11-07-2007, 12:47 PM
John that's an excellent start.
The point about the "license" is probably the strongest because that gives the county the direct control they lack. But, I can't find anything that says air tour operators are licensed. Don't know if this was a state oversight or maybe the license is under some other type of category.
Unfortunately, USC grants only the FAA the right to regulate flight. Even if the county wanted too, they are prohibited by federal law from setting anything that pertains to air operations. But, the USC does give local government the right to enter in agreements where air operations could be part of that agreement so long as it doesn’t grant right that the FAA didn’t grant. What if the license could be part of some voluntary self imposed rules? Let’ say the county by people initiative is prohibited from contracting for helicopter service unless that company has agreed and abides by this self regulating commission. You can also prohibit any county agency from flying in any helicopter for official business where the county will pay or reimburse unless that company is a signatory on the agreement. It’s monitored by that commission you suggested. They could also prohibit the use of any land under the county control for helicopter operations if they don’t agree. I’m sure with everyone’s help, we can think of other legally acceptable items to add to this agreement.
As for identification, FAA FARs is the law. It only requires 12” numbers and according to my FAA contact, can not be changed for one place without changing for the entire country. Since most air tour operators have “commercial” operation licensees they have to abide by the national laws regardless of what any local government wants. However, he said that the FAA could approve an “advertising” scheme where a unique identifier is part of the local “licensing” requirement. Just so long as it doesn’t conflict with federal law, that identified is actually part of the aircraft “advertising” scheme. Humm, it may work.
One question I was asked is if the county files complaints about aircraft issues? He said nothing in the rules require the complainant to be a resident, property owner, or a human. The county itself can be a complainant. He said most local governments have neither a policy to or policy not to be a complainant but nothing says they can’t file a complaint.
Hey, thanks for taking the time to think about this.
Glen, Been there - Done that, I'm way to much on the side of the people and not the party. Thanks anyway.
The point about the "license" is probably the strongest because that gives the county the direct control they lack. But, I can't find anything that says air tour operators are licensed. Don't know if this was a state oversight or maybe the license is under some other type of category.
Unfortunately, USC grants only the FAA the right to regulate flight. Even if the county wanted too, they are prohibited by federal law from setting anything that pertains to air operations. But, the USC does give local government the right to enter in agreements where air operations could be part of that agreement so long as it doesn’t grant right that the FAA didn’t grant. What if the license could be part of some voluntary self imposed rules? Let’ say the county by people initiative is prohibited from contracting for helicopter service unless that company has agreed and abides by this self regulating commission. You can also prohibit any county agency from flying in any helicopter for official business where the county will pay or reimburse unless that company is a signatory on the agreement. It’s monitored by that commission you suggested. They could also prohibit the use of any land under the county control for helicopter operations if they don’t agree. I’m sure with everyone’s help, we can think of other legally acceptable items to add to this agreement.
As for identification, FAA FARs is the law. It only requires 12” numbers and according to my FAA contact, can not be changed for one place without changing for the entire country. Since most air tour operators have “commercial” operation licensees they have to abide by the national laws regardless of what any local government wants. However, he said that the FAA could approve an “advertising” scheme where a unique identifier is part of the local “licensing” requirement. Just so long as it doesn’t conflict with federal law, that identified is actually part of the aircraft “advertising” scheme. Humm, it may work.
One question I was asked is if the county files complaints about aircraft issues? He said nothing in the rules require the complainant to be a resident, property owner, or a human. The county itself can be a complainant. He said most local governments have neither a policy to or policy not to be a complainant but nothing says they can’t file a complaint.
Hey, thanks for taking the time to think about this.
Glen, Been there - Done that, I'm way to much on the side of the people and not the party. Thanks anyway.