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Delaware Statutes, Title 2

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Delaware/Statutes

← All Delaware coverage

Title 2, Transportation

15 chapters · 209 sections in this title.

All chapters in Title 2209 Ch 13, Delaware Transportation Authority34 Ch 1, REGULATION32 Ch 9, AIRPORTS OF POLITICAL SUBDIVISIONS29 Ch 18, Public Carrier26 Ch 19, Transportation Networks22 Ch 14, Transportation Trust Fund18 Ch 3, Uniform State Aeronautics Law12 Ch 20, Public-Private Initiatives Program i…12 Ch 7, State Airports8 Ch 21, Complete Community Enterprise District6 Ch 15, Pedestrian Council4 Ch 5, Aircraft Operation3 Ch 6, Obstructions in Airport Approach Areas3

209 sections·Filtered byTitle 2✕

2 Del. C. § 101. Purpose of chapter.
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§ 101. Purpose of chapter. The purpose of this chapter is to further the public interest and aeronautical progress by providing for the protection and promotion of safety in aeronautics; by cooperating in effecting a uniformity of the laws relating to the development and regulati…
2 Del. C. § 102. Definitions.
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§ 102. Definitions. For the purpose of this part or any other laws of this State relating to aeronautics, unless otherwise specifically defined, or unless another intention clearly appears or the context requires a different meaning: (1) “Aeronautics” or “aviation” means transpor…
2 Del. C. § 103. Delaware Aviation Advisory Council.
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§ 103. Delaware Aviation Advisory Council. In accordance with the intent and purpose of this chapter, as set forth therein, the Department is authorized to appoint and select members of a Delaware Aviation Advisory Council (DAAC), to assist the Department in furthering and promot…
2 Del. C. § 131. General powers and duties.
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§ 131. General powers and duties. The Department shall have general supervision over aeronautics within this State. It shall encourage, foster, and assist in the development of aeronautics in this State and encourage the establishment of airports and other air navigation faciliti…

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2 Del. C. § 132. Coordination of aeronautics matters and activities with and between the federal government, political subdivisions and others.

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§ 132. Coordination of aeronautics matters and activities with and between the federal government, political subdivisions and others. The Department shall cooperate with and assist the federal government, the political subdivisions of this State and others engaged in aeronautics …

2 Del. C. § 133. Reports to federal agencies; preservation of aircraft involved in accidents.

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§ 133. Reports to federal agencies; preservation of aircraft involved in accidents. The Federal Aviation Administration has primary responsibility for investigating aircraft accidents. Initial reports of accidents may be directed by state and/or local police agencies that report …

2 Del. C. § 134. Rules, regulations, and standards.

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§ 134. Rules, regulations, and standards. (a) The Department may perform such acts, issue and amend such orders, and make, promulgate, and amend such reasonable general or special rules, regulations, and procedure, and establish such minimum standards, consistent with this chapte…

2 Del. C. § 135. State airways system.

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§ 135. State airways system. The Department may designate, design, and establish, expand, or modify a state airways system which will best serve the interests of the State. It may chart such airways system and arrange for publication and distribution of such maps and charts and n…

2 Del. C. § 136. Technical services to public use airports and political subdivisions.

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§ 136. Technical services to public use airports and political subdivisions. The Department may, insofar as is reasonably possible, offer its technical services and advice to any political subdivision or public use airport desiring those services in connection with the actual or …

2 Del. C. § 137. Legislation; representation of State before federal agencies.

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§ 137. Legislation; representation of State before federal agencies. The Department may draft and recommend necessary legislation to advance the interest of the State in aeronautics and represent the State in aeronautical matters before federal agencies and other state agencies.C…

2 Del. C. § 138. Participation in litigation or other proceedings.

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§ 138. Participation in litigation or other proceedings. The Department may participate as party plaintiff or defendant, or as intervenor on behalf of the State or any political subdivision or citizen thereof in any controversy having to do with any claimed encroachment by the fe…

2 Del. C. § 139. Enforcement of aeronautics laws.

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§ 139. Enforcement of aeronautics laws. The Department, its members and employees, the Secretary of Transportation, and every state, county and municipal officer charged with the enforcement of state and municipal laws shall enforce and assist in the enforcement of this chapter a…

2 Del. C. § 140. Conduct of investigations, inquiries and hearings.

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§ 140. Conduct of investigations, inquiries and hearings. The Department, any member thereof, the Secretary of Transportation, or any officer or employee of the Department designated by it may hold investigations, inquiries and hearings concerning matters covered by the provision…

2 Del. C. § 141. Reports of investigations.

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§ 141. Reports of investigations. In order to facilitate the making of investigations by the Department, in the interest of public safety and promotion of aeronautics, the public interest requires, and it is, therefore, provided that the reports of investigations or hearings, or …

2 Del. C. § 142. Financial assistance to political subdivisions, public use airports and education programs.

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§ 142. Financial assistance to political subdivisions, public use airports and education programs. The Department may, through the Office of Aeronautics, render assistance in the acquisition, development, operation or maintenance of airports and aviation projects of political sub…

2 Del. C. § 143. Authority to contract.

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§ 143. Authority to contract. The Department may enter into any contracts necessary to the execution of the powers granted it by this chapter.Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(14); 2 Del. C. 1953, § 143; 57 Del. Laws, c. 671, § 11D;

2 Del. C. § 144. Grant of exclusive rights prohibited.

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§ 144. Grant of exclusive rights prohibited. The Department shall grant no exclusive right for the use of any airway, airport, restricted landing area, or other air navigation facility under its jurisdiction. This section shall not prevent the making of leases in accordance with …

2 Del. C. § 145. Cooperation with federal government.

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§ 145. Cooperation with federal government. The Department may cooperate with the government of the United States, and any agency or department thereof, in the acquisition, construction, improvement, maintenance and operation of airports and other air navigation facilities in thi…

2 Del. C. § 146. Receipt of federal moneys for airports.

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§ 146. Receipt of federal moneys for airports. The Department may accept, receive, and receipt for federal moneys and other moneys, either public or private, for and in behalf of this State, or any political subdivision, for the acquisition, construction, improvement, maintenance…

2 Del. C. § 147. Disposition of federal moneys for airports.

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§ 147. Disposition of federal moneys for airports. All moneys accepted for disbursement by the Department under § 146 of this title shall be deposited in the State Treasury, and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds…

2 Del. C. § 148. Contracts for air navigation facilities.

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§ 148. Contracts for air navigation facilities. All contracts for the acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the Department, either as the agent of this State or as the agent of any political subd…

2 Del. C. § 161. Declaration of policy.

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§ 161. Declaration of policy. (a) The Federal Aviation Regulations (promulgated by the Federal Aviation Administration pursuant to Part A of Subtitle VII of Title 49 of the United States Code, as amended) prescribe uniform rules and regulations pertaining to aviation. These regul…

2 Del. C. § 162. Airports, landing areas and other air navigation facilities.

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§ 162. Airports, landing areas and other air navigation facilities. The Department, through the Office of Aeronautics, may approve and license airports and helicopter landing sites or other air navigation facilities in accordance with regulations it adopts pertaining to such appr…

2 Del. C. § 163. Refusal and revocation of license; registration or approval.

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§ 163. Refusal and revocation of license; registration or approval. The Department, through the Office of Aeronautics, may suspend or revoke any certificate of approval or license issued by it when it determines that an airport, restricted landing area or other navigation facilit…

2 Del. C. § 170. Operation of airport, landing area, etc. without license; approval of site required before acquisition.

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§ 170. Operation of airport, landing area, etc. without license; approval of site required before acquisition. (a) All proposed airports, restricted landing areas, and other air navigation facilities shall be first licensed by the Department before they, or any of them, shall be …

2 Del. C. § 171. Hearings for approval of airport sites or for licensing airports.

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§ 171. Hearings for approval of airport sites or for licensing airports. Whenever the Department makes an order granting or denying a certificate of approval of an airport or a restricted landing area site, or an original license to use or operate an airport, restricted landing a…

2 Del. C. § 172. Standards for approving airport sites and licensing airports.

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§ 172. Standards for approving airport sites and licensing airports. In determining whether it shall issue a certificate of approval of a site or license for the use or operation of any proposed airport or restricted landing area, the Department shall take into consideration its …

2 Del. C. § 173. Exceptions from approval and licensing requirements.

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§ 173. Exceptions from approval and licensing requirements. Sections 170 through 172 inclusive of this title shall not apply to restricted landing areas designed for personal use or to any airport, restricted landing area or other air navigation facility owned or operated by the …

2 Del. C. § 174. Orders of Department refusing or revoking license, registration or approval.

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§ 174. Orders of Department refusing or revoking license, registration or approval. In any case where the Department refuses to issue a certificate of approval of or license or renewal of license for an airport, restricted landing area or other air navigation facility, or refuses…

2 Del. C. § 175. Review of Department’s action.

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§ 175. Review of Department’s action. Any person aggrieved by an order of the Department, or by the granting or denial of any license, certificate, or registration may have the action of the Department reviewed by the Superior Court in the manner provided for the review of the or…

2 Del. C. § 181. Penalties.

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§ 181. Penalties. Whoever violates this chapter or any of the rules, regulations, or orders issued pursuant thereto shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.Code 1935 c. 167; 45 Del. Laws, c. 301, § 13; 2 Del. C. 1953, § 181;

2 Del. C. § 191. Insurance notice.

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§ 191. Insurance notice. All contracts for flight instruction and/or the rental or leasing of aircraft in the State shall contain a written statement notifying the student, renter, lessee or bailee of the extent of insurance coverage applicable to the lessor and lessee. The stude…

2 Del. C. § 301. Definitions.

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§ 301. Definitions. When used in this chapter: (1) “Airperson” includes aviator, pilot, balloonist and every other person having any part in the operation of aircraft while in flight. (2) “Aircraft” includes balloon, airplane, hydroplane and every other vehicle used for navigatio…

2 Del. C. § 302. Sovereignty in space.

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§ 302. Sovereignty in space. Sovereignty in the space above the lands and waters of this State rests in the State, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this State.33 Del. Laws, c. 199, § 2; Code 1935, § 577…

2 Del. C. § 303. Ownership of space.

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§ 303. Ownership of space. The ownership of space above the lands and waters of this State is vested in the several owners of the surface beneath, subject to the right of flight described in § 304 of this title.33 Del. Laws, c. 199, § 3; Code 1935, § 5778; 2 Del. C. 1953, § 303;

2 Del. C. § 304. Lawfulness of flight and landings.

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§ 304. Lawfulness of flight and landings. Flight in aircraft over the lands and waters of this State is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless…

2 Del. C. § 305. Damage on land; liability.

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§ 305. Damage on land; liability. The owner of every aircraft which is operated over the lands or waters of this State is absolutely liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent or flight of the aircraft, or the dropping o…

2 Del. C. § 306. Collision of aircraft; law governing liability.

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§ 306. Collision of aircraft; law governing liability. The liability of the owner of 1 aircraft to the owner of another aircraft, or to airpersons or passengers on either aircraft, for damage caused by collision on land or in the air, shall be determined by the rules of law appli…

2 Del. C. § 307. Crimes and torts in flight; law governing.

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§ 307. Crimes and torts in flight; law governing. All crimes, torts and other wrongs committed by or against an airperson or passenger while in flight over this State shall be governed by the laws of this State; and the question whether damage occasioned by or to an aircraft whil…

2 Del. C. § 308. Contracts in flight.

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§ 308. Contracts in flight. All contractual and other legal relations entered into by aeronauts or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath.33 Del. Laws, c. 199, § 8; Code 1935, § 5783; 2 Del. C. 1953, §…

2 Del. C. § 309. Dangerous flying; penalty.

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§ 309. Dangerous flying; penalty. Whoever, being an airperson or passenger, while in flight over a thickly inhabited area or over a public gathering within this State, engages in trick or acrobatic flying, or in any acrobatic feat, or, except while in landing or taking off, flies…

2 Del. C. § 310. Hunting from aircraft; penalty.

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§ 310. Hunting from aircraft; penalty. Whoever, being an airperson or passenger, while in flight within this State, intentionally kills or attempts to kill any birds or animals, shall be fined not more than $100 or imprisoned not more than 6 months, or both.33 Del. Laws, c. 199, …

2 Del. C. § 311. Uniformity of interpretation.

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§ 311. Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronauti…

2 Del. C. § 312. Aiming the beam of a laser pointer at an aircraft prohibited; unclassified misdemeanor.

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§ 312. Aiming the beam of a laser pointer at an aircraft prohibited; unclassified misdemeanor. (a) A person is guilty of aiming the beam of a laser pointer at an aircraft when the person knowingly shines, points, or focuses the beam of a laser pointer at an aircraft while it is i…

2 Del. C. § 501. Adoption of Federal Aviation Regulations governing aircraft operations.

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§ 501. Adoption of Federal Aviation Regulations governing aircraft operations. The federal government has enacted laws (Part A of Subtitle VII of Title 49 of the United States Code, as amended) and promulgated regulations concerning the operation of aircraft. The rules and regula…

2 Del. C. § 502. Use of alcohol or drugs in connection with aircraft operations.

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§ 502. Use of alcohol or drugs in connection with aircraft operations. The State recognizes the serious hazard to safe aircraft operations and to the public resulting from the impairment of an airperson’s faculties due to the use of alcohol or drugs. In conformity with Parts 61, …

2 Del. C. § 503. Penalties; jurisdiction.

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§ 503. Penalties; jurisdiction. Violations under this chapter shall be referred by the Department, through the Office of Aeronautics, to the Federal Aviation Administration for enforcement action and/or imposition of sanctions.70 Del. Laws, c. 575, § 16;

2 Del. C. § 601. Jurisdiction.

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§ 601. Jurisdiction. The Department may enforce this chapter by the filing of a complaint in a court of appropriate jurisdiction, including a complaint for injunctive relief.70 Del. Laws, c. 575, § 17;

2 Del. C. § 602. Erection or maintenance of obstructions; prohibitions.

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§ 602. Erection or maintenance of obstructions; prohibitions. (a) A building permit issued by the county or municipality having land use jurisdiction, after review and approval as provided herein, shall be required for the construction, erection, placement or alteration of any sm…

2 Del. C. § 603. Erection or maintenance of obstructions; penalties.

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§ 603. Erection or maintenance of obstructions; penalties. Whoever constructs, erects, places or alters any obstruction without first obtaining a building permit as required in this chapter shall, upon being found liable therefore in a civil proceeding, be fined an amount not exc…