reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIII - Chapter VIII Approach Protection for Airports, Landing Fields and Other Aeronautical Facilities. (259.151...259.156) › Section 259.153 - Order to Abate Hazard; Failure to Comply.

259.153 Order to abate hazard; failure to comply.
Sec. 153.
Upon receipt of an order to abate a hazard from the commission, the owner of any public-owned airport, landing field, or other aeronautical facility shall immediately institute proper proceedings under the applicable effective laws of this state or ordinances of the political subdivisions owning the facilities, to effectuate the order. Failure upon the part of any owner of a public-owned airport, landing field, or other aeronautical facility to abate the hazard as determined by the commission in its order, shall make the owner liable to either restrictive use of, or the entire closing of, the airport, landing field, or other aeronautical facility.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.153 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIII - Chapter VIII Approach Protection for Airports, Landing Fields and Other Aeronautical Facilities. (259.151...259.156) › Section 259.154 - Execution of Order to Abate Hazard; Privately Owned Airport; Failure to Comply.

259.154 Execution of order to abate hazard; privately owned airport; failure to comply.
Sec. 154.
Execution of order to abate hazard; failure to comply; private owners of public airports. Where an airport is privately-owned but its facilities are open to the public, and the airport, landing field or other aeronautical facility is determined to be public in character and use, the order to abate hazards of the commission shall be served upon both the owner and the political subdivision having jurisdiction in the area upon which the airport, landing field or other aeronautical facility is established. Both the owner and such political subdivision shall immediately begin proceedings under the appropriate effective laws of this state or ordinances of the political subdivision to effectuate the abatement of the hazard. Failure to comply shall make the owner liable to either restrictive use of, or the entire closing of, such facility, in the interest of the safety, health and welfare of the public, and the safe use of aeronautical facilities in this state.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.154
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIII - Chapter VIII Approach Protection for Airports, Landing Fields and Other Aeronautical Facilities. (259.151...259.156) › Section 259.155 - Hazards Surrounding State-Owned Airport, Field, and Facility.

259.155 Hazards surrounding state-owned airport, field, and facility.
Sec. 155.
Whenever any obstructions of whatever nature shall be determined to be a hazard adjacent to or surrounding a state-owned airport, landing field, or other aeronautical facility, the commission shall notify the state administrative board of the hazard with an order for its abatement, and the state administrative board may institute proper proceedings in the name of and for the state of Michigan for the abatement of the hazard. Failure to effectively comply with an order shall subject the airport, landing field, or other aeronautical facility to either restrictive use of the airport, landing field, or other aeronautical facility, or its entire closing, in the interest of the safety, health, and welfare of the public, and the safe use of aeronautical facilities in this state.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.155 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-VIII - Chapter VIII Approach Protection for Airports, Landing Fields and Other Aeronautical Facilities. (259.151...259.156) › Section 259.156 - Encroachments Upon Approach Protection Areas Declared Public Nuisance.

259.156 Encroachments upon approach protection areas declared public nuisance.
Sec. 156.
Encroachments upon approach protection areas as public nuisances. It shall be unlawful for anyone to build, rebuild, create, or cause to be built, rebuilt, or created any object, or plant, cause to be planted or permit to grow higher any tree or trees or other vegetation, which shall encroach upon any approach protection area determined by the Michigan aeronautics commission in the state plan for approach protection areas. Any such encroachment is hereby declared to be a public nuisance and may be abated in the manner prescribed by law for the abatement of public nuisances.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.156
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.176 - Violation as State Civil Infraction; Fine.

259.176 Violation as state civil infraction; fine.
Sec. 176.
Except as otherwise provided in this act, a person who violates this act is responsible for a state civil infraction as provided for in chapter 88 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.8801 to 600.8835 of the Michigan Compiled Laws, and is subject to a civil fine of not more than $500.00.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.176 ;-- Am. 1976, Act 191, Imd. Eff. July 8, 1976 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
Former Law:
See section 6 of Act 182 of 1927, being CL 1929, § 4834; section 5 of Act 63 of 1931.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.176a - Suspension or Revocation of License, Certificate, or Letter of Authority; Grounds.

259.176a Suspension or revocation of license, certificate, or letter of authority; grounds.
Sec. 176a.
The commission or its authorized representative, after consideration of the issues of fact and after hearing held, may suspend or permanently revoke, or both, a license, certificate, or letter of authority of any person who does any of the following:
(a) Knowingly forges, counterfeits, alters, or falsely makes a certificate authorized to be issued under this act or the rules promulgated under this act, or uses or attempts to use any such certificate.
(b) Knowingly makes a false statement in an application for a license or registration or in a report required by the commission.
(c) Violates a condition or provision of a license or letter of authority issued by the commission.
(d) Fails to render reports requested by, and within the time limits prescribed by, the commission.
(e) Fails to maintain the minimum standards determined by the commission.
(f) Commits an act on the part of a flight school by a flight instructor or representative that is contrary to public safety or to the proper training of students enrolled in a flight school.
(g) Fails to comply, in whole or part, with any rule promulgated by the commission.
(h) Fails to abate a hazard certified by the commission.
History:
Add. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.177 - Jurisdiction of Crimes and Torts.

259.177 Jurisdiction of crimes and torts.
Sec. 177.
Jurisdiction of crimes and torts. All crimes, torts and other wrongs committed by or against an airman or passenger while in flight over this state shall be governed by the laws of this state; and the question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort crime or other wrong by or against the owner of such aircraft, shall be determined by the laws of this state.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.177
Former Law:
See section 7 of Act 224 of 1923, being CL 1929, § 4817.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.178 - Contracts Made During Flight; Effect.

259.178 Contracts made during flight; effect.
Sec. 178.
Contracts made during flight. All contractual and other legal relations entered into by airmen or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.178
Former Law:
See section 8 of Act 224 of 1923, being CL 1929, § 4818.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.179 - Unlawful Methods of Hunting; Violation as State Civil Infraction; Penalty.

259.179 Unlawful methods of hunting; violation as state civil infraction; penalty.
Sec. 179.
(1) A person shall not hunt, pursue, or kill any wild waterfowl or other birds or animals by any means whatever during the time the person is upon any kind of aircraft.
(2) A person who violates this section is subject to a state civil infraction as provided for in section 176, and is prohibited from obtaining or possessing a hunting license for a period of 1 year.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.179 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.180 - Reckless Operation of Aircraft as Misdemeanor; Penalty.

259.180 Reckless operation of aircraft as misdemeanor; penalty.
Sec. 180.
A person who operates any aircraft within the airspace over, above, and upon the lands and waters of the state, carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection and in a manner so as to endanger or be likely to endanger any person or property, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $500.00, or community service of not more than 30 days, or any combination of these penalties.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.180 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.180a - Liability for Injury Occasioned by Negligent Operation of Aircraft.

259.180a Liability for injury occasioned by negligent operation of aircraft.
Sec. 180a.
(1) Except as otherwise provided in subsection (2), the owner or operator or the person or organization responsible for the maintenance or use of an aircraft shall be liable for any injury occasioned by the negligent operation of the aircraft, whether the negligence consists of a violation of statute, or in the failure to observe ordinary care in the operation of the aircraft, as the rules of the common law require.
(2) The owner of an aircraft shall not be liable for an injury occasioned by the negligent operation of the aircraft, as described in subsection (1), unless the aircraft was being operated with the owner's express or implied consent or knowledge at the time the injury occurred.
(3) "Person or organization responsible for the maintenance or use of an aircraft" does not include a mechanic who is an independent contractor and who has performed work on or furnished materials, supplies, or equipment for an aircraft, or any employee of the mechanic.
History:
Add. 1958, Act 114, Eff. Sept. 13, 1958 ;-- Am. 1988, Act 427, Eff. Mar. 30, 1989
Constitutionality:
The aviation guest passenger exception is unconstitutional. Longnecker v Noordyk-Mooney, Inc, 394 Mich 696; 232 NW2d 654 (1975).
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.181 - Tampering With Markings of Airports, Landing Fields, and Aeronautical Facilities; Violation as Misdemeanor; Penalty.

259.181 Tampering with markings of airports, landing fields, and aeronautical facilities; violation as misdemeanor; penalty.
Sec. 181.
A person shall not tamper with, alter, destroy, remove, carry away, or cause to be carried away any objects used for the marking of licensed airports, landing fields, or other aeronautical facilities, or in any way change their position or location, except by the direction of the proper authorities charged with the maintenance and operation of the facilities. A person who violates this section or has illegally in his or her possession any objects or devices used for marking of airports, landing fields, or other aeronautical facilities is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $500.00, or community service of not more than 30 days, or any combination of these penalties.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.181 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.182 - Allowing Domestic Animals or Fowl on Airport Facility.

259.182 Allowing domestic animals or fowl on airport facility.
Sec. 182.
The owner or keeper of any domestic animal or fowl shall not allow the domestic animal or fowl to run at large and enter or be upon any airport, landing field, or other aeronautical facility.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.182 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.183 - Conduct Constituting Felony; Penalty.

259.183 Conduct constituting felony; penalty.
Sec. 183.
A person who willfully and without authority takes possession of or uses an aircraft, or unlawfully removes or takes any component parts of an aircraft, and a person who assists in, or is a party to taking illegal possession of or use of an aircraft or component parts belonging to another, and a person who willfully and unlawfully makes an aircraft unsafe, and a person who assists in, or is a party to making an aircraft unsafe, is guilty of a felony punishable by imprisonment for not more than 5 years, a fine of not more than $2,000.00, or community service of not more than 6 months, or any combination of these penalties.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.183 ;-- Am. 1976, Act 191, Imd. Eff. July 8, 1976 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.184 - Conduct Requiring Authorization by Airport Management; Violation as Misdemeanor; Penalty.

259.184 Conduct requiring authorization by airport management; violation as misdemeanor; penalty.
Sec. 184.
(1) A person shall not trespass upon the area within the boundary of an approved or licensed airport, landing field, or other aeronautical facility, or operate or cause to be operated a vehicle or device, or conduct an activity upon or across a licensed airport, landing field, or other aeronautical facility, unless that operation or activity is authorized by the airport management.
(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.184 ;-- Am. 1976, Act 191, Imd. Eff. July 8, 1976 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996 ;-- Am. 2006, Act 454, Eff. Mar. 30, 2007
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.186 - Prohibited Conduct by Owner of Aircraft or Person in Charge or in Control of Aircraft.

259.186 Prohibited conduct by owner of aircraft or person in charge or in control of aircraft.
Sec. 186.
The owner of an aircraft or the person in charge or in control of an aircraft shall not knowingly permit the aircraft to be operated over or upon the lands or waters of this state by a person who is under the influence of intoxicating liquor or a controlled substance, or any drug or combination of drugs that renders a person incapable of safely operating an aircraft or acting as a crew member of an aircraft, or a combination of intoxicating liquor and a controlled substance or any drug or combination of drugs that renders a person incapable of safely operating an aircraft or acting as a crew member of an aircraft, or who consumed an intoxicating liquor or a controlled substance, or any drug or combination of drugs that renders a person incapable of safely operating an aircraft or acting as a crew member of an aircraft, within 8 hours before operating the aircraft or acting or attempting to act as a crew member of an aircraft. A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, or a fine of not less than $100.00 or more than $500.00, or both, together with costs of the prosecution.
History:
Add. 1985, Act 81, Eff. Mar. 31, 1986 ;-- Am. 1995, Act 62, Eff. Oct. 1, 1995
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.188 - Chemical Test; Consent; Administration.

259.188 Chemical test; consent; administration.
Sec. 188.
(1) A person who operates or who is a crew member of an aircraft over or upon the lands or waters of this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or the presence of a controlled substance, or both, or the presence of any drug or combination of drugs that renders a person incapable of safely operating an aircraft or acting as a crew member of an aircraft, in his or her blood if he person is arrested for a violation of section 185 or a local ordinance substantially corresponding to section 185(1), (2), or (3).
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.
(3) The tests shall be administered as provided in section 187.
History:
Add. 1985, Act 81, Eff. Mar. 31, 1986 ;-- Am. 1995, Act 62, Eff. Oct. 1, 1995
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.189 - Chemical Test; Refusal; Report.

259.189 Chemical test; refusal; report.
Sec. 189.
If a person refuses the lawful request of a peace officer to submit to a chemical test offered pursuant to section 187, a test shall not be given without a court order. A written report shall be forwarded by the peace officer to the federal aviation commission's general aviation district office having jurisdiction over the county in which the person refused to submit to the test. The report shall state that the officer had reasonable grounds to believe that the person committed a crime described in section 188, and that the person refused to submit to the test upon the request of the peace officer and was advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the Michigan aeronautics commission.
History:
Add. 1985, Act 81, Eff. Mar. 31, 1986 ;-- Am. 1995, Act 62, Eff. Oct. 1, 1995
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.190 - Rules for Administration of Chemical Tests.

259.190 Rules for administration of chemical tests.
Sec. 190.
Within 180 days after the effective date of this section, the department of state police shall present for public hearing pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, uniform rules for the administration of chemical tests for the purposes of this act.
History:
Add. 1985, Act 81, Eff. Mar. 31, 1986
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-IX - Chapter IX Penal Provisions—jurisdiction of Crimes, Torts, Contracts. (259.176...259.191) › Section 259.191 - Report of Conviction.

259.191 Report of conviction.
Sec. 191.
If a person is convicted of a violation of section 185 or of a local ordinance substantially corresponding to section 185(1), (2), or (3), a report of the conviction shall be forwarded by the court in which the conviction occurred to the federal aviation commission's general aviation district office having jurisdiction over the county in which the violation occurred. The form of the report shall be prescribed and furnished by the Michigan aeronautics commission.
History:
Add. 1985, Act 81, Eff. Mar. 31, 1986
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-X - Chapter X Miscellaneous Provisions. (259.201...259.208) › Section 259.201 - Aeronautics Commission; Orders.

259.201 Aeronautics commission; orders.
Sec. 201.
If the commission rejects an application for permission to operate an aeronautical facility, flight school, or flying club, or if the commission rejects an application for permission to act as an airport manager, or if the commission issues an order requiring certain things to be done, the commission shall set forth its reasons and shall state the requirements to be met before approval is given or the order modified or changed. If the commission considers it necessary, the commission may order restrictions on the use of or on the closing of any aeronautical facility, flight school, or flying club, or may require an airport manager to cease operations, until all of the requirements determined by the commission have been complied with.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.201 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
Former Law:
See section 4 of Act 177 of 1929, being CL 1929, § 4804; Act 53 of 1931.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-X - Chapter X Miscellaneous Provisions. (259.201...259.208) › Section 259.202 - Aeronautics Commission; Orders; Appeal.

259.202 Aeronautics commission; orders; appeal.
Sec. 202.
A person who is aggrieved by an order of the commission may, within 10 days after the issuance of the order, appeal to, or have the action of the commission reviewed by, the circuit court of Ingham county, at Lansing, Michigan, in the manner provided for the review of the orders of other administrative bodies of this state, and rules of law applicable to such appeals or reviews shall apply.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.202 ;-- Am. 1996, Act 370, Imd. Eff. July 3, 1996
Former Law:
See section 7 of Act 177 of 1929, being CL 1929, § 4807.
Admin Rule:
R 259.201 et seq.; R 259.801 et seq.; R 259.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-X - Chapter X Miscellaneous Provisions. (259.201...259.208) › Section 259.203 - Fuel Privilege Tax; Imposition; Collection and Remittance; Refund; Purchase of Fuel by Unregistered Person; Imposition of Tax on Aviation Fuel.

259.203 Fuel privilege tax; imposition; collection and remittance; refund; purchase of fuel by unregistered person; imposition of tax on aviation fuel.
Sec. 203.
(1) A privilege tax at the rate of 3 cents per gallon is imposed on all fuel sold or used in producing or generating power for propelling aircraft using the aeronautical facilities on the lands and waters of this state. The tax must be collected and remitted in the same manner and method and at the same time as prescribed by law for the collection of the gasoline tax imposed on all gasoline used in producing or generating power for propelling motor vehicles used on the public highways of this state under the motor fuel tax act, 2000 PA 403, MCL 207.1001 to 207.1170. For the tax imposed under this subsection, a refund of 1-1/2 cents per gallon must be made to airline operators who show proof within 6 months after purchase that they are operating interstate on scheduled operations.
(2) If a person required to register with the department of treasury under section 94 of the motor fuel tax act, 2000 PA 403, MCL 207.1094, is not registered, the person shall not purchase fuel under this act at the rate imposed by subsection (1), but shall pay the applicable rate imposed on motor fuel by section 8 of the motor fuel tax act, 2000 PA 403, MCL 207.1008.
(3) The tax imposed under subsection (1) is not imposed on aviation fuel if the purchaser has certified in writing to the seller that the aviation fuel is being purchased solely for the purpose of formulating leaded racing fuel as that term is defined in section 4 of the motor fuel tax act, 2000 PA 403, MCL 207.1004. Aviation fuel qualifying under this subsection must be identified on shipping papers and invoices as "aviation fuel exempt for LRF".
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.203 ;-- Am. 1957, Act 123, Eff. Sept. 27, 1957 ;-- Am. 2000, Act 404, Imd. Eff. Jan. 8, 2001 ;-- Am. 2008, Act 25, Eff. May 12, 2008 ;-- Am. 2015, Act 260, Eff. Mar. 22, 2016
Former Law:
See section 2 of Act 160 of 1931.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-X - Chapter X Miscellaneous Provisions. (259.201...259.208) › Section 259.204 - Aircraft Fuels; Storing, Dispensing, and Selling; Rules and Regulations; Violation as Misdemeanor.

259.204 Aircraft fuels; storing, dispensing, and selling; rules and regulations; violation as misdemeanor.
Sec. 204.
Every person dealing at wholesale or retail in aircraft fuels shall acquire and dispense the fuels in accordance with the laws of this state and the rules and regulations of the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, or the department of environmental quality pertaining to storing, dispensing, and selling volatile fuels. Violation of this section is a misdemeanor.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.204 ;-- Am. 2006, Act 193, Imd. Eff. June 19, 2006
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-X - Chapter X Miscellaneous Provisions. (259.201...259.208) › Section 259.205 - Garage Keeper Lien.

259.205 Garage keeper lien.
Sec. 205.
A garage keeper who in pursuance of any contract, expressed or implied, written or unwritten, furnishes any labor, material, or supplies has a lien upon any aircraft stored, maintained, supplied, or repaired by him or her for the proper charges due for the storage, maintenance, keeping, and repair of the aircraft and for gasoline or aviation fuel, electric current, or other accessories and supplies furnished or expenses bestowed or labor performed on the aircraft at the request or with the consent of the registered owner of the aircraft, whether the owner is a conditional sale vendee or a mortgagor remaining in possession or otherwise. The garage keeper may detain the aircraft at any time it is in his or her possession within 90 days after performing the last labor or furnishing the last supplies for which the lien is claimed. The lien, to the extent it is for labor and material furnished in making repairs upon an aircraft, has priority over all other liens upon the aircraft.
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.205 ;-- Am. 2002, Act 35, Eff. May 15, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-X - Chapter X Miscellaneous Provisions. (259.201...259.208) › Section 259.205a - Garage Keeper Lien; Priority.

259.205a Garage keeper lien; priority.
Sec. 205a.
(1) If the vehicle subject to a lien under section 1 is an aircraft, the garage keeper's lien shall take priority over any prior lien unless the prior lienholder pays to the garage keeper the amount of the lien attributable to labor and materials, or the following applicable amount, whichever is less:
(a) $5,000.00 in the case of an aircraft that has a single engine of less than 150 horsepower.
(b) $10,000.00 in the case of an aircraft that has a single engine of 150 or more horsepower.
(c) $20,000.00 in the case of a multiengine, nonturbocharged aircraft, or an aircraft that is rated at less than 6,000 pounds maximum certificated gross takeoff weight.
(d) $40,000.00 in the case of a multiengine turbocharged aircraft, or an aircraft that is rated at 6,000 pounds or more maximum certificated gross takeoff weight.
(e) $100,000.00 in the case of a turboprop or turbojet aircraft.
(2) A payment made to a garage keeper under subsection (1) shall be added to the amount of the lien of the prior lienholder who made the payment, and shall be subtracted from the amount of the garage keeper's lien.
(3) The garage keeper's lien established in this act is the sole lien available to a garage keeper as to an aircraft, and the common law garage keeper's lien as to an aircraft is abolished.
History:
Add. 2002, Act 35, Eff. May 15, 2002
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-X - Chapter X Miscellaneous Provisions. (259.201...259.208) › Section 259.206 - Operation of Aircraft by Lessee; Notice of Insurance Coverage; Violation; Remedies; “Lessee” Defined.

259.206 Operation of aircraft by lessee; notice of insurance coverage; violation; remedies; “lessee” defined.
Sec. 206.
(1) A person who in the course of business rents an aircraft to a lessee, at the time of entering into the rental agreement, shall notify the lessee in writing of the extent the lessor's insurance will cover the operation of the aircraft by the lessee. If a person violates this section, the lessee may bring an action for either of the following:
(a) To void the agreement.
(b) To recover damages in the amount of $500.00, or actual damages, whichever is greater.
(2) The remedies provided in subsection (1) shall be in addition to any other remedies provided by law, and shall not limit a person's right to use any other cause of action available under law.
(3) As used in this section, "lessee" means a person renting an aircraft from another, regardless of the form of the rental agreement.
History:
Add. 1988, Act 96, Eff. July 1, 1988
Compiler's Notes:
Former section 206 of this act was not compiled.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208) › 327-1945-X - Chapter X Miscellaneous Provisions. (259.201...259.208) › Section 259.208 - Aeronautics Code of the State of Michigan; Short Title.

259.208 Aeronautics code of the state of Michigan; short title.
Sec. 208.
This act shall be known and may be cited as "Aeronautics code of the state of Michigan."
History:
1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.208
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 107 of 1969 - Airport Development (259.251 - 259.255) › Section 259.251 - Continuing Airport Loan Program; Creation; Administration; Purpose.

259.251 Continuing airport loan program; creation; administration; purpose.
Sec. 1.
A continuing airport loan program is created to be administered by the department of state highways and transportation through the aeronautics commission for the purpose of making loans to counties, cities, townships, and incorporated villages, or any combination thereof to assist in the construction and improvement of publicly owned airports and landing fields.
History:
1969, Act 107, Imd. Eff. July 24, 1969 ;-- Am. 1975, Act 192, Imd. Eff. Aug. 8, 1975
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 107 of 1969 - Airport Development (259.251 - 259.255) › Section 259.252 - Revolving Loan Account; Appropriation, Administration.

259.252 Revolving loan account; appropriation, administration.
Sec. 2.
The sum of $250,000.00 is appropriated from the state aeronautics fund to be administered by the aeronautics commission for the establishment of a revolving loan account to implement the provisions of this act.
History:
1969, Act 107, Imd. Eff. July 24, 1969
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 107 of 1969 - Airport Development (259.251 - 259.255) › Section 259.253 - Loans; Rules; Limitation; Repayment Period; Interest Rate; Collection and Disposition of Repayments and Interest.

259.253 Loans; rules; limitation; repayment period; interest rate; collection and disposition of repayments and interest.
Sec. 3.
The commission shall promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, for making loans pursuant to section 1 not to exceed 90% of the local share of the project cost, or $100,000.00, whichever is the lesser. The loan shall be repaid within 10 years and shall bear an annual interest rate as established by the state treasurer in the year of the loan. The annual interest rate shall not exceed 6%. The repayments shall be collected by the commission and credited to the revolving loan account established in section 2. The interest shall be collected annually by the commission and credited to the state aeronautics fund.
History:
1969, Act 107, Imd. Eff. July 24, 1969 ;-- Am. 1975, Act 192, Imd. Eff. Aug. 8, 1975 ;-- Am. 1978, Act 134, Imd. Eff. May 4, 1978 ;-- Am. 1980, Act 45, Imd. Eff. Mar. 19, 1980
Admin Rule:
R 259.801 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 107 of 1969 - Airport Development (259.251 - 259.255) › Section 259.254 - Aeronautics Commission; Report to Legislature, Time, Contents.

259.254 Aeronautics commission; report to legislature, time, contents.
Sec. 4.
At the end of each fiscal year, the commission shall submit to the legislature a report showing total funds available for loans, itemization of loans made, and repayment of loans and interest received.
History:
1969, Act 107, Imd. Eff. July 24, 1969
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 107 of 1969 - Airport Development (259.251 - 259.255) › Section 259.255 - Supplemental Construction of Act.

259.255 Supplemental construction of act.
Sec. 5.
This act shall be construed as supplemental to the laws of this state relative to improvement of airports.
History:
1969, Act 107, Imd. Eff. July 24, 1969
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 436 of 2016 - Unmanned Aircraft Systems Act (259.301 - 259.331) › Section 259.301 - Short Title.

259.301 Short title.
Sec. 1.
This act shall be known and may be cited as the "unmanned aircraft systems act".
History:
2016, Act 436, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 436 of 2016 - Unmanned Aircraft Systems Act (259.301 - 259.331) › Section 259.303 - Definitions.

259.303 Definitions.
Sec. 3.
As used in this act:
(a) "Commission" means the Michigan aeronautics commission created by section 26 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.26.
(b) "Department" means, unless expressly provided otherwise, the state transportation department.
(c) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
(d) "Political subdivision" means a county, city, village, township, or other political subdivision, public corporation, authority, or district in this state.
(e) "Unmanned aircraft" means an aircraft flown by a remote pilot via a ground control system, or autonomously through use of an on-board computer, communication links, and any additional equipment that is necessary for the unmanned aircraft to operate safely.
(f) "Unmanned aircraft system" means an unmanned aircraft and all of the associated support equipment, control station, data links, telemetry, communications, navigation equipment, and other equipment necessary to operate the unmanned aircraft.
History:
2016, Act 436, Eff. Apr. 4, 2017 ;-- Am. 2018, Act 446, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 436 of 2016 - Unmanned Aircraft Systems Act (259.301 - 259.331) › Section 259.311 - Operation of Unmanned Aircraft System; Person Authorized by Federal Aviation Administration.

259.311 Operation of unmanned aircraft system; person authorized by Federal Aviation Administration.
Sec. 11.
A person that is authorized by the Federal Aviation Administration to operate unmanned aircraft systems for commercial purposes may operate an unmanned aircraft system in this state if the unmanned aircraft system is operated in a manner consistent with federal law.
History:
2016, Act 436, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 436 of 2016 - Unmanned Aircraft Systems Act (259.301 - 259.331) › Section 259.313 - Operation of Unmanned Aircraft System; Manner.

259.313 Operation of unmanned aircraft system; manner.
Sec. 13.
A person may operate an unmanned aircraft system in this state for recreational purposes if the unmanned aircraft system is operated in a manner consistent with federal law for the operation of a model aircraft.
History:
2016, Act 436, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 436 of 2016 - Unmanned Aircraft Systems Act (259.301 - 259.331) › Section 259.320 - Criminal Liability; Offense Committed With Aid of an Unmanned Aircraft System; Exception.

259.320 Criminal liability; offense committed with aid of an unmanned aircraft system; exception.
Sec. 20.
(1) A person is guilty of an offense committed with the aid of an unmanned aircraft system if the unmanned aircraft system is under the person's control and the activity performed with the aid of the unmanned aircraft system would have given rise to criminal liability under the penal law of this state if it was performed directly by the person without the aid of an unmanned aircraft system.
(2) Notwithstanding subsection (1), and except as provided in sections 21 and 22 and section 45a(1) of the Michigan penal code, 1931 PA 328, MCL 750.45a, solely flying an unmanned aircraft system through navigable airspace in accordance with federal law does not give rise to criminal liability under the penal law of this state.
History:
Add. 2018, Act 444, Eff. Mar. 21, 2019
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 436 of 2016 - Unmanned Aircraft Systems Act (259.301 - 259.331) › Section 259.321 - Operation of Unmanned Aircraft System; Interference With Official Duties Prohibited.

259.321 Operation of unmanned aircraft system; interference with official duties prohibited.
Sec. 21.
An individual shall not knowingly and intentionally operate an unmanned aircraft system in a manner that interferes with the official duties of any of the following:
(a) A law enforcement official, as that term is defined in section 7 of chapter III of the code of criminal procedure, 1927 PA 175, MCL 763.7.
(b) A firefighter.
(c) Emergency medical services personnel, as that term is defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.
(d) Search and rescue personnel.
(e) A state correctional officer, as that term is defined in section 2 of the correctional officers' training act of 1982, 1982 PA 415, MCL 791.502, or any other individual employed by the department of corrections.
(f) A local corrections officer, as that term is defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791.532.
History:
2016, Act 436, Eff. Apr. 4, 2017 ;-- Am. 2018, Act 468, Eff. Mar. 27, 2019
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 436 of 2016 - Unmanned Aircraft Systems Act (259.301 - 259.331) › Section 259.322 - Operation of Unmanned Aircraft System; Harassment, Violation of Order, or Invasion of Privacy Prohibited; Definition; Individual Registered as Sex Offender.

259.322 Operation of unmanned aircraft system; harassment, violation of order, or invasion of privacy prohibited; definition; individual registered as sex offender.
Sec. 22.
(1) A person shall not knowingly and intentionally operate an unmanned aircraft system to subject an individual to harassment. As used in this subsection, "harassment" means that term as defined in section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i.
(2) A person shall not knowingly and intentionally operate an unmanned aircraft system within a distance that, if the person were to do so personally rather than through remote operation of an unmanned aircraft, would be a violation of a restraining order or other judicial order.
(3) A person shall not knowingly and intentionally operate an unmanned aircraft system to violate section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, or to otherwise capture photographs, video, or audio recordings of an individual in a manner that would invade the individual's reasonable expectation of privacy.
(4) An individual who is required to register as a sex offender under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, shall not operate an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of another individual, if the individual's sentence in a criminal case would prohibit the individual from following, contacting, or capturing the image of the other individual.
History:
2016, Act 436, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 436 of 2016 - Unmanned Aircraft Systems Act (259.301 - 259.331) › Section 259.323 - Violation as Misdemeanor; Penalty; Other Violation of Law.

259.323 Violation as misdemeanor; penalty; other violation of law.
Sec. 23.
(1) An individual who violates section 21 or 22 is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(2) This section does not affect the ability to investigate or to arrest, prosecute, or convict an individual for any other violation of a law of this state.
History:
2016, Act 436, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 436 of 2016 - Unmanned Aircraft Systems Act (259.301 - 259.331) › Section 259.330 - Michigan Aeronautics Commission; Duties; Departmental Support.

259.330 Michigan aeronautics commission; duties; departmental support.
Sec. 30.
(1) The commission shall do all of the following:
(a) Provide advice to other departments and agencies of this state about the use of unmanned aircraft systems and related technology.
(b) Provide advice to the public about all of the following:
(i) Regulation of unmanned aircraft systems by the federal government and by this state.
(ii) Safe operating principles for unmanned aircraft systems.
(iii) Restrictions on the use of unmanned aircraft systems.
(iv) Any other matters within the scope of the commission's authority under this act.
(c) Provide education and information to departments and agencies of this state, political subdivisions, and the general public about unmanned aircraft systems.
(d) Receive and consider comments from persons in this state that are interested in or affected by the use of unmanned aircraft systems.
(3) The departments and agencies of this state shall provide support to the commission as necessary and as requested for the commission to perform its duties under this act. In addition to the state transportation department's provision of support, the following departments shall provide primary support to the commission:
(a) The department of state police.
(b) The department of natural resources.
(c) The department of corrections.
(d) The department of agriculture and rural development.
(e) The department of licensing and regulatory affairs.
History:
Add. 2018, Act 446, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 328 of 1945 - Special Aeronautical Planning Fund (259.401 - 259.402) › Section 259.401 - Appropriation; Purpose.

259.401 Appropriation; purpose.
Sec. 1.
There is hereby appropriated from the general fund the sum of $250,000.00 for the fiscal year ending June 30, 1945, to the state administrative board to be expended as provided in this act.
History:
1945, Act 328, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.401
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 328 of 1945 - Special Aeronautical Planning Fund (259.401 - 259.402) › Section 259.402 - Special Aeronautical Planning Fund; Expenditure.

259.402 Special aeronautical planning fund; expenditure.
Sec. 2.
Said appropriation shall be credited to a special fund to be known as the "special aeronautical planning fund". Moneys may be released from said special fund from time to time by the state administrative board to the director of aeronautics, upon his request for planning, survey, engineering services and development of airports and landing fields within this state.
History:
1945, Act 328, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.402
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 23 of 1950 (Ex. Sess.) - Airport Zoning Act (259.431 - 259.465) › Section 259.431 - Airport Zoning Act; Definitions.

259.431 Airport zoning act; definitions.
Sec. 1.
For the purpose of this act the words, terms and phrases set forth in sections 2 through 10, inclusive, shall have the meanings prescribed in such sections.
History:
1950, Ex. Sess., Act 23, Imd. Eff. June 7, 1950