CHAPTER 1. DEPARTMENT OF TRANSPORTATION; AVIATION LAW
IC 8-21
ARTICLE 21. AERONAUTICS
IC 8-21-1
Chapter 1. Department of Transportation; Aviation Law
IC 8-21-1-1
Definitions
Sec. 1. (a) The definitions in this section apply throughout thisarticle.
(b) "Aeronautics" means:
(1) transportation by aircraft;
(2) the operation, construction, repair, or maintenance ofaircraft, aircraft power plants and accessories, including therepair, packing, and maintenance of parachutes;
(3) the design, establishment, construction, extension,operation, improvement, repair, or maintenance of airports,landing fields, or other air navigation facilities; and
(4) air instruction.
(c) "Aircraft" means any contrivance now known, or hereafterinvented, used or designed for navigation of or flight in the air.
(d) "Public aircraft" means an aircraft used exclusively in theservice of any government or of any political subdivision of agovernment, including the government of any state but not includingany government owned aircraft engaged in carrying persons orproperty for commercial purposes.
(e) "Civil aircraft" means any aircraft other than a public aircraft.
(f) "Airport" means any location either on land or water which isused for the landing and taking off of aircraft.
(g) "Department" refers to the Indiana department oftransportation.
(h) "Landing field" means any airport which provides neitherfacilities nor services other than an area designated for the landingand taking off of aircraft.
(i) "Air navigation facility" means any facility other than oneowned or controlled by the federal government, used in, available foruse in, or designed for use in aid of air navigation, including:
(1) airports;
(2) landing fields;
(3) any structures, mechanisms, lights, beacons, marks,communicating systems, or other instrumentalities or devicesused or useful as an aid, or constituting an advantage orconvenience, to the safe taking-off, navigation, and landing ofaircraft, or the safe and efficient operation or maintenance of anairport or landing field; and
(4) any combination of any or all of such facilities.
(j) "Air navigation" means the operation or navigation of aircraftin the air space over this state, or upon any airport or landing fieldwithin this state. (k) "Operation of aircraft" or "operate aircraft" means the use ofaircraft for the purpose of air navigation, and includes the navigationor piloting of aircraft. Any person who causes or authorizes theoperation of aircraft, whether with or without the right of legalcontrol (in the capacity of owner, lessee, or otherwise) of the aircraft,is considered to be engaged in the operation of aircraft within themeaning of the Indiana statutes.
(l) "Airman" means any individual who engages, as the person incommand, or as pilot, mechanic, or member of the crew, in thenavigation of aircraft while under way and (excepting individualsemployed outside the United States, any individual employed outsidethe United States, any individual employed by a manufacturer ofaircraft, aircraft engines, propellers, or appliances to perform dutiesas inspector or mechanic in connection therewith, and any individualperforming inspection or mechanical duties in connection withaircraft owned or operated by the individual) any individual who isdirectly in charge of the inspection, maintenance, overhauling, orrepair of aircraft engines, propellers, or appliances and anyindividual who serves in the capacity of aircraft dispatcher orair-traffic control-tower operator.
(m) "Air instruction" means the imparting of aeronauticalinformation by any aeronautics instructor or in or by any air schoolor flying club.
(n) "Air school" means any person engaged in giving, or offeringto give, instruction in aeronautics, either in flying or ground subjects,or both, for or without hire or reward, and advertising, representing,or professing to give or offer to give such instruction.
(o) "Aeronautics instructor" means an individual engaged ingiving instruction, or offering to give instruction, in aeronautics,either in flying or ground subjects, or both, for hire or reward,without advertising such occupation, without calling the individual'sfacilities an air school or anything equivalent thereto, and withoutemploying or using other instructors.
(p) "Flying club" means any person other than an individual,which, neither for profit nor reward, owns, leases, or uses one (1) ormore aircraft for the purpose of instruction or pleasure, or both.
(q) "Person" means any individual, firm, partnership, corporation,company, limited liability company, association, joint stockassociation, or body politic. The term includes any trustee, receiver,assignee, or other similar representative.
(r) "State airway" means a route in the navigable air space overand above the lands or water of Indiana designated by the departmentas a route suitable for air navigation.
(s) "Navigable air space" means air space above the minimumaltitudes of flight prescribed by Indiana laws or by rules of thedepartment consistent with Indiana laws.
(t) "Municipality" means any county, city, or town of Indiana andany other political subdivision, public corporation, authority, ordistrict in Indiana which is or may be authorized by law to acquire,establish, construct, maintain, improve, and operate airports and
other air navigation facilities.
(u) "Airport protection privileges" means easements through orother interests in air space over land or water, interests in airporthazards outside the boundaries of airports or landing fields, and otherprotection privileges, the acquisition or control of which is necessaryto ensure safe approaches to the landing areas of the airports andlanding fields and the safe and efficient operation of airports andlanding fields.
(v) "Airport hazard" means any structure, object of naturalgrowth, or use of land, which obstructs the air space required for theflight of aircraft in landing or taking off at any airport or landingfield or is otherwise hazardous to such landing or taking off.
(w) "CAB-certificated air carrier" means an air carrier which isoperating under a valid certificate of public convenience andnecessity issued by the Civil Aeronautics Board under Public Law85-726, Title VI, Aug. 23, 1958, 72 Stat. 754, 49 U.S.C. 1371 asamended.
(Formerly: Acts 1945, c.360, s.1; Acts 1963, c.229, s.1; Acts 1975,P.L.93, SEC.1.) As amended by Acts 1980, P.L.74, SEC.308;P.L.3-1989, SEC.69; P.L.18-1990, SEC.154; P.L.8-1993, SEC.147.
IC 8-21-1-2
Purpose
Sec. 2. It is hereby declared that the purpose of this chapter is tofurther the public interest and aeronautical progress by providing forthe protection and increase of safety in aeronautics; by cooperatingin effecting a uniformity of the laws relating to the development andregulation of aeronautics in the several states; by revising existingstatutes relative to the development and regulation of aeronautics soas to grant to a state agency such powers and impose upon it suchduties that the state may properly perform its functions relative toaeronautics and effectively exercise its jurisdiction over persons andproperty within such jurisdiction, may assist in the building of astatewise system of airports, may cooperate with and assist thepolitical subdivisions of this state and others engaged in aeronautics,and may encourage and develop aeronautics; by establishing uniformregulations, consistent with federal regulations and those of otherstates, in order that those engaged in aeronautics of every charactermay so engage with the least possible restriction, consistent with thesafety and the rights of others; and by providing for cooperation withthe federal authorities in the development of a national system ofcivil aviation and for coordination of the aeronautical activities ofthose authorities and the authorities of this state, by assisting inaccomplishing the purposes of federal legislation and eliminatingcostly and unnecessary duplication of functions properly in theprovince of federal agencies.
(Formerly: Acts 1945, c.360, s.2; Acts 1975, P.L.93, SEC.2.)
IC 8-21-1-3
Repealed (Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-21-1-4
Repealed
(Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-21-1-5
Repealed
(Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-21-1-6
Repealed
(Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-21-1-7
Federal aid; crediting
Sec. 7. All sums received from the government of the UnitedStates and any agency or department thereof as federal aid foraviation purposes except sums received by municipalities underIC 8-21-8-1(c)(2) shall be credited to the department by the auditorof state and shall be used in accordance with federal laws andregulations and the laws of this state.
(Formerly: Acts 1945, c.360, s.7; Acts 1975, P.L.93, SEC.7.) Asamended by Acts 1980, P.L.74, SEC.309.
IC 8-21-1-8
Powers and duties
Sec. 8. (a) The department shall encourage, foster, and assist inthe development of aeronautics in this state and shall encourage theestablishment of airports, landing fields, and other navigationfacilities.
(b) The department shall cooperate with and assist the federalgovernment, the political subdivisions of this state, and othersengaged in aeronautics or the advancement of aeronautics and shallseek to coordinate the aeronautical activities of these bodies.
(c) All rules prescribed by the department concerning aeronauticsshall be kept in conformity with, and limited to as nearly as may be,the then current federal legislation governing aeronautics and theregulations duly promulgated thereunder.
(d) The department shall develop and continuously update aproposed state airports system plan which will best serve the interestsof the state and its political subdivisions. Such state airports systemplan shall be coordinated with the national airport plan prepared bythe federal agency fostering civil aviation.
(e) The department may publish and revise from time to time astate airways system plan, and maps, directories, or other materialsdeemed necessary may be sold by the department at a price whichshall be fixed by the department. All money accruing from the saleof any such publication:
(1) shall be paid into the state treasury; (2) shall be credited to the department; and
(3) is hereby appropriated to such department to be used forfuture publications by the department, without reversion to thegeneral fund of the state at the end of any fiscal year. However,any time the balance in said fund exceeds ten thousand dollars($10,000), such excess shall revert to the general fund of thestate.
(f) The department may offer the engineering or other technicaladvice of the department, without charge, to any municipality orperson desiring them in connection with the construction,maintenance, or operation or proposed construction, maintenance, oroperation of an airport or landing field.
(g) The department may recommend necessary legislation toadvance the interests of the state in aeronautics and represent thestate in aeronautical matters before federal agencies and other stateagencies.
(h) The department shall have the power to approve or disapproveall purchases made by any municipality of any land to be used bysaid municipality for the establishment of any airport or landingfield, and the establishment by any municipality of any airport orlanding field.
(i) The department may participate as party plaintiff or defendant,or as intervener on behalf of the state or any municipality or citizenthereof in any controversy having to do with any claimedencroachment by the federal government or any foreign state uponany state or individual rights pertaining to aeronautics.
(j) Municipalities are authorized to cooperate with the departmentin the development of aeronautics and aeronautical facilities andservices of other agencies of the state to the utmost extent possible,and such agencies are authorized and directed to make available suchfacilities and services.
(k) The department, or any employee designated by it, shall havethe power to hold investigations, and hearings concerning matterscovered by this chapter and orders and rules of the department, inaccordance with IC 4-21.5. All hearings so conducted shall be opento the public. The reports of investigations or hearings, or any partthereof, shall not be admitted in evidence or used for any purpose inany suit, action, or proceeding, growing out of any matter referred toin said investigation, hearing, or report thereof, except in case ofcriminal or other proceedings instituted in behalf of the departmentor this state under the provisions of this chapter and other laws ofthis state.
(l) The department may render advice in the acquisition,development, operation, or maintenance of airports owned,controlled, or operated, or to be owned, controlled, or operated, bymunicipalities in this state.
(m) The department may not grant any exclusive right for the useof any airway, airport, landing field, or other air navigation facilityunder its jurisdiction. This subsection shall not prevent the makingof leases in accordance with other provisions of this chapter. (n) Gifts or grants of money for aeronautical purposes may bereceived by the state and shall be deposited in an aviation fund.Disbursal of such funds shall be for aeronautical purposes only or forthe purpose for which they were given or granted. Gifts or grants ofproperty for aeronautical purposes may be received by the state andshall be used for the purpose given or granted. Gifts or grants ofmoney or property for aeronautical purposes must be administeredin the same manner as other gifts and grants received by the state areadministered.
(o) The department may adopt rules under IC 4-22-2 and subjectto IC 8-9.5-2.6(7) for the control of aircraft accident sites in Indiana.Until representatives of appropriate federal agencies arrive on thesite of an aircraft accident, state and local law enforcement agenciesand accident investigation agencies shall comply with any rulesadopted by the department under this section.
(p) The department may, with written approval of the budgetagency, purchase and operate aircraft forfeited under IC 34-24-1 (orIC 34-4-30.1 before its repeal). When the department acquires anaircraft, it shall pay all proper expenses of the proceedings forforfeiture and sale, including expenses of seizure, maintenance ofcustody, and advertising and court costs.
(Formerly: Acts 1945, c.360, s.8; Acts 1951, c.300, s.1; Acts 1975,P.L.93, SEC.8.) As amended by Acts 1979, P.L.98, SEC.1; Acts 1979,P.L.99, SEC.1; Acts 1980, P.L.74, SEC.310; Acts 1981, P.L.11,SEC.67; Acts 1982, P.L.62, SEC.12; P.L.7-1987, SEC.13;P.L.18-1990, SEC.155; P.L.1-1998, SEC.90.
IC 8-21-1-9
Cooperation with United States; accepting federal aid; deposit ofmoney
Sec. 9. (a) The department is authorized to cooperate with thegovernment of the United States, and any agency or departmentthereof, in the acquisition, construction, improvement, maintenance,and operation of airports and other air navigation facilities in thisstate, and to comply with the provisions of the laws of the UnitedStates and any regulations made thereunder for the expenditure offederal moneys upon such airports and other navigation facilities.
(b) The department may accept, receive, and receipt for federalmoney and other moneys, either public or private, for and in behalfof any municipality or person, for the acquisition, construction,improvement, maintenance, and operation of airports and othernavigation facilities, where such work is to be done by suchmunicipalities or persons aided by grants of aid from the UnitedStates, upon such terms and conditions as are or may be prescribedby the laws of the United States and any rules or regulations madethereunder.
(c) All moneys accepted for disbursement by the department inaccordance with the provisions of this section shall be deposited inthe state treasury, and, unless otherwise prescribed by the authorityfrom which the money is received, kept in separate funds, designated
according to the purposes for which the moneys were madeavailable, and held by the state in trust for such purposes. Thedepartment is authorized, whether acting for this state or as the agentof any of its municipalities, or when requested by the United Statesgovernment or any agency or department thereof, to disburse suchmoneys for the designated purposes, but this shall not preclude anyother authorized method of disbursement.
(Formerly: Acts 1945, c.360, s.9; Acts 1975, P.L.93, SEC.9.) Asamended by P.L.16-1983, SEC.8.
IC 8-21-1-10
Approval of proposed and established airport sites
Sec. 10. (a) The department may issue certificates of approval toboth proposed airport sites and established airports.
(b) Any municipality or person desiring to acquire, establish,construct or lease any airport or landing field in this state for the useof airplanes or other aircraft shall, prior to the acquisition of the siteor prior to the construction or establishment of the proposed airport,make application to the department for approval of such site. Thedepartment shall, with reasonable dispatch, grant approval of a siteif it is satisfied:
(1) that the site is adequate for the airport or landing fieldproposed;
(2) that such proposed airport, if constructed or established, willconform to the minimum standards of safety as may beestablished or prescribed by the department;
(3) that safe air traffic patterns could be worked out for suchproposed airport and for all existing airports and approvedairport sites in its vicinity; and
(4) that an airport master plan or airport layout plan for theairport is filled with the department.
An approval of each site may be granted subject to any reasonableconditions which the department may deem necessary to effectuatethe purposes of this chapter and which remain in effect, unlesssooner revoked by the department, until a certificate of approval ofan airport located on the approved site has been issued pursuant to itsrules and regulations.
(c) The department shall issue a certificate of approval to anyestablished airport which conforms to minimum standards of safetyas many from time to time be prescribed by the department.
(d) The department may revoke a certificate of approval when:
(1) there has been an abandonment of the site as an airport site;or
(2) there has been a failure within the time prescribed, or if notime was prescribed, within a reasonable time to develop thesite as an airport; or
(3) there has been a failure to maintain compliance with theconditions of the approval certificate; or
(4) because of change of physical or legal conditions orcircumstances the site is no longer usable for aeronautical
purposes for which the approval was granted.
(e) This section does not apply to airports owned or operated bythe United States. The department may, from time to time, to theextent necessary, exempt any other class of airports, pursuant to areasonable classification or grouping, from any rule or regulationpromulgated under this section or from any requirement of such arule or regulation, if it finds that the application of such rule,regulation or requirement would be an undue burden on such classand is not required in the interest of public safety.
(f) To carry out the provisions of this chapter, the department mayinspect and examine at reasonable hours any of the premises of anairport or landing area within this state.
(g) The department shall annually issue Certificates of Approvalto:
(1) airports which do not serve a CAB-certificated air carrierand which the department determines, by means of an annualon-site inspection, to be in compliance with its rules andregulations; and
(2) airports which serve a CAB-certificated air carrier andwhich have a valid Airport Operating Certificate as issued bythe Federal Aviation Administration. However, if federalauthorities abandon or relinquish on-site inspection of this classof airports, the department shall issue a Certificate of Approvalsubject to the inspection and compliance requirement inparagraph (1) of this subsection.
(h) The department shall classify all airports, landing fields andother air navigation facilities within the state, such classification tobe in accord as nearly as practicable with those of the FederalAviation Administration. It shall issue and publish an annualdirectory of such air navigation facilities.
(Formerly: Acts 1945, c.360, s.10; Acts 1951, c.300, s.2; Acts 1975,P.L.93, SEC.10.) As amended by Acts 1977, P.L.114, SEC.1; Acts1980, P.L.74, SEC.311.
IC 8-21-1-10.1
Exemptions
Sec. 10.1. (a) For purposes of this section and section 10.2 of thischapter, a "lighter-than-air aircraft" means a gas or hot air filled freeballoon, with or without airborne heaters or engines, or any othertype of balloon designed to transport persons or goods.
(b) The provisions of section 10 of this chapter relating to thedepartment's authority to issue certificates of approval for airportsites do not apply to provisional landing sites which are used foragricultural application if the applicator:
(1) is licensed as a pesticide operator by the state chemist andhas met the requirements of IC 15-16-5-48; and
(2) has received permission to use the land for agriculturalaviation purposes from the owner or lessee of the land.
(c) The provisions of section 10 of this chapter relating to thedepartment's authority to issue certificates of approval for airport
sites do not apply to provisional landing sites for helicopters if theoperator of the helicopter:
(1) meets Federal Aviation Administration qualifications foroperation of the specific aircraft;
(2) determines that air routes to and from the site are acceptableto the aircraft's limitations and that proposed routes incongested areas provide for emergency landings in the eventthat an autorotation descent is necessary;
(3) follows all Federal Aviation Administration regulationscovering landing on and departing from the site; and
(4) has received permission to use the site from the owner orlessee of the site.
(d) The provisions of section 10 of this chapter relating to thedepartment's authority to issue certificates of approval for airportsites do not apply to provisional landing sites which are used forlighter-than-air aircraft. However, no person may operate alighter-than-air aircraft from any landing site unless the pilot is incompliance with:
(1) all applicable federal air regulations; and
(2) all rules and regulations adopted by the department whichrelate to the operation of a lighter-than-air aircraft.
As added by Acts 1979, P.L.100, SEC.1. Amended by Acts 1980,P.L.74, SEC.312; Acts 1982, P.L.62, SEC.13; P.L.2-2008, SEC.26.
IC 8-21-1-10.2
Violation of IC 8-21-1-10.1 as Class B infraction
Sec. 10.2. (a) Any person not meeting the qualifications of section10.1 of this chapter who uses a provisional aircraft landing site,which has not been issued a certificate of approval from thedepartment, for agricultural application or helicopter operationscommits a Class B infraction.
(b) Any person who operates a lighter-than-air aircraft in violationof section 10.1 of this chapter commits a Class B infraction.
As added by Acts 1979, P.L.100, SEC.2. Amended by Acts 1980,P.L.74, SEC.313.
IC 8-21-1-10.5
Airport approval certificates; number of flights
Sec. 10.5. (a) As used in this section, "hospital" means a facilitylicensed under IC 16-21.
(b) The provisions of section 10 of this chapter relating to thedepartment's authority to issue certificates of approval for airportsites apply to a landing site operated by a hospital or fire departmentonly if the hospital or fire department regularly receives ordispatches an average of more than one (1) helicopter during seven(7) consecutive days.
(c) The average number of helicopter flights under subsection (b)shall be determined and reviewed on an annual basis.
As added by P.L.105-1993, SEC.1. Amended by P.L.1-1994, SEC.37.
IC 8-21-1-11
Repealed
(Repealed by Acts 1982, P.L.1, SEC.71.)
IC 8-21-1-12
Obstructing airport inspection
Sec. 12. A person who recklessly prevents or obstructs thedepartment from inspecting an airport as authorized by this chaptercommits a Class B misdemeanor.
(Formerly: Acts 1945, c.360, s.12; Acts 1975, P.L.93, SEC.12.) Asamended by Acts 1978, P.L.2, SEC.858; Acts 1980, P.L.74, SEC.315.
IC 8-21-1-13
Repealed
(Repealed by Acts 1980, P.L.74, SEC.434.)
IC 8-21-1-14
Public use airport development; utilization of airport facilities; useof airport development funds; duties of sponsor
Sec. 14. (a) The department shall encourage the development ofpublic use airports (as defined in 49 U.S.C. 47102).
(b) The department shall encourage the utilization andpreservation of necessary airport facilities that are included in theNational Airport and Airways System Plan and the state airportssystem plan and that:
(1) have been developed and maintained by private enterprise;
(2) meet the requirements of section 10 of this chapterconcerning certification of airports; and
(3) have been established and are used by the public as amunicipal purpose airport as described under IC 6-1.1-10-15.
(c) The department may participate and cooperate with theFederal Aviation Agency and with the sponsor (as defined inIC 8-21-8-1) and owner of a public use airport (as defined in 49U.S.C. 47102) by using airport development funds administered bythe department.
(d) The sponsor of any approved airport development projectmust:
(1) provide the sponsor's share of funds for the project; and
(2) meet any other requirements for participation and operationof the airport.
(e) IC 8-21-8-1 applies to this section.
As added by P.L.128-1987, SEC.1. Amended by P.L.1-1999, SEC.21.