CHAPTER Tra 900 AIRCRAFT, COMMERCIAL AVIATION OPERATOR, AND
AIRCRAFT DEALER REGISTRATION
Statutory Authority: RSA 422:40, VI
PART Tra 901 PURPOSE
Tra
901.01 Purpose. The purpose of Tra 900 is to set forth general
administrative requirements common to selected aeronautical registrations
issued by the bureau and shall apply to registrations of aircraft, aircraft dealers, and
commercial aviation operators pursuant to RSA 422:21.
Source. #7997, eff
12-1-03; ss by #10034, ef 11-23-11, EXPIRED: 11-23-21
New. #13480, eff 11-3-22
PART Tra 902 GENERAL ADMINISTRATION
Tra 902.01 Definitions.
(a) “Air commerce”
means “air commerce” as defined in RSA 422:3, III.
(b) "Aircraft"
means "aircraft" as defined in RSA 422:3, VI.
(c) "Aircraft
dealer" means “aircraft dealer” as defined in RSA 422:3, VIII.
(d) “Aircraft dealer aircraft inventory
report form” means the registration certificate issued to each aircraft listed
on an aircraft dealer’s inventory.
(e) "Aircraft operating
fee" means the fee collected pursuant to RSA 422:31, III.
(f) “Airman” means a
civilian or military pilot, aviator, or aviation technician.
(g) “Airport” means
“airport” as defined in RSA 422:3, X.
(h) "Applicant" means a person intending to fulfill
statutory and administrative requirements for issuance of an aircraft, aircraft
dealer, or commercial aviation operator registration.
(i)
"Based" means storing an aircraft at an airport, whether by
parking, tying down, or placing the aircraft in a hangar or, if the context
requires, the airport from which the majority of a specific aircraft’s operations
are initiated, conducted, or terminated.
(j) “Bureau” means the bureau of aeronautics, division of aeronautics,
rail, and transit of the New Hampshire department of transportation.
(k) "Commercial
aviation operator" means "commercial aviation operator" as
defined in RSA 422:3, XVI.
(l)
"Commissioner" means the commissioner of the New Hampshire
department of transportation.
(m) "Dealer's
aircraft registration" means the type of aircraft registration issued to
an aircraft dealer that permits limited operation of the aircraft.
(n)
"Demonstration flight" means a flight conducted for the
purpose of:
(1) Demonstrating the aircraft to a prospective
buyer or buyers;
(2) Testing the airworthiness and ensuring the
safe operation of an aircraft as required by the Federal Aviation
Administration; or
(3) Completion of maintenance of an aircraft.
(o) "Department"
means the New Hampshire department of transportation, its employees or
authorized agents.
(p) "Director" means the director of
the division of aeronautics, rail, and transit of the New Hampshire department
of transportation.
(q) "Division" means the division of
aeronautics, rail, and transit of the New Hampshire department of
transportation.
(r) “Federal
Aviation Administration (FAA)” means the national aviation regulatory authority
of the United States.
(s) "Ferrying
flight" means a flight:
(1) From an aircraft
manufacturer's site or from the site of aircraft purchase to the airport of the
dealer's place of business;
(2) To the delivery location after the sale of an
aircraft; or
(3) To or from a place at which repairs or maintenance
are performed.
(t) “N number” means
the United States identification number assigned to the aircraft by the Federal
Aviation Administration aircraft registry pursuant to 14 C.F.R. Sec. 47.15.
(u) “Person” means
“person” as defined in RSA 422:3, XXIII.
(v) “Public
aircraft” means “public aircraft” as defined in RSA 422:3, XXIV.
(w) "Registrant" means the person designated on a
New Hampshire registration application or certificate.
(x)
"Registration period" means that portion of time from the date
of the transaction to the expiration date of the registration certificate.
(y) "Renewal registration"
means registration of the same aircraft, aircraft dealer, or commercial
aviation operator by the same person within 12 months subsequent to issuance of
a registration.
(z) "Resident"
means “resident” as defined in RSA 422:3, XXV.
(aa) "Unflyable
aircraft" means an aircraft that has been rendered unflyable as a result
of its physical condition and includes aircraft that cannot legally be flown in
compliance with regulations of the Federal Aviation Administration.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.02), EXPIRED: 11-23-21
New. #13480, eff 11-3-22 (formerly Tra 902.02)
Tra 902.02 Completing
Forms.
(a) All applications for a registration
certificate shall be made on a form supplied by the bureau for each specific purpose: “NH Aircraft Registration
Pre-Application” effective October 2022, for an aircraft: “Application for NH
Commercial Aviation Operator Registration” effective October 2022, for commercial
aviation operator; and “Aircraft Dealer Registration Application” effective
October 2022, for an aircraft dealer.
(b) All applications
for a registration certificate, including renewals shall be accompanied by the
prescribed fee, pursuant to RSA 422:31, III; RSA 422:31VI; and RSA 422:31, VII.
(c) All forms shall
be:
(1) Filled out completely;
(2) Completed in a legible manner; and
(3) Filed with the
bureau at the following address:
NHDOT Bureau of Aeronautics
PO Box 483,
John O. Morton Building, 7 Hazen Drive
Concord, NH 03302-0483
(d) If a form does
not comply with the preceding section (c), the bureau will contact the
applicant to advise of the error or omission, or request additional information. If the applicant does not correct the error
or omission, or provide the requested additional information within 30 days,
the application shall be denied.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.03)
New. #13480, eff 11-3-22 (formerly Tra 902.03)
Tra 902.03 Fees,
Form of Payment.
(a) Whenever an applicant makes payment to the
bureau, the following shall apply:
(1) Payment
shall be made in the form of cash, check, money order, or other negotiable
instrument payable on demand or other form of payment acceptable to both the
treasurer and the department;
(2) The
negotiable instrument shall be made payable to the “Treasurer, State of New Hampshire”;
and
(3) Alternative
terms, describing the payee, including but not limited to “State of New
Hampshire – Transportation,” “New Hampshire Department of Transportation,”
“Aeronautics – State of New Hampshire,” “State of New Hampshire,” “State of NH,”
“Bureau of Aeronautics,” or “Director of Aeronautics, Rail, and Transit” shall
not be cause for refusal of a negotiable instrument, provided it does not lend
itself to endorsement by any party other than the State of New Hampshire.
(b) Unless otherwise
provided in these rules, any fee prescribed by statute or rule shall be
submitted at the same time as the application to which it applies.
(c) Any fee, fine,
or other payment resulting from the renewal, transfer, suspension, or
revocation of a certificate shall be paid prior to issuance or reinstatement of
the certificate.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.04)
New. #13480, eff 11-3-22 (formerly Tra 902.04)
Tra 902.04 Negotiable
Instruments.
(a) No negotiable
instrument shall be accepted which bears a date subsequent to the date of the
transaction.
(b) No 2 party check
shall be accepted unless:
(1) One of the parties is the state of New
Hampshire;
(2) The applicant is the other party; and
(3) The applicant has
restrictively endorsed the instrument to be payable to the order of the state
of New Hampshire.
(c) In the event an
unacceptable negotiable instrument is received, the bureau will contact the
applicant to advise of the error (e.g. check not signed). If the applicant does not correct the error within
30 days, the application shall be denied.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.05)
New. #13480, eff 11-3-22 (formerly Tra 902.05)
Tra 902.05 Dishonored
Negotiable Instruments.
(a) When any negotiable instrument presented for
payment has been dishonored and returned to the bureau, it shall not be
redeposited.
(b) The bureau shall notify the signatory that:
(1) The
negotiable instrument has been dishonored, and the reason; and
(2) The check
cannot be redeposited.
(c) A certificate issued based upon the receipt
of a negotiable instrument that is subsequently dishonored shall be void as of
the date of issuance and shall remain so until full restitution and statutory
penalty fees have been received by the bureau. When the required payment is
received by the bureau, the bureau shall issue a new certificate of
registration.
(d) If an applicant fails, neglects, or refuses
to pay to the bureau the full amount of the dishonored instrument, plus any penalties
that might be due, the person shall be:
(1) Subject to
penalties in accordance with RSA 422:29; and
(2) Referred to
the department of justice for additional action as permitted by law.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.06)
New. #13480, eff 11-3-22 (formerly Tra 902.06)
Tra 902.06 Account
Adjustments.
(a) In the event a
person underpays any registration, toll, penalty, or other fee required, the
payment shall be processed pursuant to RSA 6:11-a.
(b) Pursuant to RSA
422:31, IX, amounts of less than $5 shall not be refunded if the cost to the
state to refund the overpayment would exceed the amount involved.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (formerly Tra 901.07)
New. #13480, eff 11-3-22 (formerly Tra 902.07)
PART Tra 903 AIRCRAFT REGISTRATION
Tra 903.01 Registration
Required.
(a) Pursuant to RSA
422:28, no person shall operate or authorize the operation of a civil aircraft
in New Hampshire unless:
(1) The aircraft possesses an N number; and
(2) One of the following applies:
a. The aircraft has a currently effective state
registration certificate;
b. The aircraft is exempt from the state
registration requirement pursuant to RSA 422:22, I-IV or RSA 422:32; or
c. The state registration
requirement has been waived by the department
pursuant to RSA
422:22, V-VI and these rules.
(b) A resident of the state who owns an aircraft
shall register the aircraft with the department.
(c) The resident shall commence the aircraft
registration process or the waiver process pursuant to Tra 903.04 within 10
days of assuming ownership of any aircraft whether or not the aircraft:
(1) Is in a flyable condition; or
(2) Is based or physically located
in the state of New Hampshire.
(d) Pursuant to RSA
422:22, IV, RSA 422:28, or both, a non-resident of New Hampshire shall commence
the initial registration process in this state immediately:
(1) Upon engaging in air commerce in this state;
or
(2) The aircraft has been located in the state for
more than 90 days cumulatively during a registration year.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (from Tra 902.01)
New. #13480, eff 11-3-22
Tra 903.02 Effective
Dates, Out of Cycle Registration.
(a) Pursuant to RSA
422:21, effective dates for state aircraft registration certificates shall be
based upon the first numeral of the N-number, as follows:
Table 903-1 Aircraft Registration
Effective Dates
“N” Number |
Registration Effective
Dates |
1 |
January 1 to December 31 |
2 |
February 1 to January 31 |
3 |
March 1 to February 28 |
4 |
April 1 to March 31 |
5 |
May 1 to April 30 |
6 |
June 1 to May 31 |
7 |
July 1 to June 30 |
8 |
August 1 to July 31 |
9 |
September 1 to August 31 |
(b) An original
aircraft registration shall be issued outside of the month shown in the above
table as an out-of-cycle registration in accordance with RSA 422:21, V.
(c) The fee for an
out-of-cycle registration shall be computed in accordance with RSA 422:21, V.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (from Tra 902.02)
New. #13480, eff 11-3-22
Tra 903.03 Registration
of Aircraft.
(a) An applicant shall commence the original
registration process by completing and submitting a “NH Aircraft Registration Pre-Application”
form effective October 2022, to the
bureau, together with the following
information:
(1) The name of the airport where the aircraft is
based, or if for a non-resident registration of an aircraft, the name of the
New Hampshire airport where the aircraft is based, or from which commercial
operations are conducted;
(2) The model year of the aircraft;
(3) If a fixed wing aircraft, the following information:
a. Whether the aircraft is classed as:
1. Land based;
2. Seaplane; or
3. Glider;
b. Engine type, whether:
1. Piston;
2. Turbopropeller; or
3. Turbojet; and
(4) If a rotary wing aircraft, the following
information:
a. Whether the aircraft is classed as:
1. Gyroplane; or
2. Helicopter; and
b. Engine type, whether:
1. Piston; or
2. Turbine;
(5) A legible copy of a dated bill of sale for
the aircraft;
(6) A statement as to whether the applicant
requests a waiver of registration pursuant to these rules;
(7) The name(s) of all owner(s) or registrant(s)
acting as authorized agents of all owner(s) of the aircraft;
(8) A mailing
address to which notices from the bureau shall be sent and a street address;
(9)The following means of
contact for a person able to respond to questions from the bureau shall be provided:
a. Home telephone;
b. Work telephone;
c. Mobile telephone; and
d. Electronic mail address.
(b) Upon receipt of either a request for
assistance or a “NH Aircraft Registration Pre-Application” form effective
October 2022, the bureau shall:
(1) Process the request in accordance with RSA
541-A:29;
(2) Determine if the applicant is eligible for a
waiver of registration or operating fee, and provide the Aircraft Resident
Waiver Application form effective October 2022 or the Unflyable Aircraft Registration
Waiver Application form effective October 2022 to the applicant to request \the specific
waiver; or
(3) Compute the fee for registration pursuant to
RSA 422:31, and request payment thereof from the applicant, utilizing an
“Application for Aircraft Registration” form effective October 2022.
(c) Upon receipt of the “Application for Aircraft
Registration” form effective October 2022 from the bureau, the applicant shall:
(1) Sign and
date the application, and return it to the bureau with payment of the applicable
fee; or
(2) Complete
and submit the appropriate waiver application forms.
(d) Upon receipt of the signed and dated
application and the required fee from an applicant, the bureau shall issue a
certificate of registration and registration decal.
(e) The state
registration certificate shall be carried at all times in the aircraft.
(f) The state
registration decal shall be affixed to the right side of the fuselage of the
aircraft ahead of the right rear control surfaces.
Source. #6015, eff
3-29-95; amd by #6244, eff 5-8-96; ss by #7997, eff 12-1-03; ss by #10034, eff
11-23-11 (from Tra 902.03)
New. #13480, eff 11-3-22
Tra 903.04 Aircraft
Registration and Operating Fee Waivers.
(a) A New Hampshire resident seeking a waiver of
registration for an aircraft based in another state in accordance with RSA
422:22, V shall complete and submit an “Aircraft Resident Waiver Application”
form effective October 2022 together with
the following information to the bureau:
(1) A copy of a certificate of aircraft
registration issued by another state or appropriate tax receipt from the state where
the aircraft is registered for the registration year the waiver is being requested;
or
(2) The signature of the applicant is required on
any of the documentation listed above in
903.04 (a) (1), (2), or ( 3).
(b) A New Hampshire resident seeking a waiver of
registration for an unflyable aircraft in accordance with RSA 422:22, VI shall complete
and submit an “Unflyable Aircraft Registration Waiver Application” effective
October 2022, together with the following
information to the bureau:
(1) The tachometer hours as shown in the aircraft’s
logbook, photo of tachometer, or a signed statement from a fixed based operator
(mechanic);
(2) A written statement and photographs which
indicate that at least one of the following situations rendering the aircraft
unflyable is present:
a. The aircraft is fully or partially dismantled
or disassembled, by means of:
1. The removal of one or more engines;
2. The removal of one or more wings;
3. The removal of the main rotor assembly, if
for a rotary-wing aircraft;
4. The removal of 20 percent or more of the
aircraft fuselage or main structure; or
5. The removal of 20 percent or more of the
external covering or skin of the aircraft;
b. The removal of 50 percent or more of the
flight control mechanisms or surfaces, including:
1. Elevators, stabilators, or other surfaces
used to control pitch attitude;
2. Rudders or other surfaces used to control yaw
attitude;
3. Ailerons or other surfaces used to control roll
attitude;
4. Flaps or other surfaces used to modify the lift
characteristics of the aircraft;
5. Linkages, rods, or cables or any supporting
structures for connections between the flight control surfaces and the pilot's
station in the aircraft; or
6. The controls at the pilot's station which activate
the flight surfaces;
c. The aircraft is under construction and is
incomplete;
d. The aircraft has substantial damage due to an
accident or some other cause, and cannot be flown until repairs are made; or
e. The aircraft is unairworthy, meaning:
1. It has not been certified as airworthy by a
qualified mechanic within the past 12 months; or
2. Physical defects are present in the aircraft's
structural components necessary for normal flight, rather than administrative
defects in the aircraft's documentation or ownership; and
(3) The signature of the applicant.
(c) A non-resident seeking a waiver from the
registration and operating fees for commercial use aircraft operated within the
state pursuant to RSA 422:32, I, shall submit a letter including the following
information to the bureau:
(1) The N number of the aircraft;
(2) The dates for which the waiver is requested;
(3) The location of the commercial operation
being proposed;
(4) The nature of the commercial operation;
(5) A statement that the commercial operation will
be completed within a 2-day period as justification for granting the request;
and
(6) The signature of the applicant.
(d) A waiver granted
pursuant to RSA 422:32, I shall not exceed 2 days duration.
(e) Any waiver
granted pursuant to RSA 422:22, V or VI shall be valid until:
(1) The holder of a waiver granted under this
section informs the department of any change in the information submitted on
the application for such waiver; or
(2) Inspection of the
aircraft, or documentation regarding the ownership, maintenance, location, registration,
or operation of the aircraft reveals facts suggesting that the holder no longer
qualifies for the waiver.
(f) Pursuant to RSA
422:23, waivers shall be non-transferable, and becomes void upon a change in:
(1) The ownership of the aircraft;
(2) The state of residence of the holder, if the
change involves a move into or out of the state of New Hampshire;
(3) The de-registration of the aircraft by the
Federal Aviation Administration; or
(4) The return of an unflyable aircraft to a condition
that no longer supports the grant of a waiver pursuant to (d) above.
Source. #7997, eff
12-1-03 ss by #10034, eff 11-23-11 (from Tra 902.04)
New. #13480, eff 11-3-22
Tra 903.05 Renewal
of Aircraft Registration.
(a) The owner of a registered aircraft, or his
agent, shall:
(1) Inform the
bureau of changes in name or address of any owner or registrant of the
aircraft; and
(2) Inform the
bureau of changes in the use or condition of the aircraft which might change its
registration status or qualification for a waiver.
(b) An applicant seeking annual renewal of the
certificate of registration shall submit an “Aircraft Registration Renewal
Notification” form effective October 2022
to the bureau prior to the expiration of the aircraft registration, together
with the following information:
(1) Any change
in ownership of the aircraft;
(2) A description
of damage or change to the condition of the aircraft that renders it unflyable;
(3) Any change
in the location where the aircraft is based;
(4) Any change
in the information originally supplied pursuant to Tra 903.03 on the “NH Aircraft
Registration Pre-Application” form effective October 2022; and
(5) If any
changes described in (1)-(4) above are reported, the signature of the applicant,
including capacity and authority if signing as an agent or for a trust,
partnership, corporation, or limited liability company.
(c) An applicant seeking annual renewal of the
certificate of registration shall submit the fee required by RSA 422:31.
(d) Upon receipt by the bureau of the completed
application for renewal and the required fee, the information supplied shall be
reviewed, and a certificate of registration issued unless information contained
on the application, or obtained from a field inspection of the aircraft indicates
a lack of compliance with these rules.
(e) Upon renewal, all aircraft registrations
shall be placed in the annual renewal cycle specified in Tra 903.02.
(f) If renewal of a certificate of registration
is denied, a written notice shall be provided explaining why the application was
not approved, and how the applicant may request a hearing to review the
decision pursuant to RSA 21-L:8 and Tra 202.27.
Source. #10034, eff
11-23-11 (from Tra 902.05)
New. #13480, eff 11-3-22
Tra 903.06 Registration
of Public Aircraft.
(a) A federal agency may voluntarily register the
aircraft owned or operated by the agency by contacting the bureau.
(b) A state or local agency shall register the
aircraft owned or operated by the agency by contacting the bureau.
(c) No fee shall be charged for the registration
of public aircraft.
Source. #10034, eff
11-23-11 (from Tra 902.06)
New. #13480, eff 11-3-22
Tra 903.07 Transfer
of Aircraft Registration and Aircraft Operating Fee.
(a) Pursuant to RSA
422:23, upon the transfer of ownership of any aircraft, its registration shall no
longer be valid.
(b) The person in whose name such aircraft is
registered shall return the certificate of registration to the bureau, with a
written notice containing the date of the transfer of ownership and the name,
and address of the new owner.
(c) A person who
transfers ownership of any registered aircraft and purchases a replacement
aircraft in the same name within the same registration year may transfer any
unused registration and aircraft operating fees to the original registration of
the replacement aircraft as follows:
(1) Fees shall be transferred within the same registration
year and only from the date of purchase of the replacement aircraft;
(2) If the transfer extends the expiration of the
replacement aircraft’s registration, pro-rated fees shall be charged for the
additional months in the new registration year; and
(3) If the transfer shortens the expiration of
the replacement aircraft’s registration, no refund shall be issued.
(d) Any person who
obtains an aircraft registration transfer pursuant to this section shall be
charged the registration transfer fee pursuant to RSA 422:31, IV.
Source. #10034, eff 11-23-11
(from Tra 902l07)
New. #13480, eff 11-3-22
Tra 903.08 Lost
Registration Decal or Certificate.
(a) A registrant shall notify the bureau
immediately upon discovery that a registration certificate or decal has been
lost or mutilated.
(b) Upon receipt of the fee set forth in RSA
422:31, VIII, the bureau shall issue a certified replacement certificate,
decal, or both, reflecting the same expiration date as the lost or mutilated
item(s).
Source. #10034, eff
11-23-11 (from Tra 902.08)
New. #13480, eff 11-3-22
Tra 903.09 Revocation
of Aircraft Registration Certificate.
(a) In accordance
with RSA 541-A:30 and RSA 422:25, after notice and an opportunity for hearing
is provided to the holder, the division shall revoke a state aircraft
registration certificate if it is shown that the holder made any material false
statement in the application for the certificate.
(b) Within 20 days of receipt of notice from the
bureau of the proposed revocation of a state aircraft registration certificate,
the holder shall:
(1) Surrender
the same to the bureau for cancellation; or
(2) Request a
hearing to contest the proposed action.
(c) Failure to contact the bureau within 20 days
of receipt of notice of a proposed revocation of a state aircraft registration
certificate or waiver shall result in the proposed action being taken.
(d) A revoked
certificate shall have no further force or effect.
(e) No refund of fees
paid shall be made in the case of the revocation of a state aircraft
registration certificate.
(f) A certificate revoked
for non-payment of a fee may be restored upon payment of the fee, and any
penalties imposed pursuant to RSA 6:11-a.
(g) A certificate
issued based upon the receipt of a negotiable instrument that is subsequently
dishonored shall be considered to have never been issued unless full
restitution and statutory penalty fees are received.
Source. #10034, eff
11-23-11 (from Tra 902.09)
New. #13480, eff 11-3-22
PART Tra 904 COMMERCIAL AVIATION OPERATOR REGISTRATION
Tra 904.01 Registration
of Commercial Aviation Operators Required. Pursuant
to RSA 422:21, each commercial aviation operator shall register with the
department.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (from Tra 903.01)
New. #13480, eff 11-3-22
Tra 904.02 Registration
Application.
(a) Applicants for registration as a commercial
aviation operator shall submit and complete the “Application for NH Commercial
Aviation Operator Registration” form effective October 2022, along with the fee required by RSA 422:31, VII, which shall not
be prorated for a partial year registration, and the following information:
(1) Name of business or individual operator;
(2) Mailing and physical address;
(3) Alternate telephone number;
(4) Whether the organization is legally structured
as a:
a. Sole proprietorship;
b. Partnership;
c. Corporation;
d. Trust;
e. Limited liability company; or
f. Limited liability partnership;
(5) A certificate of authority from the New
Hampshire secretary of state to do business within the state, if such registration
is required by law;
(6) Names and addresses of the person or persons
authorized to act on behalf of the organization;
(7) A list of New Hampshire airports at which the
applicant will offer commercial aviation services or supplies;
(8) The New Hampshire airport of primary
operation, if the applicant proposes to conduct any of the following operations
for compensation or hire:
a. Any flight operation, including:
1. Flight training;
2. Air taxi;
3. Rental of aircraft;
4. Scenic rides;
5. Aerial photography;
6. Aerial advertising, such as banner towing or
airborne lighted displays; or
7. Other flight operations that require an
airport for operation;
b. Aviation fuel sales; or
c. Aircraft maintenance;
(b) Any changes in the information provided to
the bureau shall be reported in writing or electronically no later than 10 days
after such change has occurred.
(c) Upon receipt of the completed and signed
application and the required fee, the bureau shall issue a certificate of registration.
(d) Registration certificates issued by the bureau
shall not constitute:
(1) Permission
to operate on any specific airport in the state;
(2) A
certification as to the qualifications of the commercial aviation operator to
perform work; or
(3) A
certification or representation that the commercial aviation operator has been
inspected, reviewed, or evaluated in any manner as to the quality or sufficiency
of any work performed in the past.
(e) Registration
certificates for commercial aviation operators shall expire annually on
December 31 of the year for which they were issued.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (from Tra 903.02)
New. #13480, eff 11-3-22
Tra 904.03 Notice
of Insurance Coverage for Flight Training.
(a) Any person who,
in the ordinary course of business, conducts flight training in an aircraft for
hire shall deliver a written notice to the person receiving such training which
states whether or not insurance coverage is in effect for the training flights,
and if so, the terms and limitations of the insurance coverage as provided on
the declarations page of the insurance policy.
(b) The notice required
pursuant to (a) above shall:
(1) Contain the name of the instructor giving
notice;
(2) State the amount of liability coverage in
effect for each training flight if any; and
(3) State the name of the insured party.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (from Tra 903.03)
New. #13480, eff 11-3-22
Tra 904.04 Revocation
of Commercial Aviation Operator Registration Certificate.
(a) In accordance with RSA 541-A:30 and RSA
422:25, after notice and an opportunity for hearing is provided to the holder,
the bureau shall revoke a commercial aviation operator registration certificate
if it is shown that the holder made any material false statement in the application
for the certificate.
(b) Within 20 days of receipt of notice from the
bureau of the proposed revocation of a commercial aviation operator
registration certificate, the holder shall:
(1) Surrender
the same to the bureau for cancellation; or
(2) Request a
hearing to contest the proposed action.
(c) Failure to contact the bureau within 20 days of
receipt of notice of a proposed revocation of a commercial aviation operator
registration certificate shall result in the proposed action being taken.
(d) A revoked
certificate shall have no further force or effect.
(e) No refund of fees
paid shall be made in the case of the revocation of a commercial aviation
operator registration certificate.
(f) A certificate
revoked for non-payment of a fee shall be restored upon payment of the fee. When the
required payment is received by the bureau, the bureau shall issue a new certificate
of registration.
(g) A certificate issued
based upon the receipt of a negotiable instrument that is subsequently
dishonored shall be considered to have never been issued unless full
restitution and statutory penalty fees are received. When the required payment is received by the bureau,
the bureau shall issue a new certificate of registration.
Source. #7997, eff
12-1-03; ss by #10034, eff 11-23-11 (from Tra 903.04)
New. #13480, eff 11-3-22
PART Tra 905 AIRCRAFT DEALER REGISTRATION
Tra 905.01 Registration
Requirements.
(a) In order to
register aircraft held for the purpose of sale under the provisions of this
section, an aircraft dealer shall:
(1) Possess a currently effective state
registration as a commercial aviation operator; and
(2) Own or lease sufficient space to park or
hangar at least 2 aircraft at a registered commercial-use airport within the
state.
Source. #10034, eff 11-23-11
(from Tra 904.01)
New. #13480, eff 11-3-22
Tra 905.02 Registration
of Aircraft Dealers.
(a) An applicant for registration as an aircraft
dealer shall complete and submit the “Aircraft Dealer Registration Application”
form effective October 2022, along with the
fee required by
RSA 422:31, VI, and the following additional information:
(1) Name of the registered commercial aviation
operator;
(2) Mailing address;
(3) One or more telephone numbers where the applicant
can be reached during normal business hours;
(4) Physical address, if different than the
mailing address;
(5) Whether the aircraft dealer is legally
structured, as a:
a. Sole proprietorship;
b. Partnership;
c. Corporation;
d. Trust;
e. Limited liability company; or
f. Limited liability partnership;
(6) A certificate of authority from the New Hampshire
secretary of state to do business within the state, if such registration is
required by law;
(7) Names and addresses of the person or persons
authorized to act on behalf of the aircraft dealer;
(8) A list of aircraft currently in inventory for
which an aircraft dealer registration certificate will be issued, with the
following items listed for each aircraft:
a. The N-number of the aircraft;
b. The name of the manufacturer of the aircraft;
c. The manufacturer’s model of the aircraft;
d. The manufacturer’s serial number of the
aircraft;
e. The color of the aircraft;
f. The model year of the aircraft;
g. The year of manufacture of the aircraft;
h. If a fixed wing aircraft, whether the
aircraft is classed as:
1. Land based;
2. Seaplane; or
3. Glider;
i. Engine type, and number of engines, whether:
1. Piston,
2. Turbopropeller; or
3. Turbojet; and
j. If a rotary wing aircraft, whether the
aircraft is:
1. Classed as a gyroplane or helicopter; and
2. Propelled by a piston or turbine engine;
(9) The number of aircraft expected to be added
to and maintained in inventory for the registration year; and
(10) One or more of the following documents, to evidence
the applicant’s authority to register the aircraft under the aircraft dealer
certificate:
a. A copy of a bill of sale to the applicant;
b. A copy of the currently effective FAA
registration certificate showing the applicant as the FAA registrant;
c. A copy of an agreement or contract which
specifically grants authority to the aircraft dealer to act as agent for the
owner in matters relating to the sale of the aircraft; or
d. Any other items which shows ownership or control
of the aircraft.
(b) The bureau shall issue an aircraft dealer
registration to the applicant if:
(1) The
applicant meets the definition of an aircraft dealer;
(2) The applicant
aircraft dealer:
a. Owns or appears
to own the aircraft listed upon the application; or
b. Is acting as
agent for the owner of the aircraft, in accordance with an agreement or
contract; and
c. Other
aircraft owned by the applicant, if any, are not unregistered or the subject of
a suspension or revocation of certificate action by the bureau.
(c) The bureau shall, without charge, provide
sufficient aircraft inventory report forms to the dealer to meet the anticipated
inventory needs for the registration year.
Source. #10034, eff
11-23-11 (from Tra 904.02)
New. #13480, eff 11-3-22
Tra 905.03 Additions to Dealer Inventory. An aircraft dealer adding an aircraft to its
inventory of aircraft available for sale throughout the registration year
shall:
(a) Complete and submit an “Aircraft Dealer Inventory
Report” form effective October 2022, to the
bureau, together with the following information:
(1) The model year of the aircraft;
(2) If a fixed wing aircraft, whether the aircraft
is classed as:
a. Land based;
b. Seaplane; or
c. Glider;
d. Engine type and number of engines, whether
1. Piston;
2. Turbopropeller; or
3. Turbojet; and
(3) If a rotary wing aircraft, whether the
aircraft is:
1. Classed as a gyroplane or helicopter; and
2. Engine type, whether piston or turbine; and
(b) Provide a copy of the completed “Aircraft Dealer
Inventory Report” form effective October 2022 to the bureau, by either telefax, email, or mail, within 10 days of
assuming either ownership or control of the aircraft.
Source. #10034, eff
11-23-11 (from Tra 904.03)
New. #13480, eff 11-3-22
Tra 905.04 Sale
of Aircraft.
(a) The aircraft dealer shall surrender the “Aircraft
Dealer Inventory Report form including the aircraft registration decal to the
bureau via mail within 10 days of the sale or transfer of an aircraft
registered to the aircraft dealer.
(b) The aircraft
dealer shall provide the required information on the reverse of the Aircraft Dealer
Inventory Report form effective October 2022 and file the completed form with
the bureau.
Source. #10034, eff
11-23-11 (from Tra 904.04)
New. #13480, eff 11-3-22
Tra 905.05 Renewal
of Aircraft Dealer Registration.
(a) A registered aircraft dealer shall:
(1) Inform the
bureau of changes in:
a. The name or
address of the dealer; and
b. The airport used
as a primary base of operation; and
(2) The applicant shall complete and submit the “Application for Renewal of Aircraft
Dealer Registration” form effective October 2022 with the bureau, prior to the
expiration of the current aircraft dealer registration certificate, together
with the fee required by RSA 422:31, and the following information:
a. Signature of
applicant, including capacity and authority if signing for a trust,
partnership, corporation, or limited liability company; and
b. All other
items described in Tra 905.02(a).
(3) An aircraft dealer registration shall be renewed
unless the information provided shows that the applicant no longer qualifies as
an aircraft dealer, or the applicant is the subject of a suspension or revocation
proceeding under these rules.
Source. #10034, eff
11-23-11 (from Tra 904.05)
Tra 905.06 Conditions
and Restrictions.
(a) The aircraft
dealer inventory report form shall be carried at all times in the aircraft.
(b) Aircraft dealer
registrations shall be valid from January 1 through December 31 of each year.
(c) Dealer aircraft
inventory report forms for aircraft added to inventory during the registration
year shall be effective from date of acquisition through December 31 of that
year.
(d) An unflyable aircraft may be registered under
a dealer aircraft registration, if the unflyable aircraft is listed for sale
with the dealer.
(e) No person shall
register an aircraft offered for sale under a dealer aircraft registration
unless physical possession of the aircraft has been relinquished to the control
of the dealer; and
(f) No aircraft
dealer shall use an aircraft registered under a dealer aircraft registration for
other than a ferrying flight or a demonstration flight.
Source. #10034, eff
11-23-11 (from Tra 904.06)
New. #13480, eff 11-3-22
Tra 905.07 Revocation
of Aircraft Dealer Registration Certificate.
(a) In accordance with RSA 541-A:30 and RSA
422:25, after notice and an opportunity for hearing is provided to the holder,
the bureau shall revoke an aircraft dealer registration if it is shown that the
holder made any material false statement in the application for the certificate.
(b) Within 20 days of receipt of notice from the
bureau of the proposed revocation of a state aircraft dealer registration certificate,
the holder shall:
(1) Surrender
the same to the bureau for cancellation; or
(2) Request a hearing
to contest the proposed action.
(c) Failure to contact the bureau within 20 days
of receipt of notice of a proposed revocation of a state aircraft dealer
registration certificate shall result in the proposed action being taken.
(d) A revoked
certificate shall have no further force or effect.
(e) No refund of fees
paid shall be made in the case of the revocation of a state aircraft dealer
registration certificate.
(f) A certificate
revoked for non-payment of a fee shall be restored upon payment of the fee.
(g) A certificate
issued based upon the receipt of a negotiable instrument that is subsequently
dishonored shall be considered to have never been issued unless full
restitution and fees are received. When
the required payment is received by the bureau, the bureau shall issue a new certificate
of registration.
Source. #10034, eff 11-23-11 (from Tra 904.07)
New. #13480, eff 11-3-22
APPENDIX
Rule |
Statute |
|
|
Tra 901.01 |
RSA 422:2, RSA 422:21 |
|
|
Tra 902.01 |
RSA 422:3 |
Tra 902.02 |
RSA 422:40, VI |
Tra 902.03 |
RSA 422:31 |
Tra 902.04 |
RSA 422:31, RSA 6:11-a |
Tra 902.05 |
RSA 422:31, RSA 6:11-a |
Tra 902.06 |
RSA 422:21 |
|
|
Tra 903.01 |
RSA 422:21. RSA 422:22, RSA
422:28, RSA 422:32 |
Tra 903.02 |
RSA 422:21 |
Tra 903.03 |
RSA 422:21 |
Tra 903.04 |
RSA 422:22, IV, V, VI |
Tra 903.05 |
RSA 422:21 |
Tra 903.06 |
RSA 422:21, RSA 422:32 V |
Tra 903.07 |
RSA 422:23, 24 |
Tra 903.08 |
RSA 422:31, IV |
Tra 903.09 |
RSA 422:25 |
|
|
Tra 904.01 |
RSA 422:21 |
Tra 904.02 |
RSA 422:21 |
Tra 904.03 |
RSA 422:21 I |
Tra 904.04 |
RSA 422:25 |
|
|
Tra 905.01 |
RSA 422:21 |
Tra 905.02 |
RSA 422:21 |
Tra 905.03 |
RSA 422:21 |
Tra 905.04 |
RSA 422:21 |
Tra 905.05 |
RSA 422:21, 31 |
Tra 905.06 |
RSA 422:21 |
Tra 905.07 |
RSA 422:25 |