TITLE XXXIX
AERONAUTICS

CHAPTER 422
NEW HAMPSHIRE AERONAUTICS ACT

Prohibitions and Penalties

Section 422:29

    422:29 Penalties. –
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 this chapter:
(1) Any person who owns a civil aircraft who causes or authorizes the operation of a civil aircraft owned by him or her for which the current state registration or aircraft operating fees, if required, have not been paid.
(2) Any person who operates or permits operation of aircraft on or from any airport for compensation or hire, unless said area is registered with the department.
(b) Fines in the following amounts shall be imposed:
(1) For a first offense, 3 times the registration and operating fees which would have been due at the time of the violation.
(2) For a second and subsequent offenses, 7 times the registration and operating fees which would have been due at the time of the violation.
II. Notwithstanding the provisions of title LXII, any person who violates any provision pertaining to air traffic rules, or who violates any provision of any order, rule, or condition placed on any registration certificate, shall be guilty of a violation for which fines in the following amounts shall be imposed:
(a) First offense, $100
(b) Second offense, $200
(c) Third and subsequent offenses, $500.
III. Notwithstanding the provisions of RSA title LXII, any person who fails to answer a subpoena or to testify before the department shall be guilty of a violation for the first offense for which a fine of up to $400 may be imposed and shall be guilty of a misdemeanor for the second and subsequent offenses.
IV. Any person who fraudulently forges, counterfeits, alters, or falsely makes any certificate authorized hereunder, or any person who knowingly uses or attempts to use any such fraudulent certificate, shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
V. Any person who displays any false light, signal, or air marking or who moves, defaces, or obstructs, or otherwise interferes with the use of any airport or airway light or marking, any air navigation facility, or any device or equipment used in connection with air navigation, shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
VI. Any person who operates or attempts to operate an aircraft while under the influence of intoxicating liquor or of any controlled drug as prohibited by this chapter or 14 C.F.R. part 91 as amended shall be guilty of a class B felony and be subject to the same penalties as a person convicted of a violation of RSA 265-A:2, I as specified in RSA 265-A:18, I(c). Any conviction under this section shall be reported to the department of safety, division of motor vehicles and shall become a part of the motor vehicle driving record of the person convicted.
VII. Any person who violates RSA 422:28, XIII shall be guilty of a class A felony.
VIII. Any owner or operator of an aircraft who knowingly refuses or fails to make a report of an aircraft accident or aircraft incident as required by RSA 422:28, X shall be guilty of a violation.
IX. Any person who violates the provisions of RSA 422:28, XIV shall be guilty of a class B felony.

Source. 2002, 6:1, eff. July 1, 2002. 2003, 146:3, eff. Aug. 16, 2003. 2006, 260:29, eff. Jan. 1, 2007. 2016, 92:3, eff. Jan. 1, 2017.