--- In BATN@xxxxxxxxxxxxxxx, "4/14 SJ Business Journal" <batn@...> wrote: Published Friday, April 14, 2006, by the San Jose Business Journal Commuter airlines won't bite on voluntary curfew at Mineta By Andrew F. Hamm The nighttime skies over downtown San Jose are mostly quiet since the last early morning flight into Mineta San Jose International Airport shut down Feb. 11. But airlines still eligible to fly between 11:30 p.m. and 6:30 a.m. are resisting city efforts to restrict late night arrivals and departures. A 2002 court case filed by an aviation company controlled by Oracle Corp.'s Larry Ellison forced San Jose to modify its airport curfew ordinance from one based on weight to one based on noise. Nowadays, airplanes producing 89 decibels or less can fly into and out of its airport between 11:30 p.m. and 6:30 a.m. The original curfew in place since 1984 prohibited aircraft 75,000 lbs. or larger from operating at Mineta San Jose International during those hours. Besides the occasional late-arriving flight, a late-night San Jose Sharks charter and an executive jet here and there, the curfew is reportedly working. The city has collected $200,000 in late-night fines over the past two years, mostly from charter flights, and has asked for public input on how to spend the money for airport-related projects. Most of the fines were collected in 2004. There is a standard $2,500 fine for a late-arrival or take-off. That fine can be waived if there are extenuating circumstances. However, even this modified ordinance stands on shaky legal ground and the city is well aware that there may come a day when the curfew is done away with entirely. But San Jose's efforts to make this situation permanent by getting airlines to sign a formal contract not to fly any aircraft during the curfew hours regardless of size or noise level, is not going over well with airlines flying the permitted regional jets. Several airlines flying larger aircraft already prohibited by noise levels during the curfew hours have readily signed on -- including American Airlines, Delta Airlines, Continental Airlines, Mexicana Airlines, Northwest, Southwest, United and United Parcel Service. However, some of their subsidiaries -- including American Eagle, Horizon Air and Skywest -- have not signed. "The idea is that if the curfew ever goes away, the airlines will still be contractually bound to obey the curfew," says deputy city attorney Kevin Fisher. "We're asking the airlines to be good corporate citizens." But American Eagle, which handles some American Airlines flights; Horizon Air, which handles some Alaska Airlines flights; and SkyWest, which handles some Delta Airlines and United Express flights, could launch late-night flights should a market develop for one. "The airlines are free to say no," Mr. Fisher says. "We have no power to enforce this." America West claims its 1:30 a.m. flight from Las Vegas into San Jose was profitable. It stopped the flight because the regional jet was needed elsewhere when the airline merged with US Airways, says company spokeswoman Valeri Wunder. America West, which also flies larger jets like the Boeing 737 that are still prohibited to fly between 11:30 p.m. and 6:30 a.m., say they retain the right to run the early morning flights again and have no intention of signing an agreement to voluntary not fly late at night. "Some airlines don't want to be contractually bound" even if they have no intention of flying during those hours, says Aviation Director William Sherry. There is some concern that signing the deal here would set a precedent for other airports to use, Mr. Sherry says. Andrew F. Hamm covers transportation for the Business Journal. He can be reached at 408-299-1841. --- End forwarded message ---