Lehigh Valley Flying Club v. Lehigh-Northampton Airport Auth. -- No. 13-90-09
Record of Decision (02/05/1992) [Determination No.3].
Author:
Mudd, Leonard E., Director
Complainant(s):
Lehigh Valley Flying Club|Lehigh Valley General Aviation Association
Respondent(s):
Lehigh-Northampton (Pa.) Airport Authority
Airport(s):
Allentown-Bethlehem-Easton International Airport (ABE)
Holding:
Dismissing complaint.
Abstract:
Complainants, Lehigh Valley Flying Club and the Lehigh Valley General Aviation Association, filed a complaint against Respondent, the Lehigh-Northhampton Airport Authority, owner and operator of the Allentown-Bethlehem-Easton International Airport, alleging that Respondent's requirement of $1 million of personal liability coverage for operation of a personal vehicle in the air operations area violated Grant Assurance 23 by limiting access to only those persons who can afford the insurance rate and Grant Assurance 22(a) and (f) by discriminating against certain users and denying tenants access to their aircraft. The Director found Respondent not in violation and dismissed the Complaint.|Exclusive Rights (Grant Assurance 23):|The opportunity to drive one's personal vehicle to his/her own aircraft was not an aeronautical activity, since it was not required for the operation of such aircraft, and therefore was not subject to exclusive rights prohibitions. (p. 10).|Respondent's imposition of $1 million personal liability insurance coverage did not prevent aircraft owners and pilots from servicing or maintaining their aircraft and therefore did not result in an unreasonable restriction on self-fueling. (p. 11).|Economic Nondiscrimination (Grant Assurance 22)|Respondent's business decision requiring $1 million of personal liability insurance for any person driving a vehicle in an air operations area was a fair, reasonable and not unjustly discriminatory term or condition imposed on all airport users because of the ability of all permit holders to travel in all air operations areas and the resulting potential for tremendous losses. (pp. 11-12).|Respondent's imposition of $1 million personal liability insurance coverage was not unjustly discriminatory where it applied to all tenants and their employees, personnel and members. (p. 13).
Index Terms:
Unjust economic discrimination|Economic Nondiscrimination (Grant Assurance 22)|Exclusive Rights (Grant Assurance 23)|Insurance|Aeronautical activity|Self-fueling|Flying club