CHAPTER 328 AERONAUTICS
328.1 DEFINITIONS.
328.2 THROUGH 328.11
328.12 DUTIES AND POWERS.
328.14 AUTHORITY TO RECEIVE FEDERAL MONEYS FOR THE STATE AND GOVERNMENTAL SUBDIVISIONS.
328.15 CONTRACTS -- LAW GOVERNING.
328.16 DISPOSITION OF FEDERAL FUNDS.
328.17 AND 328.18
328.19 REGISTRATION.
328.20 REGISTRATION OF AIRCRAFT.
328.21 AIRCRAFT REGISTRATION FEES.
328.24 REFUNDS OF FEES.
328.25 FEES IN LIEU OF TAXES.
328.26 APPLICATION FOR REGISTRATION.
328.27 ISSUANCE OF CERTIFICATES.
328.28 OPERATION UNDER SPECIAL CERTIFICATE.
328.29 APPLICATION FOR SPECIAL CERTIFICATE -- FEE.
328.30 ISSUANCE OF SPECIAL CERTIFICATE.
328.32 EXPIRATION OF SPECIAL CERTIFICATE.
328.33 RECORDS REQUIRED.
328.34 GROUNDS FOR REFUSING, REVOKING OR SUSPENDING CERTIFICATES.
328.35 EXCEPTIONS TO REGISTRATION REQUIREMENTS.
328.36 DEPOSIT AND USE OF REVENUES.
328.37 OPERATIONS UNLAWFUL WITHOUT CERTIFICATE.
328.38 EXHIBITION OF CERTIFICATES.
328.39 ORDER OF DEPARTMENT -- REVIEW.
328.40 PENALTIES.
328.41 OPERATING RECKLESSLY OR WHILE INTOXICATED.
328.42 NONRESIDENT REGISTRATION.
328.43 TRANSFER NOTICE.
328.44 APPLICATION BY NEW OWNER.
328.45 NEW REGISTRATION UPON TRANSFER.
328.46 PENALTY FOR DELAY.
328.47 LIEN OF FEES.
328.48 ATTACHMENT OF LIEN.
328.49 COLLECTION OF FEES.
328.50 PENALTY ON DELINQUENT REGISTRATION.
328.51 ACCRUAL OF PENALTY.
328.52 WAIVER.
328.53 MARKING PUBLIC AIRCRAFT.
328.54 BIENNIAL REPORT.
328.55 INSPECTIONS OF GOVERNMENTAL SUBDIVISION AIRPORTS.
328.56 STATE AVIATION FUND.
328.56A STAGGERED REGISTRATION FOR AIRCRAFT -- IMPLEMENTATION.
328.57 SHORT TITLE.



        

328.1 DEFINITIONS. The following words, terms, and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires: 1. "Aeronautics" means transportation by aircraft, the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes, the design, establishment, construction, extension, operation, improvement, repair, or maintenance of landing areas, or other air navigation facilities, and air instruction. 2. "Aeronautics instructor" means any individual giving or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward. 3. "Air carrier airport" means an existing public airport regularly served by an air carrier, other than a supplemental air carrier, certificated by the civil aviation board under section 401 of the federal Aviation Act of 1958. 4. "Aircraft" means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air, for the purpose of transporting persons or property, or both. 5. "Air instruction" means the imparting of aeronautical information, by any aeronautics instructor, or in or by any air school or flying club. 6. "Air navigation" means the operation or navigation of aircraft in the air space over this state, or upon any landing area within this state. 7. "Air navigation facility" means any facility, other than one owned or controlled by the federal government, used, available for use, or designed for use, in aid of air navigation, including landing areas, and any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities or devices having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft. 8. "Airperson" means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, aircraft appliances, or parachutes; and any individual who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator. It shall not include individuals engaged in aeronautics as an employee of the United States or any state or foreign country and any individuals employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, and any individual performing inspection or mechanical duties in connection with aircraft owned or operated by the individual. 9. "Airport" means any landing area used regularly by aircraft for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established. "Airport" includes land within a city with a population greater than one hundred seventy-five thousand which is acquired to replace or mitigate land used in an airport runway project at an existing airport when federal law, grant, or action requires such replacement or mitigation. 10. "Air school" means any person engaged in giving, or offering to give, instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward, and who employs other persons for such purposes. It does not include any public school or university of this state, or any institution of higher learning duly accredited and approved for carrying on collegiate work. 11. "Air taxi operator" means an operator who engages in the air transportation of passengers, property, and mail by aircraft on public demand for compensation and does not directly or indirectly utilize aircraft with a capacity of more than thirty passengers or seventy-five hundred pounds maximum payload, unless exempted by the aeronautics and public transit administrator of the department. 12. "Civil aircraft" means any aircraft other than a public aircraft. 13. a. "Commission" means the state transportation commission of the state department of transportation. b. "Department" means the state department of transportation. c. "Director" means the director of transportation or the director's designee. 14. "Commuter air carrier" means an air taxi operator which operates not less than five round trips per week between two or more points and publishes flight schedules which specify the times, days of the week, and places between which such flights are performed or transports mail pursuant to a current contract with the United States postal service. 15. "General aviation airport" means any airport that is not an air carrier airport. 16. "Governmental subdivision" means any county or city of this state, and any other political subdivision, public corporation, authority, or district in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate landing areas and other air navigation facilities. 17. "Landing area" means any locality, either of land or water, including intermediate landing fields, which is used or intended to be used, for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo; it does not include any intermediate landing field established or maintained by the federal government as a part of any civil airway. 18. "Operation for hire" shall mean hire to the general public or members or classes thereof, and shall not include such operations as are incidental to the carrying on of the general business of an aircraft owner engaged in business other than aeronautics. 19. "Operation of aircraft" or "operate aircraft" means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft and shall embrace any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise). 20. "Owner" means a person owning or renting an aircraft, or having the exclusive use of an aircraft, for a period of more than thirty days. 21. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. 22. "Public aircraft" means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory, or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes. 23. The singular shall include the plural, and the plural the singular.

         Section History: Early Form

         [C31, 35, § 8338-c1; C39, § 8338.14; C46, 50, 54, 58, 62, 66,
      71, 73, 75, 77, 79, 81, § 328.1] 

         Section History: Recent Form

         88 Acts, ch 1063, § 1; 2005 Acts, ch 178, §11
         Referred to in §6A.21
        

328.2 THROUGH 328.11 Repealed by 74 Acts, ch 1180, § 197.

328.12 DUTIES AND POWERS. The director in carrying out the director's duties relating to aeronautics shall: 1. Promotion of aeronautics. Encourage, foster, and assist in the general development and promotion of aeronautics in this state, and make disbursements from moneys available for such purposes. 2. Rules. Make reasonable rules, consistent with this chapter, as deemed by the director to be necessary and expedient for the administration and enforcement of this chapter, and amend the rules at any time. 3. Filing of rules. Keep on file at the office of the director, for public inspection, a copy of all the department's aeronautic rules with all amendments, and mail copies to all registered landing areas in this state. 4. Technical services available. So far as reasonably possible, make available the engineering, management consulting, and other technical services of the department, without charge, in connection with aeronautics. 5. Intervention. Participate, at the director's discretion, as party plaintiff or defendant, or as intervenor, complainant, or movant, on behalf of the state or any governmental subdivision or citizen of the state, in any proceeding having to do with aeronautics. 6. Enforcement of aeronautics laws. Enforce and assist in the enforcement of this chapter and of all rules issued pursuant to this chapter, and of all other laws of this state relating to aeronautics; and, in the aid of enforcement and within the scope of the director's duties, general powers of peace officers are conferred upon the director, and officers and employees of the department designated by the director to exercise such powers. The director, in the name of this state, may enforce this chapter and the rules issued pursuant to this chapter by injunction in the courts of this state. 7. Use of existing facilities. In the discharge of all functions prescribed by this chapter, to every feasible extent, use the facilities of other agencies of the state; and other state agencies are authorized and directed to make available to the director such facilities and services. 8. Investigations and inquiries. Hold investigations and inquiries. a. The director or the director's designee when acting for and with the authority of the director, may hold investigations and inquiries concerning matters covered by this chapter and orders and rules of the department. In an investigation or inquiry, the person acting for the director may administer oaths and affirmations, certify to all official acts, issue subpoenas, and compel the attendance and testimony of witnesses, and the production of papers, books, and documents. b. The reports of investigations or inquiries, or any part of them, shall not be admitted in evidence or used for any purpose in a civil suit growing out of a matter referred to in an investigation, inquiry, or report, except in criminal or other proceedings instituted in behalf of the director or this state under this chapter and other laws of this state relating to aeronautics. 9. Authority to contract. Enter into contracts necessary to the execution of the powers granted the director by this chapter. 10. No exclusive rights granted. Grant no exclusive right for the use of an airway, airport, landing area, or other air navigation facility under the director's jurisdiction. 11. Sufficiency reports. Issue sufficiency reports for all airports in the state, which are owned and operated by a governmental subdivision, based on the functional classification of those airports as set out in the department's transportation plan. 12. Centralized purchasing agency. Encourage governmental subdivisions to utilize the department's services as a centralized purchasing agency for items, including but not limited to airport and aeronautics equipment. 13. Safety inspections. Enter into agreements, at the director's discretion, and otherwise cooperate with federal authorities in the safety inspection of registered landing areas, and adopt safety standards for airports. 14. Newsletter. Have authority to publish and distribute by subscription a state aeronautics newsletter or magazine. The department may charge a reasonable fee for subscriptions to the newsletter or magazine. 15. Commuter air carrier demonstration projects. The department may encourage the development of commuter air carrier service in the state by: a. Recommending routes between cities that may support such service. b. Making available funding for demonstration projects from any federal funds made available to the state or from any state funds appropriated for such purposes. c. Establishing specifications, operational requirements, terms and conditions under which demonstration projects will be participated in by the state.

         Section History: Early Form

         [C35, § 8338-f5, -f6, -f8, -f9, -f10, -f13; C39, § 8338.05,
      8338.06, 8338.08, 8338.09, 8338.10, 8338.13; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 328.12] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1967; 94 Acts, ch 1107, §65; 98 Acts, ch 1075,
      §30
        

328.13 Repealed by 93 Acts, ch 87, § 5. See § 307.44.

328.14 AUTHORITY TO RECEIVE FEDERAL MONEYS FOR THE STATE AND GOVERNMENTAL SUBDIVISIONS. 1. The department shall act as agent for the state and shall upon request act as agent for a governmental subdivision which owns a general aviation or air carrier airport in accepting, receiving and receipting for all federal moneys provided that the request is submitted to the department by March 1 of each year. The department when acting as agent shall contract for all airport projects in which planning, construction, acquisition or improvements include federal or state funds, and the political subdivision owning the airport shall select all consultants. The department shall not have jurisdiction over the operation or maintenance of the airport after completion of the project, except for those contractual stipulations agreed to by all parties prior to receipt of state funds. 2. The department shall include in the annual report made by the department to the governor a report of all federal moneys it accepts, receives and receipts for under the provisions of this section. 3. The department is the authorized agency of the state to receive and disburse federal funds for general aviation airports owned by political subdivisions of the state.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.14]
         Referred to in § 328.16
        

328.15 CONTRACTS -- LAW GOVERNING. All contracts for the planning, acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the department, either as the agent of this state or of any governmental subdivision, shall be made pursuant to the laws of this state governing the making of like contracts; provided, however, that where such undertaking is financed wholly or partially with federal moneys, the department, as such agent, or the governmental subdivision acting for itself, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.15]
        

328.16 DISPOSITION OF FEDERAL FUNDS. All moneys accepted for disbursement by the department pursuant to section 328.14 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 moneys were made available, and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purposes for which the same were made available, to be expended in accordance with federal laws and regulations and with this chapter. The department is authorized, whether acting for this state or as the agent of any of its governmental subdivisions, or when requested by the United States government or any agency or department thereof, to disburse such moneys for the designated purposes, but this shall not preclude any other authorized method of disbursement.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.16]
        

328.17 AND 328.18 Repealed by 74 Acts, ch 1180, § 197.

328.19 REGISTRATION. 1. The department shall promulgate rules pursuant to the provisions of chapter 17A governing the issuance by the department of certificates of registration to all airports in this state which are open for use by the public and governing the annual renewal of those certificates. These rules shall require that an airport applying for a certificate of registration or for a renewal shall comply with minimum standards of safety as promulgated by the department, adopt safe air traffic patterns, and demonstrate that such air traffic patterns are safely coordinated with those of all existing airports and approved airport sites in its vicinity before the certificates of registration or certificate of renewal may be issued. Certificates of registration or renewal may be issued subject to any conditions the department deems necessary to carry out the purposes of this section. The department may, after notice and opportunity for hearing as provided in chapter 17A, revoke any certificate of registration or renewal, or may refuse to issue a renewal, when it determines: a. That there has been an abandonment of the airport as such; b. That there has been a failure to comply with the conditions of the registration or renewal thereof; or c. That because of change of physical or legal conditions or circumstances the airport has become either unsafe or unusable for the aeronautical purposes for which the registration or renewal was issued. 2. The department shall promulgate rules pursuant to the provisions of chapter 17A governing the issuance by the department of certificates of airport site approval. These rules shall provide that any person or governmental subdivision desiring or planning to construct or establish an airport shall obtain a certificate of site approval prior to acquisition of the site or prior to the construction or establishment of the airport. The department shall charge a reasonable fee, based on the cost of a safety inspection of the site approval application, for the issuance of a certificate of site approval, and shall issue such a certificate if it finds: a. That the site is adequate for the proposed airport; b. That such proposed airport, if constructed or established, will conform to minimum standards of safety as promulgated by the department; and c. That safe air traffic patterns are established for the proposed airport which are safely coordinated with the traffic patterns of all existing airports and approved airport sites in its vicinity. 3. A certificate of site approval shall remain in effect until a certificate of registration has been issued to an airport located on the approved site as provided in subsection 1, unless the department, after notice and opportunity for hearing, revokes the certificate of site approval upon a finding that: a. There has been an abandonment of the site as an airport site; b. There has been a failure within two years to develop the site as an airport, or to comply with the conditions of the approval; or c. Because of change of physical or legal conditions or circumstances the site is no longer usable for the aeronautical purposes for which the approval was granted. 4. No certificate of site approval shall be required for the site of any existing airport. 5. In considering an application for approval of a proposed airport site or the issuance of an airport registration certificate under subsections 1 and 2, the department may, on its own motion or upon the request of an affected or interested person, hold a hearing as provided in chapter 17A.

         Section History: Early Form

         [C31, 35, § 8338-c2; C39, § 8338.15; C46, 50, 54, 58, 62, 66,
      71, 73, 75, 77, 79, 81, § 328.19]
         Referred to in § 328.26, 328.35
        

328.20 REGISTRATION OF AIRCRAFT. A civil aircraft owned either wholly or in part by persons residing in this state, or operated, or otherwise controlled within the boundaries of the state for a period of more than thirty days, unless specifically excepted under this chapter, shall be registered annually with the department, by the owner thereof. The registration year begins on the first day of the calendar month in which the civil aircraft is registered for the first time in the state and ends on the last day of the twelfth month of the registration year. For aircraft registered in this state before July 1, 1988, the registration year begins on the first day of the calendar month assigned by the department and ends on the last day of the twelfth month of the registration year.

         Section History: Early Form

         [C31, 35, § 8338-c2; C39, § 8338.15; C46, 50, 54, 58, 62, 66,
      71, 73, 75, 77, 79, 81, § 328.20] 

         Section History: Recent Form

         88 Acts, ch 1063, § 2
         Referred to in § 328.26, 328.35, 423.3, 423.5, 423.6
         Implementation of staggered registration; § 328.56A
        

328.21 AIRCRAFT REGISTRATION FEES. An annual registration fee for each aircraft shall be paid to the department at the time of registration, to be computed as follows: 1. Unless otherwise provided in this section, for the first registration, a sum equal to one percent of the manufacturer's list price of the aircraft, not to exceed five thousand dollars. 2. The second year's registration fee is seventy-five hundredths of one percent of the manufacturer's list price of the aircraft; the third year's fee is fifty hundredths of one percent; and the fourth and subsequent year's fee is twenty-five hundredths of one percent. When an aircraft other than a new aircraft is registered in Iowa, the registration fee shall be based upon the number of years the aircraft was previously registered. However, an aircraft shall not be registered for a fee of less than thirty-five dollars or more than five thousand dollars. 3. The registration fee for an aircraft operated in scheduled interstate airline operation, owned by an Iowa person and operated part-time within this state shall be a fee of one hundred dollars. The application for registration shall be supported by such records as the department shall prescribe. 4. Should the department find and determine that no established manufacturer's list price exists for any such aircraft the department is hereby authorized and empowered to determine and fix the fair value of such aircraft which fair value shall be used in lieu of a manufacturers' list price in computing the registration fee for each such aircraft as otherwise provided by this section. When the fee as so computed results in a fractional part of a dollar, it shall be computed to the nearest dollar. 5. An aircraft thirty years old or older, which is used exclusively for noncommercial purposes, shall be registered as an antique aircraft for a fee of thirty-five dollars. 6. An aircraft, unless exempt under section 328.35, which is not airworthy and is not in flying condition is not subject to registration fees if the owner of the aircraft submits information required by the department. Upon receipt of that information, the department shall issue a certificate that states that the registration fee has not been paid and that the aircraft shall not use the airports or the air space overlying the state until the fee has been paid. 7. The registration fee for a helicopter used exclusively as an air ambulance is one thousand dollars. 8. An aircraft owned and operated by an aviation business located at a publicly owned, public use airport and providing, under agreement with the governing body of the airport, a specified minimum level of aviation services to the general public, shall be registered for a fee of one hundred dollars.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.21] 

         Section History: Recent Form

         88 Acts, ch 1063, § 3--5; 90 Acts, ch 1063, § 1--4; 98 Acts, ch
      1182, §1--3; 2002 Acts, ch 1112, §6
         Referred to in §328.36
        

328.22 Repealed by 98 Acts, ch 1182, § 7.

328.23 Repealed by 88 Acts, ch 1063, § 13.

328.24 REFUNDS OF FEES. If, during the year for which an aircraft, except nonresident aircraft used for the application of herbicides and pesticides, was registered and the required fee paid the aircraft is destroyed by fire or accident or junked, and its identity as an aircraft entirely eliminated, or it is removed and continuously used beyond the boundaries of the state, then the owner in whose name it was registered at the time of destruction, dismantling, or removal from the state shall return the certificate of registration to the department within ten days and make affidavit of the destruction, dismantling, or removal and make claim for the refund. The refund shall be paid from the general fund of the state. The registration fee for the unexpired portion of the year shall be refunded pro rata to the nearest full calendar month, except that a refund shall not be allowed if the unused portion of the fee is less than thirty-five dollars per aircraft.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.24] 

         Section History: Recent Form

         88 Acts, ch 1063, § 6; 94 Acts, ch 1107, §66
        

328.25 FEES IN LIEU OF TAXES. The registration fees imposed by this chapter upon aircraft shall be in lieu of all taxes, general or local, except state sales or use tax, to which aircraft might otherwise be subject.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.25]
        

328.26 APPLICATION FOR REGISTRATION. Every application for registration pursuant to sections 328.19 and 328.20 shall be made upon such forms, and shall contain such information, as the department may prescribe, and every application shall be accompanied by the full amount of the registration fee. When an aircraft is registered to a person for the first time, the fee submitted to the department shall include the tax imposed by section 423.2 or section 423.5 or evidence of the exemption of the aircraft from the tax imposed under section 423.2 or 423.5.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.26] 

         Section History: Recent Form

         88 Acts, ch 1205, § 18; 96 Acts, ch 1152, § 23; 98 Acts, ch 1182,
      §4; 2003 Acts, 1st Ex, ch 2, §174, 205
        

328.27 ISSUANCE OF CERTIFICATES. The department shall issue, upon receipt of proper application and fee for registration, a certificate of registration which shall be numbered and recorded by the department, shall state the name and address of the person to whom it is issued, shall be titled with the designation of the class of registrant covered, and shall contain other information as the department may prescribe including, in the case of aircraft, a description of the aircraft. A certificate of registration expires at midnight on the last day of the twelfth month of the registration year.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.27] 

         Section History: Recent Form

         88 Acts, ch 1063, § 7; 2002 Acts, ch 1112, §7
        

328.28 OPERATION UNDER SPECIAL CERTIFICATE. 1. A manufacturer or dealer owning an aircraft otherwise required to be registered under this chapter may operate the aircraft for purposes of transporting, testing, demonstrating, or selling the aircraft without registering the aircraft, upon condition that a special certificate be obtained by the owner as provided in this section and sections 328.29 through 328.33. 2. A transporter may operate an aircraft described in subsection 1 solely for the purpose of delivery upon obtaining a special certificate issued to the transporter as provided in this section and sections 328.29 through 328.33. 3. The provisions of this section and sections 328.29 through 328.33 shall not apply to aircraft owned by a manufacturer, transporter, or dealer which are used for hire or principally for transportation of persons and property, aside from the transporting of the aircraft itself, or testing or demonstrating thereof.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.28] 

         Section History: Recent Form

         2002 Acts, ch 1112, §8
        

328.29 APPLICATION FOR SPECIAL CERTIFICATE -- FEE. A manufacturer, transporter, or dealer may, upon payment of a one hundred dollar fee, make application to the department upon such forms as the department may prescribe for a special certificate. The applicant shall also submit such reasonable proof of the applicant's status as a bona fide manufacturer, transporter, or dealer as the department may require. Dealers in new aircraft shall furnish satisfactory evidence of a valid franchise with the manufacturer or distributor of such aircraft authorizing such dealership.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.29] 

         Section History: Recent Form

         90 Acts, ch 1063, § 5; 2002 Acts, ch 1112, §9
         Referred to in § 328.28, 328.32
        

328.30 ISSUANCE OF SPECIAL CERTIFICATE. The department upon granting an application shall issue to the applicant a special certificate containing the applicant's name, address, and other information as the department may prescribe.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.30] 

         Section History: Recent Form

         90 Acts, ch 1063, §6; 2002 Acts, ch 1112, §10
         Referred to in § 328.28
        

328.31 Repealed by 2002 Acts, ch 1112, § 15.

328.32 EXPIRATION OF SPECIAL CERTIFICATE. A special certificate expires at midnight on June 30, and a new special certificate for the ensuing year may be obtained by the person to whom the expired special certificate was issued, upon application to the department and payment of the fee provided in section 328.29.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.32] 

         Section History: Recent Form

         88 Acts, ch 1063, § 8; 2002 Acts, ch 1112, §11
         Referred to in § 328.28
        

328.33 RECORDS REQUIRED. A manufacturer, transporter, or dealer shall keep a written record of the aircraft in the manufacturer's, transporter's, or dealer's inventory, which records shall be open to inspection of any peace officer, or any officer or employee of the department.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.33] 

         Section History: Recent Form

         2002 Acts, ch 1112, §12
         Referred to in § 328.28
        

328.34 GROUNDS FOR REFUSING, REVOKING OR SUSPENDING CERTIFICATES. The department may refuse to issue, or may revoke or suspend a certificate of registration or special certificate for any one, or any combination, of the following reasons: 1. That the application contains any false or fraudulent material statement, or that the applicant has failed to furnish required information or reasonable additional information requested, or that the applicant is not entitled to registration of the aircraft under this chapter. 2. That the department has reasonable ground to believe that the aircraft is a stolen or embezzled aircraft, or that granting of registration would constitute a fraud against the rightful owner. 3. That the required fee has not been paid. 4. That the department has reasonable ground to believe that fraudulent use, against the state or any municipality or citizen thereof, is being made of such certificate of registration or special certificate. 5. That the person making application for, or holding, the certificate is not certificated or licensed by the government of the United States or any authorized agency thereof, pursuant to the laws of the United States or any rules or regulations promulgated thereunder, to do the acts for which the person has been, or seeks to be, registered as performing, or to perform, pursuant to the provisions of this chapter. 6. That the aircraft registered, or for which application for registration is made, is not certificated or licensed for operation by the government of the United States or any authorized agency thereof, pursuant to the laws of the United States or any rules or regulations promulgated thereunder.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.34]
        

328.35 EXCEPTIONS TO REGISTRATION REQUIREMENTS. 1. The provisions of sections 328.19 and 328.20 shall not apply to: a. An aircraft which has been registered by a foreign country with which the United States has a reciprocal agreement covering the operations of registered aircraft. b. An aircraft which is owned by a resident of this state but which is continuously located and operated beyond the boundaries of the state. c. Any airport, landing area, or other air navigation facility owned or operated by the federal government within this state. d. A lighter than air aircraft that is not engine driven. e. An aircraft which is displayed in a museum. f. An aircraft in the inventory of a manufacturer, transporter, or dealer who has a special certificate issued by the department and the special certificate is in effect. 2. No registration is required for an airport maintained for private use.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.35] 

         Section History: Recent Form

         90 Acts, ch 1063, §8; 93 Acts, ch 87, § 10, 11; 2000 Acts, ch
      1168, §3; 2002 Acts, ch 1112, § 13
         Referred to in § 328.21, 328.37
        

328.36 DEPOSIT AND USE OF REVENUES. 1. All moneys received by the department pursuant to section 328.21 shall be deposited into the state aviation fund in section 328.56. 2. Notwithstanding subsection 1, for the fiscal year beginning July 1, 2007, and ending June 30, 2008, fifty percent of the moneys collected under section 328.21 shall be deposited in the state aviation fund in section 328.56 and fifty percent shall be deposited in the general fund of the state.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.36] 

         Section History: Recent Form

         88 Acts, ch 1205, § 19; 91 Acts, ch 260, § 1229; 93 Acts, ch 131,
      § 16; 94 Acts, ch 1107, §67; 2006 Acts, ch 1179, §56, 66
         Referred to in § 328.56
        

328.37 OPERATIONS UNLAWFUL WITHOUT CERTIFICATE. Except as provided in section 328.35, it is unlawful for a person to operate, or cause or authorize to be operated, a civil aircraft, airport, or landing area in this state, unless there has been issued for the aircraft or to the airport or landing area an appropriate certificate of registration by the department and the certificate is in effect.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.37] 

         Section History: Recent Form

         88 Acts, ch 1063, § 9; 2002 Acts, ch 1112, §14
        

328.38 EXHIBITION OF CERTIFICATES. The certificate of registration or special certificate issued by the department or any agency of another state (unless the requirement therefor is excepted by the provisions of this chapter) shall, as to an airperson or aeronautics instructor, be kept in that person's personal possession whenever engaging in aeronautics; as to an aircraft be conspicuously displayed therein; as to a landing area be conspicuously displayed in the office of the person in charge thereof; as to an air school be conspicuously displayed in the principal office thereof; and as to a navigation facility be conspicuously displayed in the office of the person responsible for the operation thereof; and must be presented for inspection upon demand of any passenger, peace officer, authorized member, official, or employee of the department or any official, manager, or person in charge of any landing area in this state where landing is made.

         Section History: Early Form

         [C31, 35, § 8338-c3, -c5; C39, § 8338.16, 8338.18; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.38]
        

328.39 ORDER OF DEPARTMENT -- REVIEW. In any case where the department refuses to issue a certificate of registration or special certificate, or in any case where it shall issue any order requiring certain things to be done, or revoking or suspending any certificate, it shall set forth its reasons and shall state the requirements to be met before such certificate will be issued or such order will be modified or changed. Any order made by the department pursuant to the provisions of this chapter shall be served upon the interested persons by certified mail or in person. Any order of the department or any refusal to issue, revocation or suspension of any certificate shall be subject to judicial review in accordance with chapter 17A.

         Section History: Early Form

         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.39]
        

328.40 PENALTIES. Any person who violates any of the provisions of this chapter, or who makes any material false statement or representation in any application or statement filed with the department as required by this chapter or any of the rules and regulations issued pursuant thereto shall be guilty of a fraudulent practice.

         Section History: Early Form

         [C31, 35, § 8338-c8; C39, § 8338.21; C46, 50, 54, 58, 62, 66,
      71, 73, 75, 77, 79, 81, § 328.40]
         See § 714.8(10)
        

328.41 OPERATING RECKLESSLY OR WHILE INTOXICATED. It shall be unlawful for any person to operate an aircraft in the air space above this state or on the ground or water within this state, while under the influence of intoxicating liquor, narcotics, or other habit-forming drug, or to operate an aircraft in the air space above this state or on the ground or water within this state in a careless or reckless manner so as to endanger the life or property of another. Any person who operates an aircraft in a careless or reckless manner in violation of the provisions of this section shall be guilty of a simple misdemeanor. Any person who operates any aircraft, while in an intoxicated condition or under the influence of narcotic drugs in violation of this section, shall, upon conviction or a plea of guilty, be guilty of a serious misdemeanor for the first offense, be guilty of an aggravated misdemeanor for the second offense, and be guilty of a class "D" felony for a third offense.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.41]
        

328.42 NONRESIDENT REGISTRATION. Nonresident owners of aircraft operated within this state for the intrastate transportation of persons or property for compensation or the furnishing of services for compensation or for the intrastate transportation of merchandise, shall register each such aircraft and pay the same fees therefor as is required with reference to like aircraft owned by residents of this state.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.42]
        

328.43 TRANSFER NOTICE. Upon the transfer of ownership of any registered aircraft, the owner shall immediately give notice to the department upon the form on the reverse side of the certificate of registration, stating the date of such transfer, the name and post-office address with street number, if in a city, of the person to whom transferred, the number of the registration certificate and such other information as the department may require.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.43]
        

328.44 APPLICATION BY NEW OWNER. The purchaser of the aircraft shall join in the notice of transfer to the department and shall, at the same time, make application for a new certificate of registration.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.44]
        

328.45 NEW REGISTRATION UPON TRANSFER. The department, if satisfied of the genuineness and regularity of such transfer, shall register said aircraft in the name of the transferee and issue a new certificate of registration as provided in this chapter.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.45]
        

328.46 PENALTY FOR DELAY. If a transfer of ownership of an aircraft subject to registration is not completed within thirty days of the actual change of possession, a penalty of five dollars shall accrue against the aircraft and a certificate of registration shall not be issued until the penalty is paid.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.46] 

         Section History: Recent Form

         96 Acts, ch 1152, §24
        

328.47 LIEN OF FEES. All registration fees provided for in this chapter shall be and continue a lien against the aircraft for which said fees are payable until such time as they are paid as provided by law, with any accrued penalties.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.47]
        

328.48 ATTACHMENT OF LIEN. The lien of the original registration fee attaches at the time it is payable as provided by law and the liens of all renewals of registration attach on the first day of each registration year.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.48] 

         Section History: Recent Form

         88 Acts, ch 1063, § 10
        

328.49 COLLECTION OF FEES. The collection of all fees and penalties provided for in the chapter may be enforced against any aircraft or they may be collected by suit against the owner who shall remain personally liable therefor until such time as the transfer thereof shall be reported to the department or until such time as the identity of such aircraft as an aircraft has been entirely eliminated and all fees and penalties to such date shall be paid.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.49]
        

328.50 PENALTY ON DELINQUENT REGISTRATION. On the first day of the second month following the end of an aircraft registration period, a penalty of five percent of the annual registration fee shall be added to a fee not paid by that date, and five percent of the annual registration fee shall be added to the fee on the first day of each following month that the fee remains unpaid; however, the penalty shall not be less than one dollar.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.50] 

         Section History: Recent Form

         88 Acts, ch 1063, § 11
        

328.51 ACCRUAL OF PENALTY. Failure to register shall be considered delinquent and a penalty shall accrue the first day of the month following thirty days from the date of the purchase of a new aircraft or the date an aircraft is brought into the state.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.51] 

         Section History: Recent Form

         90 Acts, ch 1063, §9; 96 Acts, ch 1152, § 25
        

328.52 WAIVER. The department, if it finds that a delinquency in registration was excusable and upon making a record of such finding and the reasons for such delinquency, shall have the power to waive or reduce any of the penalties provided for delinquent registrations.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 328.52]
        

328.53 MARKING PUBLIC AIRCRAFT. All aircraft owned by the state or a governmental subdivision of the state shall be marked to show ownership in a readily apparent manner. The department may promulgate regulations for marking such aircraft.

         Section History: Early Form

         [C77, 79, 81, § 328.53]
        

328.54 BIENNIAL REPORT. The department shall publish biennially an airport directory which shall contain a listing of all airports in the state which are open to public use. The department may charge a reasonable fee based on the cost of publication and distribution to those persons receiving a copy of the directory.

         Section History: Early Form

         [C77, 79, 81, § 328.54]
        

328.55 INSPECTIONS OF GOVERNMENTAL SUBDIVISION AIRPORTS. All governmental subdivision airports shall be inspected by the department between July 1, 1976, and July 1, 1977, and shall have one year from the date of inspection to comply with the rules established by the department.

         Section History: Early Form

         [C77, 79, 81, § 328.55]
        

328.56 STATE AVIATION FUND. 1. A state aviation fund is created under the authority of the department. The fund shall consist of moneys deposited in the fund pursuant to sections 328.36 and 452A.82 and other moneys appropriated to the fund. 2. Moneys in the state aviation fund are appropriated to the department of transportation for use by the department for airport engineering studies, construction or improvements, and the windsock program for public airports and marketing at commercial service airports. In awarding moneys, the department shall give preference to projects that demonstrate a collaborative effort between airports.

         Section History: Recent Form

         2006 Acts, ch 1179, §57, 66; 2007 Acts, ch 22, §115; 2007 Acts, ch
      219, §40
         Referred to in § 328.36, 452A.82 

         Footnotes

         2007-2008 appropriation from state aviation fund; 2007 Acts, ch
      219, §16
        

328.56A STAGGERED REGISTRATION FOR AIRCRAFT -- IMPLEMENTATION. To implement the change from fiscal year registration to the registration system provided for in this chapter, aircraft registered after July 1, 1988, shall be registered as follows: 1. Aircraft shall be registered for the registration year as defined in this chapter. If the registration period is for a period of less than twelve months, the registration fee shall be prorated for the remaining unexpired months, except as provided in subsection 2. 2. The owner of an aircraft for which the registration year begins on August 1 may elect to register the aircraft for a period of one month or thirteen months. The owner of an aircraft for which the registration year begins on September 1 may elect to register the aircraft for a period of two months or fourteen months. The owner of an aircraft for which the registration year begins on October 1 may elect to register the aircraft for a period of three months or fifteen months.

         Section History: Recent Form

         88 Acts, ch 1063, §12
        

328.57 SHORT TITLE. This chapter may be cited as the "State Aeronautics Act."

        &p;Section History: Early Form

         [C46, § 328.41; C50, 54, 58, 62, 66, 71, 73, 75, § 328.53; C77,
      79, 81, § 328.57]

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