reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 51 - CORRECTIONAL INSTITUTIONS AND INMATES - GENERAL PROVISIONS (§§ 41-51-101 — 41-51-302) › Part 2 (§§ 41-51-201 — 41-51-202) › Section 41-51-202 - Use of restraints on pregnant inmate

(a)
Except as provided in subsection (b), beginning on the date on which a pregnancy is known to a law enforcement agency and confirmed by a healthcare professional, an inmate in the custody of a correctional institution must not be placed in restraints.
(b)
The prohibition under subsection (a) does not apply if:
(1)
An inmate is restrained solely by handcuffs in front of her body during internal escort or at any time outside of the incarceration facility;
(2)
An appropriate corrections officer makes a determination that:
(A)
The inmate is an immediate and credible flight risk that cannot reasonably be prevented by other means;
(B)
The inmate poses an immediate and serious threat of harm to herself, the unborn child, or others that cannot reasonably be prevented by other means; or
(C)
The custody or classification level of the inmate requires the use of restraints; or
(3)
A healthcare professional responsible for the health and safety of the inmate determines that the use of restraints is appropriate for the medical safety of the inmate or the unborn child.
(c)
If restraints are used pursuant to an exception under subsection (b), only the least restrictive restraints may be used that are necessary to prevent harm to the inmate, unborn child, or others, or to prevent the risk of escape.
(d)
The exceptions under subsection (b) must not be applied:
(1)
To place restraints around the ankles, legs, or waist of an inmate who is in labor or delivery;
(2)
To restrain an inmate's hands behind her back; or
(3)
To attach an inmate to another inmate.
(e)
If restraints are used on a pregnant inmate in extraordinary circumstances pursuant to subsection (b) that are outside of necessary restrained movement in a correctional environment, the corrections official shall, within seventy-two (72) hours, document in writing the extraordinary circumstances that dictated the use of the restraints to ensure the safety and security of the inmate, the unborn child, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public.
(f)
The commissioner of correction and the sheriffs, superintendents, and jail administrators of each local correctional facility shall require annual training of staff members who transport or supervise female inmates on the requirements of this part.
(g)
All inmates potentially affected by this part must be advised in a separate, clear, and concise writing of the requirements of this part, and of §
41-21-227(h)
, upon admission to the correctional institution and when known to be pregnant.
(h)
Notwithstanding subsection (b), upon the request of a healthcare professional who is responsible for the health and safety of an inmate, a corrections officer must refrain from using restraints on the inmate or must remove restraints used on the inmate.
Added by 2022 Tenn. Acts, ch. 1041, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 51 - CORRECTIONAL INSTITUTIONS AND INMATES - GENERAL PROVISIONS (§§ 41-51-101 — 41-51-302) › Part 3 - PREPARATION OF INMATES FOR RELEASE (§§ 41-51-301 — 41-51-302) › Section 41-51-302 - Regulatory authority

The department of correction and the department of safety are authorized to promulgate rules to effectuate this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 461, s 1, eff. 1/1/2024.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-101 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Aeronaut" includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight;
(2)
"Aircraft" includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft;
(3)
"Commissioner" means the commissioner of transportation;
(4)
"Department" means the department of transportation; and
(5)
"Passenger" includes any person riding in an aircraft but having no part in its operation.
Acts 1923, ch. 30, § 1; Shan. Supp., § 1616a12; Code 1932, § 2716; T.C.A. (orig. ed.), § 42-101; Acts 1981, ch. 264, § 17.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-102 - Sovereignty in space above lands and waters

Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.
Acts 1923, ch. 30, § 2; Shan. Supp., § 1616a13; Code 1932, § 2717; T.C.A. (orig. ed.), § 42-102.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-103 - Ownership in space above lands and waters is in surface owners beneath

The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in §
42-1-104
.
Acts 1923, ch. 30, § 3; Shan. Supp., § 1616a14; Code 1932, § 2718; T.C.A. (orig. ed.), § 42-103.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-104 - Air flights lawful - Exceptions - Forced landing - Liability for damages

(a)
Flight in aircraft over the lands and waters of this state is lawful unless at such a low altitude as to interfere with the existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.
(b)
The landing of an aircraft on the lands or waters of another person, without that person's consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in §
42-1-105
.
Acts 1923, ch. 30, § 4; Shan. Supp., § 1616a15; Code 1932, § 2719; T.C.A. (orig. ed.), § 42-104.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-105 - Liability of owner, pilot or lessee of aircraft for damages - Prima facie ownership

(a)
As used in this section, "owner" includes a person having full title to the aircraft or operating it through servants, and also includes a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire. "Owner" does not include a bona fide bailor or lessor of the aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft or other person having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession thereof as a result of theft or felonious conversion.
(b)
The owner and pilot, or either of them, of every aircraft that is operated over lands or waters of this state shall be liable for injuries or damage to persons or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft, or the dropping or falling of any objects therefrom in accordance with the rules of law applicable to torts in this state.
(c)
The person in whose name an aircraft is registered with the United States department of commerce or the Tennessee department of transportation shall be prima facie the owner of the aircraft within the meaning of this section.
Acts 1923, ch. 30, § 5; Shan. Supp., § 1616a16; Code 1932, § 2720; Acts 1957, ch. 325, § 1; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-105.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-106 - Rules of law of jurisdiction determining liability of owners

The liability of the owner of one (1) aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damages caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land.
Acts 1923, ch. 30, § 6; Shan. Supp., § 1616a17; Code 1932, § 2721; T.C.A. (orig. ed.), § 42-106.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-107 - Laws of this state govern as to wrongs and damages

All crimes, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over this state shall be governed by the laws of this state; and the question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the laws of this state.
Acts 1923, ch. 30, § 7; Shan. Supp., § 1616a18; Code 1932, § 2722; T.C.A. (orig. ed.), § 42-107.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-108 - Contracts and other relations made while in flight

All contractual and other legal relations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.
Acts 1923, ch. 30, § 8; Shan. Supp., § 1616a19; Code 1932, § 2723; T.C.A. (orig. ed.), § 42-108.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-109 - Dropping objects in flight - Penalty

Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within this state, drops any object except loose water or loose sand ballast, commits a Class B misdemeanor.
Acts 1923, ch. 30, § 9; Shan. Supp., § 1616a20; Code 1932, § 2724; impl. am. Acts 1947, ch. 132; C. Supp. 1950, § 2724; T.C.A. (orig. ed.), § 42-109; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-110 - Intentionally killing or attempting to kill birds or animals - Penalty

Any aeronaut or passenger who, while in flight within this state, intentionally kills or attempts to kill any birds or animals commits a Class C misdemeanor.
Acts 1923, ch. 30, § 10; Shan. Supp., § 1616a21; Code 1932, § 2725; T.C.A. (orig. ed.), § 42-110; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-111 - Damaging or extinguishing beacons - Penalty

(a)
It is unlawful for any person or persons to willfully damage, deface or extinguish any beacon, marker, guide light, directional sign, or landing area lights provided or erected in this state for the guidance of aircraft.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1947, ch. 133, §§ 1, 2; C. Supp. 1950, §§ 2726.8, 2726.9 (Williams, §§ 2726.70, 2726.71); T.C.A. (orig. ed.), § 42-119; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-112 - Uniformity of state laws - Harmony with federal requirements

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.
Acts 1923, ch. 30, § 11; Shan. Supp., § 1616a22; Code 1932, § 2726; T.C.A. (orig. ed.), § 42-111.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 1 - GENERAL REGULATIONS (§§ 42-1-101 — 42-1-113) › Section 42-1-113 - Aircraft sales and purchases - Reports

(a)
Any person who sells an aircraft in this state, any person who purchases an aircraft in this state, and every resident of this state who purchases an aircraft shall report to the commissioner of revenue the following information:
(1)
The name, sales tax registration number, and invoice number of the seller;
(2)
The name and address of the purchaser;
(3)
A description of the aircraft;
(4)
The date of sale;
(5)
The place and date of delivery;
(6)
The name of the seller, or the seller's agent, making delivery to a point outside this state;
(7)
The place the aircraft will be based;
(8)
The trade-in allowance, if any, and the total sales price; and
(9)
A statement whether Tennessee sales or use tax has been paid.
(b)
In the case of a sale in which the seller, or the seller's agent, actually makes delivery of the aircraft to a point outside this state, and in the case of a sale where the aircraft will be removed within thirty (30) calendar days of purchase to another state for use outside this state, the seller and the purchaser shall execute at the time of sale an affidavit stating that neither party has knowledge or reason to believe that the aircraft will be used in or brought back into the state of Tennessee. This affidavit shall be filed with the commissioner of revenue.
(c)
Any seller of an aircraft, or the seller's agent, making delivery of an aircraft to a point outside this state shall execute an affidavit within thirty (30) days of delivery, stating the date and place of delivery, the name and address of the person to whom delivery was made and the name and type of business the purchaser is involved in and a brief statement of purpose regarding the planned use of the aircraft. This affidavit shall be filed with the commissioner of revenue.
(d)
If the purchaser is a resident of this state, the commissioner of revenue shall send a copy of the information required in subsection (a) to the assessor of property of the county in which the purchaser resides.
Acts 1984, ch. 846, § 1.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 2 - UNLAWFUL OPERATION OF AIRCRAFT (§§ 42-1-201 — 42-1-208) › Section 42-1-201 - Operating or acting as crewmember of aircraft following alcohol or drug use - Penalty

(a)
As used in this part, "crewmember" means any person performing or assigned to perform any duty in a civil aircraft during the time that the aircraft is undergoing pre-flight inspection, boarding or carrying passengers or crew or any time the aircraft is under power or in flight.
(b)
It is an offense for any person to operate or attempt to operate, or act or attempt to act, as a crewmember of any civil aircraft:
(1)
Within eight (8) hours after consumption of any alcoholic beverage;
(2)
While under the influence of alcohol;
(3)
While using any substance that affects the crewmember's faculties in any way contrary to safety; or
(4)
With four one-hundredths of one percent (0.04%) or more by weight of alcohol in the crewmember's blood.
(c)
A violation of this section is a Class A misdemeanor. In addition to the authorized punishment for a Class A misdemeanor, the court may prohibit the defendant from operating or acting as a crewmember on an aircraft for a period not to exceed one (1) year.
Acts 1947, ch. 132, § 1; C. Supp. 1950, § 2726.1 (Williams, § 2726.62); T.C.A. (orig. ed.), § 42-112; Acts 1994, ch. 797, § 1.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 2 - UNLAWFUL OPERATION OF AIRCRAFT (§§ 42-1-201 — 42-1-208) › Section 42-1-202 - Reckless operation of aircraft unlawful - Definitions

(a)
It is unlawful for any person to operate aircraft recklessly upon or over any area within the jurisdiction of this state.
(b)
For the purposes of this part, "recklessly" means either:
(1)
The operation of aircraft, other than helicopters, at a height above the ground level over which the aircraft is being operated less than five hundred feet (500'); provided, that such operation of aircraft in time of emergency, when landing or taking off from any landing area, or when engaged in crop dusting, or health and sanitation control, fire patrol, or when simulating landings over open areas under the supervision of a flying instructor, shall not be deemed to be reckless operation;
(A)
The exemption for low flying in connection with landing or taking off shall apply only within a radius of three (3) miles from the landing area from which the plane has taken off or upon which it is about to land;
(B)
"Emergency" includes any time when the atmospheric conditions are such that the ceiling is lower than seven hundred fifty feet (750') above the ground level; or when an aircraft is being operated with mechanical defects that did not exist or that were not apparent prior to the taking off of the aircraft; or at any other time when the safety of the pilot or any passenger requires abnormally low flight;
(2)
The stunting of an aircraft at a height above the ground level over which the aircraft is being operated less than one thousand five hundred feet (1,500'). "Stunting" includes the operation of any aircraft whether the ignition be cut off or not, the steep diving of any aircraft at an angle exceeding forty-five degrees (45°) from horizontal, the looping of any aircraft, the spinning of any aircraft, the sharp turning of any aircraft in horizontal flight when the plane is banked at an angle exceeding sixty degrees (60°) from the horizontal, the slow rolling of any aircraft, the snap rolling of any aircraft, or other acrobatics, or when any aircraft is operated not in conformance with normal flight; or
(3)
The operation of any aircraft in such a manner as to unnecessarily endanger the life of any person, either within or without the aircraft.
Acts 1947, ch. 132, § 2; C. Supp. 1950, § 2726.2 (Williams, § 2726.63); T.C.A. (orig. ed.), § 42-113.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 2 - UNLAWFUL OPERATION OF AIRCRAFT (§§ 42-1-201 — 42-1-208) › Section 42-1-203 - Testing of persons arrested for violating section 42-1-201

(a)
Any person who operates or attempts to operate, or acts or attempts to act, as a crewmember of any aircraft in this state and who is arrested for a violation of §
42-1-201
is considered to have given consent to one (1) or more tests of the crewmember's blood, breath and urine, or combination thereof, for the purpose of determining the alcohol concentration or the presence of a substance that affects the crewmember's faculties in any way contrary to safety.
(b)
Testing for alcohol concentration or other substances shall be done in the same manner and by the same people as set out in §
55-10-406
, and the defendant shall have the same rights as provided by §
55-10-406
with regard to refusing to take the test.
(c)
Refusing to take a test pursuant to subsection (a) after having been requested to do so and advised of the consequences of refusal is a Class B misdemeanor with a minimum period of imprisonment of forty-eight (48) hours.
(d)
A conviction for a violation of §
42-1-201
shall not bar a conviction for refusal to take tests for alcohol or other substances pursuant to this section. A conviction for refusal to take tests for alcohol or other substances pursuant to this section shall not be a bar to a conviction for a violation of §
42-1-201
.
Amended by 2013 Tenn. Acts, ch. 154,Secs.s46, s47 eff. 7/1/2013.
Acts 1947, ch. 132, § 3; C. Supp. 1950, § 2726.3 (Williams, § 2726.64); T.C.A. (orig. ed.), § 42-114; Acts 1989, ch. 591, § 111; 1994, ch. 797, § 2.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 2 - UNLAWFUL OPERATION OF AIRCRAFT (§§ 42-1-201 — 42-1-208) › Section 42-1-204 - Penalty for violating other provisions

(a)
Any person violating any provision of this part other than the provisions of §§
42-1-201
and
42-1-203
commits a Class A misdemeanor.
(b)
For any violation of §
42-1-202
, in addition to, or in lieu of, the penalties provided in subsection (a), or as a condition to the suspension of a sentence that may be imposed pursuant thereto, the court in its discretion may prohibit the violator from operating an aircraft within the state for such period as it may determine, but not to exceed one (1) year. A violation of the duly imposed prohibition of the court may be treated as a separate offense under §
42-2-105
or as a contempt of court.
Acts 1947, ch. 132, § 4; C. Supp. 1950, § 2726.4 (Williams, § 2726.65); Acts 1957, ch. 374, § 21; T.C.A. (orig. ed.), § 42-115; Acts 1989, ch. 591, § 111; 1994, ch. 797, §§ 5, 6.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 2 - UNLAWFUL OPERATION OF AIRCRAFT (§§ 42-1-201 — 42-1-208) › Section 42-1-205 - Clerk to send copy of conviction to department of transportation

It is the duty of the clerk in any court in which the operator of an aircraft is convicted of a violation of this part to send a certified copy of the judgment to the department of transportation, the cost of the copy to be added to the costs of the criminal cause. The clerk shall include in the information sent to the department the results of any tests for alcohol or other substances that were conducted in connection with the conduct resulting in the conviction.
Acts 1947, ch. 132, § 5; C. Supp. 1950, § 2726.5 (Williams, § 2726.66); impl. am. Acts 1957, ch. 374; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-116; Acts 1994, ch. 797, § 3.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 2 - UNLAWFUL OPERATION OF AIRCRAFT (§§ 42-1-201 — 42-1-208) › Section 42-1-206 - Department to advise federal officials of conviction

It is the duty of the department of transportation to advise the officials of the federal government charged with the licensing of pilots of an aircraft whenever there has been a conviction of any person under this part, and it is further the duty of the department to petition the proper officials of the federal government to suspend the license of any pilot convicted of violating this part and to cooperate with the federal licensing officials in whatever investigation they may make in connection with any suspension hearing.
Acts 1947, ch. 132, § 6; C. Supp. 1950, § 2726.6 (Williams, § 2726.67); impl. am. Acts 1957, ch. 374; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-117.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 2 - UNLAWFUL OPERATION OF AIRCRAFT (§§ 42-1-201 — 42-1-208) › Section 42-1-207 - Armed forces and air shows excepted

The prohibitions of this part relating to reckless operation of aircraft shall not apply to:
(1)
Members of the armed forces of the United States, including the flying squadrons of the Tennessee national guard, when engaged in operating aircraft in the course of military or naval flight training requiring the type of flying defined in this part as reckless; or
(2)
Air show participants who have received prior permit and approval from the department of transportation, whenever the participants are flying within the limits set out in the permit.
Acts 1947, ch. 132, § 7; C. Supp. 1950, § 2726.7 (Williams, § 2726.68); impl. am. Acts 1957, ch. 374; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-118.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 2 - UNLAWFUL OPERATION OF AIRCRAFT (§§ 42-1-201 — 42-1-208) › Section 42-1-208 - Reports of arrests under section 42-1-201 or section 42-1-203

Within thirty (30) days of an arrest being made for a violation of §
42-1-201
or §
42-1-203
, the arresting law enforcement agency shall report the filing of charges, the results of any tests for alcohol or other substances that were conducted and the results of the trial or other subsequent proceeding, if known within that time period, to the division, branch or office of the federal aviation administration having jurisdiction for the regulation and certification of crewmembers or airplanes in the area of the agency. Law enforcement agencies possessing evidence of a violation of §
42-1-201
or §
42-1-203
shall present the evidence for use by the federal aviation administration as well as for prosecution by the state under this section.
Acts 1994, ch. 797, § 4.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 3 - HELICOPTER TOURING (§§ 42-1-301 — 42-1-303) › Section 42-1-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commercial helicopter touring" means carrying passengers by helicopter, for compensation, from one (1) site for the purpose of aerial observation of landmarks and other manmade or natural sites, touring, sightseeing or amusement or for the purpose of transporting passengers for tourist-related activities and returning the passengers to the original site;
(2)
"Primary public airport" means an airport operated by a municipal government, county government or public airport authority and regulated by the federal aviation administration; and
(3)
"Tourist resort county" means a county having more than five percent (5%) of its territory located within the boundaries of a national park established pursuant to
16 U.S.C. § 403
.
Acts 1991, ch. 212, § 2; 1991, ch. 486, § 2.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 3 - HELICOPTER TOURING (§§ 42-1-301 — 42-1-303) › Section 42-1-302 - Commercial helicopter touring - Permissible locations

No person shall engage in commercial helicopter touring in any tourist resort county or any municipality within a tourist resort county except at a primary public airport.
Acts 1991, ch. 212, § 3.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 1 - GENERAL PROVISIONS (§§ 42-1-101 — 42-1-303) › Part 3 - HELICOPTER TOURING (§§ 42-1-301 — 42-1-303) › Section 42-1-303 - Penalty

A violation of this part constitutes a nuisance and shall be subject to abatement as provided in title 29, chapter 3.
Acts 1991, ch. 212, § 4; 1991, ch. 486, § 3.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 1 - GENERAL PROVISIONS (§§ 42-2-101 — 42-2-107) › Section 42-2-102 - Purpose of chapter

It is declared that the purpose of this chapter is to further the public interest and aeronautical progress by:
(1)
Providing for the protection and promotion of safety in aeronautics;
(2)
Cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations;
(3)
Granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within its jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of the state and others engaged in aeronautics, and encourage and develop aeronautics;
(4)
Establishing only such regulations as are essential in order that persons engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and
(5)
Providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state.
Acts 1957, ch. 374, § 2; T.C.A., § 42-203.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 1 - GENERAL PROVISIONS (§§ 42-2-101 — 42-2-107) › Section 42-2-103 - Public purpose of activities - Immunity

(a)
The acquisition of any lands or interests in lands pursuant to this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports, air navigation facilities, and avigation easements and the acquisition, lighting, marking or eliminating of airport hazards, whether by the state separately or jointly with any municipality or municipalities, or airport authority, and the exercise of any other powers granted in this chapter to the department are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity, and no action or suit shall be brought or maintained against the state or any municipality, or airport authority or any officers, agents, servants, or employees of the foregoing, in or about the construction, maintenance, operation, superintendence, or management of any state or municipal airport or airport authority, navigation facility, avigation easement or airport hazard.
(b)
All lands and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
Acts 1957, ch. 374, § 11; 1977, ch. 137, § 7; T.C.A., §§ 42-219, 42-2-118.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 1 - GENERAL PROVISIONS (§§ 42-2-101 — 42-2-107) › Section 42-2-104 - Federal airman and aircraft certificates

(a)
Operation Without Certificate, Permit or License Unlawful.
It is unlawful for any person to operate or cause or authorize to be operated any civil aircraft within this state, unless that aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States. It is unlawful for any person to engage in aeronautics as an airman in the state unless that person has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing that person to engage in the particular class of aeronautics in which such person is engaged, if a certificate, permit, rating or license is required by the United States.
(b)
Exhibition of Certificates.
(1)
Where a certificate, permit, rating or such person's license is required for an airman by the United States, it shall be kept in the airman's personal possession when the airman is operating within the state and shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official or employee of the department, authorized pursuant to §
42-2-215
, to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person.
(2)
Where a certificate, permit or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in this state, shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of any peace officer, or any other officer of this state or of a municipality or member, official, or employee of the department authorized pursuant to §
42-2-215
to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.
Acts 1957, ch. 374, § 13; 1972, ch. 829, § 21; T.C.A., §§ 42-221, 42-2-120.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 1 - GENERAL PROVISIONS (§§ 42-2-101 — 42-2-107) › Section 42-2-105 - Violation of chapter, regulations or orders - Penalty

A violation of this chapter, or any of the rules, regulations or orders issued pursuant to this chapter, is a Class E felony.
Acts 1957, ch. 374, § 21; T.C.A., §§ 42-229, 42-2-128; Acts 1989, ch. 591, § 34.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 1 - GENERAL PROVISIONS (§§ 42-2-101 — 42-2-107) › Section 42-2-106 - Parachute jumps

(a)
It is unlawful for any airman or passenger to parachute jump from an aircraft that is in flight, except in an emergency declared by the pilot in command of the aircraft, or unless such jump is made in compliance with existing federal regulations as are set forth by the federal aviation administration and with the equipment as prescribed by the existing rules and regulations of the federal aviation administration. Any airman or passenger who parachute jumps from an aircraft shall comply fully with part 105 of the federal air regulations.
(b)
All permanent drop zones are to be registered with the department. The registration is to include the drop zone's location, the names of those persons responsible for activities at the drop zone, the name of the organization involved, and the written permission of the property owner or airport manager, if an airport is the drop zone.
(c)
No provision in this section shall apply to personnel of the federal or state military forces making military parachute jumps in accordance with military orders or regulations.
Acts 1957, ch. 374, § 31; 1965, ch. 211, § 1; 1972, ch. 829, § 26; 1974, ch. 695, §§ 1, 2; T.C.A., §§ 42-237, 42-2-136.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 1 - GENERAL PROVISIONS (§§ 42-2-101 — 42-2-107) › Section 42-2-107 - License, tax or payment for use of publicly owned public use airports by certain aircraft prohibited - Exception - Exemption

It is unlawful for any municipality to require the payment of any license fee, tax or otherwise charge any sum of money for the use of any publicly owned public use airport for purpose of landing, taking off or any other purpose directly connected with that purpose for aircraft whose gross weight is twelve thousand five hundred pounds (12,500 lbs.) or less, except such planes used by regularly scheduled aeronautics; provided, that this section shall not be construed to make it unlawful to require payment for overnight storage of aircraft or to charge a fee or tax in conjunction with the purchase of aviation fuel; and provided further, that all airports operated by metropolitan airport authorities created pursuant to chapter 4 of this title are exempt from this section and that the department, for good cause shown, may exempt any publicly owned public use airport from all or any portion of this section.
Acts 1957, ch. 374, § 35; 1972, ch. 829, § 21; T.C.A., § 42-241; Acts 1980, ch. 631, § 2; impl. am. Acts 1981, ch. 264, § 17; T.C.A., § 42-2-140.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-201 - Administration of chapter

The department is vested with the powers, duties and functions necessary to administer this chapter.
Acts 1957, ch. 374, § 3; impl. am. Acts 1959, ch. 9, § 3; 1969, ch. 82, § 2; 1970, ch. 554, § 1; 1972, ch. 829, § 16; 1976, ch. 806, § 1(3); impl. am. Acts 1977, ch. 137, § 10; T.C.A., § 42-204; Acts 1981, ch. 264, § 14; T.C.A., §
42-2-103
.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-202 - Office and expenses of department

Suitable offices and office equipment shall be provided by the state for the department in Davidson County, and the department, with the approval of the commissioner, or a person delegated by the commissioner to act in the commissioner's stead, has the power to make such other expenditures as are necessary to effect the purposes of this chapter, and may incur the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the administration of this chapter.
Acts 1957, ch. 374, § 3; impl. am. Acts 1959, ch. 9, § 3; Acts 1972, ch. 829, § 21; T.C.A., §§ 42-206, 42-2-105.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-205 - Operation and use of state airports and facilities

(a)
Departmental Operation.
(1)
In operating an airport, air navigation facility, or avigation easement owned or controlled by the state, the department may enter into contracts, leases and other arrangements for a term not exceeding fifty (50) years with any persons:
(A)
Granting the privilege of using or improving the airports or air navigation facility or any portion or facility of the airports or air navigation facility or space in the airports or air navigation facility for commercial purposes;
(B)
Conferring the privilege of supplying goods, commodities, things, services, or facilities at such airport or air navigation facility; or
(C)
Making available services to be furnished by the department or its agents at such airport or air navigation facility.
(2)
In each case, the department may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with the due regard to the property and improvements used and the expenses of operation to the state; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, avigation easement or portion or facility of the airport or avigation easement.
(b)
Other Operation.
The department may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years the privilege of operating, as agent of the state or otherwise, any airport owned or controlled by the state; provided, that no person shall be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport that the department might not have undertaken under subsection (a).
(c)
Liens.
To enforce the payment of any charges for repairs to, or improvements, or storage or care of, any personal property made or furnished by the department or its agents in connection with the operation of an airport or air navigation facility owned or operated by the state, the state shall have liens on the property, which shall be enforceable by the department as provided by law.
Acts 1957, ch. 374, § 7; 1972, ch. 829, § 21; T.C.A., §§ 42-215, 42-2-114.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-206 - State airways

(a)
The department may designate, design, and establish, expand, or modify a state airways system that will best serve the interest of the state.
(b)
It may chart such airways system and arrange for publication and distribution of such maps, charts, notices and bulletins relating to airways that may be required in the public interest.
(c)
The system shall be supplementary to and coordinated in design and operation with the federal airways system.
(d)
The system may include all types of air navigation facilities, whether publicly or privately owned, if such facilities conform to federal safety standards.
Acts 1957, ch. 374, § 8; 1972, ch. 829, § 21; T.C.A., §§ 42-216, 42-2-115.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-207 - Contracts by department of transportation

All contracts made by the department either as agent for the state, any municipality, or any airport authority shall be made pursuant to the laws of the state governing the making of like contracts; provided, that where the planning, acquisition, construction, improvement, maintenance, or operation of any airport, air navigation facility, avigation easement or the acquisition, lighting, marking or elimination of any airport hazard is financed wholly or partially with federal moneys, the department, as agent of the state, of any municipality, or of any airport authority, may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder.
Acts 1977, ch. 137, § 6; T.C.A., § 42-217; Acts 1981, ch. 264, §§ 16, 17; T.C.A., § 42-2-116.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-208 - Exclusive rights not to be granted - Effect of section

The department shall not grant any exclusive right for the use of any airway, airport, or air navigation facility under its jurisdiction. This section shall not be construed to prevent the making of contracts, leases and other arrangements pursuant to §§
42-2-204
and
42-2-205
.
Acts 1957, ch. 374, § 10; 1972, ch. 829, § 21; T.C.A., §§ 42-218, 42-2-117.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-209 - Rules, regulations and standards of department

(a)
Power to Issue.
(1)
The department may perform acts, issue and amend orders and make, promulgate, and amend reasonable, general or special rules, regulations and procedures, and establish minimum standards, consistent with this chapter, that it deems necessary to carry out this chapter and to perform its duties under this chapter, commensurate with and for the purpose of protecting and ensuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instructions in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state.
(2)
No rule or regulation of the department shall apply to airports or air navigation facilities owned or operated by the United States.
(b)
Conformity to Federal Legislation and Rules.
All rules and regulations prescribed by the department under the authority of this chapter shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the rules, regulations, and standards duly issued under that legislation.
Acts 1957, ch. 374, § 12; 1972, ch. 829, § 21; T.C.A., §§ 42-220, 42-2-119.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-210 - Licensing of air schools and aeronautics instructors

(a)
Regulations; Issuance of Licenses; Fees.
The department is authorized to provide for the licensing of air schools, and of aeronautics instructors giving instructions in ground subjects pertaining to aeronautics. For each license of an air school, it may charge a fee not exceeding fifteen dollars ($15.00), and for each license of an aeronautics instructor in ground subjects pertaining to aeronautics, it may charge a fee not exceeding ten dollars ($10.00), except that the fee for the license of an aeronautics instructor shall not be charged in addition to the fee for the license of an air school in the event there is only one (1) aeronautics instructor instructing at that air school and that instructor is the operator of the air school. Any person licensed under this section must be then currently licensed as an instructor-pilot by the civil aeronautics authority of the United States.
(b)
Refusal to Issue Suspension or Revocation.
The department may refuse to issue or may suspend or revoke, temporarily or permanently, any license of an air school or aeronautics instructor required pursuant to this section if it reasonably determines upon notice and opportunity for hearing that such air school or aeronautics instructor is not qualified. In arriving at such determination, the department shall be governed by the standards prescribed in §
42-2-209
, and shall consider, among other things, whether the school or instructor has violated any statute of this state or the United States relating to aeronautics or the rules and regulations promulgated pursuant to those statutes, or whether the aeronautics instructor or any aeronautics instructor of the air school is addicted to the use of narcotics or other habit-forming drugs or to the excessive use of intoxicating liquor, or has made any false statements of a material nature in connection with an application to the department under this chapter, or has been guilty of conduct dangerous to the public safety or the safety of those engaged in aeronautics.
(c)
Unlawful Operation.
It is unlawful for a person to operate an air school or for any aeronautics instructor to give instructions in ground subjects pertaining to aeronautics without an appropriate license as may be duly required by rule or regulation promulgated under subsection (a). It is unlawful for any aeronautics instructor to give instruction in flying unless the instructor has an appropriate effective instructor's rating, certificate, permit or license as a flight instructor issued by the United States.
Acts 1957, ch. 374, § 14; 1972, ch. 829, § 21; T.C.A., §§ 42-222, 42-2-121.