Title 21, AERONAUTICS

21-106. STATE AIRPORTS. (a) Establishment, Operation, Maintenance. The department is authorized on behalf of and in the name of the state, out of appropriations and other moneys made available for such purposes, to plan, establish, construct, enlarge, improve, maintain, equip, op…

21-107. STATE AIRWAYS, CHARTS AND BULLETINS. The department may designate, design, and establish, expand, or modify a state airways system which will best serve the interest of the state. It may chart such airways system and arrange for publication and distribution of such maps, …

21-108. CONTRACTS -- LAW GOVERNING. The department may enter into any contracts necessary to the execution of the powers granted it by this act. All contracts made by the department, either as the agent of the state or of any municipality, shall be made pursuant to the laws of th…

21-109. EXCLUSIVE RIGHTS. The department shall grant no exclusive right for the use of any airway, airport, or air navigation facility under its jurisdiction, but this section shall not be construed to prevent the making of contracts, leases and other arrangements pursuant to sec…

21-110. PUBLIC PURPOSE OF ACTIVITIES. The acquisition of any lands or interest therein pursuant to this act, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities, whether by the state …

21-111. RULES, REGULATIONS, STANDARDS. (a) Power to Issue. The department may perform such acts, issue and amend such orders, and make, promulgate, and amend such reasonable general or special rules, regulations and procedures, and establish such minimum standards, consistent wit…

21-112. RECKLESS OPERATION OF AIRCRAFT. It shall be unlawful for any person to operate an aircraft in the air, or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another. In any proceeding charging careless or reckless operation …

21-112A. OPERATING AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES. (1) It is unlawful for any person to pilot or be in actual physical control of an aircraft within this state, whether upon an airport or body of water, or in the airspace…

21-112B. TEST OF PILOT FOR ALCOHOL CONCENTRATION. (1) Any person who pilots or is in actual physical control of an aircraft in this state shall be deemed to have given his consent to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances as defin…

21-113. FEDERAL AIRMAN AND AIRCRAFT CERTIFICATES. (a) Operation Without Unlawful. It shall be unlawful for any person to operate, cause, or authorize to be operated any civil aircraft within this state unless such aircraft has an appropriate effective certificate, permit or licen…

21-114. REGISTRATION OF AIRCRAFT -- REQUISITES. (a) Fees. (1) Subject to the limitations of subsections (b) and (c) of this section, every aircraft operating within this state shall be registered with the department prior to or during each annual registration year in which the ai…

21-116. INVESTIGATIONS AND HEARINGS. (a) General Power, Accidents, Witnesses, Subpoenas, Court Order. The department shall have the power to hold investigations, inquiries and hearings concerning matters covered by the provisions of this act and the rules, regulations and orders …

21-117. FEDERAL-STATE JOINT HEARINGS -- RECIPROCAL SERVICES -- ACCIDENT REPORTING. (a) Joint Hearings. The department is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this act, or relating to t…

21-118. USE OF STATE AND MUNICIPAL FACILITIES AND SERVICES. In carrying out the provisions of this act the department may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible, and such agencies and mun…

21-119. ENFORCEMENT OF AERONAUTICS LAWS. (a) Enforcement Officers. It shall be the duty of the director and employees of the department, and every state and municipal officer charged with the enforcement of state and municipal laws, to enforce and assist in the enforcement of thi…

21-120. DEPARTMENT ORDERS -- NOTICE AND OPPORTUNITY FOR HEARINGS -- JUDICIAL REVIEW. Every order of the department requiring performance of certain acts or compliance with certain requirements and any denial or revocation of an approval, certificate or license shall set forth the…

21-122. EXCHANGE OF VIOLATIONS INFORMATION. The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of sections 21-112 and 21-113 and all penalties, of which it has knowledge, imposed up…

21-123. SEPARABILITY. If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions of application of this act which can be given effect without the invalid provisions or applications, …

21-124. SHORT TITLE. This act may be cited as the "Uniform State Aeronautics Department Act."

21-131. SHORT TITLE. This act shall be known and cited as the "Aeronautical Administration Act of 1970."

21-132. DECLARATION OF PURPOSE. It is hereby found and declared that there exists in the state of Idaho a need to improve and expand air service capabilities to meet the increased demands of air transportation. In view of the rapid growth of this mode of passenger transportation,…

21-134. IDAHO AERONAUTICS ADVISORY BOARD CREATED -- DUTIES -- COMPENSATION. There is hereby created and established the Idaho aeronautics advisory board. The board shall consult with and advise the Idaho transportation department on matters concerning aeronautics. Members shall b…

21-135. COMPOSITION OF ADVISORY BOARD -- NUMBER -- APPOINTMENT -- QUALIFICATIONS. The advisory board shall be composed of five (5) members to be appointed by the governor. All members shall be knowledgeable and have experience in aviation; provided however, one (1) member shall h…

21-136. APPOINTMENT OF MEMBERS -- TERM -- VACANCIES. For the purposes of selection of members of the advisory board of aeronautics, one (1) member shall be appointed to represent director districts no. 1 and 2, one (1) member to represent director districts no. 3 and 4, one (1) m…

21-137. CERTIFICATES OF MEMBERS -- OATH -- POLITICAL AFFILIATION -- BOND. Each member of the board shall receive a certificate of appointment from the governor, and before entering upon the discharge of his official duties, shall file with the secretary of state the constitutiona…

21-138. MEMBERS SERVE AT PLEASURE OF GOVERNOR. Members shall serve at the pleasure of the governor.

21-142. POWERS AND DUTIES OF BOARD. The Idaho transportation board shall be vested with the functions, powers and duties relating to the provisions of this act and shall have power to: (1) Contract in the name of the state with respect to the rights, powers and duties vested in t…

21-146. FUNDS, APPROPRIATIONS AND OTHER MONEYS FOR THE DEPARTMENT OF AERONAUTICS TRANSFERRED TO CONTROL OF IDAHO TRANSPORTATION BOARD. All funds, appropriations and other moneys from whatever source, now or hereafter appropriated and/or provided by law for the administration of t…

21-147. CONTINUATION OF EXISTING STATUTES -- EFFECT. The statutes of the state of Idaho now governing the administration, construction, maintenance, development and regulation of aeronautical facilities within the state, except where the same conflict with or are superseded by th…

21-148. CONTINUATION OF RIGHTS AND PRIVILEGES OF PRESENT EMPLOYEES -- EFFECT. Nothing herein contained shall affect the rights or privileges of employees of the present department of aeronautics under the public employee retirement system (chapter 13, title 59, Idaho Code), group…

21-149. CONFLICTS WITH OTHER LAWS. Whenever any provisions of the existing laws of the state or of any laws enacted at the fortieth session of the Idaho legislature, are in conflict with the provisions of this act, it is the declared intention of the legislature that the provisio…

21-150. VIOLATIONS -- PENALTY. Any person who shall violate or aid in the violation of any of the provisions of this act, unless a different penalty be prescribed by law, shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hun…

21-201. DEFINITION OF TERMS. a. The term "aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. b. The…

21-202. SOVEREIGNTY IN SPACE. Sovereignty in space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.

21-203. OWNERSHIP OF SPACE. The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 21-204.

21-204. LAWFULNESS OF FLIGHT. 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 so conducte…

21-205. DAMAGE ON LAND. The owner or the operator, or either of them, of every aircraft which is operated over the lands or waters of this state shall be liable for injuries or damages to persons or property on or over the land or water beneath, caused by the ascent, descent or f…

21-206. COLLISION OF AIRCRAFT. The liability of the owner of one aircraft to the owner of another aircraft, or to airmen or passengers on either aircraft, for damage caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land.

21-207. JURISDICTION OVER CRIMES AND TORTS. All crimes, torts and other wrongs committed by or against an airman 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 while in flig…

21-208. JURISDICTION OVER CONTRACTS. All contractual and other legal relations entered into by airmen or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.

21-209. UNIFORMITY OF INTERPRETATION. This act 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 the United States Air Commerce Act of 1926, the regulations…

21-210. SHORT TITLE. This act shall be known and cited as the Uniform State Law for Aeronautics.

21-211. PROCEEDS OF LICENSES AND FINES -- STATE AERONAUTICS FUND. All moneys collected for the licensing of aircraft and airmen, all fines and penalties paid under the provisions of laws relating to or regulating the operation, registration or licensing of aircraft or pilots, air…

21-213. RESTRICTIONS ON USE OF UNMANNED AIRCRAFT SYSTEMS -- DEFINITION -- VIOLATION -- CAUSE OF ACTION AND DAMAGES. (1) (a) For the purposes of this section, the term "unmanned aircraft system" (UAS) means an unmanned aircraft vehicle, drone, remotely piloted vehicle, remotely pi…

21-401. AUTHORITY TO PROVIDE FACILITIES -- EXPENSE -- ISSUANCE OF BONDS -- DUTIES OF COMMISSIONERS AND COUNCILMEN -- RESTRICTION ON LEASE OF FACILITIES. Counties, highway districts and cities are hereby authorized to acquire by purchase, lease, condemnation, or otherwise, take ov…

21-403. COUNTIES AND MUNICIPALITIES MAY SHARE IN COST OF AIRPORTS. Recognizing the need for airports as part of the national defense system and the inability of one (1) municipality or one (1) county to finance the cost of such construction and maintenance thereof within its own …