reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 45. Additional personnel; compensation

§ 45. Additional personnel; compensation
(a) For purposes of the proceedings described in subsection (b) of this section, the Board or Agency may retain the services of legal counsel, official stenographers, and expert witnesses. These persons shall be in addition to its regular personnel. The Board or Agency shall fix the amount of compensation and expenses to be paid to the additional personnel.
(b) Proceedings for which additional personnel may be retained are:
(1) hearings resulting from a company’s request to seek an increase in its rates, tolls, or charges, including hearings resulting from complaints against the proposed increase;
(2) hearings resulting from a petition by a company or a person operating a company to issue stock, bonds, notes, or other evidences of indebtedness for which the approval of the Board is required by law; and
(3) hearings resulting from a petition for a merger or consolidation for which the approval of the Board is required by law.
(c) Persons employed by the State are competent to be designated to act for the same purposes and instead of or in conjunction with additional personnel retained under this section. However, when so acting, they shall not receive compensation in addition to their regular pay. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 46. Assessment of costs

§ 46. Assessment of costs
(a) The Board or the Agency may allocate the portion of the expense incurred by it in retaining additional personnel for the particular proceedings authorized in section 45 of this title to the company or companies involved in those proceedings. Periodically during the progress of the work of additional personnel, the Board or Agency shall render to the company detailed statements showing the amount of money expended or contracted for in the work of the personnel, which shall be paid by the company into the State Treasury at the time and in the manner as the Board or Agency may direct.
(b) When regular employees of the Board or Agency are employed in the particular proceedings described in section 45 of this title, the Board or the Agency may also allocate the portion of these costs to the company or companies involved in the proceedings. The costs of regular employees shall be computed on the basis of working days within the salary period. The manner of assessment and of making payments shall otherwise be as provided in subsection (a) of this section. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 203. Purpose

§ 203. Purpose
It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress:
(1) by providing for the protection and promotion of safety in aeronautics;
(2) by 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) by 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 this State and others engaged in aeronautics, and encourage and develop aeronautics;
(4) by establishing such regulations as are essential in order that persons engaged in aeronautics of every character may so engage, consistent with the safety and the rights of others; and
(5) by 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 authorities of this State. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 14, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 204. Powers of Agency generally

§ 204. Powers of Agency generally
(a) To carry out the purposes of this part, the Agency of Transportation shall have power, subject to subsection (b) of this section:
(1) To contract in the name of the State with individuals, firms, or corporations, with officials of a town, city, or village, with officials of a group of either or both of such governmental units, with officials of another state, or with officials or agencies of the federal government to carry out the purposes of this part.
(2) To receive, manage, use, or expend, for purposes directed by the donor, gifts, grants, or contributions of any name or nature made to the State for the promotion or development of aeronautics or for aeronautics facilities. The authority granted in this subdivision shall be subject to the provisions of 32 V.S.A. § 5.
(3) To operate, manage, use, exchange, lease, or otherwise deal with or dispose of, in whole or in part, land and rights in land acquired in the name of the State by purchase, gift, or otherwise, under authorization of this part, and to charge reasonable fees for such use or the use of landing areas, parking areas, buildings, and other facilities, or for services rendered. Monies received from the fees shall be paid into the State Treasury and credited to the Transportation Fund.
(4) To acquire on behalf of the State, acting either alone or with local governmental units or the federal government, by purchase or by the exercise of the right of eminent domain, property, easements, or other rights in property needed to carry out the purposes of this part. In taking property, easements, or rights in property located in this State, the right of eminent domain shall be exercised in the manner and subject to the limitations provided for in 19 V.S.A. chapter 5, except as otherwise provided in chapter 15, subchapter 2 of this part.
(b) An acquisition or transfer under this section of property or rights in property with an appraised or other estimated value of $500,000.00 or above, or of an option to acquire property with an appraised or other estimated value of $500,000.00 or above, shall be made with the specific prior approval of the General Assembly of the acquisition or transfer and its terms or, if the General Assembly is not in session, with the specific prior approval of the Joint Transportation Oversight Committee. The requirement of this subsection shall not apply, however, if the General Assembly has approved a specific project described in the annual transportation program and the scope of the project includes the acquisition or transfer of property. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 153 (Adj. Sess.), § 48; 2015, No. 40, § 13.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 206. Federal and other monies received; deposit, designation, appropriation, and disbursement

§ 206. Federal and other monies received; deposit, designation, appropriation, and disbursement
(a) The Agency is authorized to cooperate with the government of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and other navigation facilities in this State, and to comply with the provisions of the laws or regulations of the United States for the expenditure of federal monies upon airports and other air navigation facilities.
(b) The Agency is authorized to accept, receive, and receipt for federal monies and other monies, either public or private, for and in behalf of this State, appropriated to the Agency or that have been approved for receipt pursuant to 32 V.S.A. § 5 or 511.
(c) All monies accepted for disbursement by the Agency pursuant to subsection (b) of this section shall be deposited in the State Treasury and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the monies were made available, and held by the State in trust for such purposes. All monies shall be expended for the purposes for which they were made available and in accordance with federal laws and regulations and with this chapter. The Agency is authorized, whether acting for this State or as the agent of any of its municipalities, or when requested by the U.S. government or any agency or department of the U.S. government, to disburse such monies for the designated purposes, but this shall not preclude any other authorized method of disbursement. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 40, § 14.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 207a. Carrying and inspection of airman license

§ 207a. Carrying and inspection of airman license
The federal license, certificate, or permit shall be kept in the personal possession of the airman when operating within this State and must be presented for inspection upon the demand of a passenger; a peace officer of this State; an authorized official or employee of the Agency; or an official, manager, or person in charge of any airport in this State upon which there is a landing. The federal aircraft license, certificate, or permit must be carried in every aircraft operating in this State at all times and must be presented for inspection upon the demand of a passenger; a peace officer of this State; an authorized official or employee of the Agency; or an official, manager, or person in charge of any airport in this State upon which it shall land. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 7; 2019, No. 14, § 5, eff. April 30, 2019.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 208. Inspection

§ 208. Inspection
To carry out the provisions of this part, the Board or any of its members, the Secretary or officers or employees of the Agency, and any State or municipal officers charged with the duty of enforcing this part may inspect and examine at reasonable hours any premises, and the buildings and other structures, where airports, restricted landing areas, air schools, flying clubs, or other air navigation facilities or aeronautical activities are operated or carried on. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 209. Payment for acquisition of land

§ 209. Payment for acquisition of land
Whenever the Agency approves the expenditure of monies in connection with the acquisition of property for airport, landing field, or landing strip purposes in accordance with the provisions of this part, or in reimbursing local governmental units or the federal government for the State’s share of the cost of the acquisition, the Agency shall issue to the Commissioner of Finance and Management a certificate setting forth the sum so approved and the person, firm, corporation, or governmental unit to which it is payable, and the Commissioner of Finance and Management shall issue a warrant for the payment of the sum named in the certificate. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 210. Disposition of fees

§ 210. Disposition of fees
All fees specified in this chapter shall be collected by the Agency and forthwith paid into the State Treasury and credited to the Transportation Fund. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 211. Appropriation from taxes on aircraft fuel

§ 211. Appropriation from taxes on aircraft fuel
Funds appropriated from the proceeds of any tax on aircraft fuel, including jet fuel and aviation gasoline, shall be expended under the direction of the Agency exclusively for aviation purposes consistent with 49 U.S.C. § 47133 and Federal Aviation Administration regulations and policies, including to provide:
(1) navigational aids to airmen;
(2) marking, lighting, removal, or elimination of obstructions or hazards to flight; and
(3) for the improvement of landing areas or facilities that are permanently established for the public use of aircraft. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 158 (Adj. Sess.), § 35, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 212. Penalty

§ 212. Penalty
A person who violates a provision of this chapter, or a rule or order issued pursuant to this chapter, shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 221. Definitions

§ 221. Definitions
As used in this subchapter:
(1) “Airport manager” means the owner of an airport in this State or an agent authorized to act on behalf of an airport owner.
(2) “Storage operator” means a person who stores an aircraft or aircraft component at the request of an airport manager. (Added 2017, No. 158 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 222. Abandoned aircraft; authority to take custody, remove, and store; notice of intent; limitation on liability

§ 222. Abandoned aircraft; authority to take custody, remove, and store; notice of intent; limitation on liability
(a) Subject to subsection (b) of this section, an airport manager who discovers an aircraft or aircraft component apparently abandoned, or an aircraft without a currently effective federal registration certificate, on the property of the airport has authority to:
(1) take custody of the aircraft or component;
(2) arrange for the aircraft or component to be secured and stored at its current location or to be removed and stored elsewhere.
(b)(1) As used in this subsection, a “notice of intent” shall include:
(A) a statement of the airport manager’s intent to exercise authority under subsection (a) of this section and of the owner’s responsibility for reasonable charges under this subchapter;
(B) the make and the factory or identification number of the aircraft or aircraft component;
(C) the current location of the aircraft or aircraft component and the planned location for its storage; and
(D) the aircraft registration number, if any.
(2) At least 60 days prior to exercising the authority granted in subsection (a) of this section, the airport manager shall:
(A) Attempt to provide a notice of intent to the owner and to the lienholder, if any, of the aircraft or aircraft component. If the address of the last place of residence of the owner or lienholder of the aircraft or aircraft component is ascertainable through the exercise of reasonable diligence, including inquiry of the Federal Aviation Administration’s aircraft registry, the airport manager shall send the notice of intent by certified mail to the address or addresses; otherwise, the airport manager shall be deemed to have fulfilled the requirement of this subdivision (b)(2)(A) if the manager posts the notice of intent on the aircraft or aircraft component.
(B) Send a written notice of intent to the Secretary.
(c) The Secretary shall place on file notices of intent received under subdivision (b)(2)(B) of this section and, upon request, make the notices available for public inspection and copying.
(d) Except in the case of intentionally inflicted damages, an airport manager who takes custody of an aircraft or aircraft component or an airport manager or storage operator who arranges for the removal or storage of an aircraft or aircraft component under this subchapter shall not be liable to the owner or lienholder for any damages to the aircraft or aircraft component incurred while it was in the manager’s custody or during its removal or storage. (Added 2017, No. 158 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 223. Lien; right to contest costs

§ 223. Lien; right to contest costs
(a) If the notice requirements of subsection 222(b) of this title are fulfilled, all reasonable storage, removal, and other costs necessarily incurred thereafter by an airport manager or a storage operator in carrying out the provisions of this subchapter shall be a lien on the aircraft or aircraft component held by the person who incurred the costs.
(b) In exercising rights under section 224 or 226 of this title, the owner or lienholder may contest the reasonableness and necessity of the costs by bringing an action before the Transportation Board. (Added 2017, No. 158 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 224. Right of owner to reclaim

§ 224. Right of owner to reclaim
The owner or lienholder of an aircraft or aircraft component stored under this subchapter may reclaim the aircraft or aircraft component prior to any sale by paying the outstanding costs described in section 223 of this title. (Added 2017, No. 158 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 225. Sale authorized; notice of proposed sale

§ 225. Sale authorized; notice of proposed sale
(a) If the owner or lienholder has not reclaimed the aircraft or aircraft component after the aircraft manager fulfills the notice requirements of subsection 222(b) of this title, and if the airport manager fulfills the notice requirements of subsection (b) of this section, the airport manager may sell the aircraft or aircraft component in a commercially reasonable manner as described in 9A V.S.A. § 9-610 (disposition of collateral after default).
(b)(1) The notice of proposed sale required in this subsection shall include:
(A) the make and the factory or identification number of the aircraft or aircraft component;
(B) the aircraft registration number, if any;
(C) contact information for the person from whom the owner or lienholder may reclaim the aircraft or aircraft component pursuant to section 224 of this title; and
(D) the date and location of the proposed sale.
(2) At least 14 days before a sale under this section, the airport manager shall:
(A) if the value of the aircraft or aircraft component exceeds $1,000.00, publish the notice of proposed sale in a media outlet of general circulation in the municipality; and
(B) if the address of the last place of residence of the owner or the lienholder, if any, of the aircraft or aircraft component is ascertainable through the exercise of reasonable diligence, including inquiry of the Federal Aviation Administration’s aircraft registry, send the notice of proposed sale by certified mail to the address or addresses; otherwise, the airport manager shall be deemed to have fulfilled the requirement of this subdivision (b)(2)(B) if the manager posts the notice on the aircraft or aircraft component. (Added 2017, No. 158 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 9 - General Provisions; Abandoned Aircraft › § 226. Application of proceeds

§ 226. Application of proceeds
The airport manager shall pay the balance of the proceeds of the sale, if any, after payment of liens and the reasonable expenses incident to the sale, to the owner or lienholder of the aircraft or aircraft component, if claimed at any time within one year from the date of the sale. If the owner or lienholder does not claim the balance within one year, the airport manager shall retain the proceeds. (Added 2017, No. 158 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 402. Ownership of space

§ 402. Ownership of space
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 section 403 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 403. Lawful and unlawful flight; landing

§ 403. Lawful and unlawful flight; landing
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 conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without consent, or where there has been no airport, heliport, restricted landing area, or seaport established in accordance with the provisions of this title 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 airman shall be liable as provided in section 479 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 404. Contractual and other legal relations

§ 404. Contractual and other legal relations
Contractual and other legal relations entered into by airmen or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 405. Crimes, torts, and other wrongs

§ 405. Crimes, torts, and other wrongs
A crime, tort, or other wrong committed by or against an airman or passenger while in flight over this State shall be governed by the laws of this State. The question whether damages 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 law of this State. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 421. Minimum altitudes for operation

§ 421. Minimum altitudes for operation
Except when necessary for take-off or landing, or by special permission of the Agency, no person shall operate an aircraft below the following altitudes:
(1) An altitude that will permit, in the event of the failure of a power unit, an emergency landing without undue hazard to persons or property on the surface.
(2) Over congested areas of cities or towns, or over an open-air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet from the aircraft.
(3) An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In this event, the aircraft shall not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 422. Penalty for violation

§ 422. Penalty for violation
A person who violates a provision of section 421 of this title shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 423. Diversion from normal flight; careless operation

§ 423. Diversion from normal flight; careless operation
(a) An aircraft shall not be diverted from a normal flight nor engage in acrobatic maneuvers nor be so operated as to diminish the stability and safety of the aircraft when the aircraft is over a thickly settled portion of a town, city, or village or over a place where a celebration, game, or contest is being held, or over a place where a failure of the aircraft might cause personal injury or damage to property, or under 1,500 feet, unless by special permission of the Federal Aviation Administration and the Agency.
(b) No person shall operate an aircraft in a careless or negligent manner so as to endanger the life or property of others. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 425. Killing birds or animals

§ 425. Killing birds or animals
While in flight within this State, an airman or passenger who intentionally kills or attempts to kill a bird or animal shall be fined not more than $50.00 or imprisoned for not more than 60 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 426. Helicopters; aircraft engaged in crop spraying or dusting

§ 426. Helicopters; aircraft engaged in crop spraying or dusting
The Agency may adopt rules necessary to regulate the operation in flight of helicopters, or of aircraft engaged in crop spraying or dusting. The provisions of section 421 of this title shall not apply to these rules. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 23, § 69.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 427. Operating under influence of liquor or drugs; penalty; revocation of right

§ 427. Operating under influence of liquor or drugs; penalty; revocation of right
(a) No person shall operate or attempt to operate an aircraft or serve as a member of a crew while under the influence of alcohol or any habit-forming drug.
(b) A person who violates a provision of subsection (a) of this section shall be fined not less than $100.00 nor more than $1,000.00, or, if he or she is the operator of the aircraft, may be imprisoned for not more than two years, or both.
(c) [Repealed.] (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 4(c); 2017, No. 83, § 161(1).)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 428. Reporting an aircraft

§ 428. Reporting an aircraft
A person who demands money or any other thing of value or a benefit for himself or herself or another as a condition for disclosing the location of an aircraft that has crashed, crash-landed, or is missing shall be fined not more than $1,000.00 or imprisoned not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 476. Reports of accidents

§ 476. Reports of accidents
(a) The operator of an aircraft involved in an accident or incident on a State-owned airport resulting in personal injury or damage to property shall immediately notify the Agency and within 48 hours shall make a report to the Agency of the circumstances of the accident. The report shall state as accurately as possible the time, place, and cause of the accident; the injuries; and whatever other information the Agency may require. For purposes of this subsection, “accident” means an occurrence associated with the operation of an aircraft that takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or injury, or in which the aircraft or personal property owned by any person is damaged, and “incident” means an occurrence other than an accident associated with the operation of an aircraft that affects or could affect the safety of operations.
(b) The operator of an aircraft involved in an accident or incident, other than on a State-owned airport, that requires reporting to the National Transportation Safety Board under federal law shall immediately notify the Agency and within 48 hours shall make a report to the Agency of the circumstances of the accident. The report shall contain the same information as a report for an accident occurring on a State-owned airport. For purposes of this subsection, “accident” and “incident” shall have the same meaning as in 49 C.F.R. § 830.5. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 477. Removal of wrecks

§ 477. Removal of wrecks
(a) No aircraft or part of an aircraft involved in an accident in this State resulting in serious or fatal injuries or in such damage as to render the aircraft not airworthy shall be moved or disturbed except when:
(1) necessary to give assistance to persons injured or trapped in the wreckage;
(2) necessary in the interest of public safety;
(3) specific permission has been granted by an authorized representative of the Agency;
(4) prompt movement of the aircraft is necessary to protect it from further serious damage and it is impossible to communicate with any person authorized in subdivision (3) of this section to direct the removal of the wreckage; or
(5) the aircraft involved in an accident is a public aircraft.
(b) Notwithstanding the foregoing, the operator of the aircraft shall promptly remove it from the accident site after all on-site rescue and investigatory processes are completed. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 478. Minimum disturbance in movement; record of original condition

§ 478. Minimum disturbance in movement; record of original condition
Any movement of the aircraft or any part of the aircraft under section 477 of this title shall be so accomplished as to result in the minimum possible disturbance of the material concerned. Prior to movement, a record of the original position and condition of the wreckage shall be made as completely and accurately as possible under the circumstances, unless the danger to public safety is such as to permit no delay, or unless an authorized representative of the Agency has directed otherwise. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 479. Liability of owner of aircraft for injuries

§ 479. Liability of owner of aircraft for injuries
The owner of an aircraft that is operated over the lands or waters of this State is liable for injuries 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 an object from an aircraft, unless the injury is caused in whole or in part by the negligence of the person injured or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. However, the owner or lessee shall not be responsible when the aircraft causing injury or damage is taken without the knowledge or permission of the owner or lessee. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 480. Liability of airman not owner or lessee

§ 480. Liability of airman not owner or lessee
An airman who is not the owner or lessee shall be liable for the consequences of his or her own negligence. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 481. Lien for damages

§ 481. Lien for damages
The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damages caused by the aircraft or objects falling from it when the owner or lessee is liable for the damages. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 482. Determination of liability

§ 482. Determination of liability
The liability of the owner of one aircraft to the owner of another aircraft or to airmen or passengers on either aircraft for damage caused by collision on land or in the air shall be determined by the rules of law applicable to torts on land. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 483. Penalties

§ 483. Penalties
A person who violates a provision of this chapter, unless some other penalty is specifically provided, shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 484. Secretary as attorney for service of process

§ 484. Secretary as attorney for service of process
The acceptance by a person of the rights and privileges conferred upon him or her by this part of this title, as evidenced by his or her operating, or causing to be operated, an aircraft in this State, shall be deemed equivalent to an appointment by the person of the Secretary or his or her successor in office to be his or her true and lawful attorney upon whom may be served all lawful processes in any action or proceedings against the person growing out of any accident or collision in which the person may be involved while operating or causing to be operated an aircraft in this State. That acceptance shall be deemed to be the agreement of the person that any process against him or her that is so served upon the Secretary shall be of the same validity as if served on the person personally. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 485. Service on Secretary; mailing copies; fees

§ 485. Service on Secretary; mailing copies; fees
(a) Service of process under section 484 of this title shall be made by leaving a copy of the process with a fee of $20.00 with the Secretary or in his or her office. That service shall be sufficient service upon the person, provided that a copy of the process with the officer’s return, showing service upon the Secretary as provided in this section, is sent by the plaintiff to the defendant by registered mail, and provided further that the plaintiff’s affidavit of compliance with this section is filed with the process in court. The Secretary shall file copies served upon him or her as provided by this section, and show upon each copy the day and hour of service.
(b) This manner of service shall be in addition to all existing manner of service, rights, and remedies. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 13 - Operation of Aircraft › § 486. Continuances; costs

§ 486. Continuances; costs
The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee provided in section 485 of this title shall be taxed in the plaintiff’s costs, if he or she prevails in the suit. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 601. Joint acquisition and operation; lease

§ 601. Joint acquisition and operation; lease
One or more municipalities may individually or jointly acquire real property by purchase, lease, or condemnation for the purposes of this subchapter. They may establish, construct, equip, maintain, and operate an airport, landing field, or air navigation facility and may lease or sublet the same for a term of not more than 20 years. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 602. Resolution; joint committee

§ 602. Resolution; joint committee
The resolution providing for such action shall be adopted by the legislative body of the municipality or municipalities, as defined in 24 V.S.A. § 2001. If there is more than one municipality, they shall create an intermunicipal committee as their joint agent to be at all times composed of members of each of the bodies to acquire necessary real property, in the name of the municipalities jointly, and to have charge of the construction, equipment, maintenance, and operation of the airport or landing field. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 603. Details of resolution

§ 603. Details of resolution
The resolution may specify matters as to which the action of the committee shall require the joint approval of the bodies. It shall also prescribe the proportions of the cost of the project to be borne by the municipalities respectively. The monies to pay the share to be borne by each municipality may be provided in the manner prescribed by this subchapter. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 604. Extension of boundaries; abandonment; location

§ 604. Extension of boundaries; abandonment; location
The resolution may be amended from time to time with the concurrence of each of the bodies, and the boundaries of the airport or landing place may be extended or the project abandoned in like manner at any time. A joint airport or landing place established under this subchapter shall be within the county in which the municipalities or one of them is located. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 605. Single municipality; adjacent state

§ 605. Single municipality; adjacent state
A single municipality may direct an appropriate officer, board, or body to acquire or lease real property or may set apart and use real property owned by the municipality that, in the judgment of its legislative body, is not needed for any other public use, whether originally acquired by condemnation or purchase. The site for an airport or landing field must be approved by the legislative body. Sections 601-604 of this title shall apply to a single municipality as well as to two or more municipalities, provided that the legislative body of each municipality shall provide for the action by resolution. A municipality of this State is authorized to join with a municipality of an adjacent state for the purpose of this subchapter in which instance the provisions of this subchapter shall apply except as to acquisition of property in an adjacent state by condemnation proceedings. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 606. Vote; income; issuance of notes or bonds

§ 606. Vote; income; issuance of notes or bonds
An airport or landing field shall not be established or constructed, or equipped, maintained, or improved by a municipality, acting either singly or jointly with one or more other municipalities, unless and until a proposition fixing the maximum amount that may be expended by the municipality for such establishment, construction, equipment, or improvement has been submitted to an annual or special meeting of the municipality and adopted by a majority vote of the qualified voters voting on the proposition. A municipality may use and expend all income derived from the operation of the airport or landing field for maintenance and upkeep of the airport or landing field and pledge its credit and issue notes or bonds for the purposes of this subchapter in accordance with the provisions of the general law or the charter applicable to the municipality. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. Sess.), § 18, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 607. Acquisition by federal government

§ 607. Acquisition by federal government
The cities and towns of this State owning or operating a municipal airport, in order more readily to cooperate with the federal government to further national defense, are hereby empowered by their legislative bodies to lease or sell and convey to the United States or any proper department of the United States an airport for use as a government air base for the purposes of national defense and by the lease are hereby empowered to enter into any agreements with the United States or any department of the United States as the United States or the department may require for the purposes of national defense and the legislative body of the municipality may deem just and to grant to the United States the right, title, interest, control, and management for such purposes as the United States might acquire by the right of eminent domain and condemnation proceedings. Provision shall be made in such lease for adequate compensation for any damages that may be caused to private rights or interests in the airport that may arise by reason of the provisions of the lease, and provision shall also be made in the lease for the preservation of the use of the airport for civilian air commerce as the requirements of the government will permit, the purpose of the provisions of this section being to obviate the necessity of the government resorting to condemnation proceedings. In the event that any airport is sold to the United States under the provisions of this section and section 608 of this title for the purposes of national defense, the municipality shall be relieved from any obligations to hold the airport or any part of the airport for public use on reasonable terms and without discrimination. In the event the airport is leased to the federal government for the purpose of national defense, the municipality shall be relieved for the duration of the lease from any obligations to hold the airport or any part of the airport for public use on reasonable terms and without discrimination. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 608. Relations with federal government

§ 608. Relations with federal government
Municipalities of this State owning or operating a municipal airport are hereby empowered to:
(1) accept grants, loans, and assistance subject to Agency approval from the federal government for the construction, repair, improvement, and development of airport properties owned by the municipality or municipalities;
(2) cooperate with and contract in the name of the municipality or municipalities with the United States in reference to the construction, maintenance, development, or control of airport properties;
(3) contract with the federal government in reference to the future development, use, or maintenance of airport properties;
(4) match federal funds to the extent provided by federal law and grant relocation assistance and payments in the instances and on the conditions set forth by federal law and regulations when federal funds are available to provide relocation assistance and payments to persons displaced as a result of federal and federally assisted programs. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 651. Exercise of right of eminent domain

§ 651. Exercise of right of eminent domain
The Agency or a town, city, or village that is authorized, in accordance with the provisions of this part of this title or special legislation, to acquire, maintain, and operate an airport, landing field, or air navigation facility, or two or more municipalities that are authorized whenever it is necessary to acquire property within this State or some easement or other right in property in order that it may render adequate service to the public in the operation of an airport, landing field, or air navigation facility may acquire by eminent domain in the manner provided in this subchapter such property or right either within or outside its territorial limits, or both, as provided by legislation, for the construction, establishment, enlargement, or improvement of an airport, landing field, or air navigation facility. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 652. Condemnation proceedings

§ 652. Condemnation proceedings
The Secretary of Transportation or the legislative body of a municipality, as defined in 24 V.S.A. § 2001, or the committee representing two or more municipalities, when authorized by vote of their legislative bodies, may institute condemnation proceedings as provided in 19 V.S.A. chapter 5, except as otherwise provided in this subchapter. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 126 (Adj. Sess.), § 4; 2021, No. 184 (Adj. Sess.), § 31, eff. July 1, 2022; 2023, No. 6, § 16, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 653. Findings and compensation

§ 653. Findings and compensation
Necessity and compensation for such property shall be determined as provided in 19 V.S.A. chapter 5; provided, however, that “necessity” shall mean a reasonable need in order that the petitioner may render adequate service to the public in the operation of the airport, landing field, or air navigation facility. Any property or right so condemned shall be held by the municipality under an obligation to serve the general public on reasonable terms and without discrimination. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 655. Property devoted to public use

§ 655. Property devoted to public use
Property or a right in property that is devoted to a public use may be taken under this subchapter if it is alleged in the petition and found by the court in the proceedings that the public interest will be better served by the use of the property or right for the airport, landing field, or air navigation facility for which it is sought to be taken than by the continuance of the public use to which it is already devoted. However, no property in which the federal government or a department or agency of the federal government has an interest or for the development or use of which the federal government or a department or agency has expended or contributed monies under any legislative contract or arrangements where an obligation exists to refund or replace the monies so expended or contributed shall be taken under this subchapter, unless the taking is specifically approved in writing by the President of the United States or the principal officer of the appropriate department or agency of the federal government and by the Governor of this State. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. Sess.), § 19, eff. July 1, 2022.)