reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 40g - Protection of Airport Approaches; Removal of Structures and Trees; Compensation

Section 40G. (1) In any case in which, in the opinion of the city council of a city, or the selectmen of a town, in which the real estate hereinafter referred to is located, or owning the airport in question, the public interest requires the establishment of protection to the approaches of a publicly owned airport by the acquisition of certain real estate or rights in real estate in the vicinity of such airport rather than by airport approach regulations, such city or town may take by eminent domain under chapter seventy-nine or chapter eighty A, or acquire by purchase or otherwise, such air rights, easements or other estate or interest in such real estate as will provide adequate protection. A city or town which has acquired real estate or rights therein as aforesaid may from time to time in like manner take or otherwise acquire additional real estate or rights therein, or may discontinue in whole or in part rights already so acquired.
(2) Whenever airport approach regulations have been adopted or amended and the public safety and convenience require the removal or lowering of a structure or tree not conforming to such regulations, as adopted or amended, or require other interference with the continuance of any such non-conforming structure or tree, the city or town owning the airport to which such regulations relate may take by eminent domain under chapter seventy-nine or chapter eighty A, or acquire by purchase or otherwise, the land upon which such structure or tree stands, or such an air right, easement or other estate or interest therein, as may be necessary to effectuate any purpose of sections forty A to forty I, inclusive.
(3) If the adoption of airport approach regulations under section forty A in itself constitutes the taking of the property, or of rights in property, of any person, he may recover under said chapter seventy-nine compensation for such taking from the city or town in which the airport to which such regulations relate is situated, by petition filed in the superior court within two years from the time when such regulations were recorded as provided in said section forty A. If the owner of property so taken has applied for a variance under section forty D within one year after such regulations were so recorded and his application is in whole or in part denied, he may file his petition for damages within one year after the mailing to him of a notice of the denial of his application or within two years after the recording of the regulations, whichever period ends later. If the adoption and recording of airport approach regulations under section forty A is held to constitute a taking of property or of rights in property, such taking and the adoption of such regulations shall not be deemed to be invalid because the requirements of chapter seventy-nine with respect to the taking of property, notice thereof and the award of damages were not complied with.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 40h - Appeal by Aggrieved Corporations

Section 40H. If any corporation subject to regulation by the department of public utilities or the department of telecommunications and cable is aggrieved by the adoption of airport approach regulations under section forty A, or by a direction to lower, remove, reconstruct or equip a structure under section forty F, or by the taking of its property or rights in property under section forty G, or by refusal to grant a variance permit as provided in section forty D, such corporation, within thirty days after such adoption, direction, taking or refusal, may appeal to said department, and if, after notice and a hearing, said department determines that the public safety, necessity and convenience will be best served by the amendment or annulment of such regulation, direction or taking, it may order such regulation, direction or taking to be amended or annulled, or may grant a variance permit as prescribed in section forty D.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 40i - Approval of Regulations by Commission

Section 40I. Airport approach regulations adopted under section forty A, and orders for the taking of property under section forty G, shall be submitted as soon as may be after adoption to the commission for its approval. The commission shall, within thirty days after such submission, approve or disapprove the same; and no such regulation or order shall have force or effect until approved by the commission or until thirty days shall have elapsed without action thereon. Subsequent steps required by law shall be taken after such approval or expiration of thirty days without action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 41 - Investigations or Hearings; Accidents

Section 41. The commission, or the director if so designated by it, may hold investigations or hearings relative to matters covered by any provision of sections thirty-five to fifty-two, inclusive, or of any order, rule or regulation of the commission, and shall hold investigations relative to any accident involving personal injury occurring in connection with aeronautics within the commonwealth.
The commission shall report to the civil aeronautics board aeronautical accidents within the commonwealth, and so far as possible shall preserve, protect and prevent the removal of the component parts of any aircraft involved in any such accident being investigated by it.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 42 - Equitable Jurisdiction of Superior Court

Section 42. The superior court shall have jurisdiction in equity to enforce any lawful rule, regulation or order made by the commission or any of its members or by a city or town under any provision of sections thirty-five to fifty-two, inclusive, and may compel the attendance of and the giving of testimony by witnesses before the commission or any member thereof, in the same manner and to the same extent as before said court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 43 - Public Inspection of Copies of Orders, Rules and Regulations

Section 43. The commission shall keep on file for public inspection at the office of the state secretary, and also at its principal office, a copy of all its orders and general and special rules and regulations, as amended from time to time.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 44 - Penalties

Section 44. Any person failing to comply with any requirement, or violating any provision, of sections thirty-five to fifty-two, inclusive, or the rules and regulations for the enforcement of said sections made by the commission, or airport approach regulations made by a city or town under section forty A, and in full force and effect, shall be punished by a fine of not less than ten nor more than five hundred dollars, or by imprisonment for not less than one month nor more than six months, or both. Whoever operates an aircraft while under the influence of intoxicating liquor shall be punished by imprisonment for not less than one month nor more than two years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 45 - Appeals

Section 45. Any person aggrieved by any rule or approach or other regulation made under sections thirty-five to fifty-two, inclusive, or by any ruling, decision or order under any provision of said sections or of any such rule or regulation may, within thirty days after the effective date of such rule or regulation or within thirty days after such ruling, decision or order, appeal to the superior court sitting in equity for the purpose of having the lawfulness thereof inquired into and determined. Upon such appeals, said court may make such orders and decrees as justice and equity may require and parties to such appeals shall have all rights of appeal and exception as in other equity cases.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 46 - Altitude of Aircraft Flights

Section 46. Flight of aircraft over the lands and waters of this commonwealth, within the navigable air space as defined in section thirty-five, shall be lawful unless at such a low altitude as to interfere with the then existing use to which the land or water or space over the land or water is put by the owner or occupant, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 47 - Federal Pilot's License, Permit or Certificate

Section 47. The public safety requiring, and the advantages of uniform regulation making it desirable in the interest of aeronautical progress, that a person engaging within this commonwealth in navigating or operating aircraft in any form of navigation should have the qualifications necessary for obtaining and holding a pilot's license, permit or certificate, issued by the Civil Aeronautics Authority of the United States or other proper licensing authority, no person shall operate or navigate any aircraft in this commonwealth unless such person is the holder of an appropriate effective pilot's license, permit or certificate, issued by said authority; provided, that this restriction shall not apply to persons operating military aircraft of the United States or possessions thereof, public aircraft of any state or territory, or any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft, nor to glider pilots licensed by the commission in accordance with such regulations as it may prescribe, nor to persons operating model aircraft, nor to any person piloting an aircraft which is equipped with fully functioning dual controls when a certificated instructor is in full charge of one set of said controls and such flight is solely for instruction or for the demonstration of said aircraft to a bona fide prospective purchaser thereof, nor to qualified airmen operating an aircraft on the ground at an airport, except on a landing area.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 48 - Aircraft License, Permit or Certificate

Section 48. The public safety requiring, and the advantages of uniform regulation making it desirable in the interest of aeronautical progress, that aircraft operated within this commonwealth should conform with respect to design, construction and air-worthiness to the standards prescribed by the United States government with respect to navigation of civil aircraft subject to its jurisdiction, no aircraft shall be operated or navigated within the commonwealth unless such aircraft has an appropriate effective license, permit or certificate, issued by the Civil Aeronautics Authority of the United States or other proper licensing authority and is registered by said authority; provided, that this restriction shall not apply to military aircraft of the United States or possessions thereof, public aircraft of any state or territory, aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft, nor to model aircraft operated in accordance with such regulations as the commission may prescribe, nor to gliders licensed by the commission in accordance with such regulations as it may prescribe; and provided, further, that the commission may waive the provisions of this section for the purpose of inspection or test flights of a non-passenger carrying aircraft.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49a - Retention of Court Records of Cases Involving Violations of Secs. 35 to 52; Abstracts

Section 49A. A full record shall be kept by every court of every case in which a person is charged with a violation of any provision of sections thirty-five to fifty-two, inclusive, of this chapter, or of the rules and regulations for the enforcement of said sections made by the commission, or of airport approach regulations made by a city or town under section forty A, and an abstract of such record shall be sent forthwith by the court to the commission. Said abstracts shall be made upon forms prepared by the commission, and shall include all necessary information as to the parties to the case, the nature of the offence, the date of the hearing, the plea, the judgment and the result; and every such abstract shall be certified by the clerk of the court as a true abstract of the record of the court. The commission shall keep such records in its office, and they shall be open to the inspection of any person during reasonable business hours.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49b - Definitions Applicable to Secs. 49b to 49r

Section 49B. The following words, as used in sections forty-nine B to forty-nine R, inclusive, shall, unless the context requires otherwise, have the following meanings:—
(a) ''Judgment'', any judgment which has become final upon a claim for damages suffered by a claimant arising out of the ownership, operation, maintenance or use of any aircraft, including damages for care and loss of services, because of bodily injury to or death of any person or injury to or destruction of property, including the loss of use thereof, or upon an agreement of settlement for such damages.
(b) ''Non-resident's operating privilege'', the privilege conferred upon a non-resident by the commonwealth pertaining to the operation by him of an aircraft, or the use of an aircraft owned by him therein.
(c) ''Operator'', any person who is exercising actual physical control of an aircraft.
(d) ''Owner'', any of the following persons who may be legally responsible for the operation of an aircraft:—
(1) A person who holds the legal title to an aircraft.
(2) A lessee of an aircraft.
(3) A conditional vendee, a trustee under a trust receipt and a mortgagor or other person holding an aircraft subject to a security interest.
(e) ''Passenger'', any person in, on or boarding an aircraft for the purpose of riding therein, or alighting therefrom following a flight or attempted flight therein.
(f) ''Registration'', a certificate of registration of aircraft engaged in air navigation or of operators thereof, issued by the commission.
(g) ''Notice'', notice in writing served upon a person by either:—
(1) Actual delivery or offer of delivery to such person by any disinterested person; or
(2) Registered mail addressed to the person at the last address known to the commission.
(h) ''State'', any state, the District of Columbia, any territory or possession of the United States and the Commonwealth of Puerto Rico.
(i) ''Claimant'', any person having a claim for damages as the result of an accident within the commonwealth involving an aircraft.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49c - Administration and Enforcement of Secs. 49b to 49r; Hearings; Judicial Review

Section 49C. (a) The commission shall administer and enforce the provisions of sections forty-nine B to forty-nine R, inclusive, and may make rules and regulations necessary for the administration thereof, which shall become effective ten days after the filing of the same with the state secretary.
(b) The commission shall provide for hearings upon request of any person who may be affected by its orders or acts under the provisions of said sections, and shall provide for a stay thereof until a hearing may be had.
(c) Any person aggrieved by any order or act of the commission, or by a failure of the commission to act hereunder, may have judicial review thereof as provided in the General Laws for judicial review of the orders or acts of administrative agencies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49e - Policy or Bond of Insurer or Surety Company

Section 49E. (a) A policy or bond provided under section forty-nine D shall be issued by an insurer or surety company authorized to do business in the commonwealth, or issued by an insurer or surety company not authorized to do business in the commonwealth, but found by the commission to afford adequate protection, and which has filed or shall file with the commission a power of attorney authorizing the commission to accept service on its behalf of notice or process in any action upon the policy or bond arising out of such accident; and shall
(1) If the accident results in bodily injury to or death of a person not a passenger, provide coverage of not less than five thousand dollars because of bodily injury to or death of one person in any accident, and ten thousand dollars because of bodily injury to or death of two or more persons in any one accident;
(2) If the accident involves an aircraft being operated for hire and the accident results in bodily injury to or death of a passenger, provide coverage of not less than ten thousand dollars because of bodily injury to or death of one person in any one accident and not less than ten thousand dollars multiplied by the number of passenger-seats in the aircraft because of bodily injury to or death of two or more persons in any one accident;
(3) If the accident involves an aircraft not being operated for hire and the accident results in bodily injury to or death of a passenger, provide coverage of not less than five thousand dollars because of bodily injury to or death of one person in any one accident, and not less than five thousand dollars multiplied by the number of passenger-seats in the aircraft because of bodily injury to or death of two or more persons in any one accident; and
(4) If the accident results in damage to or destruction of property, provide coverage of not less than five thousand dollars because of damage to or destruction of property in any one accident, with the exception of the following property which is exempted from the security required under section forty-nine D:—property owned, rented, occupied or used by, or in the care, custody or control of the owner or operator or carried in or on the aircraft.
(b) The policy or bond need not cover any liability on account of bodily injury to or death of any employee of the owner or operator while the employee is engaged in the duties of his employment; or any obligation for which the owner or operator or his insurer may be held liable under a workers' compensation law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49f - Restoration or Renewal of Registration or Non-Resident's Operating Privilege

Section 49F. A registration or a non-resident's operating privilege suspended under section forty-nine D shall not be restored or renewed with respect to the aircraft involved in or the owner or operator liable for the accident until:—
(a) Security is deposited as required under section forty-nine D; or
(b) One year shall have elapsed following the date of such suspension and satisfactory evidence is filed with the commission that during such period no action for damages arising out of the accident has been instituted; or
(c) Satisfactory evidence is filed with the commission of a release from liability, or a judgment of non-liability as to all persons damaged or injured in the accident, or a written agreement, in accordance with paragraph (8) of sub-section (c) of section forty-nine D. If there is a default in payment under such written agreement, then upon ten days' notice of the owner or operator, the commission shall suspend the registration or non-resident's operating privilege of such person defaulting, and the same shall not be restored unless and until (1) such person deposits and thereafter maintains security as required under section forty-nine D in such amount as the commission may then determine, within the limits provided in section forty-nine E, or (2) one year has elapsed following the time when such security was required and during such period no action upon the agreement has been instituted in a court of the commonwealth; or
(d) Satisfactory evidence is filed with the commission that any judgment against such person for damages resulting from the accident has been satisfied in full or that there has been paid thereon an amount equal to the applicable limits set forth in section forty-nine E; or
(e) Written consent thereto has been filed with the commission by all claimants and the same is approved by the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49g - Certificate of Self-Insurance

Section 49G. (a) Any person may at any time apply to the commission for a certificate of self-insurance, whether or not there has occurred an accident as a result of which he might be affected by some other provision of sections forty-nine B to forty-nine R, inclusive.
(b) The commission may issue a certificate of self-insurance when satisfied that the applicant is possessed and will continue to be possessed of ability to pay judgments against him within the limits provided in sections forty-nine B to forty-nine R, inclusive.
(c) Upon not less than ten days' notice of a self-insurer the commission may for reasonable cause cancel a certificate of self-insurance, and shall cancel such certificate upon failure to pay any judgment within thirty days.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49h - Certificate of Registration or Non-Resident's Operating Privilege; Allowance; Suspension; Notice

Section 49H. (a) In case the operator or owner of an aircraft involved in an accident within the commonwealth has no certificate of registration, or is a non-resident, he shall not be allowed a certificate of registration or a non-resident's operating privilege, until he has complied with the requirements of sections forty-nine B to forty-nine R, inclusive.
(b) When a non-resident's operating privilege is suspended pursuant to section forty-nine D or section forty-nine F, the commission shall transmit a certified copy of the record of such action to the official or department regulating the operation of aircraft in the state in which the non-resident resides, if the law of the other state provides for action in relation thereto, similar to that provided for in subsection (c).
(c) Upon receipt of notice that the operating privilege of a resident of the commonwealth has been suspended or revoked in any other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of an aircraft accident, under circumstances which would require the commission to suspend a non-resident's operating privilege had the accident occurred in the commonwealth, the commission upon ten days' notice shall suspend his registration if he were the operator of an aircraft involved in the accident, or if he were the owner of an aircraft involved in the accident and was legally responsible for its operation. Such suspension shall continue until the resident furnishes evidence of his compliance with the security requirements of the law of the other state.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49i - Security; Form; Limits; Reduction or Increase

Section 49I. (a) The security required under section forty-nine D shall be cash or securities permissible under state law as security for deposit of state funds and in such amount as the commission may require but in no case in excess of the limits specified in section forty-nine E in reference to the limits of a policy or bond. If at the time of the accident there is in effect a liability policy or a bond meeting the requisites of section forty-nine E other than the amount of coverage set forth in said section, the commission may consider such policy or bond in fixing the amount of security. The person depositing security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while such deposit is in the custody of the state treasurer the person depositing it may, upon approval of the commission, amend in writing the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons; provided, however, that a single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident. Interest and other income upon securities deposited as herein provided shall be paid or inure to the benefit of the person making the deposit.
(b) Upon ten days' notice of the parties concerned, the commission may reduce, or, within the limits specified in section forty-nine E, increase the amount of security ordered in any case if in its discretion the amount ordered is excessive or insufficient. In case the security originally ordered has been deposited, the excess shall be returned to the depositor notwithstanding the provisions of section forty-nine J. Substitution of security shall be permitted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49j - Delivery and Release of Security

Section 49J. Security deposited in compliance with the requirements of section forty-nine I shall be delivered to the custody of the state treasurer and shall be released only:—
(a) Upon certificate of the commission in the payment of a judgment rendered against the person or persons on whose behalf the deposit was made, for damages arising out of the accident in a civil action, begun not later than one year after the date of the accident or within one year after the date of deposit of any security under subsection (c) of section forty-nine F or in the payment of a settlement, agreed to by the depositor and all the claimants, of a claim or claims arising out of the accident.
(b) Upon certificate of the commission issued after ten days' notice to all claimants upon evidence satisfactory to the commission that all claims arising from such accident have been satisfied by either (1) a release from liability, or (2) a judgment of non-liability, or (3) a written agreement in accordance with paragraph (8) of subsection (c) of section forty-nine D or whenever, after the expiration of one year from the time of the accident or from the date of deposit of any security under subsection (c) of section forty-nine F, the commission is given satisfactory evidence that there is no such action pending and that no judgment rendered in any such action is unpaid.
(c) Upon the certificate of the commission that other security complying with subsection (a) of section forty-nine I and satisfactory in form, character and amount, has been deposited with it in lieu of the original security deposited.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49l - Transfer of Aircraft Registration Following Suspension of Owner's Registration

Section 49L. No transfer of registration of aircraft of which the owner's registration has been suspended shall be deemed valid or accepted by the commission, unless the transferor or transferee demonstrates to the satisfaction of the commission that the transfer of registration is the result of a bona fide transaction of purchase and sale, and not for the purpose, or with the effect, of defeating the purposes of sections forty-nine B to forty-nine R, inclusive. Nothing in this section shall affect the rights of any lessor or conditional vendor, chattel mortgagee, or other person holding a security interest in any aircraft registered in the name of another as owner who becomes subject to the provisions of said sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49m - Return of Suspended Registration Certificate

Section 49M. Any person whose registration is suspended shall immediately return his registration certificate to the commission. If any person fails or refuses to return such certificate to the commission it shall petition the superior court for the county of Suffolk, sitting in equity, which court may, after hearing, order such person to return such certificate to the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49n - Illegal Operation of Aircraft; Failure to Return Suspended Registration Certificate

Section 49N. (a) Any owner or operator whose registration or non-resident's operating privilege has been suspended or revoked and who, during such suspension or revocation, operates any aircraft in the commonwealth or knowingly permits any aircraft owned by him to be operated by another in the commonwealth, except as permitted under sections forty-nine B to forty-nine R, inclusive, shall be punished by a fine of not less than ten dollars nor more than five hundred dollars.
(b) Any owner or operator wilfully failing to return his registrations as required in section forty-nine M shall be punished by a fine of not less than ten dollars nor more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49o - Application of Secs. 49b to 49r to Certain Aircraft

Section 49O. Sections forty-nine B to forty-nine R, inclusive, shall not apply to (a) any aircraft owned and operated by or leased to and subject to the sole control of the United States or any civil or military agency of the United States or of the District of Columbia, the Commonwealth of Puerto Rico or any territory or possession of the United States; (b) any aircraft owned and operated by or leased to and subject to the sole control of any state or agency thereof or any political subdivision or municipality of any state; (c) any aircraft owned and operated by or leased to and subject to the sole control of any foreign country or any civil or military agency thereof or any political subdivision or municipality thereof; or (d) any aircraft owned or being operated by a public air carrier engaged principally in regularly scheduled inter-state or foreign air transportation for hire under either a federal certificate of public convenience and necessity or under a letter of registration or exemption order issued by the civil aeronautics board or its successor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49p - Availability of Other Legal Processes; Enforcement

Section 49P. Nothing in sections forty-nine B to forty-nine R, inclusive, shall be construed as precluding any party in any action or proceeding from employing other processes provided by law. The commission may proceed at law or in equity in the enforcement of said sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49q - Service of Process; Proof of Service

Section 49Q. (a) Service of process as provided for in section fifty shall be made by serving the original thereof and a copy of the declaration upon the chairman of the commission or by filing the same in his office, together with a fee of two dollars and by the mailing of a copy of such process and of the declaration by the plaintiff or his attorney to the defendant, and to each of the defendants if more than one, at his last known address, within ten days thereafter by registered mail. In lieu of such mailing to such defendant in another state, plaintiff may cause a copy of the declaration and process to be served personally in such other state upon such defendant by any disinterested person, by actually delivering the same to such defendant or by offering to make such delivery in case the defendant refuses to accept delivery.
(b) Proof of the service of such process upon the chairman of the commission or the filing thereof in his office, and proof of the mailing or personal delivery thereof to the defendant shall be made by the affidavit of the person doing the acts, which shall be filed in the office of the clerk of the court in which the suit is filed. Process shall be deemed to be completed upon the filing of such affidavit and of the original registry receipt if service is obtained by mail.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49s - Severability; Constitutionality

Section 49S. The provisions of sections forty-nine B to forty-nine R, inclusive, are hereby declared to be severable and if any such provision or the application of any such provision to any person or circumstance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to affect the validity or constitutionality of the remaining provisions of said sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 49t - Interpretation and Construction of Uniform Aircraft Financial Responsibility Act

Section 49T. Sections forty-nine B to forty-nine R, inclusive, may be cited as the Uniform Aircraft Financial Responsibility Act, and shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states enacting like laws.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 50 - Appointment of Administrator for Aeronautics as Attorney for Service of Process

Section 50. The operation within this commonwealth by any person, by himself or his agent, of any aircraft, whether registered or unregistered, and whether with or without a license, permit or certificate to operate, shall be deemed equivalent to an appointment by such person of the administrator for aeronautics, or his successor in office, to be his true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against him growing out of any accident or collision in which he may be involved while operating aircraft within the commonwealth, and such operation shall be a signification of agreement by such person that any lawful process against him which is served upon said administrator for aeronautics, or his successor in office, as such attorney shall be of the same legal force and validity as if served on him personally, and that said chairman of the commission, and his successor in office, shall continue to be his said attorney so long as any liability on account of such an accident or collision remains outstanding against him. Sections three A to three E, inclusive, shall apply to such service.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 51d - Municipal Airports and Air Navigation Facilities

Section 51D. Upon appropriation and subject to all applicable provisions of law, airports and air navigation facilities may be established from time to time and may be maintained and operated by any city or town as provided in sections thirty-five to fifty-two, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 51e - Airport Commissions for Municipal Airports; Members; Vacancies; Airport Managers

Section 51E. In any city or town in which an airport is established under section fifty-one D, or under any other provision of law, there shall be established a board consisting of an odd number of members not less than three nor more than eleven in number, to be called the airport commission, which shall have the custody, care and management of the municipal airport of said city or town. Of the members appointed at least one shall be a person having experience in aeronautics. An airport commission may be established as herein provided in any city or town for the purpose of establishing an airport therein. Except as provided otherwise in any special law, enacted prior to January first, nineteen hundred and forty-seven, relating to an airport commission in any city or town, the members of the airport commission shall be appointed, in cities, by the mayor with the approval of the city council, and in towns by the selectmen. In the initial appointment of the members of such an airport commission, their terms shall be so arranged that one third of the members, as nearly as possible, will expire each year; and thereafter when the term of any member expires his successor shall be appointed to serve for the term of three years and, in each instance, until the qualification of his successor. Vacancies in the commission shall be filled for the unexpired term by the appointing authority. The members of said airport commission shall annually choose one of their members as chairman. The airport commission may appoint an airport manager who shall be qualified by general management experience and aeronautical knowledge and shall be the executive officer of said commission, and may also appoint an assistant airport manager who shall be qualified as aforesaid. Neither the airport manager nor the assistant airport manager shall be subject to chapter thirty-one. The assistant airport manager shall act in place of the airport manager at such times and under such conditions as the airport commission may direct. The airport manager, and the assistant airport manager when acting in place of the airport manager under the direction of the airport commission, shall be responsible to said commission for the proper maintenance and operation of such airport and of all facilities under his supervision. Subject to appropriation, said commission shall appoint such other officers and employees as its work may require and shall fix the salaries of all officers and employees appointed or employed by it.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 51f - Leasing of Land at Airports

Section 51F. Any airport commission may let or lease, for a period not exceeding twenty years, those land areas at any airport under its control which are used for airport purposes, under such terms and conditions as it may prescribe, for hangars, shops, storage, industrial purposes, offices and other space rental, and for concessions, and may lease any other areas at such an airport for any purpose. With the approval of the mayor and the city council in cities or the approval of a town meeting, as the case may be, said commission may so let or lease for a longer period; provided, that no such airport in the cities of New Bedford and Beverly shall be let or leased except with the approval of the mayor and the city council, or in the town of Southbridge by vote of the town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 51g - Acquisition of Property to Establish Airport; Eminent Domain; Purchase; Lease

Section 51G. For the purpose of establishing an airport, the airport commission of a city or town, whenever appropriations have been made therefor, may take property by eminent domain under chapter seventy-nine or chapter eighty A of the General Laws, or may acquire property by purchase, lease or otherwise, both within and without its territorial limits for airport purposes and may so take or acquire such easements in airport hazards outside the boundaries of an airport or airport site as may be necessary for the removal or the prevention of the establishment of any airport hazard. For the purpose of making surveys or examinations relative to any proposed taking by eminent domain, such airport commission or its authorized agent may make a reasonable entry upon land.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 51h - Charges or Rentals for Use of Properties, Facilities, Installations; Terms and Conditions of Contracts

Section 51H. An airport commission shall determine the charges or rentals for the use of any properties, facilities, installations, landing fees, concessions, uses and services and shall determine the terms and conditions under which contracts may be executed by the commission on behalf of such city or the town. Such charges or rentals shall be reasonable and shall be established with due regard to the property used and the expenses to the airport commission of the operation thereof. In all such contracts as may be executed for the foregoing privileges or licenses or any of them the public shall not be deprived of its rightful, legal and uniform use of such properties, facilities and installations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 51i - Power of Commission; Expenditure of Funds; Contracts for Maintenance, Operation, Construction and Enlargement of Airports

Section 51I. The airport commission of any city or town shall be authorized to expend any funds granted to, or received from any source or appropriated by, such city or town for airport purposes and may make contracts for the maintenance, operation, construction, enlargement and improvement of the airport and for the purchase of materials, supplies and equipment pursuant to the laws of the commonwealth governing the making of like contracts; provided, that where such maintenance, operation, construction, enlargement and improvement of the airport, and purchase of materials, supplies and equipment, is financed wholly or partly with federal moneys, the airport commission may act in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other law of the commonwealth to the contrary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 51j - Rules and Regulations; Use of Airports; Safety of Public

Section 51J. An airport commission shall adopt rules and regulations for the use of municipal airports or for the safety of the public upon or beyond the limits of airports under its control, whether such airport facilities are within or without the territorial limits of the city or town. Such rules and regulations shall not be effective until approved by the Massachusetts aeronautics commission and published in the same manner that by-laws and ordinances are required to be published. Such rules and regulations shall conform to and be consistent with the laws of the commonwealth and the rules and regulations of the Massachusetts aeronautics commission, and shall not be inconsistent with or contrary to any act of the Congress of the United States relating to aeronautics or any regulations promulgated or standards established pursuant thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 51k - Federal Funds; Receipt by Aeronautics Commission; Bids; Contracts; Loans in Anticipation of Funds

Section 51K. Any airport commission established by law obtaining an offer for a grant of federal funds shall designate the Massachusetts aeronautics commission as its agent to receive federal moneys and receipt therefor in its behalf, and shall enter into an agreement with said last mentioned commission prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations and applicable laws of the commonwealth.
Every such airport commission may invite bids for any contract involving the acquisition, establishment, construction, enlargement, protection, equipment, maintenance or operation of an airport, the site for which has been approved as provided by section thirty-nine B, and shall submit every such proposed contract to said Massachusetts aeronautics commission for approval. After approval has been given, said airport commission may award such contracts; provided, that the liability incurred shall not exceed the funds available therefor, including the appropriation voted and the amount of any gift or bequest, together with the amount or amounts stated in any existing agreements for the allotment or grant of funds by the federal government or commonwealth, or both.
If a city or town shall have an agreement with the federal government or the commonwealth whereby such government or commonwealth grants such city or town a sum of money to be used, with funds provided by said city or town, for an airport, and shall be required primarily to pay that portion of the expense for which reimbursement is to be received from such grant, or grants, the treasurer of such city or town, with the approval of the mayor or selectmen, as the case may be, in anticipation of the proceeds of such grant, or grants, may incur debt, which shall be outside the debt limit, to an amount not exceeding the amount of the grant or grants, as shown by the grant agreement or agreements and may issue notes therefor payable in not more than two years from their dates. Any loan issued under this section for a shorter period than two years may be refunded by the issue of other notes maturing within the required period; provided, that the period from the date of issue of the original loan to the date of maturity of the refunding loan shall not be more than two years. The proceeds of the grant or grants, so far as necessary, shall be applied to the discharge of the loan.