Chapter 64 — Chapter 64

History: Laws 1929, ch. 71, § 1; C.S. 1929, § 12-101; 1941 Comp., § 47-101; 1953 Comp., § 44-1-1; 1978 Comp., § 64-1-1, repealed by Laws 2023, ch. 100, § 82.

History: Laws 1929, ch. 71, § 11 as added by Laws 1941, ch. 115, § 1; 1941 Comp., § 47-110; 1953 Comp., § 44-1-10; Laws 1957, ch. 15, § 1; 1978 Comp., § 64-1-10, repealed by Laws 2023, ch. 100, § 82.

Sections 64-1-11 through 64-1-17 NMSA 1978 may be cited as the "Aviation Act." History: 1953 Comp., § 44-1-10.1, enacted by Laws 1963, ch. 314, § 1; 1977, ch. 250, § 12.

As used in the Aviation Act: A. "aircraft" means airplane and helicopter; B. "pilot" means any person participating in the operation of an aircraft while it is in flight; C. "passenger" means any person riding in an aircraft except a pilot; D. "department" means the department of…

The division shall: A. cooperate with all public and private agencies and organizations, state, local and federal, to encourage and advance aviation in this state; B. assemble and distribute to the public information relating to aviation, landing fields, beacons and other matters…

An air service assistance program is created to provide assistance to airlines in the establishment of regional air service for small communities to and from hub airports in the southwest United States. The division shall administer the air service assistance program and shall es…

The director shall: A. be the executive officer of the division; B. with the consent of the secretary, employ necessary personnel; and C. administer the aviation laws of this state and enforce the policies, rules and regulations of the division. History: 1953 Comp., § 44-1-10.6, …

A. There is created in the state treasury the "state aviation fund". All income to the state aviation fund is appropriated to the division. Earnings from investment of the fund shall be credited to the fund. B. The amounts distributed to the state aviation fund pursuant to Subsec…

An airport facility that receives funds under the Aviation Act may charge landing fees for aircraft used in commercial activities for compensation or for general aviation aircraft that weigh more than twelve thousand five hundred pounds; provided that any landing fees shall be as…

No money shall be expended under the Aviation Act for construction, development or maintenance of an airport facility located on private land, unless the landowner files a written agreement with the director permitting public use of the facility without limit as to time. History:…

History: Laws 1939, ch. 199, § 5; 1941 Comp., § 47-115; 1953 Comp., § 44-1-15; Laws 1963, ch. 314, § 10; 1977, ch. 250, § 20; 1978 Comp., § 64-1-18, repealed by Laws 2023, ch. 100, § 82.

The division may: A. contract with any agency of the federal government to perform specified aviation services; B. accept federal grants for the administration and performance of such aviation services; C. employ necessary personnel and pay other administrative costs from federal…

History: Laws 1929, ch. 71, § 2; C.S. 1929, § 12-102; 1941 Comp., § 47-102; 1953 Comp., § 44-1-2; 1978 Comp., § 64-1-2, repealed by Laws 2023, ch. 100, § 82.

death or loss.] No person riding in an aircraft as a guest, without payment for the ride or transportation, nor his personal representative in the event of the death of such guest, shall have a cause of action against any pilot or crewman of such aircraft or its owner or his empl…

In this act [64-1-21 to 64-1-23 NMSA 1978], "aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, including a parachute or other contrivance designed for such navigation. History: 1953 Comp., § 44-1-17, enacted …

Any person discharging a firearm or setting in flight any missile, projectile or object intended to strike or collide with any flying aircraft shall be guilty of unlawful interference with the flight of an aircraft. History: 1953 Comp., § 44-1-18, enacted by Laws 1965, ch. 34, § …

Whoever is convicted of unlawful interference with the flight of an aircraft shall be guilty of a fourth degree felony. History: 1953 Comp., § 44-1-19, enacted by Laws 1965, ch. 34, § 3.

History: Laws 1929, ch. 71, § 3; C.S. 1929, § 12-103; 1941 Comp., § 47-103; 1953 Comp., § 44-1-3; 1978 Comp., § 64-1-3, repealed by Laws 2023, ch. 100, § 82.

History: Laws 1929, ch. 71, § 4; C.S. 1929, § 12-104; 1941 Comp., § 47-104; 1953 Comp., § 44-1-4; 1978 Comp., § 64-1-4, repealed by Laws 2023, ch. 100, § 82.

History: Laws 1929, ch. 71, § 5; C.S. 1929, § 12-105; 1941 Comp., § 47-105; 1953 Comp., § 44-1-5, 1978 Comp., § 64-1-5, repealed by Laws 2023, ch. 100, § 82.

History: Laws 1929, ch. 71, § 6; C.S. 1929, § 12-106; 1941 Comp., § 47-106; 1953 Comp., § 44-1-6; 1978 Comp., § 64-1-6, repealed by Laws 2023, ch. 100, § 82.

History: Laws 1929, ch. 71, § 7; C.S. 1929, § 12-107; 1941 Comp., § 47-107; 1953 Comp., § 44-1-7; 1978 Comp., § 64-1-7, repealed by Laws 2023, ch. 100, § 82.

History: Laws 1929, ch. 71, § 8; C.S. 1929, § 12-108; 1941 Comp., § 47-108; 1953 Comp., § 44-1-8; 1978 Comp., § 64-1-8, repealed by Laws 2023, ch. 100, § 82.

History: Laws 1929, ch. 71, § 10; C.S. 1929, § 12-110; 1941 Comp., § 47-109; 1953 Comp., § 44-1-9; 1978 Comp., § 64-1-9, repealed by Laws 2023, ch. 100, § 82.

A. Whenever any political subdivision of the state owns and operates an airport which is located within the jurisdiction of any other political subdivision or whose approach plan area is within the jurisdiction of any other political subdivision, the political subdivision owning …

To protect the lives and property of the users of the airport and the occupants of the territory adjacent to the airport, the joint airport zoning board may exercise those powers and duties granted legislative bodies under the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA…

ANNOTATIONS Repeals. — Laws 1987, ch. 318, § 98B repealed 64-3-1 NMSA 1978, as enacted by Laws 1949, ch. 147, § 1, relating to creation of civil air patrol division, effective April 10, 1987.

ANNOTATIONS Repeals. — Laws 1987, ch. 318, § 98B repealed 64-3-2 NMSA 1978, as enacted by Laws 1955, ch. 84, § 1, relating to cooperation with other agencies authorized, effective April 10, 1987. ARTICLE 4 Registration of Aircraft

Sections 64-4-1 through 64-4-15 NMSA 1978 may be cited as the "Aircraft Registration Act." History: 1953 Comp., § 44-5-1, enacted by Laws 1965, ch. 122, § 1; 1977, ch. 250, § 22.

Whenever the owner or lessee of a registered aircraft transfers his title or interest thereto, the registration certificate and number issued for such aircraft shall remain with said aircraft. Upon a transfer or assignment of title or interest the owner or lessee shall endorse su…

A. The division shall collect the following registration fees: (1) when the model of the aircraft is one year or less old immediately prior to the year for which it is being registered, two cents ($.02) a pound of manufacturer's maximum gross weight; (2) when the model of the air…

Any dealer in new or used aircraft, or both, who holds such aircraft for resale and operates them primarily for purposes incident to a resale, or owner or lessee of specialized-use aircraft, may apply to the division for a dealer's or a specialized-use license. Upon such applicat…

Any person who fraudulently uses a false or fictitious name in any application for aircraft registration or knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application shall upon conviction, be guilty of a misdemean…

A. Except as provided in Subsection B of this section, all fees collected under the provisions of the Aircraft Registration Act shall be remitted to the state treasurer by the division for credit to the state aviation fund. B. Eighty percent of registration fees collected with re…

The provisions of this act [64-4-1 to 64-4-15 NMSA 1978] shall not apply to the following: A. Public aircraft. Any aircraft owned by the state or any political subdivision thereof, or any aircraft of the United States government. B. Nonresident aircraft. Any aircraft having a hab…

The purpose of this act [64-4-1 to 64-4-15 NMSA 1978] is to provide for registration and uniform taxation of aircraft based or hangared in New Mexico. History: 1953 Comp., § 44-5-2, enacted by Laws 1965, ch. 122, § 2.

As used in the Aircraft Registration Act: A. "division" means the aviation division of the state highway and transportation department; B. "director" means the executive head of the division; C. "maximum gross weight" means the manufacturer's gross weight according to the operati…

A. All aircraft based or hangared within this state shall be registered annually with the division, and a registration fee shall be paid as approved in the Aircraft Registration Act. B. Aircraft that are within the state for maintenance, overhaul, storage or repair, but that are …

A. The owner or lessee of an aircraft, whichever is in possession, shall register the aircraft prior to March 1 of each year. B. Any person who purchases, leases or otherwise acquires an aircraft or brings one into the state after March 1 shall register the aircraft within fiftee…

A. The registration fee and any penalties that have accrued under the Aircraft Registration Act constitute a lien on the aircraft from the date the registration fee was due. The division shall notify the registered owner of any aircraft required to be registered under that act by…

Upon receipt of an application for registration of any aircraft and payment of the required fee, the division shall file the application, assign to the application and the aircraft to be registered a distinct number and register the application and the number in an index to be ke…

The division shall prepare the applications for registration certificate [certificates] and registration numbers to provide for a uniform, statewide registration of aircraft and shall keep in the office of the division in Santa Fe a current index of aircraft registration. History…

The director has the power to adopt reasonable rules and regulations for the purpose of implementing the Aircraft Registration Act. History: 1953 Comp., § 44-5-8, enacted by Laws 1965, ch. 122, § 8; 1970, ch. 50, § 6; 1977, ch. 250, § 27.

Duplicate certificates of registration may be obtained upon proof of loss or destruction of the original by application therefor to the division and a payment of one dollar fifty cents ($1.50) for each additional certificate. History: 1953 Comp., § 44-5-9, enacted by Laws 1965, c…

Any aircraft which has crashed and which has not been removed from the site of the crash is conclusively presumed to be abandoned by the owner if: A. one year has elapsed from the time that the aircraft was released to the owner by the federal agency responsible for investigating…

A. The aviation division of the transportation department [department of transportation] may issue a salvage permit for the salvaging and removal of any crashed aircraft which it finds to be abandoned. The permit shall be issued pursuant to rules and regulations promulgated by th…

termination of permits. A. Any person who has been issued a valid salvage permit by the aviation division may, within sixty days after the date of issuance of the permit, enter any land specified therein for the specific purpose of salvaging and removing the crashed aircraft spec…

The aviation division may enter into contracts and agreements with the United States government relating to the salvaging and removal of crashed aircraft which are owned by the United States government. History: 1953 Comp., § 44-6-4, enacted by Laws 1975, ch. 18, § 4; 1977, ch. 2…

This act [64-6-1 to 64-6-5 NMSA 1978] may be cited as the "Rural Air Service Enhancement Act". History: Laws 2021, ch. 47, § 1.

As used in the Rural Air Service Enhancement Act: A. "air route" means any scheduled operation or public charter; B. "charter flight" means a flight operated under the terms of a charter contract between a direct air carrier and the carrier's customer. "Charter flight" does not i…