TITLE XXXIX
AERONAUTICS
Chapter 422
NEW HAMPSHIRE AERONAUTICS ACT
Section 422:1
422:1 Title of Chapter. –
This chapter shall be known and may be cited as the New Hampshire Aeronautics Act.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:2
422:2 Purpose. –
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 to progress in aeronautics.
II. Making available for the development of aeronautics the funds now received for the registration of commercial aviation operators, aircraft, and landing areas, and providing new sources of revenue.
III. Effecting uniformity in the regulations pertaining to the operation of aircraft by authorizing the adoption of uniform regulations consistent with federal regulations and making noncompliance with federal regulations a violation of the state law, thereby enabling the law enforcement agencies of the state to enforce the laws regulating the operation of aircraft.
IV. Providing for the protection and promotion of the public interest and safety in connection with the operation of aircraft.
V. By imposing an operating fee on aircraft for the use of the facilities and services of the state airways system, which shall be in lieu of a personal property tax on aircraft.
VI. Insuring that public airports are sited with due regard to the views of those municipalities in which they are proposed to be located.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:3
422:3 Definitions. –
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 operation, construction, repair or maintenance of aircraft, airports, air navigation facilities or air instruction.
III. "Air commerce" means interstate, overseas, or foreign air commerce or the transportation of mail by aircraft or any operation or navigation of aircraft within the limits of any federal airway or any operation or navigation of aircraft which directly affects, or which may endanger safety in, interstate, overseas, or foreign air commerce by a person operating under Federal Aviation Regulations Part 121.
IV. "Air navigation facility" means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid of air navigation, including airports, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe take-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport and any combination of any or all of such facilities.
V. "Air transportation" means the transportation of persons, property, or mail by aircraft.
VI. "Aircraft" means a device that is used, or intended to be used for flight in the air, and for which a federal registration certificate and number have been assigned.
VII. "Aircraft accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.
VIII. "Aircraft dealer" means a person engaged in the business of buying or selling new or used aircraft.
IX. "Aircraft incident" means an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations.
X. "Airport" means an area of land or water that is used or intended to be used for the landing and taking off of aircraft, and includes its buildings and facilities, if any.
XI. "Antique aircraft" means an aircraft which was manufactured 40 or more years ago.
XII. "Aviation users advisory board" means the aviation users advisory board constituted pursuant to RSA 21-L:8.
XIII. "Certificate, registration (state)" is a document issued by the division for aircraft, airports, and commercial aviation operators, specifying the aeronautical activities in which the holder thereof may engage.
XIV. "Civil air regulations" means the regulations of the Federal Aviation Administration issued under the authority of the "Federal Aviation Act of 1958," or any federal regulations superseding those issued under the administration of that act. These are also known as "Federal Aviation Regulations", or "FAR's".
XV. "Civil aircraft" means any aircraft of the United States other than a public aircraft.
XVI. "Commercial aviation operator" means any person, who in any capacity engages in one or more aeronautical activities for compensation or hire within the boundaries of an airport. Aeronautical activities include, but are not limited to carriage of persons or property; flight training; instruction; construction, sale, repair, maintenance, modification, or storage of aircraft, aircraft fuel or aircraft parts; or rendering other aviation services for compensation.
XVII. "Commissioner" means the commissioner of transportation.
XVIII. "Department" means the department of transportation.
XIX. "Director" means the director of the division of aeronautics, rail, and transit, department of transportation.
XX. "Fatal injury" means any injury which results in death within 30 days from the date of the injury.
XXI. "Hazard to air navigation" means any structure, tree, steam, smoke, dust, or other substance which obstructs the aerial approaches of an airport or impairs reasonable visibility in the vicinity thereof, electrical impulses and disturbances which interfere with radio aids or communications and lights which might result in glare in the vision of pilots of aircraft or be confused with airport lights.
XXII. "Operation of aircraft," or "operate aircraft" means the use of aircraft for the purpose of flight, and includes the navigation of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of this chapter.
XXIII. "Person" means an individual, a proprietorship, or any form of organization recognized by the laws of this state or the United States as able to own property or conduct its affairs as a legal entity.
XXIV. "Public aircraft" means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory, or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.
XXIV-a. "Roadable aircraft" means any aircraft capable of taking off and landing from a suitable airfield which is also designed to be driven on public roadways as a conveyance.
XXV. "Resident" means resident, as defined in RSA 21:6.
XXVI. "Seaplane" means any aircraft on floats or an amphibian aircraft with a hull and sponson, which is capable of landing or taking off from land or water.
XXVII. "Serious injury" means any injury which:
(a) Requires hospitalization for more than 48 hours, commencing within 7 days from the date the injury was received.
(b) Results in a fracture of any bone (except simple fractures of fingers, toes, or nose).
(c) Causes severe hemorrhages, nerve, muscle, or tendon damage.
(d) Involves any internal organ.
(e) Involves second-degree or third-degree burns, or any burns affecting more than 5 percent of the body surface.
XXVII-a. "Small unmanned aircraft" means an unmanned aircraft as defined in federal regulations, as amended.
XXVII-b. "Small unmanned aircraft system" means a small unmanned aircraft and its associated elements as defined in federal regulations, as amended.
XXVIII. "Structure" means any object constructed or installed by man.
XXIX. "Substantial damage" means damage or failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component. Engine failure or damage limited to an engine if only one engine fails or is damaged, bent fairings or cowling, dented skin, small punctured holes in the skin or fabric, ground damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered "substantial damage" for the purpose of this chapter.
XXX. "Unmanned aircraft" means an aircraft as defined in federal regulations, as amended.
Source. 2002, 6:1, eff. July 1, 2002. 2004, 257:30, eff. July 1, 2004. 2020, 33:38, eff. Sept. 22, 2020. 2021, 91:138, 139, eff. July 1, 2021.
Section 422:4
422:4 Duties of Commissioner. –
The commissioner of transportation shall be responsible for the following functions:
I. Exercising general supervision, control, and direction over all matters pertaining to the location, construction and maintenance of air navigation facilities built or maintained, in whole or in part, with state funds.
II. Recommending to the governor and council the state acquisition of land, easements and rights of way for air navigation facilities, provided that the municipality or municipalities in which a public airport is to be sited approves the recommendation.
III. Coordinating agencies and persons involved with aircraft search and rescue missions within the state.
IV. Assisting state and federal officials in the investigation of civil aircraft accidents and civil aircraft incidents within the state.
V. Investing in department employees the authority to enforce by civil process, violations of the aeronautics statutes and rules.
VI. Effecting uniformity in the regulations pertaining to the operation of aircraft by adopting uniform rules consistent with federal regulations and making noncompliance with federal regulations a violation of state law, thereby enabling the law enforcement agencies of the state to enforce the laws regulating the operation of aircraft. For the purposes of this paragraph, aircraft shall include ultralight vehicles as defined in federal regulations, as amended, and small unmanned aircraft systems as defined in RSA 422:3, XXVII-b.
Source. 2002, 6:1, eff. July 1, 2002. 2021, 91:140, eff. July 1, 2021.
Section 422:5
422:5 Enforcement of Laws. –
I. The provisions of this chapter providing for civil or administrative sanction shall be enforced by the director and department employees, in accordance with procedures adopted pursuant to RSA 541-A.
II. The provisions of this chapter providing for criminal sanction shall be enforced by any police and law enforcement officer, including, but not limited to, members of the state police, sheriffs, deputy sheriffs, policemen, and constables and all persons empowered to make arrests in criminal cases.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:6
422:6 Operation of Aircraft. –
The commissioner, after consultation with the director of aeronautics, rail, and transit, is hereby authorized to lease, purchase, or own and to maintain and operate such aircraft as may be approved by the governor and council, and to provide for the use of such aircraft by other departments and agencies of the state. All fees collected from state departments and agencies under this section shall be used to pay costs of maintenance and operation of said aircraft. Such fees shall not lapse but may be used for the purposes of this section.
Source. 2002, 6:1, eff. July 1, 2002. 2004, 257:31, eff. July 1, 2004. 2019, 134:23, eff. June 25, 2019.
Section 422:7
422:7 Investigations. –
I. The director shall have the power to hold investigations, inquiries and hearings concerning aircraft accidents, aircraft incidents and violations or in connection with any matter relating to aeronautics and is authorized to do so jointly with any agency of the United States.
II. The director shall maintain all reports received of aircraft accidents, aircraft incidents and violations as non-public records, not subject to disclosure as a public record, and solely for use in evaluating requests for airport site approval, requests for airport registration, notices regarding hazards to air navigation, and any other purposes relating to aeronautics.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:8
422:8 Hazards to Air Navigation. –
All persons shall give adequate public notice of the construction or alteration, or the proposed construction or alteration, of any structure where such notice will promote safety in air navigation.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:9
422:9 State Airways System. –
The state airways system is hereby declared to consist of all air navigation facilities available for public use now existing or hereafter established, whether publicly or privately owned and whether natural or man made, except those under the jurisdiction of the federal government. It is hereby declared that jurisdiction over the state airways system is vested in the department and that expenditure of state funds in the interest of safety on any or all of the facilities of this system serves a useful public purpose and satisfies a public need. The department shall prescribe the terms and conditions of the activities authorized for each such facility.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:10
422:10 Public Ownership. –
The state and its municipalities are hereby authorized to acquire, construct, maintain, and operate, any air navigation facility, and may do so jointly with the United States, other states, or with each other; provided, that no public airport shall be constructed without approval from the legislative body of the municipality or municipalities in which the airport is proposed to be sited.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:11
422:11 Suits Affecting. –
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 employees, in or about the construction, maintenance, operation, superintendence, or management of any air navigation facility.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:12
422:12 Private Ownership Liability Exemption. –
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, or occupant of premises on which private non-commercial air navigation facilities are located who gives permission to another to use the facilities does not thereby:
I. Extend any assurance that the premises are safe; or
II. Constitute the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed;
III. Assume responsibility for or incur liability for any injury to person or property caused by any act of the person to whom the permission has been granted.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:13
422:13 Liability of Certain Persons Not in Possession of Aircraft. –
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 corporate mortgage, or other instrument of similar nature and no lessor of any such aircraft under a bona fide lease shall be liable other than by application of the doctrine of respondeat superior merely by reason of such ownership, interest or title, or merely by reason of his or her interest as lessor or owner of the aircraft so leased, for any injury to or death of persons, or damage to or loss of property in the air or on the surface of the earth (whether on land or water) caused by such aircraft, or by the ascent, descent, or flight of such aircraft, or by the dropping or falling of an object therefrom, unless such aircraft is in the actual possession or control of such person at the time of such injury, death, damage or loss. Nothing in this section shall relieve such persons from liability for their own negligent acts or omissions if such acts or omissions cause or contribute to cause such injury, death, damage or loss.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:14
422:14 Acceptance of Federal Aid. –
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 all matters pertaining to acceptance of such federal aid.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:15
422:15 Federal Aid for Airport and Airway Development. –
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 Public Law 91-258, 91st Congress, known and hereinafter designated as the "Airport and Airway Development Act of 1970" or any amendment thereof, unless the project and project application have been first approved by the department. No such municipality shall directly accept, receive, receipt for, or disburse any funds granted by the United States under the Airport and Airway Development Act, but it shall designate the commissioner as its agent and in its behalf to accept, receive, receipt for and disburse such funds. It shall enter into an agreement with the commissioner prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations and applicable laws of this state. Such moneys as are paid over by the United States government shall be retained by the state or paid over to said municipality under such terms and conditions as may be imposed by the United States government in making such grant.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:16
422:16 Approval of Airport Sites. –
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, with reasonable dispatch, grant approval of the site if it is satisfied:
(a) That the site is adequate for the proposed airport;
(b) That such proposed airport, if constructed or established, will conform to minimum standards of safety; and
(c) That safe air traffic patterns could be worked out for such proposed airport and for all existing airports and approved airport sites in its vicinity.
II. An approval of a site may be granted subject to any reasonable conditions which the department may deem necessary to effectuate the purposes of this section, and shall remain in effect, unless revoked sooner by the department, until a registration for an airport located on the approved site has been issued pursuant to RSA 422:17, or a period of 10 years, whichever shall first occur. No approval shall be required for the site of any existing airport.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:17
422:17 Airport Registration. –
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 out for such airport and for all existing airports and approved airport sites in its vicinity. Registration certificates and renewal thereof may be issued subject to any conditions that the department may deem necessary.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:18
422:18 Use of Air Navigation Facilities. –
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 contract for or lease to any person the use of the facilities, prescribing the same minimum standards for all operators, and may establish reasonable rent or fees therefor. Such a contractual or lease agreement shall be adequate in its terms as to duration so as to assure permanence and stability to an operator in the use of the airport for any aeronautical business or operation up to the capacity of the airport with respect to air safety.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:19
422:19 Purchase or Transfer of Airports. –
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 approval of governor and council and the long range capital planning and utilization committee, shall have a right to match any verifiable bona fide offer made for such airports within the limits of funds available to the director for this purpose. The state shall have 90 days from the date of notification by owner that said airport is for sale to serve notice of intent to acquire under this section and to notify the long range capital planning and utilization committee.
II. Airports purchased under this section shall be held and maintained as airports in the statewide airport system and shall be offered for sale or transfer to a local municipality, county, or airport authority. If the state is unable to sell or transfer an airport to a local municipality, county, or airport authority within 5 years, the property shall be offered for sale or lease to any party for any purpose.
III. The commissioner shall request and maintain through the budget process, bonding authority in the amount of $5,000,000 for purchase of airports or option to purchase in accordance with this chapter.
IV. The state of New Hampshire, acting through the director, with the approval of the commissioner, shall present a request for a proposed purchase under this section or a public taking under RSA 4:29, to the long range capital planning and utilization committee for its approval.
V. The long range capital planning and utilization committee shall have 30 days after receipt of the request to render its decision on an airport acquisition.
VI. After approval of an airport acquisition by the long range capital planning and utilization committee, the commissioner shall seek final approval of the airport acquisition from the governor and executive council. As part of the approval process, the executive council shall hold a public hearing, within 30 days after approval by the long range capital planning and utilization committee, or comment in the municipality where the airport facility is located and shall render a decision within 30 days after the hearing.
Source. 2002, 6:1, eff. July 1, 2002. 2004, 28:1, eff. April 23, 2004.
Section 422:20
422:20 Airport Manager. –
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, shall inform the director of his or her appointment, and provide a current telephone number and mailing address to the department. The airport manager shall have full power to close the airport against the take-off of any aircraft when in his or her opinion the proposed flight cannot be conducted without endangering the life or property of others; provided, that the power granted hereby shall not be used to prevent any flight which can be conducted in accordance with the then current federal and state regulations governing the operation of aircraft.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:20-a
422:20-a Reporting By Airport. –
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.
Source. 2018, 237:1, eff. Jan. 1, 2019; 287:1, eff. Jan. 1, 2019.
Section 422:21
422:21 State Registration Certificates. –
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 operator certificates, aircraft dealer registrations and airport registrations shall be January 1 of each year.
III. Effective dates for state aircraft registration certificates shall be the first day of the month and continue through the last day of the following twelfth month and shall be based upon the first numeral of the aircraft federal registration mark or N number so that registration for aircraft with N numbers beginning with the numeral 1 shall become effective on January 1 of a year and end December 31 of the same year and aircraft with N numbers beginning with the numeral 2 shall become effective on February 1 of a year and end January 31 of the subsequent year and so forth.
IV. A state registration certificate shall normally remain in force for one year following the date of its issue, unless it is an aircraft registered out of cycle, in which case paragraph V shall apply.
V. Aircraft registration fees shall be prorated for shorter or longer periods. If an original aircraft registration is issued in one of the next 3 months preceding and including the month corresponding to the first numeral of the aircraft N number, the registration shall expire on the last day of the second anniversary of the month corresponding to the first numeral of the aircraft N number.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:22
422:22 Exceptions. –
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 registration of any airport owned or operated by the government of the United States.
III. The registration of an aircraft which has been licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of such licensed aircraft, provided that such an operation does not constitute an act of air commerce.
IV. The registration of an aircraft which is owned by a nonresident of this state who is lawfully entitled to operate such aircraft in the state, district or country of his or her residence, provided that said state, district or country grants like privileges to residents of this state, and that such an operation does not constitute an act of air commerce, and provided that said aircraft is not located in this state more than 90 days cumulatively each registration year. Rental of a hangar space, tie down, or other means of storage in this state by a nonresident for more than 90 days cumulatively each registration year shall create a rebuttable presumption that such aircraft must be registered in this state.
V. The registration of an aircraft owned by a resident of this state which aircraft is based in another state having state registration requirements, provided such aircraft shall be in fact registered in such other state, and provided such aircraft shall not be used commercially within this state and further provided that a registration waiver is obtained from the department.
VI. The registration of an aircraft owned by a resident of this state which is in an unflyable condition and which will remain in such condition throughout the registration year:
(a) If a request for waiver of registration for the aircraft is submitted in writing to the department; and
(b) If the department finds the information in the request is sufficient justification for department approval of a waiver of registration.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:23
422:23 Non-Transferability of Certificates. –
A state registration certificate shall not be transferable, except as provided in RSA 422.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:24
422:24 Aircraft Title Transfer. –
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. The purchaser may operate such aircraft in conformity with the terms of this certificate pending issuance of a registration certificate, provided that on the date of transfer of title the proper application form shall have been either mailed to the department or delivered to its representative.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:25
422:25 Suspension or Revocation of Certificates. –
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 commissioner shall revoke an approval certificate for an airport site when:
(a) The holder fails to develop the site as an airport within the 10-year effective period of the site approval, or to comply with the conditions of the approval; or
(b) The site is no longer usable for the aeronautical purposes for which the approval was granted due to changed circumstances.
III. The commissioner shall revoke a registration certificate for operation of an airport, or refuse to issue a renewal, when:
(a) There has been a failure to comply with the conditions of the permit or renewal thereof; or
(b) The airport has become either unsafe or unusable for the aeronautical purposes for which the permit or renewal was issued due to changed circumstances.
IV. Revocation or suspension shall be only after notice and opportunity for hearing, provided that if any person takes an appeal from such determination, the commissioner may suspend the certificate of such person pending the appeal.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:26
422:26 Appeal From Denial, Suspension or Revocation of Certificate. –
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, within 30 days thereafter, for a hearing in the matter with the commissioner. Appeals from a decision of the commissioner shall be to the aviation users advisory board in accordance with RSA 21-L:8.
Source. 2002, 6:1, eff. July 1, 2002.
Prohibitions and Penalties
Section 422:27
422:27 Seaplanes in Operation on Public Waters. –
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 from such public waters.
II. The operation of seaplanes shall be subject to any restrictions placed upon the use of public waters by rules adopted by the department of safety or the department of environmental services.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:27-a
422:27-a Roadable Aircraft in Operation on Public Roadways. –
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 adopted by the department of safety.
III. All roadable aircraft shall be required to take off and land from a suitable airstrip and shall be prohibited from taking off and landing from any public roadway, unless under conditions of an emergency.
Source. 2020, 33:39, eff. Sept. 22, 2020.
Section 422:28
422:28 Prohibitions. –
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 or her which does not have a currently effective New Hampshire state registration certificate, and for which the aircraft operating fee, if required, has not been paid.
III. For any nonresident to own or authorize the operation of any civil aircraft owned by him or her and located in New Hampshire for more than 90 days cumulatively during a registration year, which does not have a currently effective New Hampshire state registration certificate, and for which the aircraft operating fee, if required, has not been paid.
IV. For any person to own or to operate an aircraft which fails to display the currently effective registration decal or other identifier as required by rules adopted under RSA 541-A by the commissioner.
V. For any person to operate or authorize the operation of any civil aircraft in air commerce within the state which does not have a currently effective airworthiness certificate and a state registration certificate and having paid the aircraft operating fee, if required.
VI. For any person to operate or permit operation of aircraft on or from any airport for compensation or hire, unless said area is registered with the department.
VII. For any person to operate or authorize the operation of aircraft in violation of any other rule or regulation, or in violation of the terms of any certificate, issued under the authority of this chapter.
VIII. For any person to operate or attempt to operate an aircraft on the ground, on the public waters, or in the air while under the influence of intoxicating liquor or of any controlled drug which affects a person's ability to operate an aircraft in a safe manner or while having 4/100 percent or more by weight alcohol in his or her blood.
IX. For any owner or operator of an aircraft having knowledge of an aircraft accident or aircraft incident to fail to report facts concerning the accident or incident to the department or a law enforcement officer within 7 days of the occurrence of the event, unless incapacitated by death or injury.
X. For any person to touch any part of aircraft wreckage at an aircraft accident scene, except for rescue of persons and/or classified materials, without specific approval of the federal or state official responsible for the accident scene.
XI. For any person to operate any ground vehicle which is unrelated to aircraft operations or servicing, or airport operations and maintenance, within the boundaries of any public airport without the express consent of the airport manager. This paragraph does not prohibit the operation of a ground vehicle upon a road laid out in the airport to provide access to or egress from the airport.
XII. For any person to enter the grounds of an airport posted against such entry in accordance with RSA 635 without the express consent of the airport manager.
XIII. For any person to make or cause to be made an intentional false light, signal, or report of an aircraft accident, or missing aircraft, or, in an emergency situation, to use any device or equipment to initiate or to have others initiate an emergency response by any public or private agency.
XIV. For any person in direct or remote control of a laser pointing device to knowingly shine the beam of a laser pointing device at an aircraft that is in flight or in the process of takeoff, landing, or taxiing, except as permitted under RSA 631:3-a, IV.
Source. 2002, 6:1, eff. July 1, 2002. 2003, 146:1, eff. June 17, 2003. 2016, 92:2, eff. Jan. 1, 2017. 2021, 206:2, Pt. I, Sec. 2, eff. Jan. 1, 2022.
Section 422:28-a
422:28-a Implied Consent of Operator of Aircraft to Submit to Testing to Determine Alcohol Concentration. –
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 intoxicating liquor or controlled drugs, and to a chemical, infrared molecular absorption, or liquid or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purpose of determining the controlled drug content of the person's blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was operating, attempting to operate, or in actual physical control of an aircraft while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more. The test or tests shall be administrated at the direction of a peace officer having reasonable grounds to believe the person to have been operating, attempting to operate, or in actual physical control of an aircraft in this state while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of the report by the agency by certified mail directed to the address shown on identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by the law enforcement officer conducting the test.
Source. 2003, 146:2, eff. Aug. 16, 2003. 2017, 78:4, eff. July 1, 2017.
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.
Section 422:30
422:30 Disposition of Fines. –
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.
Source. 2002, 6:1, eff. July 1, 2002.
Revenue
Section 422:31
422:31 Fees. –
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 required. The amount of the fee for an antique aircraft, glider, or experimental aircraft shall be $100. The amount of the fee for all other aircraft shall be based on the maximum certificated gross weight of the aircraft, as follows:
| 0-3,000 lbs. | $ 100 |
| 3,001-8,000 lbs. | $ 250 |
| 8,001-12,500 lbs. | $2,500 |
| more than 12,500 lbs. | $3,500 |
IV. For each transfer of an aircraft registration certificate from an aircraft sold or destroyed to another aircraft owned by the same person, $10.
V. For rendering engineering and other services in connection with aeronautical activities and plans contemplated by this chapter, and RSA 424:3, the expense involved for personal services and expenses of the department.
VI. For each aircraft dealer's registration certificate for ferrying and demonstration purposes, $350.
VII. For each commercial aviation operator certificate, $48.
VIII. The division may issue a certified copy of any certificate of registration or registration decal which may have been lost or mutilated, upon the written request of the person entitled to the certified copy and the payment of a fee of $10.
IX. If any person tenders a payment to the division in excess of the sum lawfully due, and the overpayment is less than $5, the department may, in its discretion, disregard the overpayment if the cost to the state to refund the overpayment would exceed the amount involved.
X. A credit card use convenience fee may be charged in addition to the required aircraft operating fee for each transaction, which the department is authorized to use towards the credit card fees incurred.
Source. 2002, 6:1, eff. July 1, 2002. 2003, 146:5, eff. June 17, 2003. 2018, 237:2, I, 3, eff. Jan. 1, 2019; 287:2, I, 3, eff. Jan. 1, 2019. 2023, 79:105, eff. July 1, 2023.
Section 422:31-a
422:31-a Reporting By Commissioner. –
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 each of the weight classes listed in RSA 422:31, III; operating fee revenues received by weight class; the numbers of aircraft by weight class that were based during the fiscal year at each of the airports open for public use; and a summary report showing the total numbers of such registered aircraft by weight class by year beginning with the fiscal year ending June 30, 2017.
Source. 2018, 237:4, eff. Jan. 1, 2019; 287:4, eff. Jan. 1, 2019.
Section 422:32
422:32 Exceptions. –
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 justification for the waiver, and the duration of the period for which such waiver is granted shall not exceed 2 days.
II. An aircraft operating fee for operation of aircraft by an aircraft dealer for ferrying and demonstration purposes.
III. [Repealed.]
IV. A fee for the registration of hot air balloons, whether or not a federal registration number has been assigned to the balloon.
V. A fee for the registration of public aircraft.
Source. 2002, 6:1, eff. July 1, 2002. 2003, 146:6, eff. June 17, 2003. 2018, 237:2, II, eff. Jan. 1, 2019; 287:2, II, eff. Jan. 1, 2019.
Section 422:33
422:33 Transfer. –
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 the same registration year.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:34
422:34 Airways Toll. –
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 260:32.
II. There is hereby imposed an airways toll of $.02 per gallon on the sale of each gallon of aviation jet fuel sold and used in the propulsion of aircraft. All aircraft, however, that are certified to operate under part 121 of the rules and regulations of the Federal Aviation Administration shall pay an airways toll of $.005 per gallon on aviation jet fuel sold and used in the propulsion of aircraft.
III. The amount of motor fuel or fuel sold to and used in the propulsion of aircraft shall be determined by, and the toll shall be collected by, the director of motor vehicles, under the authority and procedure established by the provisions of RSA 260:30-65-a and the director of motor vehicles may further promulgate and establish such additional rules, regulations, and procedures as the director may deem necessary in the collection and allocation of the airways toll provided herein. In the case of sales of fuel, the airways toll shall be collected at the time of the sale of such fuel, and payment made to the director in the same manner as in the case of motor fuel. The director shall pay monthly to the state treasurer all revenue collected in accordance with the foregoing provisions. The treasurer shall credit the revenue to the department as restricted revenue, which shall not lapse.
IV. The airways toll established herein shall be construed as being in lieu of the motor vehicle road tolls upon motor fuel used in the propulsion of aircraft. The director of motor vehicles, before paying over to the state treasurer revenue collected from said airways toll, shall deduct therefrom expenses of collection.
Source. 2002, 6:1, eff. July 1, 2002. 2017, 156:150, eff. July 1, 2017.
Section 422:35
422:35 Disposition of Revenue. –
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 to further the purposes of this chapter and shall deposit them in the fund. The moneys in the fund shall be nonlapsing and shall be continually appropriated to the department for the purpose of funding maintenance of airports within the state that are open for public use and planning and implementing capital improvements to such airports. The commissioner may also accept and sell to a third party surplus airport equipment disposed of by the federal government and shall deposit the proceeds of the sale in the fund for the purpose of funding maintenance of and planning and implementing capital improvements to the airport where the equipment was located prior to disposal.
III. The director shall annually report on the state aeronautical fund to standing committees of the senate and the house of representatives with jurisdiction over taxation and jurisdiction over aeronautical projects. The format of the report shall be as follows:
(a) Total moneys received from each revenue source.
(b) List of projects funded and expenditure totals for each.
(c) Moneys remaining in the fund.
Source. 2002, 6:1, eff. July 1, 2002. 2011, 224:375, eff. July 1, 2011.
Section 422:36
422:36 Airways Toll Moneys; Aircraft Operating Fee Revenues. –
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. Disbursements of revenue from the aircraft operating fee shall be made by the department after collection of such fees provided that $250,000 of aircraft operating fee revenues originating at a publicly or privately owned airport shall be available each fiscal year for public use and shall, upon application, be paid over to the aeronautical fund established for that airport and shall be used for aeronautical purposes.
Source. 2002, 6:1, eff. July 1, 2002. 2018, 237:5, eff. Jan. 1, 2019; 287:5, eff. Jan. 1, 2019.
Skyhaven Airport
Section 422:37
422:37 Skyhaven Airport Advisory Council. –
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 expertise in the area of aeronautics and shall not have any financial interest in Skyhaven airport nor be the spouse or issue of any person having such a financial interest. The additional members of the advisory council shall be as follows:
(a) One member appointed by the mayor of Rochester, New Hampshire.
(b) One member appointed by the mayor of Dover, New Hampshire.
(c) One member appointed by the mayor of Somersworth, New Hampshire.
(d) One member appointed by the president of the senate.
(e) One member appointed by the speaker of the house of representatives.
(f) One member representing the economic development sector of Rochester, appointed by the city manager of Rochester.
(g) One member representing the economic development sector of Somersworth, appointed by the city manager of Somersworth.
(h) One member representing the economic development sector of Dover, appointed by the city manager of Dover.
(i) One nonvoting member who shall be the Strafford county representative appointed to the Pease development authority board of directors in accordance with the provisions of 12-G:4, I(g).
II. The term of office for the voting members of the advisory council shall be 3 years and until a successor is appointed and qualified. A vacancy shall be filled in the same manner as the original, but only for the unexpired term.
III. The advisory council shall elect one of its members as chairman, one as a vice-chairman, and one as a secretary/treasurer. The members of the advisory council shall receive no compensation for their services, but their reasonable expenses incurred in the performance of their duties shall be paid. The advisory council shall have the right to establish bylaws for the management of its affairs within the meaning of this section and the laws of the state. The Pease development authority shall provide the advisory council with administrative support necessary to carry out its responsibilities under this section.
IV. The advisory council shall consult with and advise the Pease development authority and its airport manager with respect to the policy, programs, and goals for Skyhaven airport; all operations of Skyhaven airport, including the preparation of its operating and capital budget; the procurement of services of a fixed based operating firm; and the use of Skyhaven airport property. In order to accomplish said purposes, the advisory council shall meet with the airport manager no less frequently than quarterly, or at the call of the chairman or any 3 council members. The council shall file annually a report of its deliberations and recommendations with the Pease development authority board of directors and executive director. In all instances, the authority shall retain the power to make the final decision regarding the management and operations of Skyhaven airport.
Source. 2002, 6:1, eff. July 1, 2002. 2007, 342:1, eff. July 16, 2007. 2009, 113:4, eff. June 26, 2009. 2022, 323:19, eff. Sept. 6, 2022.
Section 422:38
422:38 Repealed by 2009, 113:11, eff. June 26, 2009. –
Section 422:39
422:39 Repealed by 2018, 204:6, eff. July 1, 2018. –
Section 422:40
422:40 Required Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. The use of department-owned aircraft, and fees charged to other state departments and agencies, as authorized by RSA 422:6, in the event the department becomes the owner of an aircraft.
II. Notice requirements for construction or alteration of any structure when such notice shall promote air safety, as authorized by RSA 422:8.
III. Terms and conditions of activities at state airways system facilities, including Skyhaven airport, as authorized by RSA 422:9.
IV. Application procedures and approval criteria for airport sites, as authorized by RSA 422:16.
V. Application procedures and approval criteria for airport registration certificates, as authorized by RSA 422:17 and RSA 422:21.
VI. Application procedures and approval criteria for aircraft and commercial aviation operator registration certificates, as authorized by RSA 422:21.
VII. Procedures for the conduct of hearings relative to denial, suspension or revocation of certificates of registration, and the imposition of administrative fines, as authorized by RSA 422:29.
VIII. Procedures and criteria for the receipt of aircraft accident and aircraft incident reports and the sharing of such information with the public, as authorized by RSA 422:7 and RSA 422:28.
Source. 2002, 6:1, eff. July 1, 2002.
Section 422:49
422:49 Repealed by 2000, 56:4, II, eff. July 1, 2006. –