Title 17 . Transportation and Public Facilities

Chapter 45 . Miscellaneous Provisions

Section 510. Assigned-space use and fees

17 AAC 45.510. Assigned-space use and fees

(a) The department will limit the type, weight, use, or dimensions of aircraft authorized to use an assigned space at an airport when doing so is justified by the design, safety, maintenance, or operation of the space, the parking area, or the airport.

(b) A person may park only one aircraft at a time in an assigned space on an airport and only an aircraft listed on the assigned-space permit issued for that space under 17 AAC 45.520. A person is eligible to receive an assigned-space permit from the department only if

(1) the person owns or leases at least a one-third interest in each aircraft listed on the permit;

(2) each aircraft listed on the permit is airworthy;

(3) the person has submitted to the department a completed application that satisfies all requirements for approvals under 17 AAC 45.520; and

(4) the person timely pays the first six months' space rent, as required under ( l ) of this section.

(c) If a permittee sells or transfers the permittee's interest in an aircraft identified in the permit or if the aircraft ceases to be airworthy, the permittee shall give the department notice of the sale, transfer, or unairworthy condition of the aircraft within 30 days after the date of the sale or transfer or the first date the aircraft is no longer airworthy.

(d) If the airport manager determines that an aircraft is not airworthy, the department will or the airport manager shall issue a written notice directing the permittee to restore the aircraft to an airworthy condition, obtain a replacement aircraft, or relinquish the permit.

(e) A permittee has 270 days, subject to extension under 17 AAC 45.530(g) , from the date of the sale or transfer of an aircraft identified in the permit, from the first date the aircraft is no longer airworthy, or from the date of the department's written notice under (d) of this section, whichever is the earliest applicable date, to obtain a replacement aircraft that is airworthy or restore the aircraft to an airworthy condition. If the permittee fails timely to replace or restore an aircraft that is no longer airworthy, the permittee shall promptly remove the aircraft from the space and, if no other aircraft is listed on the permit, relinquish the permit.

(f) If a permittee replaces an aircraft identified in the permit, the permittee shall, within 30 days after the replacement,

(1) notify the department that the replaced aircraft is withdrawn from the permit;

(2) provide to the department a copy of the current registration and a statement of the dimensions of the replacement aircraft; and

(3) provide evidence to the department that the permittee is the owner or lessee of at least a one-third interest in that aircraft.

(g) Except as provided in (h) of this section, a person may not use an assigned space for fuel storage, vehicle parking, equipment storage, parking more than one aircraft at a time, or any other purpose not specifically authorized by the department in the permit for that assigned space. A person may not use an assigned space in operation of a commercial or business activity unless the assigned-space permit for that space expressly authorizes that use.

(h) The holder of an assigned-space permit may, subject to 17 AAC 45.055, 17 AAC 45.080, and 17 AAC 45.085, as applicable

(1) park one permittee-owned vehicle and one guest- or customer-owned vehicle in the assigned space while the aircraft assigned to the space is on a flight, unless the airport manager determines that the vehicle parking will interfere with the maintenance, operation, or safety of the airport;

(2) park one permittee-owned vehicle in the assigned space while the permittee is fueling, maintaining, repairing, or readying for a flight an aircraft identified in the permit for the space;

(3) allow an aircraft service vendor to park a vehicle in the assigned space only while the service vendor is fueling, maintaining, repairing, or otherwise servicing an aircraft identified in the permit for the space;

(4) use a motor vehicle equipped with an aviation fuel tank or fuel dispensing apparatus to fuel an aircraft identified in the permit for the space; and

(5) if the department has approved doing so in writing, place and use a permittee-owned aviation fuel storage tank, equipment shelter, or both, as applicable, on an assigned space that is designated by the department for use by

(A) wheel- or ski-equipped aircraft, if the space is located on a portion of the airport where the department has determined in writing that it is appropriate to allow a permittee to have either a fuel tank or an equipment shelter or both on the assigned space; or

(B) float-equipped aircraft.

(i) An aircraft, vehicle, or other personal property parked or placed in violation of 17 AAC 45.500 - 17 AAC 45.590 is subject to impoundment by the department under 17 AAC 45.115.

(j) The department is not obligated to provide an aircraft tiedown anchoring device in an assigned space. The use of any anchoring device provided on the premises is at the sole risk of the user. If the department does not provide tiedown anchoring devices in an assigned space, or if the permittee chooses not to use a provided anchoring device, the permittee may install and use at the permittee's own risk, only a screw-in or duck bill anchoring device or another device that the department specifically approves in writing for that purpose. Any anchoring device installed in an assigned space must, unless otherwise authorized or directed by the department, be left installed and becomes the property of the department upon cancellation of the permit or upon expiration of the permit not followed by a new permit for the same space to the same permittee.

(k) The department will establish a six-month billing cycle for the payment of rent for an assigned space at an airport. The applicable rent for a space for each six-month period is due on or before the first day of that period. Except as provided in ( l ) of this section, after deducting any obligation of the permittee to the department under the permit or this chapter, the department will refund space rent that has been paid for any month after the month in which a permit is canceled.

(l) At the time an assigned-space permit is first issued under 17 AAC 45.520, the permittee must pay the applicable rent for the assigned space for the first six months. This first six months' space rent payment is not refundable.

(m) The monthly rent for an assigned space designated by the department for use by wheel- or by ski-equipped light aircraft is:

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(n) The monthly rent for an assigned space designated by the department for use by float-equipped light aircraft is $30.

(o) The monthly rent for an assigned space for a heavy aircraft is $30 for the first 6,000 pounds CMGTW, plus $10 per 1,000 pounds of the aircraft's CMGTW over 6,000 pounds, rounded to the nearest 1,000 pounds.

(p) In addition to the rent for an assigned space required under (m) - (o) of this section, the permittee shall pay to the department a surcharge of $10 per month for an assigned space with access to electrical power. This surcharge applies to and covers only the access to electrical power. A permittee who has electrical power access to the permittee's assigned space must separately meter the power and pay all associated costs.

History: Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090