Title XXXIX, Aeronautics

Witnesses summoned before the department shall be paid the same fees as witnesses summoned to appear before the superior court.

The construction, maintenance and operation of air navigation facilities is hereby declared a public governmental function, and no action or suit shall be brought or maintained against the state, or any county or municipality thereof, or its officers, agents, servants, or employe…

An owner, lessee, or occupant of premises on which private noncommercial air navigation facilities are located owes no duty of care to keep the premises safe for public use by others or to give any warning to willful users of the premises of hazardous conditions. An owner, lessee…

The procedure for rehearings and appeal shall be that prescribed by RSA 541.

In addition to complying with any other applicable provisions of this chapter, any person owning, operating or maintaining, or erecting, altering or replacing transmission or telephone lines over and across the open waters of this state shall, within 90 days following May 25, 195…

Notwithstanding the definitions of "operation of aircraft" and "operate aircraft" as set forth herein, no person owning a civil aircraft or having a security interest in, or security title to, any civil aircraft under a contract of conditional sale, equipment trust, chattel or co…

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…

In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to the provisions hereof but concerning which no application for a permit has been filed, it may on its own motion issue an …

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…

In addition to any other remedy, the department may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of the provisions hereof or of any rules, regulations or orders of the department issued pursuant thereto. The court…

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 …

Whoever violates or fails to comply with the provisions of this chapter or with regulations promulgated hereunder shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day's continuance of a violation of this chapter shall be deemed…

If any one or more of the provisions of this chapter is declared unconstitutional or the application thereof is held invalid, the validity of the remainder of the chapter and the application of such provision or provisions to other persons and circumstances shall not be affected …

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…

No such custodian shall be liable to the owner for any damages of such aircraft or aircraft component while it is in his custody.

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…

As used in this chapter, unless the context otherwise requires: I. "Airport" means any area, of land or water, except a restricted landing area, which is designed for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repai…

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…

All charges necessarily incurred by such custodian in the performance of carrying out the provisions of RSA 422-C:1 shall be a lien upon such aircraft or aircraft component. The custodian or manager of any hangar, airport facility or other place where such aircraft or aircraft co…

I. Except as provided in paragraph II, until a permit therefor has been issued by the department, no person shall erect, add to the height of or replace any structure within the areas described in paragraph II of this section which will result in a structure higher than that allo…

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 owner of an aircraft or aircraft component so placed in storage may reclaim the same before any sale by paying the charges incurred.