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]