Title 6, Title 6: AVIATION

6:1-87. Injunctions The commissioner may institute, in any court of competent jurisdiction, an action in the name of the State to prevent, restrain, correct, or abate any violation of any provision of this act, and the court shall adjudge to the State such relief, by way of injun…

6:1-88. Acquisition of interest in property or nonconforming structure In any case in which it is desired to remove, lower, or otherwise terminate a nonconforming use; or in which the necessary protection from an airport hazard cannot, because of constitutional limitations, be pr…

6:1-89 Short title. 1. This act shall be known and may be cited as the "New Jersey Airport Safety, Security and Improvement Act." L.1983, c.264, s.1; amended 2010, c.38, s.3.

6:1-9. Powers and duties of commission; traffic and field rules; aircraft standards; commission's records and reports The commission shall have general charge of and supervision over the administration and enforcement of this chapter. It may establish and revise from time to time…

6:1-90 Findings, declarations. 2. a. The Legislature finds and declares that: (1) New Jersey's public use, general aviation airports are an integral part of the State's transportation network and promote mobility and economic activities of common public benefit. These public use,…

6:1-91 Definitions. 3. As used in this act: a. "Commissioner" means the Commissioner of Transportation. b. "Department" means the Department of Transportation. c. "Fund" means the Airport Safety Fund, as established in section 4 of this act. d. "Treasurer" means the State Treasur…

6:1-92 "Airport Safety Fund." 4. a. There is established in the general fund a separate special account to be known as the "Airport Safety Fund." Notwithstanding any provisions of law to the contrary and except as otherwise provided in this act, revenues from the taxes imposed on…

6:1-93 Permitted uses of Airport Safety Fund. 9. The commissioner is hereby authorized to expend moneys from the Airport Safety Fund established by section 4 of the "New Jersey Airport Safety, Security and Improvement Act," P.L.1983, c.264 (C.6:1-92), for the following purposes: …

6:1-94. Qualifications for assistance from airport safety fund; factors considered in granting application for assistance; certification requirements Any airport, to qualify under the provisions of section 9 of this act, ^1^ shall not be an international airport, either by classi…

6:1-94.1 Airport Safety Fund, Airport Improvement Program, grants, airports, carry over, future fiscal years; rules, regulations. 1. a. Any airport that has been awarded a grant provided through the "Airport Safety Fund" established pursuant to section 4 of P.L.1983, c.264 (C.6:1…

6:1-95 Powers of commissioner. 11. a. The commissioner may acquire airports or lands or rights therein, including aviation easements necessary for clear zones or clear areas, by gift, devise or purchase, when it is deemed to be necessary for the safe operation of the airport and …

6:1-95.1 Submission of summary of terms, conditions to Legislature. 2. The Commissioner of Transportation shall submit to the Legislature for approval a summary of the terms and conditions of each purchase of development rights and the purchase price thereof, as authorized pursua…

6:1-96. Rules and regulations The commissioner is authorized to make such rules and regulations, in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), as he deems necessary to effectuate the purposes of this act. L.1983, c. 264, s. 18, ef…

6:1-97. Aircraft exempt from taxation All aircraft, whether or not the same are required to be registered under State or federal law, shall be exempt from taxation under chapters 4 and 11A of Title 54 of the Revised Statutes or any other law of this State which may impose a perso…

6:1-98. Governor's Air and Space Medal 1. a. Each year during the month of May, Aviation Awareness Month, an award shall be presented by the Governor or the Governor's designee, in a public ceremony, to an individual currently or formerly residing in this State, or to an organiza…

6:2-1. Definitions As used in this chapter: "Aircraft" includes balloon, aeroplane, seaplane and every other vehicle used for navigation through the air. A seaplane, while at rest on water and while being operated on or immediately above water, shall be governed by rules regardin…

6:2-10. Contracts made during 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.

6:2-11. Acrobatic stunts; low flying over public gatherings prohibited; penalty Any airman or passenger who, while in flight over a thickly inhabited area or over a public gathering within this state, shall engage in trick or acrobatic flying, or in any acrobatic feat, or shall, …

6:2-12. Killing of birds and animals from planes; penalty Any airman or passenger who, while in flight within this state, shall intentionally kill or attempt to kill any birds or animals shall be guilty of a misdemeanor and shall be punished with a fine of not more than one hundr…

6:2-2. Short title This chapter may be cited as the "uniform state law for aeronautics" .

6:2-3. How construed This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.

6:2-4. Right of sovereignty in air 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.

6:2-5. Ownership of space The ownership of 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 6:2-6 of this title.

6:2-6. Flight over lands permitted; liability for forced landing 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 …

6:2-7. Liability for injuries to person or property; lien on aircraft; mortgagees, vendors and trustees not deemed owners The owner of every aircraft which is operated over the land or waters of this State is absolutely liable for injuries to persons or property on the land or wa…

6:2-8. Liability for collision The liability of the owner of one aircraft, to the owner of another aircraft, or to airmen or passengers on either aircraft, for damages caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land.

6:2-9. Torts and crimes committed in flight; laws of state applicable 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 t…

6:3-1. Department of Transportation approval No county, municipality, public agency, authority or private airport owner in this State, whether acting alone or jointly with another county, municipality, public agency or authority, shall submit to the Administrator of the Federal A…

6:5-1. Definitions When used in this act "Avigation" means the operating, steering, directing or managing of aircraft in or through the air and on the ground or water; "Aircraft" means any contrivance now known or hereafter invented, used or designed for avigation or flight in th…

6:5-2. Right and manner of service of process on nonresidents extended This chapter shall be construed as extending the right and manner of service of process upon nonresidents, and not as limiting any other lawful manner for such service. L.1952, c. 199, p. 708, s. 2.

6:5-3. Secretary of State as agent 3. (a) Any person, not being a resident of this State, who shall operate, pilot or avigate any aircraft on or over the land or waters or through the airspace of this State, whether or not such person shall be licensed to do so in accordance with…

6:5-4. Manner of service upon Secretary of State; notice Service of process upon the Secretary of State shall be made by leaving the original and a copy of the summons and 2 copies of the complaint, with a fee of $20.00 in the hands of the Secretary of State, or someone designate…

6:5-5. Continuances The court in which an action, against an operator, pilot or owner mentioned in section three of this act, is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. L.1952, c. 199, p. 711, s.…

6:5-6. Fee The fee of $20.00 paid by the plaintiff to the Secretary of State at the time of service and the cost of giving notice as provided in this act shall be taxed in plaintiff's costs if he prevails in the action. L.1952, c. 199, p. 711, s. 6. Amended by L.1966, c. 91, s. 2…

6:5-7. Record of processes served The Secretary of State shall keep a record of processes served pursuant to the provisions of this act, which shall show the day and hour of such service. L.1952, c. 199, p. 711, s. 7.

6:5-8. Nonresident involved in accident; execution of power of attorney appointing Secretary of State as agent Whenever any collision or accident shall occur on or over the land or waters or in the air spaces of this State and the operator or pilot of any aircraft involved therei…

6:5-9. Service of process upon nonresident owner of aircraft involved in accident Civil process in any civil action arising out of a collision or accident in which any aircraft of a nonresident owner, not registered or licensed under the laws of this State, notwithstanding that s…