permittee's pilot certificate or medical certificate is revoked or suspended for any reason during the term of the permit, the permittee must obtain a replacement and provide a copy to the airport manager within 120 days of the date of revocation or suspension of the pilot certificate or medical certificate.

(o) Each permittee on a permit must fly the permittee's aircraft listed on the permit at least once from the permit space in each of any three months during each calendar year, using the tiedown space as the primary base of operations from which to fly. Each permittee must also fly at least one third of the listed aircraft's total flights to and from the space. Flights by co-owner pilots may not constitute more than two thirds of the aircraft's total flights to and from the space. For a float permit, only a flight in the listed aircraft flown from the lake when the aircraft is float-equipped is considered toward satisfaction of the requirements of this subsection.

(p) An aircraft for which a float permit is issued must be float-equipped not less than 90 days each year during the period from May 1 through September 30. If a float space includes a land area large enough to accommodate a second float aircraft or a wheel-equipped aircraft without interfering with or obstructing an adjacent road, taxiway, space, or premises and the airport manager approves, a permittee may park a second aircraft on the float space so long as the permittee, alone or jointly with another permittee on the same permit, holds a 100 percent ownership or leasehold interest in both aircraft. A permittee who is allowed by the manager to park a second aircraft on a float space shall pay any additional fee established under 17 AAC 42.125.

(q) The airport manager shall conduct periodic inspections of tiedown spaces and permit files to monitor compliance with the requirements of 17 AAC 42.500 - 17 AAC 42.599 and specifically to confirm

(1) that a properly equipped, airworthy aircraft listed on the permit is parked on the space within or during the applicable periods required under 17 AAC 42.500 - 17 AAC 42.599; and

(2) that each permittee on the permit

(A) owns or leases at least a one-third interest in the appropriate gear type aircraft parked on the space as required under 17 AAC 42.510 (a) and, as applicable, (p) of this section;

(B) annually satisfies the aircraft flight requirements of (o) of this section;

(C) holds a pilot certificate as required under 17 AAC 42.510(a) and, as applicable, (c); and

(D) has a current FAA medical certificate as required under 17 AAC 42.510(a) .

(r) If the airport manager has reason to believe that a permittee is not in compliance with the applicable requirements of 17 AAC 42.500 - 17 AAC 42.599, the manager may require the permittee to submit to the manager written verification or documentation the manager considers appropriate to establish that the permittee is in compliance with the applicable requirements of 17 AAC 42.500 - 17 AAC 42.599. To verify compliance with the flight requirements of (o) of this section, upon request by the manager a permittee must provide a notarized statement signed by the permittee that lists the dates of flights the permittee has taken to or from the permittee's tiedown space as pilot of the aircraft listed on the permit and, as applicable, states for each listed flight whether the aircraft was equipped with wheels, floats, or skis. Upon request by the manager, the permittee must also provide a signed and notarized statement by each co-owner pilot, if any, that lists the dates of flights the co-owner pilot has taken to or from the permittee's tiedown space as pilot of the aircraft listed on the permit. The permittee shall also provide such other information or documentation that the manager reasonably requests to establish that the permittee satisfied the flight requirements.

(s) If a permittee dies, the permittee's estate, after written notice to the airport manager, may keep the permit for up to 180 days after the date of the permittee's death in order to sell or remove the permittee's aircraft. The estate shall pay the rent for the space as required under this section. The estate shall notify the airport manager when the permittee's aircraft is sold and when the aircraft is removed from the tiedown space. The permit terminates at the earliest of

(1) ten days after the permittee's aircraft is sold;

(2) the date that the aircraft is removed from the tiedown space; or

(3) the expiration of 180 days after the death of the permittee.

(t) At and after cancellation or termination of a permit, expiration of a permit not followed by a subsequent permit, or reassignment to a new space under 17 AAC 42.540 or 17 AAC 42.570, the permittee or permittee's estate, as applicable, shall continue to pay rent for the space until the permittee or permittee's estate

(1) removes all personal property from the space as provided in (u) of this section;

(2) restores the space to a clean, neat, and presentable condition to the satisfaction of the airport manager; and

(3) peaceably and quietly vacates the space.

(u) Except as otherwise provided in 17 AAC 42.570(h) , a permittee whose permit has expired and is not followed by a subsequent permit, whose permit has been cancelled or terminated, or who is reassigned to a new space under 17 AAC 42.540 or 17 AAC 42.570 shall vacate the permit space at the permittee's own expense. The permittee shall

(1) within 14 days after cancellation, termination, or expiration of the permit or acceptance of the reassignment, as applicable, remove the permittee's aircraft from the old tiedown space and, if applicable, relocate the aircraft to the new tiedown space;

(2) except as provided in (3) of this subsection,

(A) relocate to any new space or remove from the airport all of the permittee's personal property from the vacated space; and

(B) restore the space to a clean, neat, and presentable condition to the satisfaction of the airport manager; and

(3) if the permittee requests information to enable the permittee to offer some or all of the permittee's personal property on the space for sale to the permittee's successor at the vacated space, within 14 days after the airport manager mails or delivers to the permittee the name and address of the permittee's successor at the vacated space,

(A) sell or otherwise transfer to the permittee's successor at the vacated space any of the permittee's personal property that the permittee agrees to transfer and the successor agrees to purchase or accept; and

(B) satisfy the requirements of (2) of this subsection.

(v) If a permittee or a permittee's estate, as applicable, shows good cause to the satisfaction of the airport manager, the manager shall approve a request to extend the time to perform an act required under (k), (m), (n), (s), or (u) of this section. The request must be in writing and include justification for the request and a date by which the required act will be completed. Any extension or combination of extensions granted under this subsection must be in writing and may not exceed one year.

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090