CHAPTER 5. Aircraft Operation

2 Del. C. Pt. I, Ch. 5

The federal government has enacted laws (Part A of Subtitle VII of Title 49 of the United States Code, as amended) and promulgated regulations concerning the operation of aircraft. The rules and regulations governing aviation are published in the Federal Aviation Regulations issued by the Federal Aviation Administration of the U.S. Department of Transportation. These regulations, as published and as subsequently amended, are hereby accepted and adopted as the laws of Delaware governing aircraft operation.

Code 1935, c. 167; 45 Del. Laws, c. 301, § 1(11); 2 Del. C. 1953, § 501; 70 Del. Laws, c. 575, § 15.;

The State recognizes the serious hazard to safe aircraft operations and to the public resulting from the impairment of an airperson’s faculties due to the use of alcohol or drugs. In conformity with Parts 61, 65 and 91 of the Federal Aviation Regulations, upon reasonable suspicion that an airperson may be acting under the influence of alcohol or drugs or be in possession of illegal drugs, the airperson shall submit to alcohol and/or drug testing administered by the Delaware State Police. Test results shall be forwarded to the Federal Aviation Administration by the Department.

70 Del. Laws, c. 575, § 16; 70 Del. Laws, c. 186, § 1.;

Violations under this chapter shall be referred by the Department, through the Office of Aeronautics, to the Federal Aviation Administration for enforcement action and/or imposition of sanctions.

70 Del. Laws, c. 575, § 16.;