Title XXXIX, Aeronautics

The state and municipalities are hereby authorized to accept funds from the United States for the construction and maintenance of air navigation facilities. The director is hereby authorized to act for the state and municipalities with representatives of the federal government in…

No municipality in this state, whether acting alone or jointly with another municipality or with the state, shall submit to any agent of the federal government any project application under the provisions of section 16(a) of the Act of Congress, approved May 21, 1970, being Publi…

I. Any municipality or person desiring or planning to construct or establish an airport prior to the acquisition of the site or prior to the construction or establishment of the proposed airport may make application to the department for approval of the site. The department shall…

The department shall, with reasonable dispatch, upon receipt of an application for an original registration, issue an appropriate registration certificate if it is satisfied that the airport conforms to minimum standards of safety and that safe air traffic patterns can be worked …

There shall be no exclusive right for the use of any airport or air navigation facility upon which state or federal funds have been expended; provided, that the state or a municipality acquiring air navigation facilities under the provisions of this chapter, is authorized to cont…

I. All registered privately-owned airports open to the public within the state offered for sale by an owner after July 2, 1989, shall be offered for sale to the state of New Hampshire in the first instance. The state of New Hampshire, acting through the commissioner with the appr…

It is hereby declared that the purpose of this chapter is to further the public interest by: I. The revision of existing statutes relative to aviation in order to centralize all aeronautical activities in a single state agency authorized to participate in any activity essential t…

The operation of any airport registered under the provisions of this chapter other than unattended private noncommercial airports shall be under the supervision and control of an airport manager. Each manager, and any authorized representatives of, and successors to the manager, …

The owner of each airport open for public use shall submit to the department quarterly a list of all aircraft, including the federal registration number for each aircraft, that are based at that airport.

I. The department is empowered to issue registration certificates for aircraft, airports, and commercial aviation operators and to establish the requirements for and the terms, conditions and limitations of such certificates. II. The effective date for commercial aviation operato…

No provision of this chapter relating to registration by the department shall be so construed as to require: I. The registration of nonresident aircraft, or nonresident air carriers engaged exclusively in air commerce constituting an act of interstate or foreign commerce. II. The…

A state registration certificate shall not be transferable, except as provided in RSA 422.

On the date of transfer of title of an aircraft registered with the department, the owner in writing shall report the transaction to the department, and shall surrender the registration certificate for said aircraft, properly executed as to transfer of title, to the purchaser. Th…

I. The commissioner shall suspend or revoke a state registration certificate issued for an aircraft or commercial aviation operator if the holder thereof makes any material false statement in an application for a certificate or in any report required by the department. II. The co…

Any person whose registration certificate has been suspended or revoked, or who has been denied such a certificate by the department, or who has been assessed an administrative penalty or fine for violation of a provision of this chapter shall have the right to file a petition, w…

I. All seaplanes shall be considered boats while in operation on the waters of the state and shall be subject to the marine rules of navigation, except that they shall be exempt from all laws and rules concerning the operation of boats for the purpose of landing and taking off fr…

I. All roadable aircraft shall be considered motor vehicles while in operation on the roadways of the state and shall comply with the provisions of RSA 265. II. The operation of roadable aircraft shall be subject to restrictions placed upon the use of public roadways by rules ado…

It shall be unlawful: I. For any person to operate or authorize the operation of any civil aircraft which is not possessed of a valid identification mark assigned by the federal government. II. For any resident to own or authorize the operation of any civil aircraft owned by him …

Any person who operates or attempts to operate an aircraft on the ground, on the public waters, or in the air in this state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether the person is under the influence of intoxic…

Violation of any provisions of this chapter or rules and regulations made hereunder shall be punishable as follows: I. (a) The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine for the following offenses upon any person who violates t…

In this chapter: I. "Administration" means the Federal Aviation Administration of the United States, or any federal agency superseding the federal aviation administration. II. "Aeronautics" means the act or practice of the art and science of transportation by aircraft, and operat…

The court imposing any penalty authorized by this chapter, within 7 days of the receipt of such fine, shall forward the same to the department with an abstract of the record of any conviction of a violation of any provision of this chapter.

The department is hereby authorized to collect the following fees for the issuance of registration certificates and for rendering certain services. I. [Repealed.] II. [Repealed.] III. An aircraft operating fee for each aircraft for which a state registration certificate is requir…

On or before September 15 of each year, the commissioner shall certify in a report to the governor and the chairpersons of the house and senate standing committees on ways and means the following information: for the fiscal year just ended, the numbers of aircraft registered in e…

No provision of RSA 422:31 shall be so construed as to require: I. A fee for the registration of an aircraft owned by a nonresident engaged in air commerce within the state, when waiver of such fee is requested in writing. Such request shall state specific dates, location and jus…

The owner of any aircraft for which the aircraft operating fee has been paid shall, upon transfer of the state registration certificate in accordance with the provisions of RSA 422:31, IV, be entitled to a credit in the amount of any such fee toward any other such fee required in…

I. There is hereby imposed an airways toll of $.04 per gallon upon the sale of each gallon of motor fuel or fuel, as defined by RSA 259:58, sold to and used in the propulsion of aircraft. The airways toll shall be subject to the exemptions provided for government sales by RSA 260…

I. All fees, fines, or other income received under the provisions of this chapter shall be paid by the department to the state treasurer, except as provided in RSA 422:36. II. There is hereby established the state aeronautical fund. The commissioner is authorized to accept gifts …

I. A portion of moneys derived from the airways toll, available for the establishment and maintenance of air navigation facilities, may be paid over directly to a city or town which has established an aeronautical fund in accordance with the provisions of RSA 423:6, 7, and 8. II.…

I. There is hereby established a Skyhaven airport advisory council consisting of 11 voting members, 3 of whom shall be appointed by the governor, with the advice and consent of the council. The membership of the advisory council shall be comprised of individuals who shall have ex…

The commissioner of transportation shall be responsible for the following functions: I. Exercising general supervision, control, and direction over all matters pertaining to the location, construction and maintenance of air navigation facilities built or maintained, in whole or i…

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. The use of department-owned aircraft, and fees charged to other state departments and agencies, as authorized by RSA 422:6, in the event the department becomes the owner of an aircraft. II. Notice requirem…

I. The provisions of this chapter providing for civil or administrative sanction shall be enforced by the director and department employees, in accordance with procedures adopted pursuant to RSA 541-A. II. The provisions of this chapter providing for criminal sanction shall be en…

The commissioner, after consultation with the director of aeronautics, rail, and transit, is hereby authorized to lease, purchase, or own and to maintain and operate such aircraft as may be approved by the governor and council, and to provide for the use of such aircraft by other…

I. The director shall have the power to hold investigations, inquiries and hearings concerning aircraft accidents, aircraft incidents and violations or in connection with any matter relating to aeronautics and is authorized to do so jointly with any agency of the United States. I…

All persons shall give adequate public notice of the construction or alteration, or the proposed construction or alteration, of any structure where such notice will promote safety in air navigation.

The state airways system is hereby declared to consist of all air navigation facilities available for public use now existing or hereafter established, whether publicly or privately owned and whether natural or man made, except those under the jurisdiction of the federal governme…