reglab/statecodes huggingface dataset:
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 5 - Ports-Of-Entry › Section 502 - Motor vehicles to stop at ports-of-entry -- Signs -- Exceptions -- Rulemaking -- By-pass permits.

Effective 5/3/2023
72-9-502.
Motor vehicles to stop at ports-of-entry -- Signs -- Exceptions -- Rulemaking -- By-pass permits.
(1) Except under Subsection (3), a motor carrier operating a motor vehicle with a gross vehicle weight or gross combination weight of 26,001 or more pounds, whichever is greater, shall stop at a port-of-entry as required under this section.
(2) The department may erect and maintain signs directing motor vehicles to a port-of-entry as provided in this section.
(3) A motor vehicle required to stop at a port-of-entry under Subsection (1) is exempt from this section if:
(a) the total one-way trip distance for the motor vehicle would be increased by more than 5% or three miles, whichever is greater if diverted to a port-of-entry;
(b) the motor vehicle is operating under a temporary port-of-entry by-pass permit issued under Subsection (4); or
(c) the motor vehicle is an implement of husbandry as defined in Section 41-1a-102 being operated only incidentally on a highway as described in Section 41-1a-202.
(4)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for the issuance of a temporary port-of-entry by-pass permit exempting a motor vehicle from the provisions of Subsection (1) if the department determines that the permit is needed to accommodate highway transportation needs due to multiple daily or weekly trips in the proximity of a port-of-entry.
(b) The rules under Subsection (4)(a) shall provide that one permit may be issued to a motor carrier for multiple motor vehicles.
Amended by Chapter 296, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 5 - Ports-Of-Entry › Section 503 - Authority to enter agreement with other states for joint port-of-entry operation.

72-9-503.
Authority to enter agreement with other states for joint port-of-entry operation.
(1) The executive director of the department may negotiate and enter into bilateral agreements with a representative designated by a contiguous state for the construction, operation, maintenance, and staffing of a jointly occupied port-of-entry.
(2) The agreement may provide for the collection of highway user fees, registration fees, permit fees, fuel taxes, and any other fees and taxes by either state jointly occupying a port-of-entry.
(3) The agreement may provide for the enforcement of state and federal laws as provided in this chapter.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 6 - Tow Truck Provisions › Section 601 - Tow truck motor carrier requirements -- Authorized towing certificates.

Effective 7/1/2017
72-9-601.
Tow truck motor carrier requirements -- Authorized towing certificates.
(1) In addition to the requirements of this chapter, a tow truck motor carrier shall:
(a) ensure that all the tow truck motor carrier's tow truck operators are properly:
(i) trained to operate tow truck equipment;
(ii) licensed, as required under Title 53, Chapter 3, Uniform Driver License Act; and
(iii) complying with the requirements under Sections 41-6a-1406 and 72-9-603;
(b) ensure that all the tow truck motor carrier's tow truck operators:
(i) have cleared the criminal background check required in Subsections 72-9-602(2) and (3); and
(ii) obtain and maintain a valid medical examiner's certificate under 49 C.F.R. Sec. 391.45; and
(c) obtain and display a current authorized towing certificate for the tow truck motor carrier, and each tow truck and tow truck operator, as required under Section 72-9-602.
(2) A tow truck motor carrier may only perform a towing service described in Section 41-6a-1406, 41-6a-1407, or 72-9-603, with a tow truck and tow truck operator that has a current authorized towing certificate under this part.
Amended by Chapter 298, 2017 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 6 - Tow Truck Provisions › Section 602.5 - Certificate by endorsement.

Effective 5/3/2023
72-9-602.5.
Certificate by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of a profession described in Section 72-9-602.
(2) Subject to Subsections (4) through (6), the department shall issue a certificate described in Section 72-9-602 to an applicant who has been licensed in another state, district, or territory of the United States if:
(a) the department determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the certificate;
(b) the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (6), the department may issue a certificate described in Section 72-9-602 to an applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
(i)
(A) the department determines that the applicant's education, experience, and skills demonstrate competency in the occupation for which certification is sought; and
(B) the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or
(ii) the department determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the certificate; or
(b) has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and
(ii) the department determines that the education or experience was substantially similar to the education or experience requirements for the certificate.
(4) The department may refuse to issue a certificate to an applicant under this section if:
(a) the department determines that there is reasonable cause to believe that the applicant is not qualified to receive the certificate; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's other license.
(5) Before the department issues a certificate to an applicant under this section, the applicant shall:
(a) pay a fee determined by the department under Section 63J-1-504; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the occupation for which certification is sought.
(6) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 6 - Tow Truck Provisions › Section 605 - Exception from part.

72-9-605.
Exception from part.
This part does not apply to a person who is towing a vehicle owned by that person in a noncommercial operation.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 6 - Tow Truck Provisions › Section 607 - Required process before removal from towing rotation.

Effective 5/14/2019
72-9-607.
Required process before removal from towing rotation.
(1) Each political subdivision or state agency that establishes a towing rotation to facilitate tows initiated by the political subdivision or state agency shall establish a policy for an appeals process to hear and decide appeals from a decision to suspend or remove a tow truck motor carrier or tow truck operator from a towing rotation.
(2) In conducting an appeal as described in Subsection (1):
(a) the appeal process may be conducted by a single appeal officer or a panel; and
(b) an individual hearing an appeal, whether as a single appeal officer or as part of a panel, may not be the same individual who made the decision to suspend or remove the tow truck motor carrier or tow truck operator from the towing rotation.
Enacted by Chapter 373, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 7 - Penalties, Fines, and Fees › Section 701 - Penalty for unlawful conduct.

72-9-701.
Penalty for unlawful conduct.
(1) Unless otherwise specified, any person who violates a provision of this chapter or who aids or abets another person in a violation of this chapter is guilty of a class B misdemeanor.
(2) A second or subsequent conviction for a violation of this chapter or of aiding or abetting another person in a violation of this chapter is a class A misdemeanor.
Amended by Chapter 140, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 7 - Penalties, Fines, and Fees › Section 702 - Existing rights of action unaffected -- Penalties cumulative.

72-9-702.
Existing rights of action unaffected -- Penalties cumulative.
(1) This chapter may not be construed to have the effect of releasing or waiving any right of action by the state, the department or any person for any right, penalty, or forfeiture which may have arisen or occurred under any law of this state before May 10, 1983, or which arises or occurs after May 10, 1983.
(2) All penalties accruing under this chapter are cumulative, and a suit for the recovery of one penalty is not a bar to and shall not affect the recovery of any other penalty or forfeiture, and is not a bar to any criminal prosecution against any motor carrier, or any officer, director, agent, or employee of a motor carrier, or any other corporation or person, or a bar to the exercise by the department, through the court, of its power to punish for contempt.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 7 - Penalties, Fines, and Fees › Section 703 - Civil penalties for violations -- Compromise.

72-9-703.
Civil penalties for violations -- Compromise.
(1) In addition to any other penalties, a motor carrier that fails or neglects to comply with any provision of the Constitution of this state, statute, or any rule or order of the department is subject to a civil penalty of not less than $500 nor more than $2,000 for each offense.
(2) Every violation of any provision of the constitution of this state, statute, or any rule or order of the department, is a separate and distinct offense. Each day's continuance of the violation is a separate and distinct offense.
(3)
(a) The civil penalty may be compromised by the department and a determination of compromise is appealable by the person alleged to have committed the violation. In determining the amount of the penalty or the amount agreed upon in compromise, the department shall consider the:
(i) gravity of the violation; and
(ii) good faith of the person charged in attempting to achieve compliance after notification of the violation.
(b) The amount of the penalty when finally determined or the amount agreed upon in compromise may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in the courts of this state.
(4) In construing and enforcing the provisions of this chapter relating to penalties, the act, omission, or failure of any officer, agent, or employee of any motor carrier, acting within the scope of his official duties or employment, is deemed to be the act, omission, or failure of the motor carrier.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 7 - Penalties, Fines, and Fees › Section 704 - Assignment of administrative law judge.

72-9-704.
Assignment of administrative law judge.
(1) The department shall assign an administrative law judge to hear contested matters.
(2) The administrative law judge's orders shall be reviewed by the department.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 9 - Motor Carrier Safety Act › Part 7 - Penalties, Fines, and Fees › Section 705 - Disposition of fees and civil fines.

72-9-705.
Disposition of fees and civil fines.
All fees and civil fines received and collected under this chapter shall be transmitted daily to the state treasurer and deposited in the Transportation Fund.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 103 - Rulemaking requirement.

Effective 5/3/2023
72-10-103.
Rulemaking requirement.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules:
(a) governing the establishment, location, and use of air navigation facilities;
(b) regulating the use, licensing, and supervision of all airports and vertiports in this state;
(c) establishing minimum standards with which all air navigation facilities, flying clubs, aircraft, gliders, pilots, and airports must comply; and
(d) safeguarding from accident and protecting the safety of persons operating or using aircraft and persons and property on the ground.
(2) The rules may:
(a) require that any device or accessory that forms part of any aircraft or its equipment be certified as complying with this chapter;
(b) limit the use of any device or accessory as necessary for safety; and
(c) develop and promote aeronautics within this state.
(3)
(a) To avoid the danger of accident incident to confusion arising from conflicting rules governing aeronautics, the rules shall conform as nearly as possible with federal legislation, rules, regulations, and orders on aeronautics.
(b) The rules may not be inconsistent with paramount federal legislation, rules, regulations, and orders on the subject.
(4) The department may not require any pilot, aircraft, or mechanic who has procured a license under the Civil Aeronautics Authority of the United States to obtain a license from this state, other than required by this chapter.
(5) The department may not make rules that conflict with the regulations of:
(a) the Civil Aeronautics Authority; or
(b) other federal agencies authorized to regulate the particular activity.
(6) The department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Amended by Chapter 216, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 104 - Investigations and hearings -- Powers.

72-10-104.
Investigations and hearings -- Powers.
(1) The department may conduct investigations, inquiries, and hearings concerning matters covered by this chapter and accidents or injuries incident to the operation of aircraft occurring within this state.
(2) The department may:
(a) administer oaths and affirmations;
(b) certify to all official acts;
(c) issue subpoenas;
(d) compel the attendance and testimony of witnesses; and
(e) compel the production of papers, books, and documents.
(3)
(a) If any person fails to comply with any subpoena or order issued by the department, the department may petition any district court in this state to order compliance.
(b) The district court may order the person to comply with the requirements of the subpoena or order of the department, or to give evidence upon the matter in question.
(c) Any failure to obey the order of the court may be punished by the court as contempt.
Renumbered and Amended by Chapter 270, 1998 General Session
Amended by Chapter 365, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 105 - Reports of investigations or hearings -- Restrictions on use -- Employees of department not required to testify.

Effective 5/14/2019
72-10-105.
Reports of investigations or hearings -- Restrictions on use -- Employees of department not required to testify.
(1) The reports of investigations or hearings, or any part of them, may not be admitted in evidence or used for any purpose in any suit, action, or proceeding growing out of any matter referred to in the investigations or hearings, or in any report of them, except in case of criminal or other proceedings instituted by or on behalf of the department under this title.
(2) An employee of the department may not be required to testify to any fact ascertained in or information gained by reason of his official capacity.
(3) The employees of the department may not be required to testify as expert witnesses in any suit, action, or proceeding involving any aircraft or any navigation facility.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 106 - Enforcement of chapter -- Fees for services by department.

Effective 5/14/2019
72-10-106.
Enforcement of chapter -- Fees for services by department.
(1)
(a) The department and every county and municipal officer required to enforce state laws shall enforce and assist in the enforcement of this chapter.
(b) The department may enforce this chapter by injunction in the district courts of this state.
(c) Other departments and political subdivisions of this state may cooperate with the department in the development of aeronautics within this state.
(2)
(a) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department.
(b) Each fee shall be reasonable and fair, and shall reflect the cost of the service provided.
(c) Each fee established in this manner shall be submitted to and approved by the Legislature as part of the department's annual appropriations request.
(d) The department may not charge or collect any fee proposed in this manner without approval by the Legislature.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 107 - Procedures -- Adjudicative proceedings.

Effective 5/14/2019
72-10-107.
Procedures -- Adjudicative proceedings.
The department shall conduct adjudicative proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 108 - Payment of expenses of administration.

Effective 5/14/2019
72-10-108.
Payment of expenses of administration.
The department shall pay the expenses of the administration of this part out of the special funds set up by the state treasurer for that purpose.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 109 - Certificate of registration of aircraft required -- Exceptions.

Effective 5/3/2023
72-10-109.
Certificate of registration of aircraft required -- Exceptions.
(1)
(a) A person may not operate, pilot, or navigate, or cause or authorize to be operated, piloted, or navigated within this state any civil aircraft domiciled in this state unless the aircraft has a current certificate of registration issued by the department.
(b) The restriction described in Subsection (1)(a) does not apply to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of the registered aircraft or to a non-passenger-carrying flight solely for inspection or test purposes authorized by the Federal Aviation Administration to be made without the certificate of registration.
(2) Aircraft centrally assessed by the State Tax Commission are exempt from the state registration requirement under Subsection (1).
(3) Beginning on January 1, 2024, a person may not operate in this state an unmanned aircraft system or an advanced air mobility aircraft for commercial operation for which certification is required under 14 C.F.R. Part 107 or 135 unless the aircraft has a current certificate of registration issued by the department.
Amended by Chapter 216, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 110.5 - Uniform fee on aircraft -- Collection of fee by department -- Distribution of fees.

Effective 1/1/2019
72-10-110.5.
Uniform fee on aircraft -- Collection of fee by department -- Distribution of fees.
(1) In accordance with Utah Constitution, Article XIII, Section 2, Subsection (6), beginning on January 1, 2009, an aircraft required to be registered with the state is:
(a) exempt from the tax imposed by Section 59-2-103; and
(b) in lieu of the tax imposed by Section 59-2-103, subject to a uniform statewide fee of $25, assessed in accordance with Section 59-2-407.
(2)
(a) The department shall collect the uniform fee and distribute the uniform fee to the county in which the aircraft is based.
(b) A based aircraft is an aircraft that is hangared, tied down, parked, or domiciled in the state for a plurality of the year.
(3)
(a) The uniform fees received by a county under Subsection (2) shall be distributed to each taxing entity within the county in the same proportion in which revenues collected from the ad valorem property tax are distributed.
(b) Each taxing entity described in Subsection (3)(a) that receives revenues from the uniform fee imposed by this section shall distribute the revenues in the same proportion in which revenues collected from the ad valorem property tax are distributed.
(4) The remedies for nonpayment of the uniform fee described in this section are as described in Section 59-2-407.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to implement this section.
Enacted by Chapter 436, 2018 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 111.5 - Aircraft public liability insurance requirements -- Proof of public liability insurance.

Effective 5/5/2021
72-10-111.5.
Aircraft public liability insurance requirements -- Proof of public liability insurance.
(1) Subject to Subsection (2), an aircraft owner shall:
(a) maintain public liability insurance coverage for the aircraft that conforms to the requirements described in Section 31A-22-1300; and
(b) provide a certificate of insurance issued by an insurer as proof of the owner's valid public liability insurance covering the aircraft as part of any lease agreement with a term of six months or more between the aircraft owner and a public airport.
(2) Subsection (1) applies to an aircraft only if the aircraft is:
(a) an operable fixed-wing aircraft; and
(b) used for flight.
Enacted by Chapter 253, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 112 - Failure to register -- Penalty -- Compliance audits and inspections -- Rulemaking.

Effective 1/1/2019
72-10-112.
Failure to register -- Penalty -- Compliance audits and inspections -- Rulemaking.
(1) Failure to register any aircraft required to be registered with the state subjects the owners of the aircraft to the same penalties provided for motor vehicles under Sections 41-1a-1101, 41-1a-1301, and 41-1a-1307.
(2)
(a) The department shall conduct compliance audits and inspections as needed to enforce state laws related to the registration of aircraft.
(b) The department shall coordinate with airport operators to determine and verify accurate reporting of aircraft that are based within the state for the purpose of administering and enforcing state aircraft registration laws.
(3)
(a) In addition to the penalties described in Subsection (1), the department may impose a fine of 10% of the registration fee for the first month and 5% of the registration fee for each subsequent month an aircraft is operated in violation of Section 72-10-109.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall makes rules establishing procedures for the enforcement of state aircraft registration laws and the administration of penalties described in this section.
(c) The department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in all adjudicative proceedings conducted for the enforcement of penalties under this section.
Amended by Chapter 436, 2018 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 113 - Pilot's certificate of competency required -- Exceptions.

72-10-113.
Pilot's certificate of competency required -- Exceptions.
(1) A person may not pilot within this state any civil aircraft unless that person is the holder of a currently effective pilot's certificate of competency issued by the government of the United States.
(2) This restriction does 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 the licensed aircraft.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 114 - Mechanic's certificate of competency.

72-10-114.
Mechanic's certificate of competency.
(1) Mechanics will be rated as airframe or powerplant mechanics.
(2) A person may hold a plurality of certificate of competency, including both classes of mechanic's certificate of competency or a pilot's and mechanic's certificate of competency.
(3) The certificate shall be a currently effective certificate of competency issued by the government of the United States.
(4) This restriction does not apply to mechanics employed by the United States government.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 115 - Certificate carried subject to inspection -- Burden of proving validity of certificate in criminal proceedings.

Effective 5/14/2019
72-10-115.
Certificate carried subject to inspection -- Burden of proving validity of certificate in criminal proceedings.
(1) The certificate of license or permit required of a pilot or a student shall be kept in the personal possession of a licensee or permittee operating an aircraft within the state.
(2) The certificate of license required for an aircraft shall be carried in the aircraft at all times and shall be conspicuously posted in clear view of passengers.
(3) The certificate of pilot's license, student's permit, or aircraft license shall be presented for inspection upon the demand of any peace officer of this state, any authorized official or employee of the department, or any official, manager, or person in charge of any airport in this state upon which it shall land, or upon the reasonable request of any other person.
(4) In any criminal prosecution under this title, a defendant who relies upon a license or permit of any kind has the burden of proving that the defendant is properly licensed or is the possessor of a proper license or permit.
(5) The fact of nonissuance of a license or permit may be evidenced by a certificate signed by the official having power of issuance, or his deputy, under seal of office, stating that a diligent search in the office records has been made and that from the records it appears that no license or permit was issued.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 116 - Restrictions on use of lands or waters of another.

Effective 5/10/2016
72-10-116.
Restrictions on use of lands or waters of another.
(1)
(a) The landing or taking off of aircraft on or from the lands or waters of another without consent is unlawful, except in the case of a forced landing.
(b) For damages caused by a takeoff or landing, the owner, lessee of the aircraft, operator, or any of them is liable.
(2)
(a) A student pilot may not land on any area without the knowledge of the operator, instructor, or school from which the student is flying.
(b) The use of private landing fields must not impose a hazard upon the person or property of others.
Amended by Chapter 224, 2016 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 117 - Aircraft landing permits -- Eligible aircraft -- Special licenses -- Rules -- Proof of insurance -- Bonds.

Effective 5/5/2021
72-10-117.
Aircraft landing permits -- Eligible aircraft -- Special licenses -- Rules -- Proof of insurance -- Bonds.
(1)
(a) The county executive of any county may issue a permit authorizing an aircraft to land on or take off from designated county roads.
(b) The county executive of any county may issue a permit to an aircraft operated:
(i) as an air ambulance;
(ii) as a pesticide applicator; or
(iii) by or under contract with a public utility and used in connection with inspection, maintenance, installation, operation, construction, or repair of property owned or operated by the public utility.
(2) The county executive of any county may issue a permit under this section to other aircraft under rules made by the department.
(3)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for issuing a special license to:
(i) an aircraft permitted by a county executive to land on a county road; and
(ii) a pilot permitted to operate an aircraft licensed under this subsection from a county road.
(b) The rules made under this subsection shall include provisions for the safety of the flying and motoring public.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for the landing and taking off of aircraft to which permits have been issued under this section, which may include annual reports of activities of the aircraft.
(5) Before obtaining a permit or license under this section, the applicant shall file with the county executive and the department proof of public liability insurance coverage that meets the requirements described in Section 31A-22-1300.
(6) In addition to the insurance required under this section, either the county executive or the department may require the posting of a bond to indemnify the county or department against liability resulting from issuing the permit or license under this section.
Amended by Chapter 253, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 118 - Reason for department order to be stated -- Closing airports -- Notice -- Right of inspection.

Effective 5/14/2019
72-10-118.
Reason for department order to be stated -- Closing airports -- Notice -- Right of inspection.
(1) If the department rejects an application for permission to operate or establish an airport, or issues any order under this chapter that requires or prohibits certain actions, its order shall:
(a) contain the reasons for the rejection or order; and
(b) state the requirements to be met before approval will be given or the order changed.
(2) The department may order the closing of any airport until its requirements have been fulfilled.
(3)
(a) An airport not meeting the standards required by the department shall:
(i) be given notice of its noncompliance; and
(ii) have 10 days from the receipt of that notice to respond to the department with a plan and schedule for compliance.
(b) If the airport fails to respond within the required time, the department may revoke the airport license and close the airport.
(4) The department and any state, county, or municipal officer charged with the duty of enforcing this chapter may inspect and examine at reasonable hours any premises, buildings, or other structures where regulated airports are operated.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 119 - Judicial review.

72-10-119.
Judicial review.
(1) Any person against whom an order has been entered may obtain judicial review.
(2) Venue for judicial review of informal adjudicative proceedings is in the district court of the county in which the order was made or the county in which property affected by the order is located.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 120 - Violations -- Penalty.

72-10-120.
Violations -- Penalty.
A person who fails to comply with the requirements of or violates any provision of this part is guilty of a class B misdemeanor.
Amended by Chapter 140, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 121 - Severability clause.

72-10-121.
Severability clause.
If any provision of this part or its application to any person or circumstances is held invalid, this invalidity may not affect other provisions or applications of the part which can be given effect without the invalid provision or application and to this end the provisions of this part are declared to be severable.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 122 - Construction of chapter.

72-10-122.
Construction of chapter.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 123 - Sovereignty in space above land and water in state.

72-10-123.
Sovereignty in space above land and water in state.
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.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 124 - Report of death or serious injury to person or property.

72-10-124.
Report of death or serious injury to person or property.
If in the operation of civil aircraft death or serious injury to person or to property results, a report shall be made in accordance with federal aviation regulations.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 125 - Report of injury to aircraft or property.

72-10-125.
Report of injury to aircraft or property.
All accidents in the operation of civil aircraft which cause injury to aircraft or property shall be reported in accordance with federal aviation regulations.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 126 - Marking buildings to aid navigation.

Effective 5/14/2019
72-10-126.
Marking buildings to aid navigation.
(1) The department may cooperate with the officials of all state institutions for the purpose of marking one building within their group as an aid to aerial navigation.
(2) The marking is subject to the approval of the department and shall comply with the requirements of the United States civil aeronautics authority for air marking.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 127 - Tampering with aircraft forbidden.

72-10-127.
Tampering with aircraft forbidden.
It shall be unlawful for any person, without express or implied authority of the owner, to operate, climb upon, enter, manipulate the controls or accessories of, set in motion, remove parts or contents of, or otherwise tamper with any civil aircraft within this state, or knowingly cause or permit the same to be done.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 128 - Tampering with airport or equipment forbidden.

72-10-128.
Tampering with airport or equipment forbidden.
A person may not interfere or tamper with any airport, landing field, or airway, or the equipment thereof.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 129 - Expenditures for Civil Air Patrol.

Effective 5/14/2019
72-10-129.
Expenditures for Civil Air Patrol.
(1) The department may expend state aeronautics funds for the Utah wing of the Civil Air Patrol to be used to:
(a) purchase aviation facilities, training, supplies, and equipment;
(b) defray maintenance and rental costs of hangar facilities and aircraft;
(c) purchase maintenance supplies and equipment for the communications network of the Civil Air Patrol; and
(d) provide administrative costs approved by the department.
(2) The expenditures may not exceed in any fiscal year the amount appropriated to the Utah wing of the Civil Air Patrol by the Legislature.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 130 - Approval of expenditures for Civil Air Patrol.

72-10-130.
Approval of expenditures for Civil Air Patrol.
An expenditure of state funds for the civil air patrol may not be made unless a purchase order is first approved by the director of aeronautics under guidelines established by the department and unless the funds are specifically used as required in this chapter.
Renumbered and Amended by Chapter 270, 1998 General Session
Amended by Chapter 365, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 131 - Tax-exempt status of Civil Air Patrol equipment.

72-10-131.
Tax-exempt status of Civil Air Patrol equipment.
Equipment, aircraft and vehicles owned by the civil air patrol and used for the emergency service needs of the state of Utah are given tax-exempt status.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 1 - Uniform Aeronautical Regulatory Act › Section 133 - Marking of meteorological evaluation towers.

Effective 5/5/2021
72-10-133.
Marking of meteorological evaluation towers.
(1) As used in this section:
(a) "Meteorological evaluation tower" means a permanent or temporary tower used for meteorological evaluation that:
(i) is supported by guy wires and ground anchors; and
(ii) has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other meteorological monitoring equipment is mounted.
(b) "Meteorological evaluation tower" does not include:
(i) a tower registered with the Federal Communications Commission; or
(ii) a tower that is primarily used to support telecommunications equipment, including:
(A) a microwave relay facility; and
(B) a tower erected for the purpose of providing commercial mobile radio service or commercial mobile data service, as those terms are defined in 47 C.F.R. Sec. 20.3.
(2) Except as required by federal law, rule, or regulation, a meteorological evaluation tower shall be marked as described in Subsection (3) if the tower is:
(a) over 50 feet in height;
(b) located outside of an incorporated city or town; and
(c) on land that is primarily rural, undeveloped, or used for agricultural purposes.
(3)
(a) A meteorological evaluation tower shall:
(i) be painted in equal alternating bands of aviation orange and white, beginning with orange at the top and bottom of the tower, to be visible in clear air during daylight hours from a distance of at least two thousand feet;
(ii) have a high-visibility safety sleeve at least seven feet long on each guy wire, extending from the anchor point along each guy wire attached to the anchor point;
(iii) have a spherical marker attached to the top third of each of the highest guy wires; and
(iv) have a flashing light at the top of the tower that, when flashing, is visible during nighttime from a distance of at least two thousand feet.
(b) The owner of a meteorological evaluation tower shall replace the markings described in Subsection (3)(a) when they become inoperable, faded, or otherwise deteriorated.
(4) The owner of a meteorological evaluation tower erected before May 5, 2021, shall meet the requirements of this section before May 5, 2022.
Enacted by Chapter 34, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 201 - Powers of department -- Acceptance of property.

Effective 5/14/2019
72-10-201.
Powers of department -- Acceptance of property.
The department, a county, or municipal legislative body may accept contributions of money or real or personal property for the purpose of establishing, developing, operating, or maintaining airports under this part.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 202 - Cooperation with counties, municipalities, and federal government -- Expenditures by department.

Effective 5/14/2019
72-10-202.
Cooperation with counties, municipalities, and federal government -- Expenditures by department.
(1) The department may:
(a) cooperate with counties and municipalities in developing and constructing airports;
(b) make agreements on behalf of the state with any county or municipality regarding the financial participation, construction, and operation of any airports;
(c) cooperate with the federal government in establishing airports; and
(d) accept from the United States of America, money to be matched with the funds of the state and funds appropriated by any county or municipality in developing and constructing airports under the Uniform Airports Act.
(2) The department may expend not to exceed 10% of its annual appropriation from the Aeronautics Restricted Account upon any one project under this chapter.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 203 - Department and counties, municipalities, and airport authorities authorized to acquire and regulate airports.

Effective 5/14/2019
72-10-203.
Department and counties, municipalities, and airport authorities authorized to acquire and regulate airports.
(1) The department and municipalities, counties, and airport authorities may acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports for the use of aircraft and may use for these purposes any available property that is owned or controlled by the department or by a municipality, county, or airport authority.
(2) A county may not exercise the authority conferred in this section outside of its geographical limits except jointly with an adjoining county.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 204 - Lands acquired by department and counties, municipalities, and airport authorities -- Declaration of public purpose.

Effective 5/14/2019
72-10-204.
Lands acquired by department and counties, municipalities, and airport authorities -- Declaration of public purpose.
Any land acquired, owned, leased, controlled, or occupied by the department or by a county, municipality, or airport authority for the purposes enumerated in Section 72-10-203, is acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 205 - Acquisition of property -- Condemnation.

Effective 5/14/2019
72-10-205.
Acquisition of property -- Condemnation.
(1) Private property needed by the department or a county, municipality, or airport authority for an airport or landing field or for the expansion of an airport or landing field may be acquired by grant, purchase, lease, or other means if the department or the political subdivision is able to agree with the owners of the property on the terms of acquisition.
(2) If no agreement can be reached, the private property may be obtained by condemnation in the manner provided for the state or a political subdivision to acquire real property for public purposes.
Amended by Chapter 431, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 10 - Aeronautics Act › Part 2 - Uniform Airports Act › Section 206 - Payment by appropriation or sale of bonds.

72-10-206.
Payment by appropriation or sale of bonds.
The purchase price or award for real property acquired, in accordance with the provisions of this part, for an airport or landing field may be paid for by appropriation of money available for the property or wholly or partly from the proceeds of the sale of bonds of the county, municipality, or other political subdivision, as the legislative body of the political subdivision shall determine, subject to the adoption of a proposition at a regular or special election, if the adoption of a proposition is a prerequisite to the issuance of bonds of the political subdivision for public purposes generally.
Renumbered and Amended by Chapter 270, 1998 General Session