reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 115 - ARKANSAS DEPARTMENT OF AERONAUTICS (§§ 27-115-101 — 27-115-110) › Section 27-115-105 - Appointment of director

(a)
The Director of the Division of Aeronautics shall be appointed by the Secretary of the Department of Commerce with the approval of the Governor and shall serve at the pleasure of the Governor.
(b)
The director shall report to the secretary.
Amended by Act 2019, No. 910,§ 638, eff. 7/1/2019.
Acts 1983, No. 691, § 13; A.S.A. 1947, § 74-102a.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 115 - ARKANSAS DEPARTMENT OF AERONAUTICS (§§ 27-115-101 — 27-115-110) › Section 27-115-106 - Administration - Promulgation of rules

The Division of Aeronautics shall administer the provisions of this chapter and §
27-116-101
et seq. and is authorized and directed to promulgate rules, in consultation with the Secretary of the Department of Commerce, as necessary to execute the powers invested in the division by this chapter and §
27-116-101
et seq. and other applicable laws.
Amended by Act 2019, No. 315,§ 3192, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 639, eff. 7/1/2019.
Acts 1941, No. 457, § 3; A.S.A. 1947, § 74-103.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 115 - ARKANSAS DEPARTMENT OF AERONAUTICS (§§ 27-115-101 — 27-115-110) › Section 27-115-107 - Powers generally

(a)
The Division of Aeronautics shall have the right to:
(1)
Receive grants and donations, appropriations, and other funds or materials on behalf of the state, county, municipality, or other eligible applicants for utilization in the development of aeronautics, provided that the division shall not have the right to use the funds received for a particular purpose for any other purpose without the consent of the person or agency providing the particular funds; and
(2)
Plan and lay out a state system of landing fields, airports, and airways and to inspect them and to close any landing field or airport found to be unsafe.
(b)
The division is authorized:
(1)
To accept as a loan or a gift any aircraft made available for its use by the United States Government or any agency thereof; and
(2)
To match any funds made available by the United States Government, any agency thereof, or any person or corporation with any moneys available to the division for the purpose of acquiring any aircraft which it may deem necessary to the proper performance of its duties as provided by law.
Amended by Act 2019, No. 910,§ 640, eff. 7/1/2019.
Acts 1941, No. 457, §§ 21, 23; 1961, No. 155, § 2; 1985, No. 257, § 3; A.S.A. 1947, §§ 74-121, 74-123.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 115 - ARKANSAS DEPARTMENT OF AERONAUTICS (§§ 27-115-101 — 27-115-110) › Section 27-115-109 - Location and construction of landing fields

(a)
The Division of Aeronautics shall assist in the location of landing fields and the promotion and development of aeronautics throughout the state.
(b)
The division may use for the construction and development of these fields and for the grading and construction of highways leading thereto, any equipment of the Arkansas Department of Transportation which is not at that time required for other construction purposes.
Amended by Act 2019, No. 910,§ 642, eff. 7/1/2019.
Amended by Act 2017, No. 786,§ 2, eff. 8/1/2017.
Amended by Act 2017, No. 707,§ 434, eff. 8/1/2017.
Acts 1941, No. 457, § 22; A.S.A. 1947, § 74-122.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 115 - ARKANSAS DEPARTMENT OF AERONAUTICS (§§ 27-115-101 — 27-115-110) › Section 27-115-110 - Disposition of funds

(a)
All revenues derived from the levying of the Arkansas Gross Receipts Tax, as amended, §
26-52-101
et seq., upon aircraft and aviation fuel, aviation services, aircraft parts and accessories, and other gross receipts taxes remitted by aircraft dealers, airports, and flying fields shall be reported to the Secretary of the Department of Finance and Administration in a manner and on forms as he or she shall direct.
(b)
The Division of Aeronautics is authorized to accept donations and grants of all property, whether real or personal.
(c)
Tax proceeds and grants and donations of money shall be special revenues and shall be deposited into the State Treasury to the credit of the Division of Aeronautics Fund to be used for constructing and improving airports, civil airways, and other air navigation facilities and for preserving the history of aviation in the state.
(d)
The division shall administer the funds so deposited and shall use the funds for the sole purpose of building airports, civil airways, and other air navigation facilities in this state in those cities or towns as the division, in coordination with the Arkansas Economic Development Council, shall determine would attract the greatest volume of industry to this state.
(e)
The funds may also be used for the purpose of:
(1)
Matching funds with any federal funds made available for the purpose of this section;
(2)
(A)
Establishing or supporting aviation museums to preserve the history of aviation in the state.
(B)
Assistance for the establishment or support of aviation museums shall not exceed a total of twenty thousand dollars ($20,000); or
(3)
Distributing grants to qualifying applicants as determined by the Director of the Division of Aeronautics and the Aeronautics Commission for any purpose related to:
(A)
The development of aeronautics;
(B)
The promotion of aeronautics; or
(C)
Aviation education.
(f)
(1)
All revenues derived from the levying of the compensating use tax under the Arkansas Compensating Tax Act of 1949, §
26-53-101
et seq., upon aircraft and aviation fuel, aviation services, and aircraft parts and accessories remitted by aircraft dealers, airports, and flying fields shall be reported to the Director of the Division of Aeronautics in a manner and on forms as he or she shall direct.
(2)
All state use tax derived shall be special revenues and shall be deposited into the State Treasury to the credit of the fund to be used for the purposes set forth in this subsection.
Amended by Act 2019, No. 152,§ 2, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 643, eff. 7/1/2019.
Acts 1967, No. 449, §§ 1, 2; 1977, No. 733, § 1; 1983, No. 474, §§ 1, 2; A.S.A. 1947, §§ 74-214, 74-215; Acts 1997, No. 540, §§ 62, 93; 1997, No. 924, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-116-101 — 27-116-102) › Section 27-116-101 - Unlawful acts

It shall be unlawful for any person to:
(1)
Operate or navigate aircraft while under the influence of intoxicating liquor or narcotic drug or habit-producing drug, or permit any person who may be under the influence of intoxicating liquor or narcotic or habit-producing drug to operate or navigate any aircraft owned by him or her or in his or her custody or control;
(2)
Operate or navigate aircraft while in possession of any federal license or to display or cause or permit to be displayed the license, knowing it to have been cancelled, revoked, suspended, or altered;
(3)
Lend to or knowingly permit the use of by one not entitled to a license any federal airman's and aircraft license issued to the person lending or permitting the use thereof;
(4)
Display or represent as one's own any federal airman's or aircraft license not issued to the person displaying it;
(5)
Tamper with, make use of or navigate any aircraft without the knowledge or consent of the owner or custodian thereof; or
(6)
Use a false or fictitious name or give a false or fictitious address in any application or form required under the provisions of §
27-115-101
et seq. and this chapter, or the rules of the Division of Aeronautics adopted pursuant to §
27-115-101
et seq. and this chapter, knowingly make any false statement or report, knowingly conceal a material fact, or otherwise commit a fraud in any application.
Amended by Act 2019, No. 315,§ 3199, eff. 7/24/2019.
Acts 1941, No. 457, § 16; A.S.A. 1947, § 74-116.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-116-101 — 27-116-102) › Section 27-116-102 - Ownership and use of airspace - Emergency landings

(a)
The ownership of the space over and above the lands and waters of this state is declared to be vested in the owner of the surface beneath, but this ownership extends only so far as is necessary to the enjoyment of the use of the surface without interference and is subject to the right of passage or flight of aircraft.
(b)
Flight through the space over and above land or water at a sufficient height and without interference to the enjoyment and use of the land or water beneath is not an actionable wrong unless the flight results in actual damage to the land or water or property thereon or therein or use of the land or water beneath.
(c)
Flight in aircraft over the lands and waters of this state is lawful, unless at an altitude low enough to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless so conducted as to be dangerous or damaging to persons or property lawfully on the land or water beneath.
(d)
The landing of an aircraft on the lands or waters of another without his or her consent is unlawful, except in the case of a forced or emergency landing.
Acts 1941, No. 457, §§ 8, 9; A.S.A. 1947, §§ 74-108, 74-109.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 2 - REGISTRATION AND LICENSING (§§ 27-116-201 — 27-116-205) › Section 27-116-201 - Persons engaged in aeronautics

The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress that any person engaging within this state in navigating or operating aircraft in any form of navigation or while in charge of the inspecting, overhauling, or repairing of aircraft or the repairing, packing, and maintenance of parachutes shall have the qualifications necessary for obtaining and holding a license issued by the Federal Aviation Administration, it shall be unlawful for any person to operate or navigate or inspect, overhaul, or repair any aircraft, or repair, pack, and maintain parachutes in this state unless the person is the holder of an appropriate and effective license or permit issued by the United States Government.
Acts 1941, No. 457, § 5; A.S.A. 1947, § 74-105.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 2 - REGISTRATION AND LICENSING (§§ 27-116-201 — 27-116-205) › Section 27-116-202 - Aircraft

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 civil aircraft subject to its jurisdiction, it shall be unlawful for any person or resident to operate or navigate any aircraft within this state unless the aircraft has an appropriate effective license issued by the United States Government and is registered by the United States Government.
Acts 1941, No. 457, § 4; A.S.A. 1947, § 74-104.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 2 - REGISTRATION AND LICENSING (§§ 27-116-201 — 27-116-205) › Section 27-116-203 - Nonresidents

(a)
The provisions of this subchapter and §
27-116-101
et seq. and §
27-116-301
et seq., insofar as they relate to registration and license, shall not apply to aircraft owned and operated within this state by nonresidents of this state for a period not to exceed thirty (30) days in the calendar year, provided that the owner or pilot can show satisfactory proof he or she has complied with the laws relating to registration and license of airmen and aircraft in the state, territory, district, or country of which he or she is a resident.
(b)
A nonresident owner or airman cannot engage within this state in the carrying of passengers, merchandise, or property for hire or reward by means of civil aircraft or in any commercial aircraft flying for hire or reward, unless he or she has complied with the provisions of this subchapter and §
27-116-101
et seq. and §
27-116-301
et seq. governing registration and license as if he or she were a resident of this state.
Acts 1941, No. 457, § 7; A.S.A. 1947, § 74-107.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 2 - REGISTRATION AND LICENSING (§§ 27-116-201 — 27-116-205) › Section 27-116-204 - Airports, etc. - Procedure for denial or revocation

(a)
The licenses of airports, landing fields, air navigation facilities, and other licenses or certificates that the Division of Aeronautics may issue under authority of this subchapter and §
27-116-101
et seq. and §
27-116-301
et seq. shall be denied or revoked only after the applicant or licensee shall have been accorded a hearing thereon.
(b)
Within ten (10) days after notice that application for registration and license has been denied or the license or certificate revoked, the applicant or holder may file a written request with the division for a public hearing thereon.
(c)
The Director of the Division of Aeronautics upon receipt of the request shall:
(1)
Arrange for a public hearing to be held within twenty (20) days after receipt in such place as the director deems most practicable and convenient; and
(2)
Give the applicant or holder at least ten (10) days' notice of the hearing unless an earlier hearing is consented to by the applicant or holder. Notice may be served personally or sent to the applicant or holder by registered mail.
Acts 1941, No. 457, § 15; 1985, No. 257, § 2; A.S.A. 1947, § 74-115.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 2 - REGISTRATION AND LICENSING (§§ 27-116-201 — 27-116-205) › Section 27-116-205 - Display of licenses

The certificate of the license required for the person operating aircraft and the certificate of the license required for aircraft and other licenses or certificates that may be issued by the Division of Aeronautics shall be kept in such places and exhibited to such persons at such time and under such rules and circumstances as shall be required by the rules of the division.
Amended by Act 2019, No. 315,§ 3200, eff. 7/24/2019.
Acts 1941, No. 457, § 6; A.S.A. 1947, § 74-106.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 3 - LAWS GOVERNING OPERATIONS (§§ 27-116-301 — 27-116-304) › Section 27-116-301 - Crimes, torts, etc., committed in flight

(a)
All crimes, torts, and other wrongs committed by or against a pilot or passengers while in flight over or above the lands and waters of this state shall be governed by the laws of this state.
(b)
Whether damage occasioned by or to an aircraft while over this state constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the laws of this state.
Acts 1941, No. 457, § 11; A.S.A. 1947, § 74-111.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 3 - LAWS GOVERNING OPERATIONS (§§ 27-116-301 — 27-116-304) › Section 27-116-302 - Contracts made in flight

All contractual and other relations entered into by pilots or passengers while in flight over or above the lands or waters of this state shall be governed by the laws applicable to similar relations entered into on the lands of this state.
Acts 1941, No. 457, § 12; A.S.A. 1947, § 74-112.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 3 - LAWS GOVERNING OPERATIONS (§§ 27-116-301 — 27-116-304) › Section 27-116-303 - Liability for injury to persons or property

(a)
The owner and the pilot, or either of them, of every aircraft which is operated over the lands or waters of this state shall be liable for injuries or damage to persons or property on or above the land or water beneath caused by the ascent, descent, or flight of aircraft, or the dropping or falling of any object therefrom, in accordance with the rules of law applicable to torts on land in this state.
(b)
The liability of the owner or pilot of an aircraft carrying passengers for injury or death to his or her passengers shall be determined by the rules of law applicable to torts on the lands or waters of this state arising out of similar relationships.
(c)
(1)
As used in subsection (a) of this section, "owner" shall include a person having full title to aircraft and operating it through servants and shall also include a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire; but "owner", as used in subsection (a) of this section, shall not include a bona fide bailor or lessor of such aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft, or other persons having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession of the aircraft as a result of theft or felonious conversion.
(2)
The person in whose name an aircraft is registered with the Federal Aviation Administration shall be prima facie the owner of the aircraft within the meaning of subsection (a) of this section.
Acts 1941, No. 457, §§ 10, 13; A.S.A. 1947, §§ 74-110, 74-113.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 3 - LAWS GOVERNING OPERATIONS (§§ 27-116-301 — 27-116-304) › Section 27-116-304 - Liability for damages caused by aircraft collisions

The liability of the owner of one (1) aircraft to the owner of another aircraft or to pilots or passengers on either aircraft for damage caused by collision on land or in the air shall be determined by the rules of law applicable to torts on the lands or waters of this state.
Acts 1941, No. 457, § 14; A.S.A. 1947, § 74-114.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 4 - DOWNED AIRCRAFT DEVICES (§§ 27-116-401 — 27-116-405) › Section 27-116-401 - Administration

The provisions of this subchapter shall be administered by the Division of Aeronautics.
Acts 1971, No. 52, § 2; A.S.A. 1947, § 74-126; Acts 2011, No. 780, § 13.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 4 - DOWNED AIRCRAFT DEVICES (§§ 27-116-401 — 27-116-405) › Section 27-116-402 - Penalty

Any person violating the provisions of this subchapter shall be guilty of a misdemeanor.
Acts 1971, No. 52, § 9; A.S.A. 1947, § 74-133.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 4 - DOWNED AIRCRAFT DEVICES (§§ 27-116-401 — 27-116-405) › Section 27-116-403 - Devices required - Exceptions

(a)
(1)
The General Assembly finds and declares that it is in the interest of public safety to facilitate by the most expeditious means available the search for and location of aircraft which have crashed or been forced to land in remote or inaccessible areas.
(2)
It is therefore the policy of this state that all civil aircraft, except aircraft used for agricultural spraying or crop dusting, experimental aircraft operating for testing purposes, aircraft of primarily antique or historical value or interest, gliders, and lighter-than-air craft located for tax purposes within the territorial limits of this state, shall be equipped with an approved device capable of indicating by radio transmissions the position of the aircraft when grounded because of mechanical or other failure at a place other than at an airport.
(b)
The Division of Aeronautics shall establish minimum standards for downed aircraft radio transmitting devices. The standards shall require that the devices be used on all aircraft, except as provided otherwise in this subchapter.
(c)
(1)
Upon petition by the owner of any aircraft, the division may exempt the aircraft from the requirements of a downed aircraft rescue transmitter upon a showing to the satisfaction of the division that the device would not sufficiently increase the safety of operations in the particular case.
(2)
The provisions of this subchapter shall not apply to air carrier aircraft operating pursuant to both a federal certificate of public convenience and necessity and a federal air carrier operating certificate.
Acts 1971, No. 52, §§ 1, 5, 6, 8; A.S.A. 1947, §§ 74-125, 74-129, 74-130, 74-132.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 4 - DOWNED AIRCRAFT DEVICES (§§ 27-116-401 — 27-116-405) › Section 27-116-404 - Inspection

(a)
The Division of Aeronautics shall examine or cause to be examined downed aircraft transmitting devices submitted to it for approval by the manufacturer or distributor and shall approve for use those units found to be effective and reliable within the limits and standards established by the division.
(b)
Manufacturers or distributors making application for approval shall as prescribed by the division furnish information, supply units for testing, and submit fees as determined by the division sufficient to defray the cost of testing.
(c)
The downed aircraft transmitting devices approved by the division must be of sufficient durability to withstand the impact of a crash and automatically activate to transmit an effective signal on a preset emergency distress radio frequency to enable the location of the aircraft to be fixed.
Acts 1971, No. 52, §§ 3, 4; A.S.A. 1947, §§ 74-127, 74-128.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 4 - DOWNED AIRCRAFT DEVICES (§§ 27-116-401 — 27-116-405) › Section 27-116-405 - Presale requirements

(a)
No person shall sell or offer for sale any downed aircraft transmitting device which does not satisfy all of the following requirements:
(1)
The device shall meet the minimum standards for transmitting devices established pursuant to this subchapter and the rules promulgated by the Division of Aeronautics hereunder;
(2)
The device shall be approved by the division as provided by this subchapter; and
(3)
The device shall have legibly inscribed thereon or permanently affixed thereto by the manufacturer the following statement: "This downed aircraft transmitter has been approved by, and meets the minimum standards for such devices established by, the State of Arkansas."
(b)
No downed aircraft transmitting device which fails to exhibit the inscription required in subdivision (a)(3) of this section shall meet the requirements of this subchapter.
Amended by Act 2019, No. 315,§ 3201, eff. 7/24/2019.
Acts 1971, No. 52, § 7; A.S.A. 1947, § 74-131.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 5 - OPERATION OF A PROHIBITED AIRCRAFT (§§ 27-116-501 — 27-116-502) › Section 27-116-501 - Definitions

As used in this subchapter:
(1)
(A)
"Aircraft" means a contrivance invented, used, or designed for the navigation of or flight in the air and which is required to be registered under the laws of the United States, including without limitation an unmanned aircraft and unmanned aircraft system under 49 U.S.C. Chapter 448, as it existed on January 1, 2023.
(B)
"Aircraft" does not include experimental aircraft; and
(2)
"Federal aviation regulations" means regulations adopted by the Federal Aviation Administration regarding identification and registration markings, procedures for products and parts, maintenance, preventive maintenance, rebuilding and alteration regulations, and general operating and flight rules, 14 C.F.R. Parts 21, 43, 45, 47, and 91, as those regulations existed on January 1, 2023.
Amended by Act 2023, No. 828,§ 1, eff. 8/1/2023.
Acts 1989, No. 516, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 116 - REGULATION OF AIRCRAFT (§§ 27-116-101 — 27-116-502) › Subchapter 5 - OPERATION OF A PROHIBITED AIRCRAFT (§§ 27-116-501 — 27-116-502) › Section 27-116-502 - Acts constituting offense - Inspection

(a)
A person commits the offense of operation of a prohibited aircraft if the person knowingly:
(1)
Operates an aircraft that does not have aircraft identification numbers that comply with identification and registration marking regulations adopted by the Federal Aviation Administration, 14 C.F.R. Part 45 ;
(2)
Operates or navigates an aircraft that is not properly registered under Federal Aviation Administration aircraft registration regulations, 45 C.F.R. Part 47 ; or
(3)
Operates an aircraft equipped with a fuel tank, bladder, drum, or other container for fuel that does not conform to federal aviation regulations or that has not been approved by the Federal Aviation Administration by inspection or special permit under regulations adopted by the Federal Aviation Administration, 14 C.F.R. Parts 21, 43, or 91.
(b)
Operation of a prohibited aircraft is a Class C felony.
(c)
(1)
The failure to properly display on an aircraft identification numbers in compliance with federal aviation regulations shall be probable cause for a law enforcement officer to inspect the aircraft to determine the identity of the owner.
(2)
A law enforcement officer may inspect an aircraft under this section if the aircraft is located:
(A)
On public property; or
(B)
On private property, if the officer has the consent of the property owner.
Acts 1989, No. 516, § 2.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 117 - APPROACH ZONES (§§ 27-117-101 — 27-117-105) › Section 27-117-101 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft and available to and utilized by the general public for private or commercial landing and taking off of aircraft; and
(2)
"Approach zone" means any area of land or water, according to the current airport approach and turning space standards promulgated by the Federal Aviation Administration which is required for the flight of aircraft in landing or taking off at any airport.
Acts 1949, No. 285, § 1; A.S.A. 1947, § 74-309.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 117 - APPROACH ZONES (§§ 27-117-101 — 27-117-105) › Section 27-117-102 - Penalty

Any person, company, firm, or corporation violating the terms of this chapter or failing or refusing to remove any lines now established within the approach zone of any airport shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).
Acts 1949, No. 285, § 4; A.S.A. 1947, § 74-312.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 117 - APPROACH ZONES (§§ 27-117-101 — 27-117-105) › Section 27-117-103 - Wires prohibited

No wires of any kind or description, including, but not limited to, those over which electricity or messages are transmitted shall be constructed, operated, or maintained within the approach zone of any airport in this state.
Acts 1949, No. 285, § 2; A.S.A. 1947, § 74-310.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 117 - APPROACH ZONES (§§ 27-117-101 — 27-117-105) › Section 27-117-104 - Removal of wires

(a)
Every person, company, firm, or corporation which now owns, operates, manages, or controls any wire of any kind or description, including, but not limited to, those over which electricity or messages are transmitted located within the approach zone of any airport in this state shall remove the wires from the approach zone of the airport. Removal shall not be required until the owner or operator of the airport affected requests the removal in writing specifying the wires to be removed and the owner or operator has either paid to the person required by this chapter to remove the wires or has executed a good and sufficient bond with corporate surety thereon as security for the payment in a sum of money sufficient to pay all the actual cost of removing the wires, together with the poles, crossarms, and other equipment connected thereto, and the actual cost of:
(1)
Constructing underground conduits and the construction of wires and equipment in the conduits; or
(2)
Rerouting such wires, together with the poles, crossarms, and other equipment connected thereto together with the cost, if any, of new rights-of-way made necessary by the rerouting.
(b)
In the event that the parties are unable to agree upon the amount of such costs, the Arkansas Public Service Commission shall determine the amount of the costs. Appeal from determination by the commission shall be had in the manner provided by law.
Acts 1949, No. 285, § 3; A.S.A. 1947, § 74-311.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 117 - APPROACH ZONES (§§ 27-117-101 — 27-117-105) › Section 27-117-105 - Minimum distance between towers and runways - Penalty for noncompliance - Exemptions - Definition

(a)
For purposes of this section, an "aeronautical facility" means any public airport or military airport which has a hard surface runway.
(b)
No structure in excess of one hundred feet (100') in height may be constructed within twenty-five hundred feet (2,500') from either side of a runway centerline running the full length of that runway, including the runway protection zone and runway safety area, extending outward from the approach end of any runway for seven (7) nautical miles, and rising upward from that runway end surface at a slope of sixty-five feet (65') horizontally to one foot (1') vertically for the seven (7) nautical miles of any aeronautical facility used by the public unless a permit for such construction has been issued by the governing body responsible for operations at the aeronautical facility.
(c)
The governing body of an aeronautical facility may levy a fine not to exceed one thousand dollars ($1,000) per day against the owner of any structure constructed in violation of this section. The fine may be levied for each day until the structure is removed.
(d)
This section does not apply to any structure existing on March 26, 1999, nor to any structure which has construction in progress on March 26, 1999.
Acts 1999, No. 1278, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-101 - Title

This act may be cited as the "Probate Code".
Acts 1949, No. 140, § 1; A.S.A. 1947, § 62-2001.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-103 - Effect of code

(a)
Effective Date.
The Probate Code shall take effect on July 1, 1949, except that, when its application, or parts thereof, would not be feasible or would work injustice in particular proceedings then pending, the former procedure shall apply.
(b)
Rights Not Affected.
Acts done and rights accrued prior to July 1, 1949, shall not be affected or impaired by its provisions. When a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provision of any statute in force before the Probate Code takes effect, the provision shall remain in force and be deemed a part of the Probate Code with respect to such a right.
Acts 1949, No. 140, § 2; A.S.A. 1947, § 62-2002.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-104 - Probate proceedings

The circuit court shall have jurisdiction over:
(1)
The administration, settlement, and distribution of estates of decedents;
(2)
The probate of wills;
(3)
The persons and estates of minors;
(4)
Persons of unsound mind and their estates;
(5)
The determination of heirship or of adoption;
(6)
The restoration of lost wills and the construction of wills when incident to the administration of an estate; and
(7)
All such other matters as are provided by law.
Acts 1949, No. 140, §§ 4, 5; A.S.A. 1947, §§ 62-2004, 62-2005; Acts 2003, No. 1185, § 268.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-106 - Referees and probate clerks

(a)
Circuit courts shall have the authority to appoint referees in probate in the respective counties in the manner and with the powers and duties as provided by Supreme Court rule.
(b)
(1)
In the absence of the circuit judge or a referee within a county, the probate clerk of the circuit court may appoint administrators, executors, guardians, and curators and shall approve the bond of the appointees.
(2)
However, the appointment of administrators, executors, guardians, and curators and the approval of their bond shall be subject to review by the court.
(c)
(1)
The probate clerk of the circuit court shall be the custodian of all probate records and documents and shall have the power either in person or by deputy to:
(A)
Take acknowledgments;
(B)
Administer oaths;
(C)
Issue notices and process;
(D)
Certify copies of instruments, documents, and records of the court; and
(E)
Perform the usual functions of his or her office and other functions as may be authorized by law.
(2)
All original papers, when filed, shall be retained in the custody of the clerk except when otherwise ordered by a court of competent jurisdiction.
(d)
The probate clerk of the circuit court shall be the custodian of all adoption records and documents.
Acts 1949, No. 140, §§ 6, 8; 1953, No. 165, § 1; A.S.A. 1947, §§ 62-2006, 62-2008; Acts 1993, No. 758, § 1; 2003, No. 1185, § 270.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-108 - Records

The following records of the court shall be maintained:
(1)
An index in which files pertaining to estates of deceased persons shall be indexed under the name of the decedent, and those pertaining to guardianships under the name of the ward. The file and docket number shall be shown after the name of each file;
(2)
A docket in which shall be listed in chronological order under the name of the decedent or ward all documents filed or issued and all orders made pertaining to the estate, including:
(A)
The dates thereof;
(B)
The names and addresses of fiduciaries and of attorneys for parties in interest when and as known to the clerk;
(C)
Reference to the volume and page of any record which shall have been made of the document or order; and
(D)
Other data as the court may direct;
(3)
A record of wills, properly indexed, in which shall be recorded all wills admitted to probate with the certificate of probate thereof;
(4)
Other records as may be required by law or the court.
Acts 1949, No. 140, § 9; 1983, No. 250, § 1; A.S.A. 1947, § 62-2009.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-109 - Petition - Verification

(a)
Unless otherwise provided, every application to the court shall be by petition signed and verified by or on behalf of the petitioner.
(b)
This requirement shall be mandatory but not jurisdictional, and noncompliance therewith shall not alone be grounds for appeal.
Acts 1949, No. 140, § 10; A.S.A. 1947, § 62-2010.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-110 - Filing objections to petition

(a)
On or before the day set for hearing, an interested person may file written objections to a petition previously filed.
(b)
Upon special order or general rule of the court, objections to a petition must be filed in writing as a prerequisite to being heard by the court.
Acts 1949, No. 140, § 11; A.S.A. 1947, § 62-2011.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-111 - Guardians and attorneys ad litem

(a)
Circuit courts shall have the power and duty to appoint a guardian ad litem to a proceeding to represent an incompetent party who is not represented by a guardian or next friend and, for the protection of the interests of a nonresident party who is not represented before the court and has not been personally served with notice, to appoint an attorney ad litem to give notice to the nonresident of the pendency and nature of the proceeding as is provided by law with respect to proceedings in courts of equity.
(b)
The appointment of a guardian ad litem or attorney ad litem may be made by the clerk of the court at any time after the initiation of a proceeding by the filing of a petition, subject to the approval of the court.
Acts 1949, No. 140, § 4; A.S.A. 1947, § 62-2004.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-113 - Waiver of notice

(a)
A person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice.
(b)
A waiver in writing, executed in person or by attorney, in behalf of a person who is interested in a hearing in a probate proceeding, shall be effective if made by:
(1)
A legally competent person in his or her own behalf;
(2)
The guardian of the estate of an incompetent person in behalf of his or her ward, unless the interests of the ward and the guardian in the hearing are adverse;
(3)
An incompetent person in his or her own behalf if the interests of the guardian and the ward in the hearing are adverse, or if there is no guardian;
(4)
Either parent in behalf of a minor child, if the child is under fourteen (14) years of age and in the actual custody of the parent, or the minor child in his or her own behalf if the minor child has attained fourteen (14) years of age;
(5)
A guardian ad litem in behalf of an incompetent person;
(6)
A trustee in behalf of a beneficiary of his or her trust; or
(7)
A consul or other representative of a foreign government whose appearance has been entered as provided by law in behalf of a person residing in a foreign country.
(c)
A waiver, executed by a competent person in his or her own behalf or by his or her attorney, by its terms, may include one (1) or more hearings in a particular probate proceeding.
Acts 1949, No. 140, § 13; 1951, No. 255, § 3; 1975, No. 620, § 8; A.S.A. 1947, § 62-2013.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-115 - Vacation and modification of orders

(a)
For good cause and at any time within the period allowed for appeal after the final termination of the administration of the estate of a decedent or ward, the court may vacate or modify an order or grant a rehearing. However, no such power shall exist as to any order from which an appeal has been taken or to set aside the probate of a will after the time allowed for contest thereof.
(b)
No vacation or modification under this section shall affect any act previously done or any right previously acquired in reliance on such an order or judgment.
Acts 1949, No. 140, § 15; A.S.A. 1947, § 62-2015.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-117 - Use of certified mail permitted

Anything permitted or required by the Probate Code to be served or transmitted by registered mail may be served or transmitted either by registered mail or by certified mail, and return receipts for the delivery of certified mail shall be received in the courts as prima facie evidence of the delivery to the same extent as return receipts for the delivery of registered mail.
Acts 1957, No. 29, § 1; A.S.A. 1947, § 62-2017.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-118 - Deceased viable fetus

(a)
For purposes of the Probate Code, a "deceased viable fetus" is considered a person and decedent so that the probate division of circuit court may have jurisdiction for the administration, settlement, and distribution of the deceased fetus's estate.
(b)
No person shall be liable under subsection (a) of this section when the death of the fetus results from a legal abortion or from the fault of the pregnant woman carrying the fetus.
Acts 2001, No. 1775, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-119) › Section 28-1-119 - Access to decedent's autopsy records

(a)
As used in this section, "healthcare provider" means a person, corporation, facility, or institution licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.
(b)
A healthcare provider who, in good faith, releases copies of a decedent's autopsy records upon the authorization of any of the individuals listed under §
28-1-102(19)(B)
shall not be held liable under any criminal law or held civilly liable to the deceased patient's estate or to any other person.
Acts 2011, No. 722, § 2.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 2 - DISCLAIMER OF PROPERTY (§§ 28-2-101 — 28-2-221) › Subchapter 2 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (1999) › Section 28-2-201 - Short title

This subchapter may be cited as the "Uniform Disclaimer of Property Interests Act (1999)."
Acts 2003, No. 610, § 1; 2009, No. 346, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 2 - DISCLAIMER OF PROPERTY (§§ 28-2-101 — 28-2-221) › Subchapter 2 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (1999) › Section 28-2-202 - Definitions

In this subchapter:
(1)
"Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
(2)
"Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.
(3)
"Disclaimer" means the refusal to accept an interest in or power over property.
(4)
"Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
(5)
"Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
(6)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(7)
"State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a State.
(8)
"Trust" means:
(A)
an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and
(B)
a trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.
Acts 2003, No. 610, § 2.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-2-221) › Chapter 2 - DISCLAIMER OF PROPERTY (§§ 28-2-101 — 28-2-221) › Subchapter 2 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (1999) › Section 28-2-203 - Scope

This subchapter applies to disclaimers of any interest in or power over property, whenever created.
Acts 2003, No. 610, § 3.