Title 05, Title 05: Aeronautics and Surface Transportation

§ 33. Right of inspection The members of the Transportation Board, or the Secretary of Transportation or his or her designee and other employees of the Agency authorized by the Secretary, may during business hours enter and inspect the offices, plants, facilities, and stations or…

§ 34. Refusal to show books; false oath; penalties A person, company, or corporation subject to the supervision of the Board or the Agency who refuses the Board or the Agency access to its books, accounts, or papers so far as may be necessary under the provisions of this chapter,…

§ 35. Depositions The Agency of Transportation, its representatives, or any party in any investigation or hearing conducted by virtue of this title may cause the depositions of witnesses, wherever residing, to be taken in the manner and be used for those purposes that the Supreme…

§ 36. Service of process (a) All processes and hearing notices issued by the Board shall state the time and place of return and at least 12 days’ notice shall be given as the Board directs by certified or registered mail or publication, unless a shorter period is ordered by the B…

§ 37. Members; terms; retirement; appeal (a) When a Board member who hears all or a substantial part of a case retires from office before the case is completed, that individual shall remain a member of the Board for the purpose of concluding and deciding the case and signing the …

§ 38. Fees of witnesses; duties of Executive Secretary; duties of Secretary of Agency The fees of witnesses before the Board or the Agency shall be the same as in the Superior Court. In all causes on behalf of or for the convenience or safety of the public, and in the investigati…

§ 39. Joint hearings and investigations The Board shall have authority to make joint investigations, hold joint hearings within or outside the State of Vermont, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or agency of a…

§ 40. Pleadings; rules of practice; findings of fact (a) The forms, pleadings, and rules of practice and procedure before the Board shall be prescribed by the Board. (b) The Board shall hear all matters within its jurisdiction and make findings of fact. It shall state its rulings…

§ 41. Decree of Transportation Board; enforcement A party to an order or decree of the Transportation Board or the Board itself, or both, may complain to a Superior Court for relief against any disobedience of or noncompliance with a Board order or decree. In enforcement proceedi…

§ 42. Injunctive proceedings Whenever the Agency of Transportation determines that a company subject to its supervision is failing or omitting or is about to fail or omit to do anything required of it by law or by order of the Board or is doing anything or permitting anything or …

§ 43. Judicial review A party to a cause who feels aggrieved by the final order, judgment, or decree of the Board may seek judicial review pursuant to 19 V.S.A. § 5(c). However, the Board, before final judgment, may permit an interlocutory appeal to be taken by any party pursuant…

§ 44. Powers of the Supreme Court Upon appeal to the Supreme Court, the Court may reverse or affirm the judgments, orders, or decrees of the Transportation Board and may remand a cause to it with mandates, as law or equity shall require; and the Board shall enter its judgment, or…

§ 45. Additional personnel; compensation (a) For purposes of the proceedings described in subsection (b) of this section, the Board or Agency may retain the services of legal counsel, official stenographers, and expert witnesses. These persons shall be in addition to its regular …

§ 46. Assessment of costs (a) The Board or the Agency may allocate the portion of the expense incurred by it in retaining additional personnel for the particular proceedings authorized in section 45 of this title to the company or companies involved in those proceedings. Periodic…

§ 201. Short title This chapter may be cited as the “State Aeronautics Act.” (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 202. Definitions As used in this part of this title, unless the context otherwise requires: (1) “Aeronautics” means the science, art, and practice of flight, including transportation by aircraft and matters relating to air commerce; the operation, construction, repair, or maint…

§ 203. Purpose It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress: (1) by providing for the protection and promotion of safety in aeronautics; (2) by cooperating in effecting uniformity of the laws and regulations re…

§ 204. Powers of Agency generally (a) To carry out the purposes of this part, the Agency of Transportation shall have power, subject to subsection (b) of this section: (1) To contract in the name of the State with individuals, firms, or corporations, with officials of a town, cit…

§ 205. Duties of Agency generally (a) The Agency shall have general supervision over aeronautics within this State. (b) The Agency shall cooperate with and assist the federal government, the political subdivisions of this State, and others engaged in aeronautics or the promotion …

§ 206. Federal and other monies received; deposit, designation, appropriation, and disbursement (a) The Agency is authorized to cooperate with the government of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and other navig…

§ 207. Registration; licenses, certificate of approval (a) The Board is authorized to approve airport and restricted landing area sites or other air navigation facilities in accordance with rules to be adopted by the Board. Certificates of approval shall be granted for airports a…

§ 207a. Carrying and inspection of airman license The federal license, certificate, or permit shall be kept in the personal possession of the airman when operating within this State and must be presented for inspection upon the demand of a passenger; a peace officer of this State…

§ 208. Inspection To carry out the provisions of this part, the Board or any of its members, the Secretary or officers or employees of the Agency, and any State or municipal officers charged with the duty of enforcing this part may inspect and examine at reasonable hours any prem…

§ 209. Payment for acquisition of land Whenever the Agency approves the expenditure of monies in connection with the acquisition of property for airport, landing field, or landing strip purposes in accordance with the provisions of this part, or in reimbursing local governmental …

§ 210. Disposition of fees All fees specified in this chapter shall be collected by the Agency and forthwith paid into the State Treasury and credited to the Transportation Fund. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 211. Appropriation from taxes on aircraft fuel Funds appropriated from the proceeds of any tax on aircraft fuel, including jet fuel and aviation gasoline, shall be expended under the direction of the Agency exclusively for aviation purposes consistent with 49 U.S.C. § 47133 and…

§ 212. Penalty A person who violates a provision of this chapter, or a rule or order issued pursuant to this chapter, shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 221. Definitions As used in this subchapter: (1) “Airport manager” means the owner of an airport in this State or an agent authorized to act on behalf of an airport owner. (2) “Storage operator” means a person who stores an aircraft or aircraft component at the request of an ai…

§ 222. Abandoned aircraft; authority to take custody, remove, and store; notice of intent; limitation on liability (a) Subject to subsection (b) of this section, an airport manager who discovers an aircraft or aircraft component apparently abandoned, or an aircraft without a curr…

§ 223. Lien; right to contest costs (a) If the notice requirements of subsection 222(b) of this title are fulfilled, all reasonable storage, removal, and other costs necessarily incurred thereafter by an airport manager or a storage operator in carrying out the provisions of this…

§ 224. Right of owner to reclaim The owner or lienholder of an aircraft or aircraft component stored under this subchapter may reclaim the aircraft or aircraft component prior to any sale by paying the outstanding costs described in section 223 of this title. (Added 2017, No. 158…

§ 225. Sale authorized; notice of proposed sale (a) If the owner or lienholder has not reclaimed the aircraft or aircraft component after the aircraft manager fulfills the notice requirements of subsection 222(b) of this title, and if the airport manager fulfills the notice requi…

§ 226. Application of proceeds The airport manager shall pay the balance of the proceeds of the sale, if any, after payment of liens and the reasonable expenses incident to the sale, to the owner or lienholder of the aircraft or aircraft component, if claimed at any time within o…

§ 402. Ownership of space The ownership of the 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 403 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 403. Lawful and unlawful flight; 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 existing use to which the land or water, or the space over the land or water, is put by the owner or unless condu…

§ 404. Contractual and other legal relations Contractual and other legal relations entered into by airmen or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 405. Crimes, torts, and other wrongs A crime, tort, or other wrong committed by or against an airman or passenger while in flight over this State shall be governed by the laws of this State. The question whether damages occasioned by or to an aircraft while in flight over this …

§ 421. Minimum altitudes for operation Except when necessary for take-off or landing, or by special permission of the Agency, no person shall operate an aircraft below the following altitudes: (1) An altitude that will permit, in the event of the failure of a power unit, an emerg…

§ 422. Penalty for violation A person who violates a provision of section 421 of this title shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 423. Diversion from normal flight; careless operation (a) An aircraft shall not be diverted from a normal flight nor engage in acrobatic maneuvers nor be so operated as to diminish the stability and safety of the aircraft when the aircraft is over a thickly settled portion of a…

§ 425. Killing birds or animals While in flight within this State, an airman or passenger who intentionally kills or attempts to kill a bird or animal shall be fined not more than $50.00 or imprisoned for not more than 60 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 426. Helicopters; aircraft engaged in crop spraying or dusting The Agency may adopt rules necessary to regulate the operation in flight of helicopters, or of aircraft engaged in crop spraying or dusting. The provisions of section 421 of this title shall not apply to these rules…

§ 427. Operating under influence of liquor or drugs; penalty; revocation of right (a) No person shall operate or attempt to operate an aircraft or serve as a member of a crew while under the influence of alcohol or any habit-forming drug. (b) A person who violates a provision of …

§ 428. Reporting an aircraft A person who demands money or any other thing of value or a benefit for himself or herself or another as a condition for disclosing the location of an aircraft that has crashed, crash-landed, or is missing shall be fined not more than $1,000.00 or imp…

§ 476. Reports of accidents (a) The operator of an aircraft involved in an accident or incident on a State-owned airport resulting in personal injury or damage to property shall immediately notify the Agency and within 48 hours shall make a report to the Agency of the circumstanc…

§ 477. Removal of wrecks (a) No aircraft or part of an aircraft involved in an accident in this State resulting in serious or fatal injuries or in such damage as to render the aircraft not airworthy shall be moved or disturbed except when: (1) necessary to give assistance to pers…