Chapter 90

Section 35C. Application for such permit shall be made to the commission on a form furnished by it. If such application is granted, the permit shall specify the location of such structure or a defined area within which it shall be located, its maximum height, and, in conformity w…

Section 35D. The provisions of section thirty-five B shall not be construed to prohibit the maintenance, repair or replacement nor to require any change in the height or location of any structure existing prior to the initial approval of an airport by the commission or prior to t…

Section 39. The commission shall have general supervision and control over aeronautics. The commission may provide air transportation for state agencies and officials, provided said agencies or officials pay to the commission the charge established for such service. Said charge s…

Section 39A. The commission shall prepare and revise from time to time a plan for the development of airports and air navigation facilities in the commonwealth. Such plan shall specify, in terms of general location and type of development, the projects considered by the commissio…

Section 39B. Each city or town before acquiring any property within the commonwealth for the purpose of establishing, constructing, enlarging or improving thereon an airport or restricted landing area, shall apply to the commission for a certificate of approval of the site. Befor…

Section 39C. The commission is hereby authorized to expend such sums as may be appropriated for the purpose of reimbursing cities or towns for airport construction as provided in section thirty-nine F. Such reimbursements shall be subject to the provisions and restrictions of sai…

Section 39E. The commission, when it considers such assistance desirable and feasible, may provide, without charge, engineering or other technical services to any city or town requesting such services in connection with the acquisition, construction, establishment, enlargement, i…

Section 39F. Whenever any city or town undertakes, in conformity with the state airport plan, the acquisition, construction, establishment, enlargement, improvement or protection of an airport and has appropriated sufficient funds, which together with funds available under this s…

Section 39G. The provisions of sections thirty-five to fifty-two, inclusive, applicable to any city or town shall apply to airports and aeronautical facilities owned or operated by any county, except for the method of appointment of the airport commission thereof, which commissio…

Section 3A. The acceptance by a person who is a resident of any other state or country of the rights and privileges conferred by section three, as evidenced by the operation, by himself or agent, of a motor vehicle or trailer thereunder, or the operation by such a person, by hims…

Section 3B. The operation by any person, by himself or his agent, of any motor vehicle or trailer, whether registered or unregistered, and with or without a license to operate, on any way, or private way if entrance thereto was made from a way, or in any place to which the public…

Section 3C. Service of process under section three A or three B shall be made by leaving a copy of the process with a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven in the hands of the registrar, or in h…

Section 3D. Application for registration of a motor vehicle or trailer or for a license to operate motor vehicles shall constitute and irrevocably appoint, in case the certificate of registration or license applied for is issued, the registrar or his successor in office the true …

Section 3E. The fee paid by the plaintiff under section three C or three D to the registrar at the time of the service shall be taxed in his costs if he prevails in the action or proceeding. The registrar shall keep a record of all processes served upon him under said sections th…

Section 3F. The provisions of sections three A to three E, inclusive, shall be separable, and if any such provision shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining provisions thereof.

Section 3G. In a civil action against a non-resident for damage to property or for the death of or bodily injury to any person resulting from an accident in this commonwealth alleged to have been caused by a motor vehicle owned or operated by such non-resident, the plaintiff may …

Section 40. The Massachusetts aeronautics commission, in sections thirty-five to fifty-two, inclusive, called the commission, shall foster air commerce and private flying within the commonwealth and for such purpose shall: (a) encourage the establishment of airports and air navig…

Section 40A. Any city, except Boston, and any town, may by ordinance or by-law adopt, and may administer and enforce, in the manner and upon the conditions hereinafter prescribed, approach regulations relative to approaches to publicly owned airports, applicable to areas within s…

Section 40B. All airport approach regulations adopted under this chapter shall be reasonable, and no such regulation shall require the removal or lowering, or other change or alteration, or prohibit the repair or replacement, of any structure or tree not conforming to the regulat…

Section 40C. In a city airport approach regulations may be adopted, amended or repealed only by action of the city council, and in a town only by vote of the town, at a meeting called for the purpose, and in either case only after a public hearing held by the city council of the …

Section 40D. (1) A city or town may by ordinance or by-law prohibit the erection of new structures or the replacement or substantial alteration of existing structures within the area to which airport approach regulations adopted under section forty A apply, without a permit from …

Section 40E. Any city or town adopting airport approach regulations under section forty A may delegate the duty of administering and enforcing such regulations to any administrative agency under its jurisdiction, or may establish an administrative agency for the purpose. The duti…

Section 40F. If any structure is erected in violation of any regulation adopted under section forty A, the administrative agency, city council or selectmen, as the case may be, having jurisdiction may direct the owner of said structure, at his own expense, to lower, remove, recon…

Section 40G. (1) In any case in which, in the opinion of the city council of a city, or the selectmen of a town, in which the real estate hereinafter referred to is located, or owning the airport in question, the public interest requires the establishment of protection to the app…

Section 40H. If any corporation subject to regulation by the department of public utilities or the department of telecommunications and cable is aggrieved by the adoption of airport approach regulations under section forty A, or by a direction to lower, remove, reconstruct or equ…

Section 40I. Airport approach regulations adopted under section forty A, and orders for the taking of property under section forty G, shall be submitted as soon as may be after adoption to the commission for its approval. The commission shall, within thirty days after such submis…

Section 41. The commission, or the director if so designated by it, may hold investigations or hearings relative to matters covered by any provision of sections thirty-five to fifty-two, inclusive, or of any order, rule or regulation of the commission, and shall hold investigatio…

Section 42. The superior court shall have jurisdiction in equity to enforce any lawful rule, regulation or order made by the commission or any of its members or by a city or town under any provision of sections thirty-five to fifty-two, inclusive, and may compel the attendance of…

Section 43. The commission shall keep on file for public inspection at the office of the state secretary, and also at its principal office, a copy of all its orders and general and special rules and regulations, as amended from time to time.

Section 44. Any person failing to comply with any requirement, or violating any provision, of sections thirty-five to fifty-two, inclusive, or the rules and regulations for the enforcement of said sections made by the commission, or airport approach regulations made by a city or …

Section 45. Any person aggrieved by any rule or approach or other regulation made under sections thirty-five to fifty-two, inclusive, or by any ruling, decision or order under any provision of said sections or of any such rule or regulation may, within thirty days after the effec…

Section 46. Flight of aircraft over the lands and waters of this commonwealth, within the navigable air space as defined in section thirty-five, shall be lawful unless at such a low altitude as to interfere with the then existing use to which the land or water or space over the l…

Section 47. The public safety requiring, and the advantages of uniform regulation making it desirable in the interest of aeronautical progress, that a person engaging within this commonwealth in navigating or operating aircraft in any form of navigation should have the qualificat…

Section 48. The public safety requiring, and the advantages of uniform regulation making it desirable in the interest of aeronautical progress, that aircraft operated within this commonwealth should conform with respect to design, construction and air-worthiness to the standards …

Section 49. Each resident airman, and owner and operator, or owner or operator, of all aircraft and dealer in aircraft shall register the federal certificate of said airman, aircraft or dealer in aircraft in such manner as the commission may by regulation prescribe. (a) Subject t…

Section 49A. A full record shall be kept by every court of every case in which a person is charged with a violation of any provision of sections thirty-five to fifty-two, inclusive, of this chapter, or of the rules and regulations for the enforcement of said sections made by the …

Section 49B. The following words, as used in sections forty-nine B to forty-nine R, inclusive, shall, unless the context requires otherwise, have the following meanings:— (a) ''Judgment'', any judgment which has become final upon a claim for damages suffered by a claimant arising…

Section 49C. (a) The commission shall administer and enforce the provisions of sections forty-nine B to forty-nine R, inclusive, and may make rules and regulations necessary for the administration thereof, which shall become effective ten days after the filing of the same with th…

Section 49D. (a) Not later than thirty days after receipt of an accident report, the commission shall determine by an order entered of record (1) the amount of security within the limits specified in section forty-nine E, which it deems sufficient to satisfy any judgment for dama…

Section 49E. (a) A policy or bond provided under section forty-nine D shall be issued by an insurer or surety company authorized to do business in the commonwealth, or issued by an insurer or surety company not authorized to do business in the commonwealth, but found by the commi…

Section 49F. A registration or a non-resident's operating privilege suspended under section forty-nine D shall not be restored or renewed with respect to the aircraft involved in or the owner or operator liable for the accident until:— (a) Security is deposited as required under …

Section 49G. (a) Any person may at any time apply to the commission for a certificate of self-insurance, whether or not there has occurred an accident as a result of which he might be affected by some other provision of sections forty-nine B to forty-nine R, inclusive. (b) The co…

Section 49H. (a) In case the operator or owner of an aircraft involved in an accident within the commonwealth has no certificate of registration, or is a non-resident, he shall not be allowed a certificate of registration or a non-resident's operating privilege, until he has comp…

Section 49I. (a) The security required under section forty-nine D shall be cash or securities permissible under state law as security for deposit of state funds and in such amount as the commission may require but in no case in excess of the limits specified in section forty-nine…

Section 49J. Security deposited in compliance with the requirements of section forty-nine I shall be delivered to the custody of the state treasurer and shall be released only:— (a) Upon certificate of the commission in the payment of a judgment rendered against the person or per…

Section 49K. The commission shall, upon written request, make available to persons whose legal rights may be affected thereby, information and material developed in the course of its administration of sections forty-nine B to forty-nine R, inclusive.