reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-15 - Enforcement of department actions

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 4-21.5; IC 8-9.5; IC 8-21-1
Sec. 15.
(a) The
				department shall after notice and opportunity for hearing to any holder of a
				certificate of site approval and/or operating certificate of approval, revoke
				such certificate(s) and order said public-use airport closed when it shall
				reasonably determine:
(1) that there has been
				a failure within the time prescribed, or if no time was prescribed, within a
				reasonable time to develop the site as a public-use airport;
(2) that there has been failure to maintain
				compliance with the conditions of the certificate(s);
(3) that the physical appearance would
				indicate that there has been an abandonment of the site as a public-use
				airport;
(4) that because of change
				of physical or legal conditions or circumstances that site is no longer
				suitable for aeronautical purposes for which the approval was
				granted.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-16 - Inspections

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 16.
An applicant for, or a holder of, a public-use airport
				  operating certificate or site approval shall offer full cooperation to any
				  authorized representative of the department inspecting the airport or airport
				  site. The department is entitled to reasonable access to the lands, buildings,
				  equipment, and operating records of a certificated airport or approved airport
				  site. To fulfill its safety inspection at any airport, state law provides that
				  a person who recklessly prevents or obstructs the department from inspecting an
				  airport commits a Class B misdemeanor.
Transferred from Department of Transportation ( 100 IAC
					 3-4-16 ) to Indiana Department of Transportation ( 105 IAC 3-3-16 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-17 - Requirements for private-use airports

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 17.
Sections 18 through 26 of this regulation ( 100 IAC 3-4 )
[this rule]
shall apply to all private-use airports in the
				  state.
Transferred from Department of Transportation ( 100 IAC
					 3-4-17 ) to Indiana Department of Transportation ( 105 IAC 3-3-17 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-18 - General policy

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 18.
It shall be the policy of the department to encourage and
				  support the establishment of private-use airports in the state and to issue
				  certificates of site approval to all private-use airports meeting the following
				  requirements excepting those requirements which have been waived by the
				  department.
Transferred from Department of Transportation ( 100 IAC
					 3-4-18 ) to Indiana Department of Transportation ( 105 IAC 3-3-18 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-19 - Establishment of airport without site approval unlawful

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 19.
(a) It shall
				be unlawful for any person to establish, construct, activate or operate any
				private-use airport without first being issued a certificate of site approval
				by the department. Depiction of a private-use airport on state aeronautical
				charts is not required.
(b) A
				certificate of site approval issued by the department shall remain valid
				indefinitely, unless it is revoked by the department, pursuant to section 24 of
				this regulation ( 100 IAC 3-4 )
[this rule]
, or until such
				time as the airport is closed, whether voluntarily by the owner, or by order of
				the department or any court of general jurisdiction.
(c) Any person or municipality who desires to
				open or reactivate any private-use airport which has been closed and/or for
				which the certificate of site approval has been revoked by the department must
				apply for a new certificate of site approval pursuant to section 21 of this
				regulation ( 100 IAC 3-4 )
[this rule]
.
Transferred from Department of Transportation ( 100 IAC
					 3-4-19 ) to Indiana Department of Transportation ( 105 IAC 3-3-19 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-20 - Failure to apply for certificate of site approval

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 20.
Failure to apply for a certificate of site approval for a
				  private-use airport from the department as required in section 19
[of
				  this rule]
shall result in appropriate actions by the department to
				  close the airport. The department may invoke the aid of any court of general
				  jurisdiction to carry out its orders by injunction or other legal
				  process.
Transferred from Department of Transportation ( 100 IAC
					 3-4-20 ) to Indiana Department of Transportation ( 105 IAC 3-3-20 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-21 - Application for certificate of site approval

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 21.
(a)
				Application for a certificate of site approval for a private-use airport shall
				be made on forms prescribed and furnished by the department, and shall be
				accompanied by:
(1) A section of a current
				federal or state sectional aeronautical chart or topographic map depicting an
				area of at least a 25 nautical mile radius surrounding the plotted position of
				the proposed private-use airport.
(2) A detailed drawing on forms provided by
				the department, which shows the proposed site and the immediate adjacent area,
				prepared in such manner as will clearly indicate the initial and ultimate
				stages of airport development, airport property lines, obstructions, other
				general characteristics of the airport including distance and direction to the
				nearest city or town, and depict the air traffic pattern for the proposed
				private-use airport.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-22 - Standards for issuing certificate of site approval

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 22.
(a) In
				determining whether it shall issue a certificate of site approval for any
				private-use airport, the department shall take into consideration its proposed
				location, size and layout, whether there are safe areas available for expansion
				purposes, whether the adjoining area is free from obstructions based on a
				proper approach ratio, the nature of the terrain, the nature of the uses to
				which the proposed airport will be put, the possibilities for future
				development, and such other factors as, under the circumstances, it regards as
				having an important bearing thereon.
(b) Certificates of site approval may be
				granted with such restrictions and limitations as the department deems
				reasonable and necessary for safe airport operations.
(c) A certificate of site approval shall not
				be issued by the department when the Federal Aviation Administration has issued
				an objectionable airspace determination.
(d) The following commercial operations are
				prohibited at private-use airports unless specifically approved by the
				department: the carrying of passengers or cargo for hire; student instruction;
				rental or sales of aircraft; sale of aviation fuel or oil; air meets or
				exhibitions; advertising for any of the above; or any activity which solicits
				the general public to use the airport.
(e) In addition to the foregoing
				requirements, a certificate of site approval for a private-use seaplane base
				shall not be issued by the department unless any governmental body, authority
				or person having jurisdiction over the body of water has given approval for use
				of the site as a private-use seaplane base.
Transferred from Department of Transportation ( 100 IAC
					 3-4-22 ) to Indiana Department of Transportation ( 105 IAC 3-3-22 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-23 - Waivers

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 23.
(a) The
				department may, in its discretion, waive strict compliance with the
				requirements set forth in section 22(C) and (D)
[of this rule]
subject to the following conditions:
(1) When the Federal Aviation Administration
				has issued an objectionable airspace determination, the department will
				consider a petition for a waiver if the private-use airport owner changes the
				airport status to "personal-use" with FAA, and agrees to not have the airport
				shown on any aeronautical charts. Under no circumstances will the department
				grant a waiver if the objectionable airspace determination by FAA is due to
				incompatible air traffic patterns with any other airport, whether private or
				public-use.
(2) When the owner of a
				private-use airport petitions the department to issue a waiver concerning the
				prohibition of commercial operations at the airport, the department will review
				the request based on the following criteria:
(A) whether the proposed commercial
				operations are the type that will solicit the general public to use the
				private-use airport; and
(B)
				whether the design and layout of the private-use airport would satisfy the
				minimum safety standards and requirements set forth in sections 11(C) or 12
[of this rule]
and required of all public-use airports.
Any waiver of commercial operations by the department at a
				  private-use airport does not authorize the use of the airport by any person or
				  municipality other than the owner and persons specifically authorized by the
				  owner of the private-use airport. (b) All petitions for a waiver shall be on
				  forms prescribed and furnished by the department, shall be sworn to by the
				  applicant and shall contain a clear concise statement of the facts together
				  with a request that a certain requirement be waived. Any waiver granted by the
				  department shall remain valid as long as the conditions and circumstances at
				  the airport remain unchanged.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-24 - Enforcement of department actions

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 4-21.5; IC 8-9.5; IC 8-21-1
Sec. 24.
(a) The
				department shall after notice and opportunity for hearing to any holder of a
				certificate of site approval, revoke such certificate and order said
				private-use airport closed when it shall reasonably determine:
(1) that there has been a failure within the
				time prescribed, or if no time was prescribed, within a reasonable time to
				develop the site as a private-use airport;
(2) that there has been failure to maintain
				compliance with the conditions of the certificate of site approval;
(3) that the physical appearance would
				indicate that there has been an abandonment of the site as a private-use
				airport;
(4) that because of change
				of physical or legal conditions or circumstances that site is no longer
				suitable for aeronautical purposes for which the approval was
				granted.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-25 - Inspections

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 25.
The department may, in its discretion, inspect any
				  private-use airport to determine whether a certificate of site approval should
				  be issued, to investigate any complaints received concerning the airport, to
				  determine whether a petition for a waiver should be granted, or for any other
				  probable cause. An applicant for, or a holder of, a private-use airport
				  certificate of site approval shall offer full cooperation to any authorized
				  representative of the department inspecting the airport or airport site. To
				  fulfill its safety inspection at any airport, state law provides that a person
				  who recklessly prevents or obstructs the department from inspecting an airport
				  commits a Class B misdemeanor.
Transferred from Department of Transportation ( 100 IAC
					 3-4-25 ) to Indiana Department of Transportation ( 105 IAC 3-3-25 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-26 - Change of status or abandonment

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 26.
(a) Any
				person who desires to expand and change a private-use airport to a public-use
				airport must first apply to the department for a new certificate of site
				approval for a public-use airport as specified in section 6 of this regulation
				( 100 IAC 3-4 )
[this rule]
.
(b) Upon the abandonment or closure of any
				private-use airport, the owner or operator shall notify the department, in
				writing, of such abandonment or closure immediately, and shall notify the
				appropriate Flight Service Station (FSS) of such closing.
Transferred from Department of Transportation ( 100 IAC
					 3-4-26 ) to Indiana Department of Transportation ( 105 IAC 3-3-26 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-27 - Requirements for temporary airports

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 27.
Sections 28 through 31 of this regulation ( 100 IAC 3-4 )
[this rule]
shall apply to all temporary airports in the
				  state.
Transferred from Department of Transportation ( 100 IAC
					 3-4-27 ) to Indiana Department of Transportation ( 105 IAC 3-3-27 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-28 - Establishment of temporary airport without approval unlawful

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 28.
It shall be unlawful for any municipality or person to
				  establish, construct, use or operate any temporary airport without prior
				  written approval from the department.
Transferred from Department of Transportation ( 100 IAC
					 3-4-28 ) to Indiana Department of Transportation ( 105 IAC 3-3-28 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-29 - Application for approval of temporary airport

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 29.
(a)
				Application for approval of a temporary airport shall be made on forms
				prescribed and furnished by the department and shall be accompanied by:
(1) A section of a current federal or state
				sectional aeronautical chart or topographic map depicting an area of at least a
				25 nautical mile radius surrounding the plotted position of the proposed
				temporary airport.
(2) A detailed
				drawing on forms provided by the department, which shows the dimensions of the
				proposed airport facilities, property lines, any obstructions in the approach
				areas, and the air traffic pattern for the proposed temporary
				airport.
(3) Written consent of
				property owner(s) unless applicant holds title in fee simple to the proposed
				site.
(4) A statement pertaining to
				the type of temporary use proposed for the site.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-30 - Standards for issuing notices

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 30.
(a) The
				department shall inspect the proposed site for a temporary airport and if it
				finds the site to be of such size and nature, in the opinion of the department,
				as to be safe for use by the type of aircraft that will be used in the
				operations and to have clear and unobstructed approaches to the landing area,
				the department shall issue an approval notice.
(b) The department may issue an approval
				notice for a temporary airport for any specified amount of time, not to exceed
				thirty (30) days. Upon a clear showing by the applicant that an emergency
				exists, the department may grant time extensions to the approval
				notice.
Transferred from Department of Transportation ( 100 IAC
					 3-4-30 ) to Indiana Department of Transportation ( 105 IAC 3-3-30 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-31 - Failure to apply for approval notice

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 31.
Failure to apply to the department for approval notice for a
				  temporary airport at least 15 days prior to beginning operations shall result
				  in appropriate actions by the department to close the airport. The department
				  may invoke the aid of any court of general jurisdiction to carry out its orders
				  by injunction or other legal process.
Transferred from Department of Transportation ( 100 IAC
					 3-4-31 ) to Indiana Department of Transportation ( 105 IAC 3-3-31 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-32 - Specific exemptions

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1; IC 15-16-5-48
Sec. 32.
This regulation ( 100 IAC 3-4 )
[this rule]
pertaining to the department's authority to issue certificates of site
				  approval, operating certificates of approval, and approval notices does not
				  apply to provisional landing sites.
A provisional landing site is any area, site or location
				  which is not classified as an airport, has no based aircraft, and is only used
				  on an occasional basis with the landowner's permission by helicopters,
				  lighter-than-air aircraft, or aircraft engaged in aerial applications to
				  agricultural lands in accordance with the following statutory
				  restrictions:
(a) Agricultrual
[sic.]
applications if the applicator:
(1) is licensed as a pesticide operator by
				the state chemist and has met the requirements of Indiana Code 15-3-3.6-6
[IC 15-3 was repealed by P.L. 2-2008, SECTION 83, effective July 1,
				2008.]
, and
(2) has
				received permission to use the land for agricultural aviation purposes from the
				owner or lessee of the land.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-33 - Penalties

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 33.
(a) State
				law provides that any person who does not fall within the exemptions set forth
				above and who uses a provisional landing site for agricultural applications or
				helicopter operations commits a Class B infraction.
(b) State law provides that any person who
				operates a lighter-than-air aircraft in violation of this exemption commits a
				Class B infraction.
Transferred from Department of Transportation ( 100 IAC
					 3-4-33 ) to Indiana Department of Transportation ( 105 IAC 3-3-33 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-34 - Severability

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 34.
The provisions of this regulation ( 100 IAC 3-4 )
[this rule]
are severable, and the finding by any court that
				  any provision is invalid does not affect the validity of the remaining
				  portions.
Transferred from Department of Transportation ( 100 IAC
					 3-4-34 ) to Indiana Department of Transportation ( 105 IAC 3-3-34 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 4 - Ultralight Flightparks › Section 4-1 - Purpose

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-21-1
Sec. 1.
The purpose of this rule is to provide a voluntary
				  certification program for ultralight flightparks that will provide guidance and
				  standardization for the preferred characteristics desired for modern ultralight
				  flightparks. Ultralight flightparks are areas, sites, or locations specifically
				  adapted and used for the landing and taking off of ultralights. While mandatory
				  standards have been deemed unnecessary and unduly burdensome to the ultralight
				  industry, the continuing development of ultralights has made it desirable to
				  institute this program to make the public user aware of those flightparks that
				  meet the criteria for maximizing safety in operations. Failure to participate
				  in this certification program should not be construed as being deficient,
				  rather those flightparks participating should be considered as meeting all
				  desirable standards for modern ultralight flightparks.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 4 - Ultralight Flightparks › Section 4-2 - Application for certified ultralight flightparks

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-21-1
Sec. 2.
Proposed or existing ultralight flightparks that desire to
				  be certified shall file an application on forms and in the manner prescribed by
				  the Indiana department of transportation and shall be accompanied by the
				  following:
(1) A section of a federal
				or state sectional aeronautical chart depicting an area of at least a
				twenty-five (25) nautical mile radius surrounding the plotted position of the
				proposed certified ultralight flightpark.
(2) A detailed drawing on forms provided by
				the Indiana department of transportation, which will show the proposed site and
				the immediate adjacent area, prepared in such manner as will:
(A) clearly indicate the initial and ultimate
				stages of:
(i) flightpark
				development;
(ii) flightpark
				property lines;
(iii) obstructions;
				and
(iv) other general
				characteristics of the area, including distance and direction to the nearest
				city or town; and
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 4 - Ultralight Flightparks › Section 4-3 - Standards for certified ultralight flightparks

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-21-1
Sec. 3.
(a) In
				determining whether it shall issue certification of an ultralight flightpark,
				the Indiana department of transportation may take into consideration the
				following:
(1) The proposed:
(A) location;
(B) size;
(C) layout;
(D) expansion options; and
(E) approach ratios.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 4 - Ultralight Flightparks › Section 4-4 - Alteration or expansion of existing certified ultralight flightparks

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-21-1
Sec. 4.
Any alteration or expansion to a certified ultralight
				  flightpark should be approved by the Indiana department of transportation prior
				  to construction to ensure certification can be maintained. Application for
				  approval of an alteration or expansion may be made by filling
[sic.,
				  filing]
a copy of either Federal Aviation Administration Form 7480-1,
				  "Notice of Landing Area Proposal" or Federal Aviation Administration Form
				  7460-1, "Notice of Proposed Construction or Alteration" with the Indiana
				  department of transportation. As used in this section, "alteration or
				  expansion" includes, but is not limited to, any of the following:
(1) Any change in the length, width,
				direction, or surface of runways or landing strips.
(2) Construction or installation of any
				building or other obstacle on the certified ultralight flightpark property,
				including ultralight parking or tie-down areas.
(3) Change in any markings.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 4 - Ultralight Flightparks › Section 4-5 - Noncompliance

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-21-1
Sec. 5.
Any certified ultralight flightpark not in compliance with
				  the minimum safety standards in section 3 of this rule, as determined by an
				  Indiana department of transportation inspection, shall correct the noted
				  deficiencies within thirty (30) days following notice of the deficiencies from
				  the Indiana department of transportation. The Indiana department of
				  transportation will provide technical assistance, as requested by any certified
				  ultralight flightpark owner or operator, to assist the flightpark in satisfying
				  the minimum physical standards; however, failure to correct the noted
				  deficiencies within the established time element shall result in appropriate
				  actions taken by the Indiana department of transportation to revoke state
				  certification under section 6 of this rule.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 4 - Ultralight Flightparks › Section 4-6 - Enforcement of department actions

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 4-21.5-3; IC 8-21-1
Sec. 6.
(a) The
				Indiana department of transportation shall, after notice and opportunity for
				hearing to any certified ultralight flightpark, revoke such certification when
				it reasonably determines the following:
(1)
				There has been failure to maintain compliance with the conditions of the
				certification.
(2) The physical
				appearance would indicate that there has been abandonment of the site as a
				certified ultralight flightpark.
(3) That because of physical or legal
				conditions or circumstances that site no longer meets the standards by which
				the approval was granted.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 4 - Ultralight Flightparks › Section 4-7 - Inspections

Current through July 10, 2024
Authority: IC
				  8-23-2-6
Affected: IC 8-21-1
Sec. 7.
An applicant for or the holder of a certificate for an
				  ultralight flightpark shall offer full cooperation to any authorized
				  representative of the Indiana department of transportation inspecting the
				  ultralight flightpark. The Indiana department of transportation is entitled to
				  reasonable access to the lands, buildings, equipment, and operating records of
				  a certified ultralight flightpark. To fulfill safety inspections at any
				  certified ultralight flightpark, state law provides that a person who
				  recklessly prevents or obstructs the Indiana department of transportation from
				  inspecting an ultralight flightpark commits a Class B misdemeanor.
*
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 4 - LIGHTER-THAN-AIR AIRCRAFT › Rule 1 - General Provisions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 8-21-1-8
Affected: IC 8-21-1-10.1
Sec. 1.
Applicability. These regulations shall apply to any
				  lighter-than-air aircraft and to any pilot-in-command of a lighter-than-air
				  aircraft, including free balloons (both hot air with and without an airborne
				  heater and gas) and airships (both hot air with and without an airborne heater
				  and gas), but specifically excluding any moored balloons, kites, unmanned
				  rockets and unmanned free balloons and any lighter-than-air aircraft that are
				  not subject to Federal Aviation Regulations as now in effect or hereafter
				  amended, operating within the territorial limits of the State of
				  Indiana.
Transferred from Department of Transportation ( 100 IAC
					 4-1-1 ) to Indiana Department of Transportation ( 105 IAC 4-1-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 4 - LIGHTER-THAN-AIR AIRCRAFT › Rule 1 - General Provisions › Section 1-2 - Operations

Current through July 10, 2024
Authority: IC 8-21-1-8
Affected: IC 8-21-1-10.1
Sec. 2.
Operations. All operations of balloons, airships, and other
				  lighter-than-air aircraft operating in the State of Indiana shall be in
				  compliance with the Federal Aviation Regulations and the Regulations of the
				  Aeronautics Commission of Indiana.
All lighter-than-air aircraft shall carry airworthiness
				  certificates, registrations, certificates of inspections, and display the state
				  registration sticker with the airworthiness certificate.
For purposes of this article, a person, other than a student
				  pilot, shall be deemed to be the pilot-in-command with respect to any period of
				  time during which he is manipulating the controls of a lighter-than-air
				  aircraft or acting as flight instructor on said aircraft. A student pilot shall
				  be deemed to be the pilot-in-command only when he is manipulating the controls
				  of a lighter-than-air aircraft during a solo flight.
Each pilot-in-command of lighter-than-air aircraft shall
				  assure the following items:
(1) Before
				beginning a flight, familiarize himself/herself with all available information
				concerning that flight including weather reports and forecasts.
(2) All flights shall be properly logged in
				the pilot log book and shall contain information locating initial takeoff and
				final landing sites, date, time of flight and number of intermediate landings.
(for the purposes of this article, an intermediate landing,
				  shall be any contact of the aircraft with earth or any object thereon).
(3) Minimum fuel required for
				initial takeoff will be sufficient to allow for an estimated 30 minutes of
				flight on hot air balloons with airborne heaters.
(4) Maximum flight time will allow for a
				minimum of 15% usable fuel, by volume, to remain in one tank at the time of
				final landing.
(5) Before inflation
				and initial takeoff passengers and crew members shall be instructed as to the
				appropriate procedures relating to the operation of said aircraft, the
				retrieval of said aircraft after final landing and the appropriate methods of
				crowd control to promote the safety of persons and property within the near
				vicinity of said aircraft.
Transferred from Department of Transportation ( 100 IAC
					 4-1-2 ) to Indiana Department of Transportation ( 105 IAC 4-1-2 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 4 - LIGHTER-THAN-AIR AIRCRAFT › Rule 1 - General Provisions › Section 1-3 - Area of operations

Current through July 10, 2024
Authority: IC 8-21-1-8
Affected: IC 8-21-1-8; IC 8-21-1-10.1
Sec. 3.
Area of Operations. If a balloon takeoff or landing area is
				  located where operations do not endanger lives or property on the ground and do
				  not interfere with other authorized use of the navigable airspace, the takeoff
				  or landing area need not be approved, licensed or registered by the Commission.
				  Operations at the takeoff or landing area shall be carried out in a prudent
				  manner and with due regard for safety.
(1) The pilot-in-command assumes financial
				responsibility for any damage caused by the takeoff, landing or the recovery of
				the balloon.
(2) The
				pilot-in-command shall make every reasonable effort to contact the property
				owner on whose property a final landing has been made.
In the case of a Balloon School.
(1) If it is an approved school under Part
				141 of the Federal Aviation Regulations, the field must have Aeronautics
				Commission site approval.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 4 - LIGHTER-THAN-AIR AIRCRAFT › Rule 1 - General Provisions › Section 1-4 - Minimum standards

Current through July 10, 2024
Authority: IC 8-21-1-8
Affected: IC 8-21-1-8; IC 8-21-1-10.1
Sec. 4.
Minimum Standards. All pilots-in-command and/or owners of
				  hot air balloons with airborne heaters shall comply with the following
				  equipment requirements to be carried on board the balloon in addition to those
				  items normally required by the aircraft manufacturer or the Federal Aviation
				  Regulations. Aircraft normally required to carry items as listed shall not be
				  required to duplicate.
(1) A dry type
				fire extinguisher of the type and kind normally used to extinguish electrical
				and liquid fuel fires.
(2) At least
				two methods of pilot light ignition such as a stirker
[sic.]
and a cigarette lighter, or two strikers or a stirker
[sic.]
and matches.
Transferred from Department of Transportation ( 100 IAC
					 4-1-4 ) to Indiana Department of Transportation ( 105 IAC 4-1-4 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-1 - Policy

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 1.
Public Law 96-448, "The Staggers Rail Act of 1980", requires
				  the states which wish to retain jurisdiction to bring their standards and
				  procedures for regulating railroad rates, classifications, rules and practices
				  into conformity with the Interstate Commerce Act. It is the intent of Congress
				  that railroad companies receive adequate revenues through regulatory
				  encouragement of modal competition, rate flexibility, and relaxed rate
				  reasonableness standards.
Mindful of this commission's obligations to safeguard the
				  public's interests, it shall henceforth be the policy of the public service
				  commission of Indiana to regulate railroad matters in a manner consistent with
				  the standards and procedures set forth by Congress in the Interstate Commerce
				  Act.
Transferred from Department of Transportation ( 100 IAC
					 6-1-1 ) to Indiana Department of Transportation ( 105 IAC 5-1-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-3 - Railroad tariffs; filing notice

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 3.
The notice period for filing railroad tariffs with the
				  public service commission of Indiana which contain new or changed rates,
				  classifications, rules practices or other provisions shall be as
				  follows:
(a) The tariff shall be on
				file with this commission at least 30 days prior to its effective date for
				rates or provisions published in connection with new service or changes
				resulting in increased rates or decreased value of service.
(b) The tariff shall be on file with this
				commission at least 10 days prior to its effective date for changes resulting
				in decreased rates or increased value of service, or changes resulting in
				neither increases nor reductions.
(c) The tariff shall be on file with this
				commission at least 45 days prior to its effective date for joint rate
				surcharges and cancellations filed pursuant to the provisions of 49 U.S.C. Sec.
				10705a.
(d) A railroad or its
				publishing agent may file an application pursuant to IC 8-3-1-8
[IC
				8-3-1-8 was repealed by P.L. 50-2011, SECTION 5, effective July 1,
				2011.]
, to depart from the provisions of 170 IAC 3-1.1
[this
				rule]
.
(e) Railroad
				contracts shall be filed with this commission pursuant to the provisions of 170
				IAC 3-1.1-38 through 3-1.1-50.1
[sections 38 through 50 of this
				rule]
.
Transferred from Department of Transportation ( 100 IAC
					 6-1-3 ) to Indiana Department of Transportation ( 105 IAC 5-1-3 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-4 - Content of notice

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 4.
Each rate publication filed with the commission shall be in
				  the form prescribed by the commission and shall contain such information as the
				  commission may require, including, but not limited to:
(1) A tariff containing all relevant and
				material provisions relating to the rate and its application. The tariff shall
				comply with the interstate commerce commission's rules for filing and
				construction of tariffs.
(2) A
				statement of the effect which the rate shall have on the carrier's gross
				revenue (increase, decrease, no change).
Transferred from Department of Transportation ( 100 IAC
					 6-1-4 ) to Indiana Department of Transportation ( 105 IAC 5-1-4 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-5 - Defect in notice; consequence

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 5.
No rate shall be considered published under the provisions
				  of the Staggers Act unless notice has been given in compliance with this
				  section. However, if a tariff is filed and becomes effective, despite some
				  defect, the rates, charges, fares, classifications, rules, etc., in that tariff
				  are in effect and will be applied until cancelled or amended or until they are
				  stricken from the files by the Indiana public service
				  commission.
Transferred from Department of Transportation ( 100 IAC
					 6-1-5 ) to Indiana Department of Transportation ( 105 IAC 5-1-5 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-6 - Commencement of proceedings

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 6.
When a new individual or joint rate (except general rate
				  increases, inflation-based increases, or fuel adjustment surcharges filed under
				  the provisions of 49 U.S.C. Sec. 11501(b)(6) over which the public service
				  commission of Indiana has no jurisdiction) or an individual or joint
				  classification, rule, or practice related to a rate is filed with the public
				  service commission of Indiana by a rail carrier the commission may:
(1) upon its own initiative, commence an
				investigation proceeding, or
(2)
				upon protest of an interested party commence an investigation proceeding,
				or
(3) upon protest of an
				interested party commence an investigation and suspension proceeding to
				determine whether the proposed rate, classification, rule or practice is
				discriminatory, unreasonable, or in any other way violates applicable law.
Rates based on limited carrier liability may be published and
				  filed with the commission, without prior approval, pursuant to 49 U.S.C. Sec.
				  10730. However, such rates will be subject to protest on grounds such as
				  unreasonableness or nonconformance with the tariff publication requirements
				  found in
				  49 CFR
				  1300.4(i)(11).
The commission shall give reasonable notice to interested
				  parties before beginning a proceeding. However, the commission may begin the
				  proceeding without allowing an interested party to file an
				  answer.
Transferred from Department of Transportation ( 100 IAC
					 6-1-6 ) to Indiana Department of Transportation ( 105 IAC 5-1-6 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-7 - Duration of suspension period

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 7.
The commission shall complete a proceeding commenced under
				  170 IAC 3-1.1-6
[section 6 of this rule]
within five months
				  from the effective date of the proposed rate, classification, rule or practice
				  except that if the commission reports to the interstate commerce commission
				  that it cannot make a final decision within that time and explains the reason
				  for the delay, it may then take an additional three months to complete the
				  proceeding and make a final decision.
If the commission does not render a final decision within the
				  applicable time period the rate, classification, rule or practice shall become
				  effective immediately or, if already in effect, shall remain in effect.
However, if a railroad makes a tariff filing to adjust an
				  intrastate rate, rule or practice under 49 U.S.C. Sec. 11501(d) to that of
				  similar traffic moving in interstate commerce, and the commission investigates
				  or suspends such tariff filing, the carrier may apply to the interstate
				  commerce commission to review the matter if the public service commission of
				  Indiana has not acted with finality by the 120th day after the tariff was
				  filed. If the carrier elects not to refer the matter to the interstate commerce
				  commission the public service commission
[sic., of]
Indiana
				  may decide the issue within five months, as provided for in this
				  subsection.
Transferred from Department of Transportation ( 100 IAC
					 6-1-7 ) to Indiana Department of Transportation ( 105 IAC 5-1-7 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-8 - Grounds for suspension

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 8.
The commission may not suspend a proposed rate,
				  classification, rule, or practice unless it appears from the specific facts
				  shown by the verified statement of a person that:
(1) it is substantially likely that the
				protestants will prevail on the merits;
(2) without suspension, the proposed rate
				change will cause substantial injury to the protestant or the party represented
				by the protestants; and
(3) because
				of the peculiar economic circumstances of the protestant, the provisions of 170
				IAC 3-1.1-13
[section 13 of this rule]
do not protect the
				protestant.
Transferred from Department of Transportation ( 100 IAC
					 6-1-8 ) to Indiana Department of Transportation ( 105 IAC 5-1-8 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-9 - Market dominance

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 9.
(a) When the
				new individual or joint rate is alleged to be unreasonably high, the
				commission, within 90 days after the start of a proceeding under this
				administrative rule, shall determine whether or not the railroad proposing the
				rate has market dominance over the transportation to which the rate
				applies.
(b) If the commission
				finds that:
(1) The railroad proposing the
				rate has market dominance over the transportation to which the rate applies, it
				shall then proceed to determine whether or not the proposed rate exceeds a
				maximum reasonable level for that transportation.
(2) The railroad proposing the rate does not
				have market dominance over the transportation to which the rate applies, it
				shall not make a determination on the issue of reasonableness.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-10 - Reasonableness of rate; evaluation

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 10.
(a) Except
				for nonferrous recyclables, the commission shall evaluate the reasonableness of
				a rate only after market dominance has been established. In determining whether
				a rate is reasonable, the commission shall consider, among other factors,
				evidence of the following:
(1) the amount of
				traffic which is transported at revenues which do not contribute to going
				concern value and efforts made to minimize such traffic;
(2) the amount of traffic which contributes
				only marginally to fixed costs and the extent to which, if any, rates on such
				traffic can be changed to maximize the revenues from such traffic;
				and
(3) the carrier's mix of rail
				traffic to determine whether the shippers of one commodity are paying an
				unreasonable share of the carrier's overall revenues.