reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-3 - Qualifications of operators; federal license. (Repealed effective July 1, 2024.)

The public safety requiring and the advantages of uniform regulations making it desirable in the interest of aeronautical progress that a person engaging within this state in navigating the aircraft described in Section 2 [64-1-2 NMSA 1978] hereof in any form of navigation for which license to operate such aircraft would be required by the United States government shall have the qualifications necessary for obtaining and holding the class of license required by the United States government. It shall be unlawful for any person to engage in operating such aircraft within this state in any form of navigation unless he have such a license.
History:
Laws 1929, ch. 71, § 3; C.S. 1929, § 12-103; 1941 Comp., § 47-103; 1953 Comp., § 44-1-3.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 64-1-3 NMSA 1978, effective July 1, 2024.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 51 to 56, 59.
Revocation or suspension of airman's license or certificate, 78 A.L.R.2d 1150.
2A C.J.S. Aeronautics and Aerospace §§ 42 to 56.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-4 - Possession and display of license. (Repealed effective July 1, 2024.)

The certificates of the license in Sections 2 and 3 [64-1-2, 64-1-3 NMSA 1978] hereof required shall be kept in the personal possession of the licensee when he is operating aircraft within this state, and must be presented for inspection upon the demand of any passenger, any peace officer of this state or any official, manager or person in charge of any airport or landing field in this state upon which he shall land.
History:
Laws 1929, ch. 71, § 4; C.S. 1929, § 12-104; 1941 Comp., § 47-104; 1953 Comp., § 44-1-4.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 64-1-4 NMSA 1978, effective July 1, 2024.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 28, 29.
2A C.J.S. Aeronautics and Aerospace § 43.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-5 - Must observe air traffic rules. (Repealed effective July 1, 2024.)

The public safety requiring and the advantages of uniform regulation making it desirable, it shall be unlawful for any person to operate any aircraft within this state, in any form of navigation whatsoever, in violation of the air traffic rules adopted by the state corporation commission [public regulation commission] as hereinafter authorized.
History:
Laws 1929, ch. 71, § 5; C.S. 1929, § 12-105; 1941 Comp., § 47-105; 1953 Comp., § 44-1-5.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 64-1-5 NMSA 1978, effective July 1, 2024.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
For transfer of powers of state corporation commission (now public regulation commission) with regard to regulation and control of aircraft other than common carriers to aviation division of the department of transportation,
see
64-1-18 NMSA 1978.
State highway department (now department of transportation) could grant permit for airplanes to land
on particular portions of New Mexico highways where proper clearance was also obtained from civil aeronautics administration and state corporation commission (now public regulation commission). 1943 Op. Att'y Gen. No. 43-4240.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 27.
2A C.J.S. Aeronautics and Aerospace § 27.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-8 - Air common carrier must be licensed. (Repealed effective July 1, 2024.)

It shall be unlawful for any common carrier, in Section 6 [64-1-6 NMSA 1978] of this act mentioned and defined, to transport any person or property for hire between any points within this state or from any point within this state and return thereto, unless licensed so to do by the state corporation commission [public regulation commission], which license shall be issued and shall expire and may be suspended or revoked in accordance with the regulations made by the state corporation commission [public regulation commission] from time to time as in this act [64-1-1 to 64-1-10 NMSA 1978] contemplated. The state corporation commission [public regulation commission] may charge a fee of five dollars ($5.00) for each license and each renewal thereof by it issued under the provisions of this act.
History:
Laws 1929, ch. 71, § 8; C.S. 1929, § 12-108; 1941 Comp., § 47-108; 1953 Comp., § 44-1-8.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 64-1-8 NMSA 1978, effective July 1, 2024.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Air traffic rules promulgated by commission apply to all aircraft,
including nonprofit activities as well as the common carrier enterprises. 1947 Op. Att'y Gen. No. 47-5117.
Exemptions not authorized.
— The state corporation commission (now public regulation commission) has no authority to make exemptions from the requirement of a certificate of convenience and necessity. 1969 Op. Att'y Gen. No. 69-140.
Contractor with federal government not exempt from regulation.
— A person holding a contract to provide intrastate services for the United States government is not exempt from state regulation. 1969 Op. Att'y Gen. No. 69-140.
Federal government not bound by state tariffs.
— Although a carrier providing intrastate services for the federal government may be required to have a certificate of public convenience and necessity, the United States government is entitled to negotiate a special rate with the carrier and is not bound by state tariffs. 1969 Op. Att'y Gen. No. 69-140.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 28, 29.
License: construction of provision of aviation liability policy which requires pilot of insured aircraft to have appropriate license or certification, 72 A.L.R.3d 525.
2A C.J.S. Aeronautics and Aerospace §§ 191 to 222.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-9 - Penalties. (Repealed effective July 1, 2024.)

A person who violates any provision of this act [64-1-1 to 64-1-10 NMSA 1978] shall be guilty of a misdemeanor and punishable by a fine of not more than one hundred dollars [($100)], or by imprisonment for not more than ninety days, or both; provided, however, that acts or omissions made unlawful by this article [64-1-1 to 64-1-10 NMSA 1978] shall not be deemed to include any act or omission which violates the laws or lawful regulations of the United States; but it shall not be necessary to allege or prove, as part of the case for the state, that the defendant is not amenable, on account of the alleged violation, to prosecution under the laws of the United States. That he is amenable to such prosecution shall be matter of defense, unless it affirmatively appear from the evidence adduced by the state.
History:
Laws 1929, ch. 71, § 10; C.S. 1929, § 12-110; 1941 Comp., § 47-109; 1953 Comp., § 44-1-9.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 64-1-9 NMSA 1978, effective July 1, 2024.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 211 to 214, 217 to 223.
2A C.J.S. Aeronautics and Aerospace §§ 282 to 288.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-10 - Fees; disposition. (Repealed effective July 1, 2024.)

The corporation commission [public regulation commission] shall charge and collect the following miscellaneous fees in connection with the administration of this act [64-1-1 to 64-1-10 NMSA 1978]:
for filing aircraft common carrier application for authority to transport persons or property for hire $10.00;
for filing application for transfer of authority to operate aircraft $10.00;
for furnishing copy of any record or order, 15 cents [($.15)] per one hundred words, or fraction thereof;
for furnishing any other certificates not specifically provided for $2.00.
All fees collected under the terms of this act by the corporation commission [public regulation commission] shall be remitted to the state treasurer and by him credited to the general fund.
History:
Laws 1929, ch. 71, § 11 as added by Laws 1941, ch. 115, § 1; 1941 Comp., § 47-110; 1953 Comp., § 44-1-10; Laws 1957, ch. 15, § 1.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 64-1-10 NMSA 1978, effective July 1, 2024.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
2A C.J.S. Aeronautics and Aerospace §§ 188, 189.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-11 - Aviation Act; short title.

Sections 64-1-11 through 64-1-17 NMSA 1978 may be cited as the "Aviation Act."
History:
1953 Comp., § 44-1-10.1, enacted by Laws 1963, ch. 314, § 1; 1977, ch. 250, § 12.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-12 - Definitions.

As used in the Aviation Act:
A. "aircraft" means airplane and helicopter;
B. "pilot" means any person participating in the operation of an aircraft while it is in flight;
C. "passenger" means any person riding in an aircraft except a pilot;
D. "department" means the state highway and transportation department;
E. "division" means the aviation division of the department;
F. "director" means the executive head of the division; and
G. "secretary" means the executive head of the department.
History:
1953 Comp., § 44-1-10.2, enacted by Laws 1963, ch. 314, § 2; 1977, ch. 250, § 13; 1987, ch. 268, § 7.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in Subsection D inserted "state highway and" preceding "transportation" and, in Subsection G, deleted "of transportation" following "secretary."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 2.
2A C.J.S. Aeronautics and Aerospace §§ 2 to 6.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-12 - Definitions. (Effective July 1, 2024.)

As used in the Aviation Act:
A. "aircraft" means airplane and helicopter;
B. "pilot" means any person participating in the operation of an aircraft while it is in flight;
C. "passenger" means any person riding in an aircraft except a pilot;
D. "department" means the department of transportation;
E. "division" means the aviation division of the department;
F. "director" means the director of the division; and
G. "secretary" means the secretary of transportation.
History:
1953 Comp., § 44-1-10.2, enacted by Laws 1963, ch. 314, § 2; 1977, ch. 250, § 13; 1987, ch. 268, § 7; 2023, ch. 100, § 24.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, updated definitions; in Subsection D, after "means the", deleted "state highway and" and added "department of", and after "transportation", deleted "department"; in Subsection F, after "means the", deleted "executive head" and added "director"; and in Subsection G, after "means the", deleted "executive head of the department" and added "secretary of transportation".
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-13.1 - Air service assistance program created.

An air service assistance program is created to provide assistance to airlines in the establishment of regional air service for small communities to and from hub airports in the southwest United States. The division shall administer the air service assistance program and shall establish regulations for eligibility for assistance, including the maximum amount a recipient may receive.
History:
Laws 1999, ch. 184, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 1999, ch. 184, § 3 contained an emergency clause and was approved April 6, 1999.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-14 - Director; powers and duties.

The director shall:
A. be the executive officer of the division;
B. with the consent of the secretary, employ necessary personnel; and
C. administer the aviation laws of this state, except those relating to common carriers, and enforce the policies, rules and regulations of the division.
History:
1953 Comp., § 44-1-10.6, enacted by Laws 1963, ch. 314, § 6; 1977, ch. 250, § 17; 1987, ch. 268, § 9.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, deleted "of transportation" following "secretary."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 27.
2A C.J.S. Aeronautics and Aerospace § 20.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-14 - Director; powers and duties. (Effective July 1, 2024.)

The director shall:
A. be the executive officer of the division;
B. with the consent of the secretary, employ necessary personnel; and
C. administer the aviation laws of this state and enforce the policies, rules and regulations of the division.
History:
1953 Comp., § 44-1-10.6, enacted by Laws 1963, ch. 314, § 6; 1977, ch. 250, § 17; 1987, ch. 268, § 9; 2023, ch. 100, § 26.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to "common carriers" due to the transfer of certain powers and duties to the department of transportation; and in Subsection C, after "this state", deleted "except those relating to common carriers".
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-15 - State aviation fund.

A. There is created in the state treasury the "state aviation fund". All income to the state aviation fund is appropriated to the division. Earnings from investment of the fund shall be credited to the fund.
B. The amounts distributed to the state aviation fund pursuant to Subsection C of Section 7-1-6.7 NMSA 1978 shall be used for the air service assistance program, including planning, program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities. All other amounts distributed to the state aviation fund, including collections by the division for aircraft registration pursuant to the Aircraft Registration Act [64-4-1 to 64-4-15 NMSA 1978], payments to the division pursuant to Sections 64-1-13 and 64-1-19 NMSA 1978 and reimbursements to the division from federal aviation administration funds or from any other source shall be used for planning and program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities. All expenditures shall be made in accordance with budgets approved by the department. Balances in the state aviation fund shall not be transferred and shall not revert to any other fund.
History:
1953 Comp., § 44-1-10.7, enacted by Laws 1963, ch. 314, § 7; 1977, ch. 250, § 18; 1983, ch. 211, § 39; 1989, ch. 158, § 1; 2001, ch. 198, § 2; 2007, ch. 297, § 2; 2007, ch. 298, § 2; 2013, ch. 19, § 2.
ANNOTATIONS
Cross references.
— For the Gasoline Tax Act,
see
7-13-1 NMSA 1978 et seq.
The 2013 amendment,
effective July 1, 2013, authorized the use of state aviation funds for airports, navigation aids and related facilities; and in Subsection B, in the first sentence, after "air service assistance program", added "including planning, program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities".
The 2007 amendment,
effective July 1, 2007, provided that earnings from investment of the fund shall be credited to the fund; that amounts distributed to the fund shall used for planning and administration, construction and equipment and maintenance of a system of airports and related facilities; and that balances in the fund shall not be transferred or revert to any other fund.
Laws 2007, ch. 297, § 2 and Laws 2007, ch. 298, § 2 enacted identical amendments to this section.
The 2001 amendment,
effective April 3, 2001, added the fifth sentence.
The 1989 amendment,
effective June 16, 1989, substituted "planning, construction and maintenance of a system of airports, navigation aids and related facilities serving New Mexico" for "airport construction and maintenance based on need" in the next-to-last sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 8A Am. Jur. 2d Aviation § 48.
2A C.J.S. Aeronautics and Aerospace § 189.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-16 - Landing fees.

An airport facility that receives funds under the Aviation Act may charge landing fees for aircraft used in commercial activities for compensation or for general aviation aircraft that weigh more than twelve thousand five hundred pounds; provided that any landing fees shall be assessed and used in compliance with federal law.
History:
1953 Comp., § 44-1-10.8, enacted by Laws 1963, ch. 314, § 8; 1979, ch. 336, § 1; 2003, ch. 43, § 1; 2019, ch. 250, § 1.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, authorized the imposition of landing fees for aircraft used in commercial activities for compensation or for general aviation aircraft over a certain weight; after "the Aviation Act", deleted "shall not" and added "may", after "landing fees for aircraft", deleted "except for aircraft", and after "compensation", added "or for general aviation aircraft that weigh more than twelve thousand five hundred pounds; provided that any landing fees shall be assessed and used in compliance with federal law".
The 2003 amendment,
effective July 1, 2003, substituted "An airport facility that" for "No airport facility which" at the beginning, inserted "not" following "Aviation Act shall", and substituted "commercial activities for compensation" for "scheduled air service or commercial aircraft in excess of 18,000 pounds maximum gross weight" at the end.
Restriction imposed by section presupposes existing airport facility
rather than one which is only in the feasibility or planning stage. 1971 Op. Att'y Gen. No. 71-115.
Use of funds for feasibility study.
— This section would not prohibit landing fees for aircraft at a facility proposed to be built in the future, after a planning and feasibility study financed in part with a grant from the aviation department (now the aviation division of the department of transportation ), where no part of the grant was used for the construction, development or operation of the facility. 1971 Op. Att'y Gen. No. 71-115.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
2A C.J.S. Aeronautics and Aerospace §§ 188, 189.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-17 - Airport facilities on private land.

No money shall be expended under the Aviation Act for construction, development or maintenance of an airport facility located on private land, unless the landowner files a written agreement with the director permitting public use of the facility without limit as to time.
History:
1953 Comp., § 44-1-10.9, enacted by Laws 1963, ch. 314, § 9; 1977, ch. 250, § 19.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
2A C.J.S. Aeronautics and Aerospace § 57.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-18 - Transfer of powers. (Repealed effective July 1, 2024.)

All of the powers granted by law to the state corporation commission [public regulation commission] with regard to regulation and control of aircraft other than aircraft engaged as common carriers, are transferred to the division.
History:
Laws 1939, ch. 199, § 5; 1941 Comp., § 47-115; 1953 Comp., § 44-1-15; Laws 1963, ch. 314, § 10; 1977, ch. 250, § 20.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 64-1-18 NMSA 1978, effective July 1, 2024.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Title of enactment.
— Since there was nothing in the title of Laws 1939, ch. 199, to intimate in the least that the corporation commission (now public regulation commission) was to be stripped of its power over all aircraft, Laws 1939, ch. 199, § 5, which originally enacted this section, transferring such authority to the former New Mexico aeronautic commission, violated and was in contravention of N.M. Const., art. IV, § 16. 1939 Op. Att'y Gen. No. 39-3258.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-19 - Aviation division; additional powers and duties.

The division may:
A. contract with any agency of the federal government to perform specified aviation services;
B. accept federal grants for the administration and performance of such aviation services;
C. employ necessary personnel and pay other administrative costs from federal grant funds in accordance with a budget approved by the department of finance and administration without regard to other restrictions or limitations imposed on the division's budget.
History:
1953 Comp., § 44-1-15.1, enacted by Laws 1975, ch. 197, § 2; 1977, ch. 250, § 21.
ANNOTATIONS
Cross references.
— For other powers and duties of the division,
see
64-1-13 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 27.
2A C.J.S. Aeronautics and Aerospace § 20.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-20 - [Guests in aircraft; right of action for damages for injury, death or loss.]

No person riding in an aircraft as a guest, without payment for the ride or transportation, nor his personal representative in the event of the death of such guest, shall have a cause of action against any pilot or crewman of such aircraft or its owner or his employee or agent for injury, death or loss which occurs as a result of an accident unless such accident shall have been intentional on the part of said owner or operator or caused by his heedlessness or his reckless disregard of the rights of others.
History:
1953 Comp., § 44-1-16, enacted by Laws 1963, ch. 196, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For note, "McGeehan v. Bunch - Invalidating Statutory Tort Immunity Through a New Approach to Equal Protection Analysis," see 7 N.M.L. Rev. 251 (1977).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 123 to 126.
Duty and liability to guest or passenger as to preflight inspection and maintenance of aircraft, 30 A.L.R.2d 1172.
Liability for injury to guest in aeroplane, 40 A.L.R.3d 1117.
Guest statute: choice-of-law considerations in application of aviation guest statutes, 62 A.L.R.3d 1076.
Guests: constitutionality of automobile and aviation guest statutes, 66 A.L.R.3d 532.
2A C.J.S. Aeronautics and Aerospace §§ 250 to 281.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-21 - Definition.

In this act [64-1-21 to 64-1-23 NMSA 1978], "aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, including a parachute or other contrivance designed for such navigation.
History:
1953 Comp., § 44-1-17, enacted by Laws 1965, ch. 34, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 2.
2A C.J.S. Aeronautics and Aerospace § 3.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-22 - Unlawful interference with the flight of aircraft.

Any person discharging a firearm or setting in flight any missile, projectile or object intended to strike or collide with any flying aircraft shall be guilty of unlawful interference with the flight of an aircraft.
History:
1953 Comp., § 44-1-18, enacted by Laws 1965, ch. 34, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 54 to 56, 59.
2A C.J.S. Aeronautics and Aerospace §§ 285, 286.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 1 - Aviation Generally › Section 64-1-23 - Penalty.

Whoever is convicted of unlawful interference with the flight of an aircraft shall be guilty of a fourth degree felony.
History:
1953 Comp., § 44-1-19, enacted by Laws 1965, ch. 34, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 211, 212.
2A C.J.S. Aeronautics and Aerospace §§ 285, 286.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 2 - Airports › Section 64-2-1 - Joint airport zoning board.

A. Whenever any political subdivision of the state owns and operates an airport which is located within the jurisdiction of any other political subdivision or whose approach plan area is within the jurisdiction of any other political subdivision, the political subdivision owning and operating the airport may create a joint airport zoning board composed of two members appointed by the political subdivision owning and operating the airport, two members appointed by any political subdivision within whose jurisdiction the airport lies or the approach plan extends and one member selected by the other members within thirty days after the joint airport zoning board is created.
B. Within sixty days of being requested in writing by the political subdivision which owns and operates an airport to appoint members to the joint airport zoning board, any political subdivision which has jurisdiction over the area where the airport is located or the approach plan area for the airport shall appoint the required two members to the joint airport zoning board. After the sixty day period has passed and until the required appointment is made, the failure of any political subdivision within whose jurisdiction the airport lies or the approach plan extends to appoint any members to the joint airport zoning board shall not invalidate any action taken by the joint airport zoning board to implement and enforce the municipal airport zoning laws.
History:
1953 Comp., § 44-2-11, enacted by Laws 1965, ch. 308, § 1; 1989, ch. 365, § 1.
ANNOTATIONS
Cross references.
— For the Municipal Airport Law,
see
3-39-1 NMSA 1978 et seq.
For the Municipal Airport Zoning Law,
see
3-39-16 NMSA 1978 et seq.
For authority of boards of county commissioners to establish airports,
see
4-38-31 NMSA 1978.
The 1989 amendment,
effective June 16, 1989, added the subsection designations and, in Subsection B, added the present first sentence, while adding all of the language of the present second sentence preceding "the failure".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 48 to 54.
Validity of municipal regulation of aircraft flight paths or altitudes, 36 A.L.R.3d 1314.
Zoning regulations limiting use of property near airport as taking of property, 18 A.L.R.4th 542.
Liability of owner of wires, poles, or structures struck by aircraft for resulting injury or damage, 49 A.L.R.5th 659.
2A C.J.S. Aeronautics and Aerospace § 58.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 2 - Airports › Section 64-2-2 - Powers and duties of board.

To protect the lives and property of the users of the airport and the occupants of the territory adjacent to the airport, the joint airport zoning board may exercise those powers and duties granted legislative bodies under the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA 1978] in conformity with the provisions of the Municipal Airport Zoning Law or Sections 3-21-1, 3-21-2 and 3-21-5 through 3-21-11 NMSA 1978 insofar as it relates to compatible land use zoning around the airport. The area eligible for height, hazard and compatible land use zoning around the airport may not extend more than fifty thousand feet beyond any point on the perimeter of the area of land for the airport which is owned by the political subdivision which operates the airport.
History:
1953 Comp., § 44-2-12, enacted by Laws 1965, ch. 308, § 2; 1979, ch. 324, § 1; 1989, ch. 365, § 2.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, added the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 48, 54.
2A C.J.S. Aeronautics and Aerospace § 58.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 3 - Civil Air Patrol Division (Repealed.) › Section 64-3-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98B repealed 64-3-1 NMSA 1978, as enacted by Laws 1949, ch. 147, § 1, relating to creation of civil air patrol division, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 3 - Civil Air Patrol Division (Repealed.) › Section 64-3-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98B repealed 64-3-2 NMSA 1978, as enacted by Laws 1955, ch. 84, § 1, relating to cooperation with other agencies authorized, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-1 - Short title.

Sections 64-4-1 through 64-4-15 NMSA 1978 may be cited as the "Aircraft Registration Act."
History:
1953 Comp., § 44-5-1, enacted by Laws 1965, ch. 122, § 1; 1977, ch. 250, § 22.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-2 - Purpose of act.

The purpose of this act [64-4-1 to 64-4-15 NMSA 1978] is to provide for registration and uniform taxation of aircraft based or hangared in New Mexico.
History:
1953 Comp., § 44-5-2, enacted by Laws 1965, ch. 122, § 2.
ANNOTATIONS
Aircraft of nonresident servicemen exempt.
— Under New Mexico law, an aircraft is not defined by statute as a motor vehicle; hence, aircraft of nonresident servicemen stationed in this state are exempt from the provisions of the Aircraft Registration Act by virtue of the federal Soldiers' and Sailors' Civil Relief Act (50 U.S.C. App. §§ 501 to 591). 1966 Op. Att'y Gen. No. 66-41 (rendered under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 27.
2A C.J.S. Aeronautics and Aerospace §§ 39 to 41, 189.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-3 - Definitions.

As used in the Aircraft Registration Act:
A. "division" means the aviation division of the state highway and transportation department;
B. "director" means the executive head of the division;
C. "maximum gross weight" means the manufacturer's gross weight according to the operating limitations placard of the aircraft, furnished by the federal aviation administration; and
D. "specialized use" means use for commercial operations other than passenger carriage, including cargo hauling, crop dusting or spraying and forest fire-fighting use.
History:
1953 Comp., § 44-5-3, enacted by Laws 1965, ch. 122, § 3; 1970, ch. 50, § 1; 1971, ch. 150, § 1; 1977, ch. 250, § 23; 1987, ch. 268, § 10.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in Subsection A inserted "state highway and" preceding "transportation department."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 2.
2A C.J.S. Aeronautics and Aerospace §§ 2 to 6.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-4 - Aircraft registration.

A. All aircraft based or hangared within this state shall be registered annually with the division, and a registration fee shall be paid as approved in the Aircraft Registration Act.
B. Aircraft that are within the state for maintenance, overhaul, storage or repair, but that are habitually or permanently based in another state, may be registered pursuant to the provisions of the Aircraft Registration Act.
History:
1953 Comp., § 44-5-4, enacted by Laws 1965, ch. 122, § 4; 1970, ch. 50, § 2; 1977, ch. 250, § 24; 2003, ch. 224, § 1.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the Subsection A designation and added Subsection B.
No formula for veterans' exemption.
— Although qualified veterans were theoretically entitled to soldiers' exemption under former 72-1-13, 1953 Comp., from some undetermined portion of the aircraft registration fee, where the legislature did not provide a formula for application of the exemption, the director had no power to invent such a formula. 1972 Op. Att'y Gen. No. 72-28.
Aircraft of nonresident servicemen exempt.
— Under New Mexico law, an aircraft is not defined by statute as a motor vehicle; hence, aircraft of nonresident servicemen stationed in this state are exempt from the provisions of the Aircraft Registration Act by virtue of the federal Soldiers' and Sailors' Civil Relief Act (50 U.S.C. App §§ 501 to 591). 1966 Op. Att'y Gen. No. 66-41 (rendered under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 31, 32.
2A C.J.S. Aeronautics and Aerospace §§ 39 to 41.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-5 - Time of registration; penalty.

A. The owner or lessee of an aircraft, whichever is in possession, shall register the aircraft prior to March 1 of each year.
B. Any person who purchases, leases or otherwise acquires an aircraft or brings one into the state after March 1 shall register the aircraft within fifteen days after purchase, lease, acquisition or entering the state.
C. Any owner or lessee who fails to comply with Subsection A or any person who fails to comply with Subsection B shall pay a fine equal to ten percent of the regular registration fee times each month or portion of a month the registration fee is past due.
History:
1953 Comp., § 44-5-5, enacted by Laws 1970, ch. 50, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1970, ch. 50, § 3, repealed 44-5-5, 1953 Comp., and enacted a new section, effective January 1, 1972.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 31, 32.
2A C.J.S. Aeronautics and Aerospace §§ 282 to 288.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-5.1 - Unpaid registration fees; lien; hearing; seizure.

A. The registration fee and any penalties that have accrued under the Aircraft Registration Act constitute a lien on the aircraft from the date the registration fee was due. The division shall notify the registered owner of any aircraft required to be registered under that act by mailing a notice of intent to file a lien on any aircraft subject to a lien for nonpayment of aircraft registration fees. The registered owner shall have thirty days from the date of the mailing of such notice to pay all outstanding fees, interest and penalties. The division may thereafter perfect the lien by filing a notice of lien in the office of the secretary of state and the federal aviation administration aircraft records center. The notice of lien shall be on a form prepared by the division and shall indicate the amount of the registration fee that was due, the date the fee was due and the fact that penalties will accrue monthly from that date. The lien shall have priority over any other lien or encumbrance perfected subsequent to the date the notice of lien was filed, except for liens for state taxes having a priority established by law. A copy of the notice of lien shall be filed with the division. The lien shall continue until the registration fee and accrued penalties are paid. Upon satisfaction of the lien, the division shall notify the registered owner of the release of lien and shall file a copy of such release in the office of the secretary of state in which the notice of lien was recorded.
B. After due notice and hearing to the registered owner, the division may bring an action in the magistrate court in the county in which the aircraft is found to collect the registration fee and accrued penalties by seizure of the aircraft from the person in possession and by sale as provided in Section 39-5-1 NMSA 1978. Prior to the hearing, the division shall notify all lienholders of record of the impending action. The costs of identifying these lienholders and of bringing such action in magistrate court may be added to the amount owed by the owner. The division shall promulgate rules and regulations to provide a hearing to any delinquent owner prior to seizure of any aircraft under this subsection.
History:
1978 Comp., § 64-4-5.1, enacted by Laws 1983, ch. 52, § 1; 1985, ch. 71, § 1.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-6 - Action on application.

Upon receipt of an application for registration of any aircraft and payment of the required fee, the division shall file the application, assign to the application and the aircraft to be registered a distinct number and register the application and the number in an index to be kept for that purpose. A number plate and certificate of registration bearing the same number assigned to the application shall be delivered to the owner or lessee of the aircraft without further expense to such applicant. The certificate of registration shall be carried in the aircraft at all times and the registration number shall be conspicuously displayed on the aircraft as may be required by appropriate rule of the director.
History:
1953 Comp., § 44-5-6, enacted by Laws 1965, ch. 122, § 6; 1970, ch. 50, § 4; 1977, ch. 250, § 25.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 31, 32.
2A C.J.S. Aeronautics and Aerospace §§ 197 to 200.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-7 - Division duties.

The division shall prepare the applications for registration certificate [certificates] and registration numbers to provide for a uniform, statewide registration of aircraft and shall keep in the office of the division in Santa Fe a current index of aircraft registration.
History:
1953 Comp., § 44-5-7, enacted by Laws 1965, ch. 122, § 7; 1970, ch. 50, § 5; 1977, ch. 250, § 26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 27.
2A C.J.S. Aeronautics and Aerospace §§ 39 to 41.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-8 - Rules and regulations.

The director has the power to adopt reasonable rules and regulations for the purpose of implementing the Aircraft Registration Act.
History:
1953 Comp., § 44-5-8, enacted by Laws 1965, ch. 122, § 8; 1970, ch. 50, § 6; 1977, ch. 250, § 27.
ANNOTATIONS
No authority to provide for exemptions.
— Authority to promulgate rules to implement the act does not imply authority to promulgate regulations providing for exemptions from the assessments imposed thereby. 1972 Op. Att'y Gen. No. 72-28.
As legislature did not provide a formula for application of soldiers' exemption under former 72-1-13, 1953 Comp., to this act, director had no power to invent such a formula. 1972 Op. Att'y Gen. No. 72-28.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation § 27.
2A C.J.S. Aeronautics and Aerospace §§ 39 to 41.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-9 - Duplicate certificates.

Duplicate certificates of registration may be obtained upon proof of loss or destruction of the original by application therefor to the division and a payment of one dollar fifty cents ($1.50) for each additional certificate.
History:
1953 Comp., § 44-5-9, enacted by Laws 1965, ch. 122, § 9; 1970, ch. 50, § 7; 1977, ch. 250, § 28.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 31, 32.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-10 - Transfer of registration.

Whenever the owner or lessee of a registered aircraft transfers his title or interest thereto, the registration certificate and number issued for such aircraft shall remain with said aircraft. Upon a transfer or assignment of title or interest the owner or lessee shall endorse such assignment upon his certificate of registration, which statement shall be verified under oath by such owner or lessee. The owner or lessee shall deliver the certificate of registration and registration number to the purchaser or transferee at the time of delivery of the aircraft. If an aircraft is not registered at the time of purchase or lease, even though the aircraft may have been purchased within the state, new or used, the purchaser shall register it as provided herein.
History:
1953 Comp., § 44-5-10, enacted by Laws 1965, ch. 122, § 10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 31, 32.
2A C.J.S. Aeronautics and Aerospace § 191.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-11 - Registration fees.

A. The division shall collect the following registration fees:
(1) when the model of the aircraft is one year or less old immediately prior to the year for which it is being registered, two cents ($.02) a pound of manufacturer's maximum gross weight;
(2) when the model of the aircraft is two years old immediately prior to the year for which it is being registered, one and three-fourths cents ($.0175) a pound of manufacturer's maximum gross weight;
(3) when the model of the aircraft is three years old immediately prior to the year for which it is being registered, one and one-half cents ($.0150) a pound of manufacturer's maximum gross weight;
(4) when the model of the aircraft is four years old immediately prior to the year for which it is being registered, one and one-fourth cents ($.0125) a pound of manufacturer's maximum gross weight;
(5) when the model of the aircraft is five years or more old immediately prior to the year for which it is being registered, one cent ($.01) a pound of manufacturer's maximum gross weight;
(6) surplus military aircraft over five years old from date of manufacture, one cent ($.01) a pound of military placarded or certificated gross weight; and
(7) hot air balloons, a flat fee of ten dollars ($10.00) regardless of the age and weight of aircraft.
B. The fees charged in Subsection A of this section shall not exceed three hundred dollars ($300) per engine regardless of the weight or age of the aircraft.
C. The fees set by this section are in lieu of all personal property taxes on aircraft authorized by any law of this state. Registration certificates for part of the year issued after July 1 shall be issued at the rate of fifty percent of the annual fee.
History:
1953 Comp., § 44-5-11, enacted by Laws 1978, ch. 43, § 1; 2003, ch. 224, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 43, § 1, repealed 44-5-11, 1953 Comp. (former 64-4-11 NMSA 1978), and enacted a new section, effective March 31, 1978.
The 2003 amendment,
effective July 1, 2003, substituted "regardless" for "irrespective" following "ten dollars ($10.00)" in Paragraph A(7); added present Subsection B and redesignated former Subsection B as Subsection C; and substituted "after July 1" for "after the first day of July" following "year issued after" in Subsection C.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-12 - Aircraft dealer's and specialized-use license.

Any dealer in new or used aircraft, or both, who holds such aircraft for resale and operates them primarily for purposes incident to a resale, or owner or lessee of specialized-use aircraft, may apply to the division for a dealer's or a specialized-use license. Upon such application, the division shall issue an aircraft dealer's or a specialized-use license to the applicant for an annual fee of fifty dollars ($50.00). The dealer's or the specialized-use license shall be in lieu of all other licenses and personal property taxes upon such aircraft owned or held for resale by the dealer or specialized-use operator within this state so long as they are kept for specialized use or for resale. This does not prohibit the registering of all such aircraft as otherwise provided in the Aircraft Registration Act.
History:
1953 Comp., § 44-5-12, enacted by Laws 1965, ch. 122, § 12; 1970, ch. 50, § 9; 1977, ch. 250, § 30.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 31, 32.
2A C.J.S. Aeronautics and Aerospace § 25.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-13 - Fraudulent applications.

Any person who fraudulently uses a false or fictitious name in any application for aircraft registration or knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application shall upon conviction, be guilty of a misdemeanor.
History:
1953 Comp., § 44-5-13, enacted by Laws 1965, ch. 122, § 13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 211, 212.
2A C.J.S. Aeronautics and Aerospace §§ 285, 286.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-14 - Disposition of fees.

A. Except as provided in Subsection B of this section, all fees collected under the provisions of the Aircraft Registration Act shall be remitted to the state treasurer by the division for credit to the state aviation fund.
B. Eighty percent of registration fees collected with respect to aircraft registered pursuant to Subsection B of Section 64-4-4 NMSA 1978 and that are located on airports owned by a local government shall be distributed to the local government. The fees so distributed shall be used by the local government for airport upgrades, including repair, reconstruction and maintenance of runways and related facilities. Local government funding to the airport shall not be replaced in whole or in part by this distribution.
History:
1953 Comp., § 44-5-14, enacted by Laws 1965, ch. 122, § 14; 1970, ch. 50, § 10; 1977, ch. 250, § 31; 2003, ch. 224, § 3.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the Subsection A designation; added "Except as provided in Subsection B of this section" at the beginning of Subsection A; and added Subsection B.
2023 New Mexico Statutes › Chapter 64 - Aeronautics › Article 4 - Registration of Aircraft › Section 64-4-15 - Exemptions.

The provisions of this act [64-4-1 to 64-4-15 NMSA 1978] shall not apply to the following:
A. Public aircraft. Any aircraft owned by the state or any political subdivision thereof, or any aircraft of the United States government.
B. Nonresident aircraft. Any aircraft having a habitual situs or permanent base in another state, provided the registration requirements of such state, if any, have been complied with, with respect to such aircraft.
History:
1953 Comp., § 44-5-15, enacted by Laws 1965, ch. 122, § 15.
ANNOTATIONS
Servicemen.
— Aircraft of nonresident servicemen stationed within this state are exempt from the provisions of the Aircraft Registration Act by virtue of the federal Soldiers' and Sailors' Civil Relief Act (50 U.S.C. App. §§ 501 to 591). 1966 Op. Att'y Gen. No. 66-41 (rendered under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8A Am. Jur. 2d Aviation §§ 31, 32.
2A C.J.S. Aeronautics and Aerospace § 25.