reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-3. - Declaration of policy.

§ 1-3-3. Declaration of policy.
It is found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land and other persons in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in the airport. Accordingly, it is declared:
(1)
That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question.
(2)
That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented.
(3)
That this should be accomplished, to the extent legally by proper exercise of the police power, without compensation.
(4)
That the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards, are public purposes for which the state and its political subdivisions may raise and expend public funds and acquire land or property interests.
(5)
That any obstructions to the use of navigable airspace destroy and impair the safe use of such airspace thereby endangering aircraft and are not in the interest of public health, public safety, or general welfare.
History of Section.
P.L. 1946, ch. 1743, § 2; G.L. 1956, § 1-3-3; P.L. 1999, ch. 462, § 1.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-4. - Airport approach plans.

§ 1-3-4. Airport approach plans.
The airport corporation shall formulate, adopt, and revise, when necessary for planning, an airport airspace plan for each publicly owned airport in the state. Each plan shall indicate the circumstances under which structures and trees are, or would be, airport hazards; the area within which measures for the protection of the airport’s navigable airspace, including aerial approaches, should be taken; and what the height limits and other objectives of those measures should be. In adopting or revising any airspace plan, the airport corporation shall consider, among other things, the character of flying operations expected to be conducted at the airport; the traffic pattern and regulations affecting flying operations at the airport; the nature of the terrain; the height of existing structures and trees above the level of the airport; and the possibility of lowering or removing existing obstructions. The airport corporation may obtain and consider the views of the agency of the federal government charged with the fostering of civil aeronautics as to the aerial approaches and other regulated airspace necessary to safe flying operations at the airport.
History of Section.
P.L. 1946, ch. 1743, § 3; G.L. 1956, § 1-3-4; P.L. 1999, ch. 462, § 1; P.L. 2016, ch. 512, art. 2, § 34; P.L. 2021, ch. 349, § 2, effective July 12, 2021; P.L. 2021, ch. 350, § 2, effective July 12, 2021.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-5. - Zoning powers of political subdivisions.

§ 1-3-5. Zoning powers of political subdivisions.
(1)
In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area wholly or partly within its territorial limits shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed, airport zoning regulations for that part of the airport hazard area which is within its territorial limits, which regulations may divide the airport hazard area into zones, and, within those zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.
(2)
A political subdivision which includes an airport hazard area created by the location of a public airport shall adopt, administer, and enforce zoning ordinances pursuant to this chapter if the existing comprehensive zoning ordinance for the political subdivision does not provide for the land uses permitted, and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow in, an airport hazard area.
(3)
A political subdivision which includes an airport hazard area created by the location of a public airport shall adopt, either in full or by reference, the provisions of part 77 of title 14 of the code of federal regulations, entitled “Objects Affecting Navigable Airspace” hereinafter known as part 77.
History of Section.
P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-5; P.L. 1999, ch. 462, § 1.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-6. - Joint zoning boards.

§ 1-3-6. Joint zoning boards.
Where an airport is owned or controlled by a political subdivision or where any other publicly owned airport is in one or more political subdivisions and where any airport hazard area appertaining to that airport is located outside the territorial limits of the political subdivision or subdivisions, the political subdivisions in which the airport and airport hazard area or areas are located may, by ordinance or resolution adopted, create a joint airport zoning board. The board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area or areas in question as that vested by § 1-3-5 in the political subdivision within which the area is located. Each joint board shall have as members two (2) representatives appointed by the city or town council or other legislative body of each political subdivision participating in its creation or addition. Another member is to be chairperson, elected by a majority of the members appointed.
History of Section.
P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-6; P.L. 1999, ch. 462, § 1.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-7. - Airspace plans to be considered in zoning.

§ 1-3-7. Airspace plans to be considered in zoning.
In adopting, administering, and enforcing any airport zoning regulations under this chapter, the political subdivision or subdivisions shall consider the airport airspace plan prepared by the airport corporation and the further considerations outlined in § 1-3-4.
History of Section.
P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-7; P.L. 1999, ch. 462, § 1.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-8. - Reasonableness of zoning regulations.

§ 1-3-8. Reasonableness of zoning regulations.
All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purpose of the chapter. In addition, each political subdivision and zoning board shall consider the regulations or standards promulgated by the Federal Aviation Administration in zoning the use of land and structures in areas over which jurisdiction is assumed.
History of Section.
P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-8; P.L. 1999, ch. 462, § 1.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-9. - Continuance of existing uses.

§ 1-3-9. Continuance of existing uses.
No airport zoning regulations adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in §§ 1-3-14 — 1-3-16.
History of Section.
P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-9.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-10. - Purchase or condemnation of air rights.

§ 1-3-10. Purchase or condemnation of air rights.
In any case in which:
(1)
It is desired to remove, lower, or otherwise terminate a nonconforming use; or
(2)
The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
(3)
It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations,
the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, any air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter.
History of Section.
P.L. 1946, ch. 1743, § 11; G.L. 1956, § 1-3-10.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-11. - Procedure for adoption of regulations.

§ 1-3-11. Procedure for adoption of regulations.
No airport zoning regulations shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in § 1-3-6, after a public hearing in relation to these zoning regulations, at which parties of interest and citizens shall have an opportunity to be heard. At least fifteen (15) days’ notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which the airport or airport hazard areas are located.
History of Section.
P.L. 1946, ch. 1743, § 6; G.L. 1956, § 1-3-11; P.L. 1999, ch. 462, § 1.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-12. - Incorporation in general zoning regulations.

§ 1-3-12. Incorporation in general zoning regulations.
In the event that a political subdivision has adopted, or adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion of the area under this chapter may be incorporated in those general zoning regulations and be administered and enforced in connection with those regulations, but those general zoning regulations shall not limit the effectiveness of the regulations adopted under this chapter.
History of Section.
P.L. 1946, ch. 1743, § 5; G.L. 1956, § 1-3-12.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-13. - Conflict with general zoning regulations.

§ 1-3-13. Conflict with general zoning regulations.
In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, and whether those regulations were adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern.
History of Section.
P.L. 1946, ch. 1743, § 5; G.L. 1956, § 1-3-13.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-15. - Variances.

§ 1-3-15. Variances.
Any person desiring to erect any structures; increase the height of any structure; permit the growth of any tree; or otherwise use his or her property in violation of airport zoning regulations adopted under this chapter may apply to the board of appeals, as provided in §§ 1-3-18 — 1-3-26, for a variance from the zoning regulations in question. Variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations of this chapter.
History of Section.
P.L. 1946, ch. 1743, § 7; G.L. 1956, § 1-3-15.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-16. - Obstruction markers.

§ 1-3-16. Obstruction markers.
In granting any permit or variance under §§ 1-3-14 — 1-3-16, the administrative agency or board of appeals may, if it deems the action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, condition the permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon.
History of Section.
P.L. 1946, ch. 1743, § 7; G.L. 1956, § 1-3-16; P.L. 2016, ch. 512, art. 2, § 34.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-17. - Delegation of administration and enforcement duties.

§ 1-3-17. Delegation of administration and enforcement duties.
The legislative body of any political subdivision adopting airport zoning regulations under this chapter may delegate the duty of administering and enforcing those regulations to any administrative agency under its jurisdiction or may create a new administrative agency to perform the duty, but the administrative agency shall not be, or include any member of, the board of appeals. The duties of the administrative agency shall include that of hearing and deciding all permits under § 1-3-14 but the agency shall not have or exercise any of the powers delegated to the board of appeals.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-17.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-18. - Powers of board of appeals.

§ 1-3-18. Powers of board of appeals.
Airport zoning regulations adopted under this chapter shall provide for a board of appeals to have and exercise the following powers:
(1)
To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of this chapter or of any ordinance adopted;
(2)
To hear and decide special exceptions to the terms of the ordinances which the board may be required to pass under the ordinance; and
(3)
To hear and decide specific variances under § 1-3-15.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-18.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-19. - Composition of board of appeals.

§ 1-3-19. Composition of board of appeals.
Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of appeals. Otherwise, the board of appeals shall consist of five (5) members, each to be appointed for a term of three (3) years and to be removable for cause by the appointing authority upon written charges and after a public hearing.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-19.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-20. - Rules, meetings, and witnesses of board of appeals.

§ 1-3-20. Rules, meetings, and witnesses of board of appeals.
The board shall adopt rules in accordance with the provisions of any ordinance adopted under this chapter. Meetings of the board shall be held at the call of the chairperson and at any other times that the board may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be public.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-20; P.L. 1987, ch. 78, § 6.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-21. - Parties entitled to appeal — Filing.

§ 1-3-21. Parties entitled to appeal — Filing.
Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the political subdivision affected by any decision of the administrative agency. An appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds. The agency from which the appeal is taken shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-21.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-22. - Stay of proceedings by appeal.

§ 1-3-22. Stay of proceedings by appeal.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In the latter case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the agency from which the appeal is taken and on due cause shown.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-22.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-23. - Hearing of appeals.

§ 1-3-23. Hearing of appeals.
The board shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-23.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-24. - Decisions by board of appeals.

§ 1-3-24. Decisions by board of appeals.
The board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make any order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-24.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-25. - Majority vote of board of appeals.

§ 1-3-25. Majority vote of board of appeals.
The concurring vote of a majority of the members of the board shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency; or to decide in favor of the applicant on any matter upon which it is required to pass under any ordinance; or to effect any variation in an ordinance.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-25.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-26. - Records of board of appeals.

§ 1-3-26. Records of board of appeals.
The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record.
History of Section.
P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-26.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-27. - Judicial review.

§ 1-3-27. Judicial review.
Any person or persons jointly or severally aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board, or bureau of the political subdivision, or the airports division, may appeal to the superior court in the manner prescribed by § 45-24-63 and the provisions of that section shall in all respects be applicable to the appeal.
History of Section.
P.L. 1946, ch. 1743, § 9; G.L. 1956, § 1-3-27; P.L. 1969, ch. 239, § 49; P.L. 2016, ch. 512, art. 2, § 34.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-31. - Costs against board of appeals.

§ 1-3-31. Costs against board of appeals.
Costs shall not be allowed against the board of appeals unless it appears to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.
History of Section.
P.L. 1946, ch. 1743, § 9; G.L. 1956, § 1-3-31.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-32. - Penalty for violations — Enforcement by injunction.

§ 1-3-32. Penalty for violations — Enforcement by injunction.
Each violation of this chapter, or of any regulations, order, or ruling promulgated or made pursuant to this chapter, shall constitute a misdemeanor and shall be punishable by a fine not exceeding five hundred dollars ($500), or imprisonment not exceeding ninety (90) days, or by both, and each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter, or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff any relief, by way of injunction, which may be mandatory, or otherwise, as may be proper under all the facts and circumstances of the case, in order to fully effectuate the purposes of this chapter and of the regulations adopted and orders and ruling made pursuant to this chapter.
History of Section.
P.L. 1946, ch. 1743, § 10; G.L. 1956, § 1-3-32.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-3 - Airport Zoning › Section 1-3-33. - Severability.

§ 1-3-33. Severability.
If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1946, ch. 1743, § 12; G.L. 1956, § 1-3-33.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-1. - Short title.

§ 1-4-1. Short title.
This chapter shall be known and cited as the “Uniform Aeronautical Regulatory Act”.
History of Section.
P.L. 1940, ch. 851, § 1; G.L. 1956, § 1-4-1.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-3. - Liability of owner for injuries caused by aircraft.

§ 1-4-3. Liability of owner for injuries caused by aircraft.
Whenever any aircraft is used, operated, or caused to be operated in this state and an action is begun to recover damages for injuries arising to the person or to the property or for the death of a person, arising out of an accident or collision in which that aircraft was involved, or arising out of an accident caused by the dropping or falling of any object from that aircraft, evidence that at the time of the accident or collision it was registered in the name of the defendant as owner is prima facie evidence that it was then being operated by and under the control of a person for whose conduct the defendant was wholly responsible, and absence of that responsibility is an affirmative defense to be set up in the answer and proved by the defendant.
History of Section.
P.L. 1940, ch. 851, § 3; G.L. 1956, § 1-4-3; P.L. 2000, ch. 371, § 3.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-3.1. - Notification and reporting of aircraft accidents.

§ 1-4-3.1. Notification and reporting of aircraft accidents.
The operator of an aircraft involved in an accident or incident as defined in 49 CFR 830 shall immediately notify the chief aeronautics inspector. This notification shall be in addition to any duty to notify and provide a report to the National Transportation Safety Board under 49 CFR 830. Furthermore, the operator shall file with the chief aeronautics inspector a copy of any report filed with the National Transportation Safety Board, which shall be a public record.
History of Section.
P.L. 2000, ch. 371, § 4.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-4. - Federal registration required.

§ 1-4-4. Federal registration required.
No flight of civil aircraft, other than a foreign aircraft, is made or authorized to be made within this state unless the aircraft is possessed of valid aircraft registration and airworthiness or experimental certificates issued by the government of the United States, nor in violation of any term, specification, or limitation of those certificates. These restrictions do not apply to model aircraft operated in accordance with any regulations that the director may prescribe, or to a nonpassenger-carrying flight solely for inspection or test purposes authorized by the director or by the proper federal authority made without that certificate.
History of Section.
P.L. 1940, ch. 851, § 4; G.L. 1956, § 1-4-4.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-5. - Pilot’s license required.

§ 1-4-5. Pilot’s license required.
No person shall operate any civil aircraft within this state unless that person is the holder of an effective pilot’s license, permit, or certificate issued by the government of the United States. This restriction shall not apply to any person operating any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of licensed aircraft, nor to persons operating model aircraft, nor to any person piloting an aircraft that is equipped with fully functioning dual controls when a certified instructor is in full charge of one set of those controls. No person shall operate any civil aircraft in this state in violation of any term, specification, or limitation of his or her pilot’s license, permit, or certificate.
History of Section.
P.L. 1940, ch. 851, § 5; G.L. 1956, § 1-4-5.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-7. - Carrying and posting of license and certificate — Evidence of nonissuance.

§ 1-4-7. Carrying and posting of license and certificate — Evidence of nonissuance.
A required pilot’s license, permit, or certificate shall be kept in the personal possession of the pilot while the pilot is operating an aircraft within this state. Required aircraft certificates shall be carried in the aircraft at all times and shall be conspicuously posted in clear view of passengers. A pilot’s license, permit, or certificate and aircraft certificates shall be presented for inspection upon the demand of any passenger, any peace officer of this state, any authorized official or employee of the director, or the board, or any official, manager, or person in charge of any airport or landing field in this state upon which the pilot lands, or upon the reasonable request of any other person. In any criminal prosecution under any of the provisions of this chapter, a defendant who relies upon a license, permit, or certificate of any kind shall have the burden of proving that he or she is the possessor of a proper license, permit, or certificate. The fact of nonissuance of a license, permit, or certificate may be evidenced by a certificate signed by the official having power of issuance, or his or her deputy, under seal of office, stating that he or she has made diligent search in the records of his or her office and that from the records it appears that no license, permit, or certificate was issued.
History of Section.
P.L. 1940, ch. 851, § 6; G.L. 1956, § 1-4-7.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-8. - Duties of director.

§ 1-4-8. Duties of director.
It shall be the duty of the director to foster aeronautics within this state in accordance with the provisions of this chapter and for that purpose the director shall:
(1)
Encourage the establishment of airports and other air navigation facilities;
(2)
Make recommendations to the governor and the general assembly as to necessary legislation or action;
(3)
Study the possibilities for the development of air commerce and the aeronautical industry and trade within the state and collect and disseminate information relative to the development; and
(4)
Advise with the Federal Aviation Administration and other agencies of the federal government and with state authorities in carrying forward any research and development work the tends to increase and improve aeronautics within this state.
History of Section.
P.L. 1940, ch. 851, § 12; G.L. 1956, § 1-4-8; P.L. 2000, ch. 371, § 3.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-9. - Jurisdiction of director.

§ 1-4-9. Jurisdiction of director.
(a)
Except as otherwise specifically provided in this chapter, the director has supervision over aeronautics within the state, including:
(1)
The establishment, location, maintenance, operation, and use of airports, landing fields, air markings, air beacons, and other air navigation facilities; and
(2)
The establishment, operation, management, and equipment, of all air schools, flying clubs, and other persons giving air instruction.
(b)
All proposed airports, landing fields, and other air navigation facilities, shall be first approved by the director before they are used or operated. A political subdivision or person proposing to establish, alter, activate, or deactivate an airport or landing field shall make application to the chief aeronautics inspector, with a copy to the director, for a certificate of approval of the site selected and the general purpose or purposes for which the airport or landing field is to be established to insure that it shall conform to minimum standards or safety and shall serve public interest. A political subdivision or officer or employee, or any person shall not operate an airport, landing field, or other air navigation facility for which a certificate of approval has not been issued by the director.
(c)
The director shall establish by rules and regulations, in accordance with chapter 35 of title 42, guidelines for making application for a certificate of approval, criteria for determining whether to issue a certificate of approval, and fees for processing the applications and each renewal of certificates of approval.
History of Section.
P.L. 1940, ch. 851, § 11; G.L. 1956, § 1-4-9; P.L. 2000, ch. 371, § 3.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-10. - Rules and regulations.

§ 1-4-10. Rules and regulations.
The director shall adopt and promulgate, and may amend or repeal, rules and regulations establishing minimum standards with which all air navigation facilities, air schools, and flying clubs must comply, and shall adopt and enforce, and may amend or repeal rules, regulations, and orders, to safeguard from accident and to protect the safety of persons operating or using aircraft and persons and property on the ground, and to develop and promote aeronautics within this state. No rule or regulation of the director shall apply to airports, landing fields, air beacons or other air navigation facilities owned or operated within this state by the federal government. In order to avoid the danger of accident incident to confusion arising from conflicting rules, regulations, and orders governing aeronautics, the rules, regulations, and orders of the director shall be kept in conformity as nearly as may be with the federal legislation, rules, regulations, and orders on aeronautics, and shall not be inconsistent with paramount federal legislation, rules, regulations, and orders on the subject.
History of Section.
P.L. 1940, ch. 851, § 11; G.L. 1956, § 1-4-10.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-10.1. - Air traffic rules.

§ 1-4-10.1. Air traffic rules.
(a) Negligent, careless, or reckless operation.
No person may operate an aircraft in a negligent, careless, or reckless manner so as to endanger the life or property of another.
(b) Aerobatic flight.
No person may operate an aircraft in aerobatic flight: (1) Over any congested or residential area of a city, town, or settlement; (2) Over an open-air assembly of persons; (3) Within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport, as defined in the Federal Aviation Regulations; (4) Within four (4) nautical miles of the center line of any federal airways; (5) Below an altitude of one thousand five hundred (1,500) feet above the surface; or (6) When flight visibility is less than three (3) statute miles. For the purposes of this section, “aerobatic flight” means an intentional maneuver involving an abrupt change in an aircraft’s attitude, an abnormal attitude, or abnormal acceleration not necessary for normal flight.
(c) Minimum safe altitudes.
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(1) Anywhere.
An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface;
(2) Over a school, residential, or congested area.
Over any congested or residential area of a city, town, or settlement, or over any open-air assembly of persons, an altitude of one thousand feet (1,000) feet above the highest obstacle within a horizontal radius of two thousand (2,000) feet of the aircraft;
(3) Over other than congested areas.
An altitude of five hundred (500) feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than five hundred (500) feet to any person, vessel, vehicle, or structure;
(4) Helicopters.
Helicopters may be operated at less than the minimums prescribed in paragraphs (2) or (3) of this subsection if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with any routes or altitudes specifically prescribed for helicopters by the administrator of the Federal Aviation Administration.
(d) Severability.
If any provision of this section or the application of a provision shall for any reason, be judged invalid, that judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provisions or application directly involved in the controversy giving rise to the judgment.
History of Section.
P.L. 2000, ch. 371, § 4.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-10.3. - Abandoned aircraft.

§ 1-4-10.3. Abandoned aircraft.
(a) Authority to take.
The director, chief aeronautics inspector, aeronautical inspectors, or any police officer of the Rhode Island airport corporation, upon discovery of any aircraft or aircraft parts apparently abandoned, or of any aircraft without a currently effective state of Rhode Island or federal registration certificate, whether situated within any public or private airfield open for public use for a period in excess of one year, may take such aircraft or aircraft component into his or her custody and may cause the same to be taken away and stored in some suitable place out of public view.
(b) Lien.
All charges necessarily incurred by such custodian in the performance of carrying out the provisions of this chapter shall be a lien upon such aircraft or aircraft component in accordance with § 34-47-1. The custodian or manager of any hangar, airport facility or other place where such aircraft or aircraft component may be stored shall have a lien upon such aircraft or aircraft component for his or her storage charges.
(c) Owner may reclaim.
The owner of an aircraft or aircraft component so placed in storage may reclaim the same before any sale by paying the charges incurred.
(d) Sale authorized.
If such aircraft or aircraft component shall have been so stored for a period of ninety (90) days, the Rhode Island airport corporation may sell the same, at public auction, for cash or may otherwise dispose of such aircraft or aircraft component. No sale under the provisions herein shall be valid unless the notice required by subsection (e) of this section has been given.
(e) Notice of sale.
Notice of such sale shall be given by publishing a notice in a newspaper of state circulation at least fourteen (14) days before the sale. If the last place of abode of the owner of such aircraft or aircraft component is known to, or may be ascertained by, such custodian or manager by the exercise of reasonable diligence, a notice of the time and place of such sale shall be given to said owner by registered mail, at least fourteen (14) days prior to said sale.
(f) Application of proceeds.
The balance of the proceeds of sale, if any, after payment of the amount of liens and the reasonable expenses incident to the sale, shall be paid to the owner of such aircraft or aircraft component or his or her legal representative, if claimed at any time within one year from the date of such sale. If such balance shall not be claimed within said period, it shall be paid to the Rhode Island airport corporation.
(g) Exemption from liability.
No employee of the Rhode Island airport corporation or any officer empowered to enforce the provisions of §§ 1-4-10.2 — 1-4-14, inclusive, and any other applicable section of the uniform air regulatory act, shall be liable for any act performed under the provisions of this section.
History of Section.
P.L. 2004, ch. 27, § 1; P.L. 2004, ch. 179, § 1.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-11. - Posting, notice, and filing of rules, regulations, and orders.

§ 1-4-11. Posting, notice, and filing of rules, regulations, and orders.
(a)
Every general rule, regulation, and order of the director shall be posted for public inspection in the main aeronautics office of the director at least five (5) days before it becomes effective, and shall be given any further publicity, by advertisement in a newspaper or otherwise, as the director deems advisable.
(b)
Every order applying only to a particular person or persons named in it shall be mailed to, or served upon, that person or persons.
(c)
Every rule, regulation, and order, general or otherwise, adopted by the director shall be kept on file with the secretary of state.
History of Section.
P.L. 1940, ch. 851, § 11; G.L. 1956, § 1-4-11.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-12. - Investigations and hearings — Subpoena powers.

§ 1-4-12. Investigations and hearings — Subpoena powers.
The director has the power to conduct investigations, inquiries, and hearings concerning matters covered by the provisions of this chapter and accidents or injuries incident to the operation of aircraft occurring within this state. The director has the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, or subpoenas duces tecum, compel the attendance and testimony of witnesses, and the production of papers, books, and documents. If any person fails to comply with any subpoena, subpoena duces tecum, or order issued under authority of this chapter, the director may invoke the aid of any superior court in this state. The court may order the person to comply with the requirements of the subpoena, subpoena duces tecum, or order of the director, or to give evidence upon the matter in question. Any failure to obey the order of the court is punishable by the court as a contempt of court.
History of Section.
P.L. 1940, ch. 851, § 13; G.L. 1956, § 1-4-12.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-13. - Reports of hearings and investigations as evidence — Testimony by director, deputy director, and aeronautics inspectors.

§ 1-4-13. Reports of hearings and investigations as evidence — Testimony by director, deputy director, and aeronautics inspectors.
The reports of investigations or hearings, or any part of the reports, shall not be admitted in evidence or used for any purpose in any suit, action, or proceeding growing out of any matter referred to in those investigations or hearings, or in any report, except in the case of criminal or other proceedings instituted by, or on behalf of, the director under the provisions of this chapter; nor shall the director, nor the deputy director, nor any aeronautics inspector, be required to testify to any facts ascertained in, or information gained by reason of, his or her official capacity. Neither the director, nor the deputy director, nor any aeronautics inspector for airports, shall be required to testify as an expert witness in any suit, action, or proceeding involving any aircraft or any navigation facility.
History of Section.
P.L. 1940, ch. 851, § 14; G.L. 1956, § 1-4-13; P.L. 2000, ch. 371, § 3.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-14. - Enforcement — Cooperation of public agencies.

§ 1-4-14. Enforcement — Cooperation of public agencies.
(a)
It is the duty of the director, deputy director, aeronautics inspectors, and every state and municipal officer charged with the enforcement of state laws to enforce and assist in the enforcement of this chapter. The director is further authorized in the name of the state to enforce the provisions of this chapter by appropriate proceedings in the superior courts of this state. Other departments and political subdivisions of this state are authorized to cooperate with the director in the development of aeronautics within this state.
(b)
The director, deputy director, aeronautics inspectors, and selected employees of the Rhode Island airport corporation to whom such powers may be delegated in the discharge of the duties of their office, have, in any part of the state, the same authority to make arrests for violation of the statutes, laws, rules, and regulations relating to aviation and airport security matters, and to enforce those statutes, laws, rules, and regulations, as regular constituted law enforcement officers in the state.
(c)
The director shall issue to each selected employee credentials showing his or her authority to arrest, which credentials shall be carried upon the person of the designated employee while in the performance of his or her duties.
History of Section.
P.L. 1940, ch. 851, § 15; G.L. 1956, § 1-4-14; P.L. 1972, ch. 274, § 1; P.L. 2000, ch. 371, § 3.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-15. - Reasons for orders — Closing of facilities — Inspection powers.

§ 1-4-15. Reasons for orders — Closing of facilities — Inspection powers.
In any case where the director, pursuant to this chapter, issues any order requiring or prohibiting certain things to be done, the director shall set forth his or her reasons for the order and state the requirements to be met before approval is given or the rule, regulation, or order shall be modified or changed. In any case where the director deems the action necessary or proper, the director may order the closing of any airport or landing field, or the cessation of operations of any air school, flying club, air beacon, or other air navigation facility, until the requirements laid down by the director have been fulfilled. To carry out the provisions of this chapter, the director, deputy director, aeronautics inspectors and any officers, state or municipal, charged with the duty of enforcing this chapter, may inspect and examine, at reasonable hours, any premises, the aircraft and the buildings and other structures, where those airports, landing fields, air schools, flying clubs, air beacons, or other air navigation facilities are operated.
History of Section.
P.L. 1940, ch. 851, § 16; G.L. 1956, § 1-4-15; P.L. 2000, ch. 371, § 3.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-16. - Right to judicial review of orders.

§ 1-4-16. Right to judicial review of orders.
Any person against whom an order is entered may obtain a judicial review of that order under the provisions of chapter 35 of title 42.
History of Section.
P.L. 1940, ch. 851, § 17; G.L. 1956, § 1-4-16.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-18. - Waiver of review by failure to appeal.

§ 1-4-18. Waiver of review by failure to appeal.
If an appeal is not taken from the order of the director within the fixed period, the party against whom the order was entered shall be deemed to have waived the right to have the reasonableness or lawfulness of the order reviewed by a court and that issue shall not be tried in any court in which suit may be instituted for the penalty for failure to comply with the order.
History of Section.
P.L. 1940, ch. 851, § 19; G.L. 1956, § 1-4-18.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-19. - Penalty for violations.

§ 1-4-19. Penalty for violations.
Any person failing to comply with the requirements, or violating any of the provisions of this chapter, or the rules, regulations, or orders adopted by the director is guilty of a misdemeanor and punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment for not more than one year, or by both.
History of Section.
P.L. 1940, ch. 851, § 20; G.L. 1956, § 1-4-19.
2023 Rhode Island General Laws › Title 1 - Aeronautics › Chapter 1-4 - Uniform Aeronautical Regulatory Act › Section 1-4-20. - Severability.

§ 1-4-20. Severability.
If any provision of this chapter, or the application of this chapter to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1940, ch. 851, § 21; G.L. 1956, § 1-4-20.