TITLE 2

Transportation

Aeronautics

CHAPTER 1. REGULATION

Subchapter II. Department of Transportation; Powers and Duties


The Department shall have general supervision over aeronautics within this State. It shall encourage, foster, and assist in the development of aeronautics in this State and encourage the establishment of airports and other air navigation facilities.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(1); 2 Del. C. 1953, § 131; 57 Del. Laws, c. 671, § 11D.;

The Department shall cooperate with and assist the federal government, the political subdivisions of this State and others engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies. To this end, the Department may confer with or hold joint hearings with any federal aeronautical agency in connection with any matter arising under this chapter or relating to the sound development of aeronautics, and may avail itself of the cooperation, services, records and facilities of such federal agencies, as fully as may be practicable, in the administration and enforcement of this chapter. It shall reciprocate by furnishing to the federal agencies its cooperation, services, records and facilities, insofar as may be practicable.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(2); 2 Del. C. 1953, § 132; 57 Del. Laws, c. 671, § 11D; 70 Del. Laws, c. 575, § 2.;

The Federal Aviation Administration has primary responsibility for investigating aircraft accidents. Initial reports of accidents may be directed by state and/or local police agencies that report such aeronautical accident information to the Department through the Office of Aeronautics. The Office of Aeronautics shall report to the appropriate federal agency all aeronautical accidents of which it is informed and shall cooperate with and assist federal agencies in the conduct of any investigation. Police agencies involved in any accident investigation shall preserve, protect and prevent removal of component parts of any aircraft involved in an accident until the investigating agency or Office of Aeronautics gives clearance for removal of the wreckage.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(2); 2 Del. C. 1953, § 133; 57 Del. Laws, c. 671, § 11D; 70 Del. Laws, c. 575, § 3.;

(a) The Department may perform such acts, issue and amend such orders, and make, promulgate, and amend such reasonable general or special rules, regulations, and procedure, and establish such minimum standards, consistent with this chapter, as it deems necessary to carry out the provisions of this chapter and to perform its duties hereunder; all commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons receiving instruction concerning, or operating, using or traveling in aircraft, and of persons and property on land or water, and to develop and promote aeronautics in this State.

(b) No rule or regulation of the Department shall apply to airports or other air navigation facilities owned or controlled by the federal government within this State.

(c) Rules, regulations and standards for aeronautics are published by the United States Department of Transportation, Federal Aviation Administration. These regulations, as amended from time to time, have nationwide jurisdiction and shall govern all aeronautics in this State, except where the laws of this State provide additional protection.

(d) The Department shall keep on file with the Secretary of State, and at the principal office of the Department, a copy of all its rules and regulations, for public inspection.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(3)-(5); 2 Del. C. 1953, § 134; 57 Del. Laws, c. 671, § 11D; 70 Del. Laws, c. 575, § 4.;

The Department may designate, design, and establish, expand, or modify a state airways system which will best serve the interests of the State. It may chart such airways system and arrange for publication and distribution of such maps and charts and notices and bulletins relating to such airways as may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, whether publicly or privately owned, if such facilities conform to federal safety standards.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(6); 2 Del. C. 1953, § 135; 57 Del. Laws, c. 671, § 11D.;

The Department may, insofar as is reasonably possible, offer its technical services and advice to any political subdivision or public use airport desiring those services in connection with the actual or proposed construction, maintenance or operation of an airport.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(7); 2 Del. C. 1953, § 136; 57 Del. Laws, c. 671, § 11D; 70 Del. Laws, c. 575, § 5.;

The Department may draft and recommend necessary legislation to advance the interest of the State in aeronautics and represent the State in aeronautical matters before federal agencies and other state agencies.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(8); 2 Del. C. 1953, § 137; 57 Del. Laws, c. 671, § 11D.;

The Department may participate as party plaintiff or defendant, or as intervenor on behalf of the State or any political subdivision or citizen thereof in any controversy having to do with any claimed encroachment by the federal government or any foreign state upon any state or individual rights pertaining to aeronautics.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(9); 2 Del. C. 1953, § 138; 57 Del. Laws, c. 671, § 11D.;

The Department, its members and employees, the Secretary of Transportation, and every state, county and municipal officer charged with the enforcement of state and municipal laws shall enforce and assist in the enforcement of this chapter and of all rules and regulations issued under this chapter, and of all other laws of this State relating to aeronautics, and, in the aid of such enforcement, general police powers are conferred upon the Department, each of its members, the Secretary of Transportation, and such of the officers and employees of the Department designated by it to exercise such powers. Further, the Department may, in the name of this State, enforce this chapter and the rules and regulations issued under this chapter by injunction in the courts of this State. Political subdivisions may cooperate with the Department in the development of aeronautics and aeronautics facilities in this State. The Department may use the facilities and services of other agencies of the State to the utmost extent possible, and such agencies shall make available such facilities and services.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(10); 2 Del. C. 1953, § 139; 57 Del. Laws, c. 671, §§ 11D, E; 60 Del. Laws, c. 503, § 25.;

The Department, any member thereof, the Secretary of Transportation, or any officer or employee of the Department designated by it may hold investigations, inquiries and hearings concerning matters covered by the provisions of this chapter and orders, rules and regulations of the Department, and concerning accidents in aeronautics within this State. All hearings so conducted shall be open to the public. The Secretary of Transportation, and every officer or employee of the Department designated by it to hold any inquiry, investigations or hearing 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. In case of failure to comply with any subpoena or order issued under authority of this chapter, the Department, or its authorized representative, may invoke the aid of any court of this State of general jurisdiction. The court may thereupon order the witness to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(11); 2 Del. C. 1953, § 140; 57 Del. Laws, c. 671, §§ 11D-F; 60 Del. Laws, c. 503, § 25.;

In order to facilitate the making of investigations by the Department, in the interest of public safety and promotion of aeronautics, the public interest requires, and it is, therefore, provided that the reports of investigations or hearings, or any part thereof, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding, growing out of any matter referred to in the investigation, hearing or report thereof, except in case of criminal or other proceedings instituted in behalf of the Department or this State under the provisions of this chapter and other laws of this State relating to aeronautics, nor shall the Secretary of Transportation, or any officer or employee of the Department be required to testify to any facts ascertained in, or information gained by reason of, his official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to the foregoing provisions, the Department may make available to appropriate federal and state agencies information and material developed in the course of its hearings and investigations.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(12); 2 Del. C. 1953, § 141; 57 Del. Laws, c. 671, §§ 11D, E, G; 60 Del. Laws, c. 503, § 25.;

The Department may, through the Office of Aeronautics, render assistance in the acquisition, development, operation or maintenance of airports and aviation projects of political subdivisions and public use airports and in the provision of training for formal educational programs from funds generated through fees, taxes and other sources applicable to aeronautics and administered by the Office of Aeronautics.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(13); 2 Del. C. 1953, § 142; 57 Del. Laws, c. 671, § 11D; 70 Del. Laws, c. 575, § 6.;

The Department may enter into any contracts necessary to the execution of the powers granted it by this chapter.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(14); 2 Del. C. 1953, § 143; 57 Del. Laws, c. 671, § 11D.;

The Department shall grant no exclusive right for the use of any airway, airport, restricted landing area, or other air navigation facility under its jurisdiction. This section shall not prevent the making of leases in accordance with other provisions of this chapter.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 6(15); 2 Del. C. 1953, § 144; 57 Del. Laws, c. 671, § 11D.;

The Department may cooperate with the government of the United States, and any agency or department thereof, in the acquisition, construction, improvement, maintenance and operation of airports and other air navigation facilities in this State, and may comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal moneys upon such airports and other navigation facilities.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 7(1); 2 Del. C. 1953, § 145; 57 Del. Laws, c. 671, § 11D.;

The Department may accept, receive, and receipt for federal moneys and other moneys, either public or private, for and in behalf of this State, or any political subdivision, for the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities, whether such work is to be done by the State or by such political subdivisions, or jointly, aided by grants of aid from the United States, upon terms and conditions prescribed by the laws of the United States and any rules or regulations made thereunder. The Department may act as agent of any political subdivision upon the request of such political subdivision, in accepting, receiving, and receipting for such moneys in its behalf for airports or other air navigation facility purposes, and in contracting for the acquisition, construction, improvement, maintenance, or operation of airports or other air navigation facilities, financed either in whole or in part by federal moneys. The governing body of any such political subdivision may designate the Department as its agent for such purposes and enter into an agreement with it prescribing the terms and conditions of such agency in accordance with federal laws, rules, and regulations and with this chapter. All moneys so paid over by the United States government shall be retained by the State or paid over to the political subdivision under terms and conditions imposed by the United States government in making such grants.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 7(2); 2 Del. C. 1953, § 146; 57 Del. Laws, c. 671, § 11D.;

All moneys accepted for disbursement by the Department under § 146 of this title 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 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 may, whether acting for this State or as the agent of any political subdivision, or when requested by the United States government or any agency or department thereof, disburse such moneys for the designated purposes, but this shall not preclude any other authorized method of disbursement.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 7(4); 2 Del. C. 1953, § 147; 57 Del. Laws, c. 671, § 11D.;

All contracts for the 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 as the agent of any political subdivision, shall be made under the laws of this State governing the making of like contracts. Where the acquisition, construction, improvement, maintenance, and operation of any airport, landing strip, or other air navigation facility is financed wholly or partially with federal moneys, the Department, as agent of the State or of any municipality thereof, 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.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 7(3); 2 Del. C. 1953, § 148; 57 Del. Laws, c. 671, § 11D.;