A.R.S. tit. 28 ch. 25 — Arizona Revised Statutes Title 28 Chapter 25 — Aviation

28-8201. Definitions In this article and articles 2 through 5 of this chapter, unless the context otherwise requires: 1. "Aeronaut" includes any aviator, pilot, balloonist and other person participating in the operation of aircraft while in flight. 2. "Aircraft" includes a balloon, airplane, amphibian and craft used for navigation through the air. 3. "Passenger" includes a person who rides in aircraft but has no part in its operation. 4. "Seizure of aircraft" means the physical disabling or securing of an aircraft by locks, chains or other mechanical devices. 28-8202. State aviation fund A. The state aviation fund is established consisting of the following: 1. Aviation fuel taxes or motor vehicle fuel taxes deposited by the department. 2. Monies deposited by the department as a result of the sale of an abandoned aircraft as defined in section 28-8243 or seized aircraft. 3. The amount of flight property tax that the department of revenue has deposited pursuant to section 42-14255. 4. Registration fees, license taxes and penalties collected pursuant to article 4 of this chapter. 5. Monies received by the department from the operation of airports under this article and articles 2 through 5 of this chapter. 6. The amount of jet fuel excise tax and jet fuel use tax that the department of revenue has deposited pursuant to section 42-5353. B. On notice from the department, the state treasurer shall invest and divest monies in the state aviation fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. The department shall administer monies that are appropriated by the legislature from the state aviation fund. D. The board shall distribute monies appropriated to the department from the state aviation fund for planning, design, development, acquisition of interests in land, construction and improvement of publicly owned and operated airport facilities in counties, incorporated cities and towns and Indian reservations. The board shall distribute these monies according to the needs for these facilities as determined by the board. No more than ten percent of the average annual revenue that the fund received for the past three years may be awarded to any one airport in grants in any fiscal year. For the purposes of this subsection, "publicly owned and operated airport facility" means an airport and appurtenant facilities in which one or more agencies, departments or instrumentalities of this state, a city, town or county of this state or an Indian tribe or tribal government holds an interest in the land on which the airport is located that is clear of any reversionary interest, lien, easement, lease or other encumbrance that might preclude or interfere with the possession, use or control of the land for public airport purposes for a minimum period of twenty years. 28-8204. State owned airports; fees The director may establish fees for use of state owned airports and appurtenant facilities, including the following: 1. Landing and takeoff for commercial aircraft. 2. Aircraft tiedown. 3. Vehicle parking. 4. Equipment use. 5. Aircraft servicing. 6. Facility use. 7. Damages to equipment or facilities. 8. Janitorial or custodial services. 9. Terminal and land space rental. 10. Commission on sales at the airport. 11. Ground transportation use of the airport facility in serving passengers who are arriving or departing. 12. Use of advertising space. 13. Fuel flowage, storage, transportation and handling. 28-8205. Construction of new airports; definitions A. A new airport shall not be constructed within the boundaries of an urbanized area or within twenty-four statute miles of the exterior boundary of an urbanized area without approval of the board. B. The board shall approve construction of a new airport only if both: 1. The construction of the new airport is consistent with the state, regional and local aviation system plans. 2. The state, regional and local aviation plans consider relevant criteria, including airspace and air safety, land use compatibility and priority of funding. C. This section does not apply to a heliport or to an addition to an existing airport. D. For the purposes of this section: 1. "Airport" means an area of land or water that is designed, set aside and utilized or to be utilized for the landing and taking off of aircraft. 2. "Heliport" means an area of land, water or structure that is used or intended to be used for the landing and takeoff of rotorcraft. For the purposes of this paragraph, "rotorcraft" means a heavier than air aircraft that depends principally for its support in flight on the lift generated by one or more rotors. 3. "Urbanized area" means an urbanized area as defined in the most recent decennial census by the United States bureau of the census. 28-8206. Sovereignty This state has sovereignty in space above land and water of this state, unless sovereignty is granted to and assumed by the United States pursuant to a lawful grant from this state. 28-8207. Ownership Ownership of space above land and water of this state is vested in the several owners of the surface beneath, subject to the right of flight described in section 28-8277. 28-8208. Crimes, torts and other wrongs; governing law A. Any crime, tort or other wrong that is committed by or against an aeronaut or passenger while in flight over this state is governed by the law of this state. B. The law of this state determines whether damage by or to an aircraft while in flight over this state is a tort, a crime or any other wrong by or against the owner of the aircraft. 28-8209. Legal relationships while in flight Any contractual or other legal relationship entered into by aeronauts or passengers while in flight over this state have the same effect as if entered into on the land or water beneath the aeronauts or passengers. 28-8210. Civil air patrol; federal monies Notwithstanding any other law, the civil air patrol may receive monies directly or indirectly from the United States department of homeland security. 28-8241. Aeronautics division; assistant director A. An assistant director for aeronautics who has an aeronautical background shall administer the aeronautics division of the department. B. The compensation of the assistant director shall be determined pursuant to section 38-611. 28-8242. Powers and duties A. The department: 1. Shall cooperate with all state, local and federal organizations to encourage and advance the safe and orderly development of aviation in this state. 2. May: (a) Assemble and distribute to the public information relating to aviation, landing fields, navigational aids and other matters pertaining to aviation. (b) Accept, in the name of this state, federal monies made available for the advancement of aviation. (c) Represent this state on issues of routing structures and rate schedules concerning commercial airline traffic. (d) Accept and receive federal and other public or private monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports and other air navigation facilities and sites for air navigation facilities or for any other purpose authorized by this section. The department shall deposit, pursuant to sections 35-146 and 35-147, these monies in the state aviation fund. (e) Facilitate the development of a regional airport. (f) Loan monies from the state aviation fund to an airport authority that enters into an agreement with the United States for an airport development project if the airport authority designates in its agreement with the United States that payment of federal participating monies shall be made to the department acting as the agent of the airport authority and enters into an agreement with the department appointing the department as agent of the airport authority to receive all federal participating monies. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies received pursuant to this subdivision in the state aviation fund. For the purposes of this subdivision, "airport authority" means the governing body of a public airport operating pursuant to sections 28-8423 and 28-8424 or a joint powers airport authority. B. Notwithstanding section 38-623, the director may authorize personnel of the department to use rental aircraft in the performance of their duties at the prevailing hourly rate. The rental fee is a charge against monies appropriated for in-state and out-of-state travel. C. The director shall: 1. Contract for the operation of state owned airports. 2. In conjunction with local authorities, plan, build and develop airports, airport terminals and other related navigational facilities. 3. Operate and maintain the Grand Canyon national park airport located in the Kaibab national forest, Coconino county. 4. Provide on the department's website information on resources for operating a model aircraft, including safety guidelines established by a nationwide aeronautics community-based organization. 5. Provide on the department's website pictures that show examples of critical facilities, as defined in section 13-3729, to provide unmanned aircraft operators with information on what is considered a critical facility. A picture or any written description on the website may not identify the owner or operator of the critical facility or the location of the critical facility. 28-8243. Abandoned aircraft; definition A. A person shall not abandon an aircraft on property of another. B. A peace officer who has reasonable grounds to believe that an aircraft has been abandoned may seize the aircraft and cause its removal from property of another. A peace officer who causes the removal of an aircraft pursuant to this subsection shall immediately notify the director in writing of the removal. C. The abandonment of an aircraft in the manner provided in this section is a presumption that the last registered owner of record is responsible for the abandonment, unless the aircraft is the subject of a theft report filed with a local law enforcement agency. D. On receipt of a report as required by this section, the director shall search the records of the department. On receipt of information disclosing the name and address of the owner and lienholder, if any, the director, at least fifteen days before the date of taking this action, shall give to the owner and lienholder, if any, notice of the director's intention to sell the aircraft. The director shall give notice by certified mail, return receipt requested, to be delivered to the addressee only. E. If the records of the department fail to disclose the name and address of the owner and lienholder, if any, or if the notice is returned marked unclaimed or addressee unknown, the director shall publish notice of the director's intention to sell the aircraft once in a newspaper of general circulation in the county in which the aircraft was seized. The notice shall include a complete description of the aircraft, including the identification number and the place and date the aircraft was found. F. If the aircraft is unclaimed at the expiration of fifteen days from mailing the certified notice or on the expiration of fifteen days from the publication, the director may sell the aircraft at public auction to the highest bidder. The director shall issue a bill of sale to the purchaser at the sale on compliance with this section. G. The director shall retain any surplus arising from the sale, after deducting the costs of the sale of the aircraft, for the lienholder or owner for a period of thirty days. If the surplus is not claimed on the expiration of that time it shall be deposited, pursuant to sections 35-146 and 35-147, in the state aviation fund. H. For the purposes of this section, "abandoned aircraft" means an aircraft that has been left on property without the consent of the owner or operator of the property for more than sixty days. 28-8244. Hearing; appeal A. A person who is aggrieved by a decision made within the department pursuant to this article or article 1, 3, 4 or 5 of this chapter may request a hearing before the director. The person shall submit a written request for the hearing to the department within thirty days after the decision of the department. B. Except as otherwise provided in this section, the director shall hold the hearing in accordance with title 41, chapter 6, article 6. C. A party to the hearing before the director may appeal pursuant to title 12, chapter 7, article 6. 28-8271. Federal license; violation A. A person who operates aircraft in this state for which a license is required by the United States or a federal agency shall have the class of license that is required. B. It is unlawful for a person to operate aircraft in this state in any manner without a license required by this section. C. The licensee shall: 1. Keep the license in the licensee's personal possession when operating aircraft in this state. 2. Present the license for inspection on the request of a passenger, a peace officer of this state or an official, manager or person in charge of an airport in this state where the licensee will land. 28-8272. Federal regulation; licensing and registration; violation A. Aircraft operating in this state shall conform to design, construction and airworthiness standards prescribed by the United States or the appropriate federal agency for the navigation of aircraft subject to its jurisdiction. B. It is unlawful for a person to navigate an aircraft in this state unless it is licensed and registered by the appropriate agency of the United States in the manner prescribed by regulations of the United States or the appropriate federal agency. 28-8273. Damage responsibility A. A pilot is responsible for damage to a person or property that is caused by aircraft directed by the pilot or under the pilot's control and that results from the negligence of the pilot, either in controlling the aircraft or while giving instructions to another person. B. If the pilot is the agent or employee of another, both the pilot and the pilot's principal or employer are responsible for the damage. 28-8274. Aircraft collisions; liability The law applicable to torts on land determines the liability of the owner of one aircraft to the owner of another aircraft or to aeronauts or passengers on either aircraft for damage caused by a collision on land or in the air. 28-8275. Insurance coverage disclosure; civil penalty A. A person who rents an aircraft to another person shall both: 1. Deliver to the renter a written notice stating the nature and extent of insurance coverage provided, if any, for the renter against either: (a) Loss of or damage to the hull of the aircraft. (b) Liability arising out of the ownership, maintenance or use of the aircraft. 2. Retain copies of the notice for two years from the last date the renter has rented an aircraft from the person. B. The notice provided in subsection A constitutes a material part of the rental agreement. The renter shall give written acknowledgment of receipt of this notice. C. Delivery of the notice covers all future rentals of the same aircraft to the same person, unless the insurance coverage provided in the original notice has been reduced or eliminated. D. Failure to deliver the notice pursuant to subsection A shall result in a civil penalty of not more than one thousand dollars. 28-8276. Violations; classification A. Unless another classification is provided, a person who violates this article is guilty of a class 3 misdemeanor. B. An act or omission that is unlawful pursuant to this article does not include an act or omission that violates the laws or regulations of the United States. C. It is not necessary to allege or prove as part of the case for this state that the defendant is not subject to prosecution under the laws of the United States for the alleged violation. The fact that the defendant is amenable to prosecution under the laws of the United States is a matter of defense, unless it affirmatively appears from the evidence of this state. 28-8277. Low altitude flying prohibited Flight of aircraft over lands and waters of this state is lawful, unless either: 1. It is at a low altitude that interferes with the existing use to which land, water or space over the land or water is put by the owner. 2. It is conducted in a manner that is imminently dangerous to persons or property lawfully on the land or water beneath the flight. 28-8278. Landing prohibition; liability A. Landing of aircraft on lands or waters of another without consent of the owner of the lands or waters is unlawful, unless it is a forced landing. B. The owner or lessee of the aircraft or the aeronaut is liable for damages caused by a forced landing as provided in section 28-8273. 28-8279. Trick or acrobatic flying; low level flying; dropping objects; classification An aeronaut or passenger who does any of the following while in flight over a densely inhabited area or over a public gathering in this state is guilty of a class 1 misdemeanor: 1. Engages in trick or acrobatic flying or in any acrobatic feat. 2. Except while landing or taking off, flies at a low level that endangers persons on the surface beneath the flight. 3. Drops an object, except loose water, loose sand ballast or loose sheets of paper. 28-8280. Careless or reckless aircraft operation; violation; classification; definitions A. A person who operates an aircraft in the air, on the ground or on the water in a careless or reckless manner that endangers the life or property of another is guilty of a class 1 misdemeanor. In determining whether the operation was careless or reckless, the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics. B. For the purposes of this section: 1. "Aircraft" includes a model aircraft and civil unmanned aircraft. 2. "Civil unmanned aircraft" has the same meaning prescribed in section 13-3729. 3. "Model aircraft" has the same meaning prescribed in section 13-3729. 28-8281. Killing birds or animals; classification A. Except as provided in subsection B, an aeronaut or passenger who intentionally kills birds or animals while in flight is guilty of a class 1 misdemeanor. B. If authorized by the Arizona game and fish commission, the following persons may take coyotes by shooting from aircraft for wildlife and livestock management purposes: 1. An employee of the Arizona game and fish department. 2. An authorized employee of the United States government agency. 28-8282. Prohibited operation; under the influence; incapacitation A. A person shall not operate or be in actual physical control of an aircraft if the person is either: 1. Under the influence of intoxicating liquor, narcotic or other drugs or marijuana. 2. By reason of mental or physical disability, incapable of operating an aircraft under the circumstances. B. In a criminal prosecution for a violation of subsection A relating to operating an aircraft while under the influence of intoxicating liquor, it is presumed that the defendant was under the influence of intoxicating liquor if there was at the time 0.04 per cent or more by weight of alcohol in the defendant's blood, urine, breath or other bodily substance. This subsection does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor. C. A person shall not operate or be in actual physical control of an aircraft either: 1. While there is 0.04 per cent or more by weight of alcohol in the person's blood. 2. Within eight hours after consuming intoxicating liquor, narcotic or habit forming drugs or marijuana. D. An owner of an aircraft or a person in charge or control of an aircraft shall not knowingly permit the aircraft to be operated by a person in violation of subsection A or C. E. Per cent by weight of alcohol in the blood is based on grams of alcohol per hundred cubic centimeters of blood. 28-8283. Implied consent; immunity A. A person who operates or is in actual physical control of an aircraft in the air or on the ground or water gives consent to a test or tests of the person's blood, breath or urine to determine the alcoholic content of the person's blood if arrested for operating or being in actual physical control of an aircraft while under the influence of intoxicating liquor. The test shall be given in the same manner as prescribed in sections 28-1321, 28-1323, 28-1324, 28-1325 and 28-1388. B. If a person under arrest refuses to submit to a test designated by the law enforcement agency, the test shall not be given. The refusal to submit to the test is admissible in evidence in a prosecution for a violation of section 28-8282, subsection A or C. The law enforcement agency shall report the person's refusal to submit to the test to the federal aviation administration for appropriate administrative action. C. A person qualified to withdraw blood or take a urine specimen under this section or any hospital, laboratory or clinic employing or utilizing the services of the person is not civilly liable as a result of these activities, if a law enforcement officer requests the withdrawal of blood or the taking of urine specimens, unless the person is guilty of gross negligence while performing the activities. 28-8284. Violation; classification A. A person who is convicted of a violation of section 28-8282 is guilty of a class 1 misdemeanor and shall be sentenced to serve not less than twenty-four consecutive hours in jail. B. The court shall order the person to pay a fine of not less than two hundred fifty dollars and may order the person to perform not less than eight or more than twenty-four hours of community restitution. C. A court shall not grant probation to or suspend any part or all of the imposition or execution of a sentence required by this section, except on the condition that the person serve not less than twenty-four consecutive hours in jail and pay a fine of not less than two hundred fifty dollars. D. The court: 1. Shall not excuse an offender from spending twenty-four consecutive hours in jail. 2. May require the offender to attend traffic safety or alcohol abuse classes at the offender's expense. 3. If in the court's opinion the offender has the problem of habitual abuse of alcohol or drugs, shall require the offender to obtain treatment under its supervision. 4. Shall order the offender to pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. 5. Shall order the offender to pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. E. Notwithstanding subsection A of this section, the judge may sentence a person pursuant to section 28-8286 instead of pursuant to subsection A of this section, if all of the following conditions are met: 1. The person is convicted of a violation of section 28-8282. 2. The prosecutor alleges the provisions of this subsection. 3. The court finds that alternative sentencing will serve the best interests of this state and that the person: (a) Has not been convicted of one or more violations of section 28-8282 within sixty months of the date of commission of the acts out of which the charges arose. The dates of commission of the offense are the determining factor in applying this paragraph. (b) Was not flying with 0.08 per cent or more by weight of alcohol in the person's blood. (c) Did not cause serious physical injury as defined in section 13-105 to another person during the same event or course of conduct that resulted in the conviction for which the person is to be sentenced. 28-8285. Alcohol abuse screening session The court shall order a person convicted of a violation of section 28-8282 to complete an alcohol abuse screening session. The convicted person shall pay the reasonable costs of the screening session. 28-8286. Alternative sentencing If pursuant to section 28-8284, subsection E a court orders a person convicted of a violation of section 28-8282 to be sentenced pursuant to this section, the court: 1. Shall order the person to pay a fine of not less than two hundred fifty dollars. 2. May order the person to perform not less than eight or more than twenty-four hours of community restitution. 3. May require the person to attend traffic safety or alcohol abuse classes at the person's expense. 4. If in the court's opinion the person has the problem of habitual abuse of alcohol or drugs, shall require the person to obtain treatment under its supervision. 5. Shall not suspend any part or all of the imposition or execution of any sentence required by this section. 6. Shall order the person to pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. 7. Shall order the person to pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. 28-8287. Second offense A. If a person is convicted of a second violation of section 28-8282 or is convicted of a violation of section 28-8282 and has previously been convicted of an act in another state that if committed in this state would be a violation of section 28-8282 within a period of sixty months: 1. The person is guilty of a class 1 misdemeanor. 2. The person shall be sentenced to serve not less than sixty days in jail. 3. The court shall order the person to pay a fine of not less than five hundred dollars. 4. The court shall not grant probation to or suspend any part or all of the imposition or execution of any sentence required by this subsection, except on the condition that the person serve not less than sixty days in jail and pay a fine of not less than five hundred dollars. 5. If in the court's opinion the offender has the problem of habitual abuse of alcohol or drugs, the court shall require the person to obtain treatment under its supervision. 6. The person shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. 7. The person shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. B. The dates of the commission of the offense are the determining factor in applying this section. C. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. 28-8288. Third or subsequent offense A. If a person is convicted of a third or subsequent violation of section 28-8282 or is convicted of a violation of section 28-8282 and has previously been convicted of any combination of convictions of section 28-8282 or acts committed in another state that if committed in this state would be a violation of section 28-8282 within a period of sixty months: 1. The person is guilty of a class 5 felony. 2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served not less than six months in prison. 3. The court shall not suspend the imposition of a prison sentence. 4. If in the court's opinion the person has the problem of habitual abuse of alcohol or drugs, the court shall require the person to obtain treatment under its supervision. 5. In addition to any other penalty prescribed by law, the person shall pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. 6. In addition to any other penalty prescribed by law, the person shall pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. B. The dates of the commission of the offense are the determining factor in applying this section. C. A third or subsequent violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. 28-8289. Political subdivision; immunity A political subdivision processing or utilizing the services of a person ordered to perform community restitution pursuant to this article is not civilly liable to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee is guilty of gross negligence. 28-8290. Employment permitted A. On pronouncement of a jail sentence under section 28-8284, 28-8287 or 28-8288, the court may provide in the sentence that the defendant may be permitted, if the defendant is employed and can continue employment, to both: 1. Continue employment for not more than twelve hours per day or more than six days per week. 2. Spend the remaining day, days or parts of days in jail until the sentence is served. B. The defendant sentenced under this section shall be allowed out of jail only long enough to complete the defendant's actual hours of employment. 28-8291. Prior convictions allowed A. The court: 1. Shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-8282 that is filed twenty or more days before the date the case is actually tried. 2. May allow the allegation of a prior conviction or any other pending charge of a violation of section 28-8282 that is filed any time before the date the case is actually tried. B. When the allegation is filed, the state shall make available to the defendant a copy of any information obtained concerning the prior conviction or other pending charge. C. The sequence of court dispositions of pending cases is immaterial if the offenses were committed within sixty months. 28-8292. Waiver of fine, surcharge or assessment Notwithstanding any other law, the court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to section 12-116.01 or 12-116.02 for a conviction of an offense listed in this article. 28-8321. Definition of resident For the purpose of registration of an aircraft, "resident" has the same meaning prescribed in section 28-2001. 28-8322. Registration; exceptions; definition A. Aircraft based in this state shall be registered with the department. B. A person or governmental entity shall register an aircraft by applying to the department on a form provided by the department within sixty days after the aircraft is brought into this state. A person who registers an aircraft shall renew the registration annually as prescribed by section 28-8322.01. C. The department shall not issue a registration certificate for an aircraft to a person who is subject to the use tax paid pursuant to title 42, chapter 5, article 4 unless the applicable tax has been paid as shown by a receipt from the collecting officer. D. Subsections A and B of this section do not apply to aircraft that is any of the following: 1. Operated by an airline company and regularly scheduled for the primary purpose of carrying persons or property for hire in interstate, intrastate or international transportation. 2. Owned by a nonresident who bases the aircraft in this state for a period of not more than ninety consecutive days or ninety days in any one calendar year, if the aircraft is not engaged in intrastate commercial activity. 3. A balloon. E. Aircraft, except aircraft included in subsection D, paragraph 1 or 3 of this section, entering the state to engage in intrastate commercial operations shall be registered before commencing these operations. F. For the purposes of this section, "balloon" means either: 1. An aircraft that is a flexible, nonporous bag inflated with a gas that is lighter than air. 2. A hot air balloon. 28-8322.01. Staggered aircraft registration; rules A. The director shall establish a system of staggered registration on a monthly basis to distribute the work of registering aircraft as uniformly as practicable throughout the twelve months of the calendar year. B. All aircraft registrations under this article expire pursuant to schedules established by the director. The director may set the number of renewal periods within a month. C. If adoption of the staggered system results in the expiration of any registration more than one year after its issuance, the department shall charge a prorated license tax that is one-twelfth of the full annual amount for each full month of the registration cycle and shall charge a full registration fee. D. In order to initiate a system of registering or reregistering aircraft during any month of the calendar year, the director may register or reregister an aircraft for more or less than a twelve-month period, but for not more than an eighteen-month period, and may prorate the license tax by one-twelfth of the full annual amount for each full month of the registration cycle and shall charge a full registration fee. E. The director or a registering officer may allow a person who owns two or more aircraft to register or reregister the aircraft for less than one year so that the aircraft's registrations expire on the same date. F. The director shall adopt rules necessary to implement this section. 28-8322.02. Fleet registration requirements A. In lieu of the staggered aircraft registration requirements under section 28-8322.01, a person may register a fleet of two or more aircraft on an annual basis so that the registrations for all aircraft in the fleet expire in the same month. B. The director shall approve the request for fleet registration if, at least thirty days before the registration date, the applicant provides both of the following: 1. An application containing information necessary for qualification as a fleet registrant. 2. A list of all aircraft to be included in the fleet. C. To establish a new fleet registration and a uniform month of expiration, all of the following apply: 1. The department shall maintain the valuation for aircraft determined pursuant to section 28-8335 at the current valuation if it is necessary to calculate a prorated license tax. 2. The license tax for that year on the aircraft shall be prorated by one-twelfth of the full annual amount for each full month of the registration cycle. 3. The aircraft owner shall pay the full registration fee. The registration may not be prorated. 28-8323. Government and dealer aircraft registration; fees A. This state, any political subdivision of this state or the civil air patrol shall register aircraft it owns and operates exclusively in the public service, but a registration fee or license tax shall not be assessed on this aircraft. If this state, any political subdivision of this state or the civil air patrol does not register the aircraft as provided in section 28-8322, this state, the political subdivision or the civil air patrol shall pay the department a penalty fee of twenty-five dollars for the first month and five dollars for each succeeding month until it makes application for registration on the form provided by the department. B. An aircraft dealer licensed by the department pursuant to section 28-8383 shall register aircraft the dealer owns and holds for the purposes of sale. If the dealer fails to register the aircraft with the department as an aircraft being held for purposes of sale on a form provided by the department within ten days after the aircraft is purchased by the dealer, the department shall assess the registration fee prescribed in section 28-8325 and the license tax prescribed in section 28-8335 on the aircraft. 28-8324. Registration; license tax A. Aircraft on which a license tax is due under section 28-8335 shall not be registered until the license tax is paid. B. If an aircraft that was not previously subject to registration in this state becomes subject to registration, the aircraft shall be registered pursuant to section 28-8322.01. 28-8325. Registration fee; certificate On payment of a registration fee of $5, the license tax and the penalty, if any, the department shall issue a registration certificate that must be kept with the aircraft at all times. 28-8326. Aircraft dealers; registration application; penalty A. At the time of the sale, aircraft dealers shall have the aircraft buyer prepare and sign an application for aircraft registration. The dealer shall immediately forward the application to the department. B. A dealer who fails to forward the completed application to the department within twenty calendar days shall pay a penalty of twenty-five dollars. 28-8327. Exemption claim A. On request of the department, a person who claims that an aircraft is exempt from payment of the license tax or registration fee imposed by this article shall make available for inspection the aircraft logbook and furnish the name of any pilot who has flown the aircraft during the period for which the exemption is claimed. B. The assessment of registration fees, license taxes and penalties by the department is presumed correct if the person wilfully fails to comply with this section. 28-8328. Failure to register; assessment procedure If an aircraft is not registered within the time periods prescribed in this article, the director shall assess registration fees, license taxes and penalties due as follows: 1. The director shall give notice of the assessment to the owner of the aircraft. Notice is deemed to be complete at the time of mailing or at the time of electronic transmission. 2. The assessment is final thirty days after notice is deemed to be complete, unless, before that time, the department receives a written objection to the assessment and a request for a hearing from the owner. If the department receives a request for a hearing, the hearing shall be conducted as provided in section 28-8244. 28-8329. Late registration; penalty; abatement A. If an aircraft required to be registered under this article is not registered within sixty days after its entry into this state and renewed annually pursuant to section 28-8322.01, a penalty of $25 for the first month and $5 for each succeeding month of delinquency shall be added to the registration fee and collected unless an exemption for the aircraft is established pursuant to this article. B. Registration of the aircraft for the year immediately preceding the year for which the application for registration is made is prima facie evidence that the aircraft has been based in this state during the year for which the application for registration is made. C. The director may abate all or a part of any penalty assessed for failure to register an aircraft within the time periods prescribed in this article if the director believes that reasonable cause exists for the failure to register the aircraft as provided by this article. For the purposes of this subsection, "reasonable cause" means a reasonable basis for the person responsible for registration of the aircraft to believe that the aircraft was exempt from registration requirements. 28-8330. Lien A. The license tax, registration fee and penalty constitute a lien on the aircraft on which they are due from the due date. B. The lien has priority over any other lien or encumbrance on the aircraft, except for a lien of other state taxes that has priority by law. C. The lien continues until the license taxes, registration fees, penalties and lien recording fees are paid. D. The department shall issue a release of the lien on receipt of full payment of the registration fees, license taxes, penalties and lien recording fees secured by the lien. The release shall be a document in a form as specified in section 11-480. E. If requested by the department, the sheriff of the county in which the aircraft is found or any other peace officer shall collect the license tax, registration fee, penalty and lien recording fee by seizure of the aircraft from the person in possession of the aircraft, if any, and by sale as provided in section 28-8331. 28-8331. Seized aircraft sale A. If an aircraft has been seized under this article and held for a period of sixty days and license taxes, registration fees, penalties, lien recording fees and costs and expenses of seizure are not paid in full, the sheriff of the county in which the aircraft is found shall sell the aircraft when requested by the department. B. The sale of an aircraft under this section shall be at public auction after notice of the sale is sent by the department by certified mail at least five but not more than twenty days before the sale directed to the last known address of the owner of the aircraft, if the owner is known. If the owner is unknown, the department shall give notice by publication in a newspaper of general circulation in the county in which the aircraft was seized. If notice is published in a weekly newspaper, the publication shall be made once each week for two consecutive weeks, or if published in a daily newspaper, six consecutive times, the last publication to be at least five but not more than ten days before the date of the sale. C. Within five days after receipt of the proceeds of the sale, the sheriff shall transmit the entire proceeds to the department. After payment by the department of the license taxes, registration fees, penalties, lien recording fees and costs and expenses of the seizure and sale, the department shall pay the remaining proceeds of the sale to the owner from whom the aircraft was seized, if the owner is known. If the owner is unknown, the department shall deposit, pursuant to sections 35-146 and 35-147, the remaining proceeds in the state aviation fund. D. The department may issue a certificate of release of lien on payment of the license taxes, registration fees, penalties, lien recording fees and costs and expenses of seizure and sale. 28-8332. Registration; transfer or assignment A. If a person who registered an aircraft under this article transfers or assigns title to or interest in the aircraft, the registration of the aircraft expires. B. Within sixty days after the transfer or assignment, the person to whom the transfer or assignment is made shall register the aircraft in that person's name with the department and pay the regular registration fee, unless the aircraft is exempt from registration pursuant to section 28-8322. C. If an aircraft is not registered within sixty days after the transfer or assignment as required by this section, the department shall collect an annual penalty of twenty-five dollars for the first month and five dollars for each succeeding month of delinquency in addition to the registration fee. 28-8334. Aircraft loss or destruction If an aircraft registered under this article is lost or destroyed, the registration of the aircraft expires. The person to whom the aircraft is registered, or, if that person dies, that person's legal representative, shall inform the department in writing of the loss or destruction of the aircraft within thirty days after it occurs. 28-8335. License tax; tax rate A. An annual license tax is imposed on all aircraft based in this state and required to be registered pursuant to this article, unless an exemption for the aircraft is established pursuant to this article. The license tax is payable to the department on initial registration and annually pursuant to section 28-8322.01. B. Except as provided in sections 28-8336, 28-8337, 28-8338, 28-8339, 28-8340 and 28-8341, the department shall determine and assess the license tax prescribed by subsection A of this section on the basis of one-half percent of the average fair market value of the particular make, model and year of aircraft. The average fair market value: 1. May not have an annual percentage change that is more than the annual percentage change in the average consumer price index as published by the United States department of labor, bureau of labor statistics. 2. In fiscal year 2021-2022, shall be benchmarked to what the average fair market value of the aircraft was in 2019. C. The tax assessed under this section shall be at least $20 for a full year of registration. 28-8336. Nonresident; license tax rate The license tax for a nonresident whose aircraft is based in this state for more than ninety days but less than two hundred ten days in a calendar year is equal to one-tenth of one per cent of the average fair market value of the particular make, model and year of aircraft if the aircraft is not engaged in any intrastate commercial activity. 28-8337. Stored or repaired aircraft; license tax rate A. The annual license tax for aircraft that is in storage or that is being repaired is $20 for each aircraft, except for an aircraft taxed under section 28-8341. B. To qualify for the tax under this section, the aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within sixty days after the aircraft is placed in storage or under repair on entry into this state. C. The owner of an aircraft that is subject to the tax under this section shall notify the department within ten days after the date the aircraft is returned to use and shall pay the appropriate license tax, if any, prorated on the basis of one-twelfth for each month remaining in the registration cycle beginning with the first month the aircraft is restored to use. 28-8338. Salvage aircraft; license tax rate; definition A. The annual license tax for a salvage aircraft that is in storage or that is being restored is $5 for each aircraft, and the tax shall not be prorated. B. To qualify for the tax under this section, the salvage aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within sixty days after the aircraft is placed in storage or under restoration on entry into this state. C. The salvage aircraft owner who is subject to the tax under this section shall notify the department within ten days after the date the aircraft is returned to use and shall pay the appropriate license tax, if any, prorated on the basis of one-twelfth for each month remaining in the registration cycle beginning with the first month the aircraft is returned to use. D. For the purposes of this section, "salvage aircraft" means an aircraft that is being restored and that is not meant to be flown. 28-8339. Special aircraft; license tax rate; definitions A. The annual license tax for an antique aircraft, classic aircraft, warbird aircraft, glider aircraft, experimental aircraft or homebuilt aircraft is $20 for each aircraft. B. To qualify for the tax under this section, the aircraft owner shall annually apply on a form provided by the department to the department not later than the last day of the registration cycle or within sixty days after entry into this state. C. For the purposes of this section: 1. "Antique aircraft" means an aircraft that has a year of original manufacture and federal certification that is fifty years old or older. 2. "Classic aircraft" means an aircraft that has a year of original manufacture and federal certification that is at least forty years old but not more than forty-nine years old. 3. "Experimental aircraft" means an aircraft that is designated as experimental on its federal aviation administration airworthiness certificate. 4. "Glider aircraft" means a light, engineless aircraft that is designed to glide after being towed aloft or launched from a catapult. 5. "Homebuilt aircraft" means an aircraft that is constructed primarily by an individual for the individual's personal use, excluding an aircraft that is constructed primarily by a for profit aircraft manufacturing business. 6. "Warbird aircraft" means an aircraft that is built before January 1, 1948 expressly for the purpose of military service. 28-8340. Manufacturer's aircraft; definition A. The annual license tax for a manufacturer's aircraft is $20 for each aircraft. B. To qualify for the tax under this section, the manufacturer's aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within sixty days after entry into this state. C. For the purposes of this section, "manufacturer's aircraft" means an aircraft that is both: 1. Manufactured under a production certificate issued by the federal aviation administration under federal air regulations part 21. 2. Owned by the manufacturer for purposes of completing manufacture or sale. 28-8341. Maintenance aircraft; license tax rate; definition A. The annual license tax for a maintenance aircraft owned by a nonresident is $20 for each aircraft, unless an exemption is established pursuant to this article. The tax shall not be prorated. B. To qualify for the tax under this section, the nonresident owner or representative of the owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of the registration cycle or within ninety days after the maintenance aircraft enters this state. C. For the purposes of this section, "maintenance aircraft" means an aircraft that is not based in this state but that is present in this state solely for the purpose of maintenance, repair or servicing at a federal certified maintenance facility. 28-8342. Fair market value determination For the registration cycle, the department shall annually determine the fair market value required by sections 28-8335 and 28-8336 as established by the dealer price guides or other recognized reliable source of information. 28-8343. Aircraft total loss; violation; classification A. If a company that insures an aircraft determines the aircraft is a total loss, the insurer shall provide to the department an affidavit stating that a total loss occurred. B. If the aircraft is a total loss, is transferred to another person, business or organization and is not insured, the person, business or organization shall provide an affidavit to the department stating the aircraft to be a total loss. C. On receipt of the affidavit, the director shall: 1. Determine the amount of registration fee and license tax under this article. 2. Reduce the amount of the registration fee and license tax by one-twelfth for each full month of the registration period that has not yet expired. 3. Allow a tax credit to the owner for the appropriate amount of taxes previously paid on verified written application by the owner of the aircraft at the time the total loss occurred. The owner may use the tax credit on the next or several succeeding aircraft registration fees or license taxes that may be owed by the owner. D. A person who violates this section is guilty of a class 2 misdemeanor. 28-8344. Aviation fuel tax; rate; definition A. In addition to all other taxes provided by law, each supplier shall pay to this state a tax of five cents for each gallon of aviation fuel as provided in chapter 16, article 1 of this title. B. For the purposes of this section, "supplier" has the same meaning prescribed in section 28-5601. 28-8345. Registration fees; penalties; taxes; distribution A. Monies received from the registration fees collected pursuant to this article shall be transmitted to the state treasurer, pursuant to sections 35-146 and 35-147, for distribution as follows: 1. 50 percent in the state general fund. 2. 35 percent in the state aviation fund established by section 28-8202 for use in the construction, development and improvement of airports. 3. 9.5 percent to counties in the proportion that the population of each county bears to the total population of this state. 4. 5.5 percent to incorporated cities and towns in the proportion that the population of each city or town bears to the total population of this state. Monies distributed pursuant to this paragraph may be used by the city or town for any purpose permitted by law. B. Monies received from civil penalties collected pursuant to this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. C. Not later than the fifteenth day of each month, the department shall transmit monies received from the taxes imposed under this article to the state treasurer who shall deposit the monies pursuant to subsection A of this section. 28-8346. Filing by mail; date of filing A. On receipt of any notice, affidavit, application, registration or other document that must be filed with the department pursuant to this article after the date on which the document is required to be filed and received, the department shall treat the document as if it had been received on the required date if both: 1. It is transmitted through the United States mail. 2. The envelope in which the document is enclosed has a post office cancellation mark dated on or before the required date. B. If the sender disputes the dates contained on the mark or if a mark does not appear or is not legible, the mailing date may be established by competent evidence introduced by the sender. 28-8347. Civil penalties The director may impose a civil penalty against a person required to register an aircraft under this article as follows: 1. In an amount of not more than five hundred dollars against a person who wilfully makes or gives under oath or affirmation a false statement regarding aircraft owned by, leased by or under the control of the person. 2. By assessment of twice the value of the license tax imposed on the aircraft for that year against a person who wilfully conceals, removes, transfers or misrepresents the ownership of the aircraft by the owner or agent of the owner with the purpose of evading taxation. 3. In an amount of not more than two hundred dollars against a person who either: (a) Gives the registrar or deputy registrar a false name. (b) Fails or refuses to give the person's name or a list of aircraft owned by, leased by or under the control of the person. (c) Refuses to swear or affirm to the list. 4. If a statement is required to be made for imposing an assessment or tax, in an amount of not more than two hundred dollars against a person who wilfully makes an oral or written false statement that is not made under oath. 28-8381. Definition of aircraft dealer In this article, unless the context otherwise requires, "aircraft dealer" means a person who is either: 1. Engaged in the business of buying, selling or exchanging aircraft. 2. Offering to assist another person with the purchase, sale or exchange of an aircraft for compensation. 28-8382. License requirement; application; renewal; license tax; liability A. A person shall not act as an aircraft dealer without first obtaining a license from the director that authorizes the person to engage in the business of an aircraft dealer. B. A person shall apply for a license on forms prescribed or authorized by the director. The person shall submit with the application any required documents and the bond or cash deposit prescribed by section 28-8384. On approval of the application the director shall issue the license. C. A license issued to an aircraft dealer is valid for one year and only for the person in whose name it is issued. The aircraft dealer: 1. Shall display the license conspicuously in the principal place of business of the aircraft dealer. 2. Shall annually renew the license. 3. May not assign the license. D. If an aircraft dealer changes the dealer's place of business, the dealer shall notify the director in writing within ten days after the change. E. In addition to any other penalties provided by statute, a person who acts as an aircraft dealer without first obtaining a license is liable for both: 1. The license tax imposed by section 28-8335 on aircraft owned by the person or held by the person on consignment for sale or exchange. 2. Any transaction privilege tax or similar excise tax on the sale of any aircraft