Title 23 — Title 23

Compulsion of Testimony. Notwithstanding any other provision of law to the contrary, in order to facilitate the making of investigations by the director in the interest of public safety and promotion of aeronautics, the public interest requires, and it is therefore provided, that…

The State Department of Transportation may work convicts in the construction or maintenance of public roads and bridges of Alabama, as may now or may hereafter be provided by law, or may work convicts in the construction, repairing, or maintaining public roads or bridges by contr…

The department may participate as a party plaintiff or defendant, or as an intervener on behalf of the state or any municipality or citizen thereof, in any controversy concerning any claimed encroachment by the federal government or any foreign state upon any state or individual …

Reservations. (a) The Legislature finds that an airport hazard endangers the lives and property of the general public, the users of airports, and the occupants of land in their vicinity, and reduces the size of the area available for the landing, taking off, and maneuvering of ai…

(a) For the purposes of this section, the following terms have the following meanings: (1) POWERED-LIFT AIRCRAFT. A heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine drive lift devices or engine thrust…

(a) The Legislature finds that airports, restricted landing areas, and other air navigation facilities shall be suitable for the purposes for which they are designated and licensed, and the advantages of uniform regulation make it desirable that airports, restricted landing areas…

for Issuance. In determining whether to issue a certificate of approval or license for any proposed airport or restricted landing area, the director may consider proposed location, size, and layout, the relationship of the proposed airport or restricted landing area to other airp…

Under the Alabama Administrative Procedure Act. In any case where the director refuses to issue a certificate of approval, license, or renewal of license for an airport, restricted landing area, or other air navigation facility, or refuses to allow any aircraft to be operated, or…

Application for Certificate of Approval of Proposed Airport or Landing Field; Limitation of Operations Conducted on Licensed Airport. (a) Except as otherwise provided in this article, a person or a municipality, officer, or employee of a municipality may not operate an airport, r…

Approval of Airport. The director may conduct public hearings for the purpose of gathering information and public comment on the consideration of an application for approval of an airport or a restricted landing area, or an original license to use or operate an airport, restricte…

(1) PERSONAL USE. Sections 23-1-371, 23-1-372, 23-1-373, 23-1-375, 23-1-376, and 23-1-382 shall not apply to restricted landing areas on private property, designated for the use of the property owner and his or her immediate family. (2) UNITED STATES GOVERNMENT. Sections 23-1-371…

Condemnation Generally. (a) The department may on behalf of and in the name of the state, within the limitation of appropriations or other funds available, acquire, by purchase, gift, devise, lease, condemnation proceedings or otherwise, property, real or personal, for the purpos…

Where necessary, in order to provide unobstructed airspace for the landing and taking off of aircraft utilizing airports and restricted landing areas acquired or operated under this article, the department may acquire, in the same manner as provided in Section 23-1-378, easements…

Any officer or employee of the State Department of Transportation who pays or authorizes to be paid the expense account of any person not employed by the State Department of Transportation shall be guilty of a misdemeanor. History: (Acts 1951, No. 713, p. 1251.)

For purposes of acquiring any property, the department may exercise the right of eminent domain, in the name of the state, pursuant to Chapter 1A, Title 18. The fact that the property needed has been acquired by the owner under the power of eminent domain shall not prevent the pr…

Purposes; Airport Concessions. The department may lease for operation for a term not exceeding 30 years, state- owned airports or other air navigation facilities or real property acquired or set apart for airport purposes to any person, municipality, county, airport authority, st…

Exceptions. (a) The federal license, certificate, rating, or permit required to operate an aircraft shall be kept in the personal possession of an aircraft operator when he or she is operating an aircraft within the state and the license, certificate, rating, or permit shall be p…

Liability. All crimes, torts, and other wrongs committed by or against an airman or passenger while in flight over the state and the question of whether damage occasioned by or to an aircraft while in flight over the state constitutes a tort, crime, or other wrong by or against t…

All contractual and other legal relations entered into by pilots or passengers while in flight over the state shall have the same effect as if entered into on the land or water beneath. History: (Act 2000-220, p. 328, §37.)

An owner or keeper of any domestic animal or fowl may not allow a domestic animal or fowl to run at-large and enter or be upon any premises constituting an airport, restricted landing area, or other aeronautical facility. Violation of this section is a Class C misdemeanor. Histor…

(a) A person may not trespass upon the area within the boundaries of any airport or operate any vehicles upon or drive across any licensed airport, restricted landing area, or other aeronautical facility, unless the areas are used for administrative, inspection, and maintenance p…

A person may not hunt, pursue, harass, wound, kill, or otherwise harm any wild waterfowl or other birds or animals by any means whatever during the time the person is on any kind of aircraft. Violation of this section is a Class C misdemeanor. History: (Act 2000-220, p. 328, §40.…

A person who operates any aircraft within the airspace over, above, or upon the lands and waters of the state, carelessly and heedlessly in willful or wanton disregard of the rights or safety of others or without due caution and circumspection or in a manner so as to endanger or …

A person who willfully and without authority takes possession of or uses an aircraft or unlawfully removes or takes any component parts of an aircraft and any person who shall assist in, or be a party to, the taking, illegal possession of, or use of an aircraft or component parts…

The State Department of Transportation shall have a seal and shall have the power to administer oaths, take affidavits, and make certificates. History: (Code 1923, §1305; Acts 1927, No. 347, p. 348; Acts 1931, No. 10, p. 7; Code 1940, T. 23, §6.)

Except as herein otherwise provided, any person subject to this article who fails to comply with the requirements of, or violates this article, or of any of the rules, regulations, or orders issued pursuant thereto shall be guilty of a Class C misdemeanor. A violation of each rul…

All contractual rights, obligations of, and unexpended balances of appropriations and other funds or allocations of the Alabama Aeronautics Commission and the Alabama Department of Aeronautics shall be transferred to the Alabama Department of Transportation within 30 days after t…

(a) The Legislature of Alabama finds and declares the following: (1) Electric transmission infrastructure is critical to the economic growth and well- being of this state and Alabama has an immediate need to expand and facilitate such investment for the benefit of its residents. …

(a) It shall be the duty of the Department of Transportation to designate the roads to be constructed, repaired, and maintained and to construct, standardize, repair, and maintain roads and bridges of this state; and it shall have authority to make contracts or agreements to cons…

(a) The State Department of Transportation is authorized and empowered and may, with the approval of the Governor provide for a self-insurance program covering a certain amount to be paid to the employees of the State Department of Transportation who may be killed or injured in t…

This article shall be known as the Airport Airspace Safety Act of 2009. History: (Act 2009-579, p. 1701, §1.)

As used in this article, the following terms have the following meanings: (1) AIRPORT. Any area of existing land or man-made construction, except a restricted landing area, that is currently used, made available, or designed for the landing and takeoff of aircraft, whether or not…

Modification, Etc.. (a) In order to prevent airport hazards, a person shall secure a permit from the department for the construction, erection, alteration to a greater height, modification to a greater height, or replacement to a greater height of any structure within the state t…

(a) The department shall establish procedures for submitting applications and issuing permits. (b)(1) The department shall produce and, from time to time, modify and update the forms on which the applications for a permit shall be made. (2) The filing fee assessed by the departme…

(a) In the event of conflict between the requirements of this article and zoning laws or ordinances that regulate the height and location of airport hazards, and that meet or exceed the standards contained in 14 C.F.R. Part 77, that have been duly adopted by political subdivision…

The department may institute, in any court of competent jurisdiction, a civil action to enjoin, restrain, prevent, abate, or correct any violation of this article and violation of any determination, order, or ruling of the department. History: (Act 2009-579, p. 1701, §7.)

For the purpose of acquiring property for the expansion of an airport operated by a political subdivision, the value of the property within the existing or future runway protection zone, as depicted on the most current airport layout plan approved by the FAA, shall be based on th…

Should any portion of this article be declared unconstitutional, void, or invalid by a final decision of any court of competent jurisdiction, this article, in its entirety, shall become null and void as of the date of that final decision of the court. History: (Act 2009-579, p. 1…

(a) The roads and streets, drives, and parking areas located on the campus of any state institution of higher learning, the Alabama state hospitals, the Partlow State School and Hospital and the Alabama Agricultural Center in the City of Montgomery shall be deemed a part of the s…

The State Department of Transportation shall construct, repair, and maintain all roads on land owned by the state which is located within the boundaries of any state agricultural experiment station or of any branch or substation, and such roads shall be considered a part of the s…

Created.) As used in this article, the following words have the following meanings: (1) DEPARTMENT. The Department of Transportation. (2) FUND. The Alabama Transportation Safety Fund. History: (Act 2016-150, §1.)

Alabama Transportation Safety Fund. There is hereby created the Alabama Transportation Safety Fund in the State Treasury. All proceeds from the revenues designated to the fund less the cost of collection authorized by law shall be deposited into the fund to be expended only as pr…

of Funds by Department; Reporting Requirements. (a) The monies allocated to the department from the fund shall at all times be segregated and kept separate from other federal or state road and bridge funds allocated to the department. Monies from the fund shall only be expended f…

of Funds by County; Transportation Safety Fund Plan; Annual Report. (a) Except for monies allocated pursuant to subdivisions (1) and (2) of Section 23- 1-431, the monies paid to counties from the fund shall be deposited into a separate fund maintained by the county and expended o…

of Funds by Municipality; Municipal Transportation Safety Fund Plan; Annual Report. (a) The monies distributed to a municipality from the fund shall be deposited in a separate fund maintained by the municipality and expended only for one or more of the following: (1) The maintena…

Alabama Transportation Rehabilitation and Improvement Program Committee. (a) There is hereby created the Alabama Transportation Rehabilitation and Improvement Program (ATRIP) Committee. The appointing authorities shall coordinate their appointments to assure the committee members…

Termination of Article. The provisions of this article shall automatically terminate two years after the effective date of this article if no revenue is created. History: (Act 2016-150, §7.) Section: 23-2-1 through 23-2-26 Catchline: Repealed Repealed by Acts 1980, No. 80-136, p.…

(a) All officers and employees of the State Department of Transportation are hereby authorized and empowered to enter upon and go across the lands of any individual or corporation in the State of Alabama for the purpose of making any and all surveys necessary for the construction…

Owner. (a)(1) Any other provision of law to the contrary notwithstanding, the Director of Transportation shall have authority to acquire the rights-of-way deemed necessary by the State Department of Transportation for the construction of a state road, either by purchase or by the…

The State Department of Transportation shall have full authority to make such changes or additions to the system of state roads to conform to the requirements of the Federal Aid Law as it may deem proper and construct or maintain the same with state aid under the provisions of th…