reglab/housing_qa huggingface dataset:
NM Stat § 64-1-2 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-2 - Aircraft; construction, design and airworthiness; federal license.

The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress that aircraft operating within this state should conform with respect to design, construction and airworthiness to the standards prescribed by the United States government with respect to navigation of aircraft subject to its jurisdiction, it shall be unlawful for any person to navigate an aircraft within the state unless it is licensed and registered by the department of commerce of the United States in the manner prescribed by the lawful rules and regulations of the United States government then in force. History: Laws 1929, ch. 71, § 2; C.S. 1929, § 12-102; 1941 Comp., § 47-102; 1953 Comp., § 44-1-2. ANNOTATIONSFederal regulations define terms in aircraft insurance policies. — Aircraft insurance policies are not ambiguous where they fail to define the terms "airworthiness certificate," "airworthiness certification" and "full force and effect" because when insurance policies are clearly within the context of aviation, the pertinent federal aviation regulations which define these terms apply. Security Mut. Cas. Co. v. O'Brien, 1983-NMSC-035, 99 N.M. 638, 662 P.2d 639. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation §§ 30 to 41. Aircraft operated wholly within state as subject of federal regulation, 9 A.L.R.2d 485. Personal injury or death allegedly caused by defect in aircraft or its parts, supplies or equipment, 97 A.L.R.3d 627. Strict liability, in absence of statute, for injury or damage occurring on the ground caused by ascent, descent, or flight of aircraft, 73 A.L.R.4th 416. 2A C.J.S. Aeronautics and Aerospace §§ 39 to 41.
NM Stat § 64-1-3 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-3 - Qualifications of operators; federal license.

The public safety requiring and the advantages of uniform regulations making it desirable in the interest of aeronautical progress that a person engaging within this state in navigating the aircraft described in Section 2 [64-1-2 NMSA 1978] hereof in any form of navigation for which license to operate such aircraft would be required by the United States government shall have the qualifications necessary for obtaining and holding the class of license required by the United States government. It shall be unlawful for any person to engage in operating such aircraft within this state in any form of navigation unless he have such a license. History: Laws 1929, ch. 71, § 3; C.S. 1929, § 12-103; 1941 Comp., § 47-103; 1953 Comp., § 44-1-3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation §§ 51 to 56, 59. Revocation or suspension of airman's license or certificate, 78 A.L.R.2d 1150. 2A C.J.S. Aeronautics and Aerospace §§ 42 to 56.
NM Stat § 64-1-4 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-4 - Possession and display of license.

The certificates of the license in Sections 2 and 3 [64-1-2, 64-1-3 NMSA 1978] hereof required shall be kept in the personal possession of the licensee when he is operating aircraft within this state, and must be presented for inspection upon the demand of any passenger, any peace officer of this state or any official, manager or person in charge of any airport or landing field in this state upon which he shall land. History: Laws 1929, ch. 71, § 4; C.S. 1929, § 12-104; 1941 Comp., § 47-104; 1953 Comp., § 44-1-4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation §§ 28, 29. 2A C.J.S. Aeronautics and Aerospace § 43.
NM Stat § 64-1-5 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-5 - Must observe air traffic rules.

The public safety requiring and the advantages of uniform regulation making it desirable, it shall be unlawful for any person to operate any aircraft within this state, in any form of navigation whatsoever, in violation of the air traffic rules adopted by the state corporation commission [public regulation commission] as hereinafter authorized. History: Laws 1929, ch. 71, § 5; C.S. 1929, § 12-105; 1941 Comp., § 47-105; 1953 Comp., § 44-1-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission. For transfer of powers of state corporation commission (now public regulation commission) with regard to regulation and control of aircraft other than common carriers to aviation division of the department of transportation, see 64-1-18 NMSA 1978. State highway department (now department of transportation) could grant permit for airplanes to land on particular portions of New Mexico highways where proper clearance was also obtained from civil aeronautics administration and state corporation commission (now public regulation commission). 1943 Op. Att'y Gen. No. 43-4240. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation § 27. 2A C.J.S. Aeronautics and Aerospace § 27.
NM Stat § 64-1-8 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-8 - Air common carrier must be licensed.

It shall be unlawful for any common carrier, in Section 6 [64-1-6 NMSA 1978] of this act mentioned and defined, to transport any person or property for hire between any points within this state or from any point within this state and return thereto, unless licensed so to do by the state corporation commission [public regulation commission], which license shall be issued and shall expire and may be suspended or revoked in accordance with the regulations made by the state corporation commission [public regulation commission] from time to time as in this act [64-1-1 to 64-1-10 NMSA 1978] contemplated. The state corporation commission [public regulation commission] may charge a fee of five dollars ($5.00) for each license and each renewal thereof by it issued under the provisions of this act. History: Laws 1929, ch. 71, § 8; C.S. 1929, § 12-108; 1941 Comp., § 47-108; 1953 Comp., § 44-1-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission. Air traffic rules promulgated by commission apply to all aircraft, including nonprofit activities as well as the common carrier enterprises. 1947 Op. Att'y Gen. No. 47-5117. Exemptions not authorized. — The state corporation commission (now public regulation commission) has no authority to make exemptions from the requirement of a certificate of convenience and necessity. 1969 Op. Att'y Gen. No. 69-140. Contractor with federal government not exempt from regulation. — A person holding a contract to provide intrastate services for the United States government is not exempt from state regulation. 1969 Op. Att'y Gen. No. 69-140. Federal government not bound by state tariffs. — Although a carrier providing intrastate services for the federal government may be required to have a certificate of public convenience and necessity, the United States government is entitled to negotiate a special rate with the carrier and is not bound by state tariffs. 1969 Op. Att'y Gen. No. 69-140. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation § 28, 29. License: construction of provision of aviation liability policy which requires pilot of insured aircraft to have appropriate license or certification, 72 A.L.R.3d 525. 2A C.J.S. Aeronautics and Aerospace §§ 191 to 222.
NM Stat § 64-1-9 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-9 - Penalties.

A person who violates any provision of this act [64-1-1 to 64-1-10 NMSA 1978] shall be guilty of a misdemeanor and punishable by a fine of not more than one hundred dollars [($100)], or by imprisonment for not more than ninety days, or both; provided, however, that acts or omissions made unlawful by this article [64-1-1 to 64-1-10 NMSA 1978] shall not be deemed to include any act or omission which violates the laws or lawful regulations of the United States; but it shall not be necessary to allege or prove, as part of the case for the state, that the defendant is not amenable, on account of the alleged violation, to prosecution under the laws of the United States. That he is amenable to such prosecution shall be matter of defense, unless it affirmatively appear from the evidence adduced by the state. History: Laws 1929, ch. 71, § 10; C.S. 1929, § 12-110; 1941 Comp., § 47-109; 1953 Comp., § 44-1-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation §§ 211 to 214, 217 to 223. 2A C.J.S. Aeronautics and Aerospace §§ 282 to 288.
NM Stat § 64-1-10 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-10 - Fees; disposition.

The corporation commission [public regulation commission] shall charge and collect the following miscellaneous fees in connection with the administration of this act [64-1-1 to 64-1-10 NMSA 1978]: for filing aircraft common carrier application for authority to transport persons or property for hire $10.00; for filing application for transfer of authority to operate aircraft $10.00; for furnishing copy of any record or order, 15 cents [($.15)] per one hundred words, or fraction thereof; for furnishing any other certificates not specifically provided for $2.00. All fees collected under the terms of this act by the corporation commission [public regulation commission] shall be remitted to the state treasurer and by him credited to the general fund. History: Laws 1929, ch. 71, § 11 as added by Laws 1941, ch. 115, § 1; 1941 Comp., § 47-110; 1953 Comp., § 44-1-10; Laws 1957, ch. 15, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2A C.J.S. Aeronautics and Aerospace §§ 188, 189.
NM Stat § 64-1-11 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-11 - Aviation Act; short title.

Sections 64-1-11 through 64-1-17 NMSA 1978 may be cited as the "Aviation Act." History: 1953 Comp., § 44-1-10.1, enacted by Laws 1963, ch. 314, § 1; 1977, ch. 250, § 12.
NM Stat § 64-1-12 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-12 - Definitions.

As used in the Aviation Act: A. "aircraft" means airplane and helicopter; B. "pilot" means any person participating in the operation of an aircraft while it is in flight; C. "passenger" means any person riding in an aircraft except a pilot; D. "department" means the state highway and transportation department; E. "division" means the aviation division of the department; F. "director" means the executive head of the division; and G. "secretary" means the executive head of the department. History: 1953 Comp., § 44-1-10.2, enacted by Laws 1963, ch. 314, § 2; 1977, ch. 250, § 13; 1987, ch. 268, § 7. ANNOTATIONSThe 1987 amendment, effective July 1, 1987, in Subsection D inserted "state highway and" preceding "transportation" and, in Subsection G, deleted "of transportation" following "secretary." Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation § 2. 2A C.J.S. Aeronautics and Aerospace §§ 2 to 6.
NM Stat § 64-1-13.1 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-13.1 - Air service assistance program created.

An air service assistance program is created to provide assistance to airlines in the establishment of regional air service for small communities to and from hub airports in the southwest United States. The division shall administer the air service assistance program and shall establish regulations for eligibility for assistance, including the maximum amount a recipient may receive. History: Laws 1999, ch. 184, § 1. ANNOTATIONSEmergency clauses. — Laws 1999, ch. 184, § 3 contained an emergency clause and was approved April 6, 1999.
NM Stat § 64-1-14 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-14 - Director; powers and duties.

The director shall: A. be the executive officer of the division; B. with the consent of the secretary, employ necessary personnel; and C. administer the aviation laws of this state, except those relating to common carriers, and enforce the policies, rules and regulations of the division. History: 1953 Comp., § 44-1-10.6, enacted by Laws 1963, ch. 314, § 6; 1977, ch. 250, § 17; 1987, ch. 268, § 9. ANNOTATIONSThe 1987 amendment, effective July 1, 1987, deleted "of transportation" following "secretary." Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation § 27. 2A C.J.S. Aeronautics and Aerospace § 20.
NM Stat § 64-1-15 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-15 - State aviation fund.

A. There is created in the state treasury the "state aviation fund". All income to the state aviation fund is appropriated to the division. Earnings from investment of the fund shall be credited to the fund. B. The amounts distributed to the state aviation fund pursuant to Subsection C of Section 7-1-6.7 NMSA 1978 shall be used for the air service assistance program, including planning, program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities. All other amounts distributed to the state aviation fund, including collections by the division for aircraft registration pursuant to the Aircraft Registration Act [64-4-1 to 64-4-15 NMSA 1978], payments to the division pursuant to Sections 64-1-13 and 64-1-19 NMSA 1978 and reimbursements to the division from federal aviation administration funds or from any other source shall be used for planning and program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities. All expenditures shall be made in accordance with budgets approved by the department. Balances in the state aviation fund shall not be transferred and shall not revert to any other fund. History: 1953 Comp., § 44-1-10.7, enacted by Laws 1963, ch. 314, § 7; 1977, ch. 250, § 18; 1983, ch. 211, § 39; 1989, ch. 158, § 1; 2001, ch. 198, § 2; 2007, ch. 297, § 2; 2007, ch. 298, § 2; 2013, ch. 19, § 2. ANNOTATIONSCross references. — For the Gasoline Tax Act, see 7-13-1 NMSA 1978 et seq. The 2013 amendment, effective July 1, 2013, authorized the use of state aviation funds for airports, navigation aids and related facilities; and in Subsection B, in the first sentence, after "air service assistance program", added "including planning, program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities". The 2007 amendment, effective July 1, 2007, provided that earnings from investment of the fund shall be credited to the fund; that amounts distributed to the fund shall used for planning and administration, construction and equipment and maintenance of a system of airports and related facilities; and that balances in the fund shall not be transferred or revert to any other fund. Laws 2007, ch. 297, § 2 and Laws 2007, ch. 298, § 2 enacted identical amendments to this section. The 2001 amendment, effective April 3, 2001, added the fifth sentence. The 1989 amendment, effective June 16, 1989, substituted "planning, construction and maintenance of a system of airports, navigation aids and related facilities serving New Mexico" for "airport construction and maintenance based on need" in the next-to-last sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation § 48. 2A C.J.S. Aeronautics and Aerospace § 189.
NM Stat § 64-1-16 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-16 - Landing fees.

An airport facility that receives funds under the Aviation Act may charge landing fees for aircraft used in commercial activities for compensation or for general aviation aircraft that weigh more than twelve thousand five hundred pounds; provided that any landing fees shall be assessed and used in compliance with federal law. History: 1953 Comp., § 44-1-10.8, enacted by Laws 1963, ch. 314, § 8; 1979, ch. 336, § 1; 2003, ch. 43, § 1; 2019, ch. 250, § 1. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, authorized the imposition of landing fees for aircraft used in commercial activities for compensation or for general aviation aircraft over a certain weight; after "the Aviation Act", deleted "shall not" and added "may", after "landing fees for aircraft", deleted "except for aircraft", and after "compensation", added "or for general aviation aircraft that weigh more than twelve thousand five hundred pounds; provided that any landing fees shall be assessed and used in compliance with federal law".The 2003 amendment, effective July 1, 2003, substituted "An airport facility that" for "No airport facility which" at the beginning, inserted "not" following "Aviation Act shall", and substituted "commercial activities for compensation" for "scheduled air service or commercial aircraft in excess of 18,000 pounds maximum gross weight" at the end. Restriction imposed by section presupposes existing airport facility rather than one which is only in the feasibility or planning stage. 1971 Op. Att'y Gen. No. 71-115. Use of funds for feasibility study. — This section would not prohibit landing fees for aircraft at a facility proposed to be built in the future, after a planning and feasibility study financed in part with a grant from the aviation department (now the aviation division of the department of transportation ), where no part of the grant was used for the construction, development or operation of the facility. 1971 Op. Att'y Gen. No. 71-115. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2A C.J.S. Aeronautics and Aerospace §§ 188, 189.
NM Stat § 64-1-17 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-17 - Airport facilities on private land.

No money shall be expended under the Aviation Act for construction, development or maintenance of an airport facility located on private land, unless the landowner files a written agreement with the director permitting public use of the facility without limit as to time. History: 1953 Comp., § 44-1-10.9, enacted by Laws 1963, ch. 314, § 9; 1977, ch. 250, § 19. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 2A C.J.S. Aeronautics and Aerospace § 57.
NM Stat § 64-1-18 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-18 - Transfer of powers.

All of the powers granted by law to the state corporation commission [public regulation commission] with regard to regulation and control of aircraft other than aircraft engaged as common carriers, are transferred to the division. History: Laws 1939, ch. 199, § 5; 1941 Comp., § 47-115; 1953 Comp., § 44-1-15; Laws 1963, ch. 314, § 10; 1977, ch. 250, § 20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission. Title of enactment. — Since there was nothing in the title of Laws 1939, ch. 199, to intimate in the least that the corporation commission (now public regulation commission) was to be stripped of its power over all aircraft, Laws 1939, ch. 199, § 5, which originally enacted this section, transferring such authority to the former New Mexico aeronautic commission, violated and was in contravention of N.M. Const., art. IV, § 16. 1939 Op. Att'y Gen. No. 39-3258.
NM Stat § 64-1-19 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-19 - Aviation division; additional powers and duties.

The division may: A. contract with any agency of the federal government to perform specified aviation services; B. accept federal grants for the administration and performance of such aviation services; C. employ necessary personnel and pay other administrative costs from federal grant funds in accordance with a budget approved by the department of finance and administration without regard to other restrictions or limitations imposed on the division's budget. History: 1953 Comp., § 44-1-15.1, enacted by Laws 1975, ch. 197, § 2; 1977, ch. 250, § 21. ANNOTATIONSCross references. — For other powers and duties of the division, see 64-1-13 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation § 27. 2A C.J.S. Aeronautics and Aerospace § 20.
NM Stat § 64-1-20 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-20 - [Guests in aircraft; right of action for damages for injury, death or loss.]

No person riding in an aircraft as a guest, without payment for the ride or transportation, nor his personal representative in the event of the death of such guest, shall have a cause of action against any pilot or crewman of such aircraft or its owner or his employee or agent for injury, death or loss which occurs as a result of an accident unless such accident shall have been intentional on the part of said owner or operator or caused by his heedlessness or his reckless disregard of the rights of others. History: 1953 Comp., § 44-1-16, enacted by Laws 1963, ch. 196, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For note, "McGeehan v. Bunch - Invalidating Statutory Tort Immunity Through a New Approach to Equal Protection Analysis," see 7 N.M.L. Rev. 251 (1977). Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation §§ 123 to 126. Duty and liability to guest or passenger as to preflight inspection and maintenance of aircraft, 30 A.L.R.2d 1172. Liability for injury to guest in aeroplane, 40 A.L.R.3d 1117. Guest statute: choice-of-law considerations in application of aviation guest statutes, 62 A.L.R.3d 1076. Guests: constitutionality of automobile and aviation guest statutes, 66 A.L.R.3d 532. 2A C.J.S. Aeronautics and Aerospace §§ 250 to 281.
NM Stat § 64-1-21 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-21 - Definition.

In this act [64-1-21 to 64-1-23 NMSA 1978], "aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, including a parachute or other contrivance designed for such navigation. History: 1953 Comp., § 44-1-17, enacted by Laws 1965, ch. 34, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation § 2. 2A C.J.S. Aeronautics and Aerospace § 3.
NM Stat § 64-1-22 (2021)
2021 New Mexico Statutes|Chapter 64 - Aeronautics|Article 1 - Aviation Generally|Section 64-1-22 - Unlawful interference with the flight of aircraft.

Any person discharging a firearm or setting in flight any missile, projectile or object intended to strike or collide with any flying aircraft shall be guilty of unlawful interference with the flight of an aircraft. History: 1953 Comp., § 44-1-18, enacted by Laws 1965, ch. 34, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation §§ 54 to 56, 59. 2A C.J.S. Aeronautics and Aerospace §§ 285, 286.