TITLE 2

Transportation

Aeronautics

CHAPTER 1. REGULATION

Subchapter III. Registration and Licenses


(a) The Federal Aviation Regulations (promulgated by the Federal Aviation Administration pursuant to Part A of Subtitle VII of Title 49 of the United States Code, as amended) prescribe uniform rules and regulations pertaining to aviation. These regulations, as may be amended, are hereby adopted as the aeronautics regulations of the State. They shall be augmented and supplemented as necessary to regulate matters peculiar to this State.

(b) When authorized by the General Assembly, the Department of Transportation shall procure and operate transport-type aircraft to satisfy the needs of the State. Other state agencies may own and operate specialized light planes and helicopters required for special needs such as police work.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 9(1); 2 Del. C. 1953, § 161; 57 Del. Laws, c. 671, § 11D; 70 Del. Laws, c. 575, § 7.;

The Department, through the Office of Aeronautics, may approve and license airports and helicopter landing sites or other air navigation facilities in accordance with regulations it adopts pertaining to such approval and licensure. Licenses granted under this section shall be renewed annually in conjunction with the Federal Aviation Administration sponsored airport survey program.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 9(1); 2 Del. C. 1953, § 164; 57 Del. Laws, c. 671, § 11D; 70 Del. Laws, c. 575, § 8.;

The Department, through the Office of Aeronautics, may suspend or revoke any certificate of approval or license issued by it when it determines that an airport, restricted landing area or other navigation facility is not being maintained or used in accordance with the provisions of this chapter and the rules and regulations lawfully promulgated by it pursuant thereto.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 9(1), (10); 2 Del. C. 1953, § 165; 57 Del. Laws, c. 671, § 11D; 70 Del. Laws, c. 575, § 8.;

(a) All proposed airports, restricted landing areas, and other air navigation facilities shall be first licensed by the Department before they, or any of them, shall be used or operated.

(b) Any political subdivision or person acquiring property for the purpose of constructing or establishing an airport or restricted landing area shall, prior to the acquisition, make application to the Department for a certificate of approval of the site selected and the general purpose or purposes for which the property is to be acquired, to insure that the property and its use shall conform to minimum standards of safety and shall serve public interest.

(c) No political subdivision or officer or employer thereof, or person, shall operate an airport, restricted landing area, or other air navigation facility unless an annual license therefor has been issued by the Department.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 9(6); 2 Del. C. 1953, § 170; 57 Del. Laws, c. 671, § 11D.;

Whenever the Department makes an order granting or denying a certificate of approval of an airport or a restricted landing area site, or an original license to use or operate an airport, restricted landing area or other air navigation facility, and the applicant or any interested political subdivision, within 15 days after notice of such order has been sent to the applicant by registered mail, demands a public hearing, or whenever the Department desires to hold a public hearing before making an order, such a public hearing in relation thereto shall be held in the political subdivision applying for the certificate of approval or license, or in case the application was made by anyone other than a political subdivision, at the county seat of the county in which the proposed airport, restricted landing area or other air navigation facility is proposed to be situated, at which hearing parties in interest and other persons shall have an opportunity to be heard. Notice of the hearing shall be published, at least twice, by the Department in a legal newspaper of general circulation in the county in which the hearing is to be held, the first publication to be at least 15 days prior to the date of hearing. After a proper and timely demand has been made the order shall be stayed until after the hearing, when the Department may affirm, modify or reverse it, or make a new order. If no hearing is demanded as herein provided, the order shall become effective upon the expiration of the time permitted for making a demand. Where a certificate of approval of an airport or restricted landing area site has been issued by the Department, it may grant a license for operation and use, and no hearing shall be demanded thereon.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 9(7); 2 Del. C. 1953, § 171; 57 Del. Laws, c. 671, § 11D.;

In determining whether it shall issue a certificate of approval of a site or license for the use or operation of any proposed airport or restricted landing area, the Department shall take into consideration its proposed location, size and layout, the relationship of the proposed airport or restricted landing area to a comprehensive plan for statewide and nationwide development, whether there are safe areas available for expansion purposes, whether the adjoining area is free from obstructions based on a proper glide ratio, the nature of the terrain, the nature of the uses to which the proposed airport or restricted landing area will be put, and the possibilities for future development.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 9(8); 2 Del. C. 1953, § 172; 57 Del. Laws, c. 671, § 11D.;

Sections 170 through 172 inclusive of this title shall not apply to restricted landing areas designed for personal use or to any airport, restricted landing area or other air navigation facility owned or operated by the federal government within this State.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 9(9), (11); 2 Del. C. 1953, § 173.;

In any case where the Department refuses to issue a certificate of approval of or license or renewal of license for an airport, restricted landing area or other air navigation facility, or refuses to permit the registration of any license, certificate or permit, or refuses to grant a license to an air school or to an aeronautics instructor in ground subjects, or in any case where it issues any order requiring certain things to be done, or revoking any license or certificate, it shall set forth its reasons therefor and shall state the requirements to be met before such approval will be given, registration permitted, license granted or order modified or changed. Any order made by the Department under this chapter shall be served upon the interested persons by registered mail or in person. To carry out this chapter the Department, any member thereof, the Secretary of Transportation or officers or employees of the Department and any officers, state or municipal, charged with the duty of enforcing this chapter may inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, restricted landing areas, air schools, flying clubs or other air navigation facilities or aeronautical activities are operated or carried on.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 10(1); 2 Del. C. 1953, § 174; 57 Del. Laws, c. 671, §§ 11D, E; 60 Del. Laws, c. 503, § 25.;

Any person aggrieved by an order of the Department, or by the granting or denial of any license, certificate, or registration may have the action of the Department reviewed by the Superior Court in the manner provided for the review of the orders of other administrative bodies of the State, and the rules of law applicable to such reviews shall apply.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 10(2); 2 Del. C. 1953, § 175; 57 Del. Laws, c. 671, § 11D.;