New regulations at Phoenix Deer Valley airport.

dans2992

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Dans2992
Major municipal power grab going on at Phoenix Deer Valley airport.

Is there any way the FAA can bring the hammer down on these guys, or is this unfortunately legal?

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A must read: for all KDVT (Dear Valley Airport) tenants and advocates.

IMPENDING LOSS OF MAINTENANCE AND FLIGHT INSTRUCTION AT KDVT

DVPA NOTAM
Deer Valley Pilots Association
NOtice To Active Members
May 19, 2019

As of May 19, 2019

The Deer Valley Pilots' Association is deeply concerned about the new interpretation and enforcement taken by City and airport management of the City of Phoenix's existing "Specialized Aviation Service Operators" (SASO) regulations. It has become clear that while the current SASO rules were implemented over a decade ago, they are nuanced in ways that most pilots do not fully understand and thus are likely to have been violated frequently. There is a critical shortage of maintenance and flight instructor services openly available to aircraft owners and pilots based at KDVT. For safety as well as operational efficiency, it is very important that we work with the City and airport management to broaden the SASO regulations to allow additional properly qualified purveyors of maintenance and flight instructor services at the airport.

The Background:
The new enforcement actions began with the unannounced deactivation of several tenants' airfield access cards. These deactivations happened to both aircraft maintainers and the owners of the aircraft being serviced. When the tenants approached KDVT Operations, they were told they were evicted, effective immediately, from the airfield and would not be permitted to return. Since the tenants were not permitted to return to the airfield, the eviction was also in essence a seizure of their aircraft and other personal property. When the tenants attempted to resolve the issue, both the airfield management and representatives of the City did not allow for a compromise. Instead, they were told their only regress was to appeal the eviction.

Additionally, one of the tenants being evicted is accused of participating in an "illegal" flying club. The tenant is, in reality, a member of a fractional aircraft partnership. This was cited as cause for eviction.

The Issue:
Most tenants and Association Members are not aware that the current City regulations prohibit SASO approved mobile mechanics from doing any repairs or maintenance other than "Preventative Maintenance" as defined by the FAA in FAR Part 43 Appendix A. Annual inspections, engine maintenance other than oil changes, electrical maintenance beyond replacing landing and position light bulbs, and the dressing of propeller nicks are examples of common maintenance work that would be prohibited under the current interpretation of the City's rules. KDVT's only fixed based operator, Cutter, does not provide on-field comprehensive repairs or maintenance. In addition, the flight schools at KDVT limit their work to maintaining only their own aircraft based at KDVT. As the City appears to be moving in a direction of strict enforcement of their maintenance regulations, it appears that annual inspections, maintenance, and other repairs will no longer be available on the field at KDVT.

The City is moving in the direction of defining all flight instructors including independent instructors, as "Flight Training Operators." Currently, City regulations require "Flight Training Operators" be registered and approved by the City, pay a per-training-hour tax, and maintain a comprehensive insurance policy with a $3 million liability minimum. While these requirements may be reasonable for large flight schools, it is likely not possible or economically realistic for independent flight instructors. It is common knowledge that AeroGuard and Westwind will not perform Bi-Annual Flight Reviews, Instrument Procedure Checks, or participate in WINGS phase instruction. If the City strictly enforces this regulation as planned, it can be expected that independent flight instruction will no longer be available at KDVT.

While the DVPA Board does not condone violation of the City's regulations, it steadfastly believes compliance with FAA regulations should be the overriding priority in developing the City's regulations. The Board believes that the City's regulations on aircraft maintenance and flight instruction need to be revised in order to ensure that FAA mandated services are readily available at KDVT.

The Current Status:
When the tenants were unable to resolve the situation with KDVT management, they sought a public meeting with the Phoenix Aviation Department. On Friday, May 17th, a public meeting was held with Mr. James Bennett, Director of the Phoenix Aviation Department. About 20 pilots were in attendance and an unknown number called into an open conference line. Mr. Bennett began by saying that the meeting was an opportunity for the City to hear KDVT pilots' concerns. Mr. Bennett did state the public meeting was not the appropriate forum to address the evictions that are in process and that are being appealed. After hearing statements for all who wished to provide them, Mr. Bennett agreed to establish a working group to review and potentially revise the regulations. Details for the working group were not provided.

On the same day, Mr. Ed Faron, KDVT airport manager, contacted DVPA Board member Mr. Richard Schmidt via email that he was in the process of reviewing some of the airport's "rules and regulations." Mr. Faron requested a meeting with the DVPA Board to get their input. That meeting is scheduled for Friday, May 24th at a time not yet determined. Our AOPA Airport Support Network volunteer, Mr. Bob Mittelstaedt, will also attend.

DVPA's position is that the City's current regulations regarding aircraft maintenance and flight instruction are fundamentally flawed and has created an environment that is detrimental to safe flight operations. The City must allow mobile maintainers to provide not just preventive maintenance but the full scope of inspections, maintenance, and repairs as authorized by their FAA certifications. Additionally, independent flight instructors must be allowed to instruct without City registration, approval, per-hour taxes or City-mandated insurance. The DVPA believes that by making these changes, the City will move from an adversarial position at KDVT to one that expands availability of maintenance and flight instruction services, encourages economic development, and creates a positive partnership with all tenants. We are hopeful that we can get the City to move in this direction.

As this action by the airport management and the City will affect every tenant at KDVT, the Association asks that its members and all the tenants at Deer Valley become engaged in this effort. All tenants must be prepared to step forward and advocate for fair and reasonable treatment. The Board will continue to keep its members updated on our progress. Please pass this information to all tenants and those with interests in the Deer Valley Airport. We welcome all comments and suggestions.

PLEASE GIVE THIS THE WIDEST POSSIBLE DISSEMINATION





Contact DVPA
E-mail comments to communications@dvtpilot.com
 
TL;DR, but I gather the current FBO(s) aren't happy with outsiders undercutting their business plan's assumptions. Having read FBO standards in the past, I can empathize with them. If that's the case, I agree with the City, but not to the extent of confiscating personal property. I'd rather just read the Cliff Notes, btw.
 
I won't quote the applicable portions or give you a suggested action of what to do or what the FAA might/can do but there is some info regarding SASOs, aircraft maintenance, self service, etc. in this FAA Order and this advisory circular. I'd begin your quest by reading this and any other guidance that you can dig up. There is more out there.
 
Wonder what lead to this moment. People likely violating the city rules for years and it was No biggie in sure. but what was the straw that broke the camels back?
 
I'm a pilot that keeps my plane at Deer Valley, and don't find this surprising.

I have never done any flight training from there. DVT isn't really an airport that provides flight training to the general population. Only the students on the ATP track need apply to the flight schools there. I had to get my IR from instructors at a Falcon Field-based business. It's not an airport that has even one airplane available for rent in a public fashion. (I'm sure there are plenty of rentals between socially-connected people going on.) It's not as friendly a place as other airports I've known.

Gate access cards are tightly controlled, and, actually, I kinda like it.

You're a CFI not owning an airplane parked here? No gate card, IMO.
You're an A&P not owning an airplane parked here? No gate card for you, either.

Either of those above, can meet me at the main terminal parking lot, and come with me to my plane.
 
When I see rules like the above being imposed on a airport you often wonder if the city has other plans for the property and the intent is ultimently to force the closure of the airport.
 
Don't know anything about the Phoenix area so I'm genuinely asking. Is this an uppity/NIMBY part of town or something? Wonder why this airport is acting so self-important where other area airports presumably allow a more welcoming piston GA presence.
 
Major municipal power grab
FWIW: this has been going on at the municipal/reliever level airports for 20+ years. It starts with visions of grandeur for a airport commission or governing body that they may rise to a level of importance. Surprised though that they could "sieze" property. For me it started with signs on the T hangars listing what mx could be performed, etc. That caused a 1/3 of the hangar holders to bail and build/purchase hangars at a small airport 20 minutes away.

Did it work for airport in question? No, in the long run. Those same T hangars are beyond repair and they're on their 4th FBO/fuel provider which if these guys fail will not give the air carriers any incentive to expand there. Outside a hub airport, you need a healthy aviation community that includes a vibrant GA presence if you expect to maintain and grow. Especially with the rural airports being gobbled up by development on a weekly basis. Southwest ain't going to show up simply because you kicked mx and GA off the field.
 
Don't know anything about the Phoenix area so I'm genuinely asking. Is this an uppity/NIMBY part of town or something? Wonder why this airport is acting so self-important where other area airports presumably allow a more welcoming piston GA presence.
DVT is not going away. It's the busiest GA airport in the country, thanks mainly to the large foreign-airline-contracted pilot puppy mills. They are a big source of income to the city and a boost to the local economy -- and from the local government's perspective, probably easier to deal with than a scruffy bunch of weekend pilots.
 
DVT is not going away. It's the busiest GA airport in the country, thanks mainly to the large foreign-airline-contracted pilot puppy mills. They are a big source of income to the city and a boost to the local economy -- and from the local government's perspective, probably easier to deal with than a scruffy bunch of weekend pilots.

Oh ok, that makes sense. Like I said, I don't know much about the area. Yeah sounds like a de facto part 121 centric airport, but instead of pax deplanement revenue they're using high-volume flight training and associated tenancy as the golden goose. Makes sense. It's certainly disheartening that everything in America is always boiled down to the national religion (profit motive and rent-seeking), but that's nothing new. At least it appears the area has other more GA-friendly options, compared to other metro areas which are GA deserts on the cost and access front.
 
Oh ok, that makes sense. Like I said, I don't know much about the area. Yeah sounds like a de facto part 121 centric airport, but instead of pax deplanement revenue they're using high-volume flight training and associated tenancy as the golden goose. Makes sense. It's certainly disheartening that everything in America is always boiled down to the national religion (profit motive and rent-seeking), but that's nothing new. At least it appears the area has other more GA-friendly options, compared to other metro areas which are GA deserts on the cost and access front.
I’d the scruffy GA makes up such a small footprint there why isn’t there room for both?? That’s the part I don’t get.
 
It is normal airport operations to require those providing commercial services on an airport to pay a fee and to maintain a minimum liability insurance policy naming the airport as an insured. At large airports you can’t even run a taxi in and out of the terminal with paying a fee.

The hangar tenants being evicted were allegedly providing instruction and maintenance services to other tenants at the airport without complying with those requirements. It appears some people had gate cards that did not base aircraft at DVT.

The airport has not granted anyone an exclusive right or denied any one the right to self serve. Just because the airport turned a blind eye in the past does not require them to continue.
 
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Must be the water out there ... the Class B controllers are nasty too:eek::confused:
 
Is this stuff also going on at at Goodyear airport, its owned by Phoenix also.
 
As soon as I read the part about a tax to be paid per hour of instruction, the rest of it was not important. Government meddling in commerce will eventually run GA out of their precious airport...
 
I'm a pilot that keeps my plane at Deer Valley, and don't find this surprising.

I have never done any flight training from there. DVT isn't really an airport that provides flight training to the general population. Only the students on the ATP track need apply to the flight schools there. I had to get my IR from instructors at a Falcon Field-based business. It's not an airport that has even one airplane available for rent in a public fashion. (I'm sure there are plenty of rentals between socially-connected people going on.) It's not as friendly a place as other airports I've known.

Gate access cards are tightly controlled, and, actually, I kinda like it.

You're a CFI not owning an airplane parked here? No gate card, IMO.
You're an A&P not owning an airplane parked here? No gate card for you, either.

Either of those above, can meet me at the main terminal parking lot, and come with me to my plane.
Isn’t DVT one of the busiest small airports in the west??
It sounds like they want thier cut of the “Independents” revenue.
 
Don't know anything about the Phoenix area so I'm genuinely asking. Is this an uppity/NIMBY part of town or something? Wonder why this airport is acting so self-important where other area airports presumably allow a more welcoming piston GA presence.

No, the NE section (Scottsdale) area is the $ area.


Tom
 
I thought that designation went to PDK or DPA? I had not heard of DVT (but then again, I'm an east coaster).

I was thinking that myself. Googled and came up with this. PDK was 29th on the list. This is from 2016, so I imagined it hasn't changed much:

According to Federal Aviation Administration (FAA) statistics, Phoenix Deer Valley was the busiest private aviation airport...

https://privatejetcardcomparisons.c...al-busiest-private-aviation-airports-in-2016/
 
Don't know anything about the Phoenix area so I'm genuinely asking. Is this an uppity/NIMBY part of town or something? Wonder why this airport is acting so self-important where other area airports presumably allow a more welcoming piston GA presence.

Not so much. By best friend lives about 1/2 mile from DVT. Modest single family homes, generally well maintained yards.

I've watched the kids in the pattern from the pool.
 
I was thinking that myself. Googled and came up with this. PDK was 29th on the list. This is from 2016, so I imagined it hasn't changed much:

According to Federal Aviation Administration (FAA) statistics, Phoenix Deer Valley was the busiest private aviation airport...

https://privatejetcardcomparisons.c...al-busiest-private-aviation-airports-in-2016/
Thanks for the link.

The title refers to private aviation, but what's funny is that the heading of the actual list says private "jet" airports, whereas I've never seen a jet at #25, my home field at Palo Alto, and probably never will, due to its relatively short runway.
 
DVT is not going away. It's the busiest GA airport in the country, thanks mainly to the large foreign-airline-contracted pilot puppy mills. They are a big source of income to the city and a boost to the local economy -- and from the local government's perspective, probably easier to deal with than a scruffy bunch of weekend pilots.

I wear the title of scruffy weekend pilot proudly. :)

Glad I don't fly out of DVT but I know a couple who do. One I've never met and the other is a punk kid who needs to come back to this forum and defend himself. :)
 
In my experience pilot/owners either outsource all maintenance to the local FBO's or they don't. Not a lot of grey area. Sometimes if just comes down to who the pilot trusts.
There are frequently specialized maintenance the local FBO can't or won't perform.

-David
 
I think this is one of those situations where "that government is best which governs least" applies.
 
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