State Codes and Statutes
Statutes > Texas > Transportation-code > Title-3-aviation > Chapter-24-operation-of-aircraft
TRANSPORTATION CODE
TITLE 3. AVIATION
CHAPTER 24. OPERATION OF AIRCRAFT
SUBCHAPTER A. FEDERAL REQUIREMENTS REGARDING AIRMAN CERTIFICATION
Sec. 24.001. DEFINITIONS. In this subchapter:
(1) "Aircraft" means a device that is invented, used, or
designated for air navigation or flight, other than a parachute
or other device used primarily as safety equipment.
(2) "Airman" means:
(A) a person, including the person in command of an aircraft or
a pilot, mechanic, or member of the crew, who engages in the
navigation of an aircraft while under way; or
(B) the person who is in charge of the inspection, overhaul, or
repair of an aircraft.
(3) "Airman certificate" means a certificate issued to an airman
under 49 U.S.C. Section 1422.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.002. APPLICATION. This subchapter does not apply to an
aircraft owned by and used exclusively in the service of the
federal or state government.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.003. OPERATION OF AIRCRAFT WITHOUT AIRMAN CERTIFICATE;
OFFENSE. (a) A person commits an offense if the person:
(1) navigates an aircraft in this state without an airman
certificate; or
(2) serves as an airman in connection with an aircraft flown or
operated in this state without an airman certificate.
(b) An offense under Subsection (a) is a misdemeanor punishable
by:
(1) a fine of not less than $100 and not more than $500;
(2) confinement in county jail for not less than 30 days and not
more than six months; or
(3) both the fine and the confinement.
(c) It is a defense to prosecution under this section that the
person could be prosecuted under the laws or regulations of the
United States for the alleged violation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.004. INSPECTION OF AIRMAN CERTIFICATE. A person holding
an airman certificate shall keep the certificate in the person's
possession when the person is operating an aircraft within this
state or serving in connection with an aircraft flown or operated
in this state. The person shall present the certificate for
inspection on the demand of:
(1) a passenger;
(2) a peace officer of this state; or
(3) an official, manager, or person in charge of an airport or
landing field in this state on which the person lands an aircraft
or performs a service.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.005. AIRCRAFT LICENSURE AND REGISTRATION. A person may
not navigate an aircraft in this state, whether for commercial,
pleasure, or noncommercial purposes, unless the aircraft is
licensed and registered in the manner provided by the Federal
Aviation Administration.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. OTHER FEDERAL REQUIREMENTS REGARDING AIRCRAFT
Sec. 24.011. FAILURE TO REGISTER AIRCRAFT; OFFENSE. (a) A
person commits an offense if the person operates or navigates an
aircraft that the person knows is not properly registered under
Federal Aviation Administration aircraft registration
regulations, 14 C.F.R. Part 47, as those regulations existed on
September 1, 1985.
(b) An offense under Subsection (a) is a felony of the third
degree.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.012. AIRCRAFT IDENTIFICATION NUMBERS; OFFENSE. (a) The
failure to have the aircraft identification numbers clearly
displayed on an aircraft in compliance with federal aviation
regulations is probable cause for a peace officer to further
inspect the aircraft to determine the identity of the owner of
the aircraft.
(b) A peace officer may inspect an aircraft under Subsection (a)
if the aircraft is located on public property or on private
property if the officer has the consent of the property owner.
(c) A person commits an offense if the person operates an
aircraft that the person knows does not have aircraft
identification numbers that comply with federal aviation
regulations.
(d) An offense under Subsection (c) is a felony of the third
degree.
(e) In this section, "federal aviation regulations" means the
regulations adopted by the Federal Aviation Administration
regarding identification and registration marking, 14 C.F.R. Part
45, as those regulations existed on September 1, 1985, except a
regulation in existence on September 1, 1985, that is
inconsistent with a regulation adopted after that date.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.013. AIRCRAFT FUEL CONTAINERS; OFFENSE. (a) A person
commits an offense if the person operates or intends to operate
an aircraft equipped with:
(1) a fuel container that the person knows does not conform to
federal aviation regulations or that has not been approved by the
Federal Aviation Administration by inspection or special permit;
or
(2) a pipe, hose, or auxiliary pump that is used or intended for
transferring fuel to the primary fuel system of an aircraft from
a fuel container that the person knows does not conform to
federal aviation regulations or that has not been approved by the
Federal Aviation Administration by inspection or special permit.
(b) An offense under Subsection (a) is a felony of the third
degree.
(c) A peace officer may seize an aircraft equipped with a fuel
container that is the subject of an offense under Subsection (a).
(d) An aircraft seized under Subsection (c) may be forfeited to
the Department of Public Safety in the same manner as property
subject to forfeiture under Article 18.18, Code of Criminal
Procedure.
(e) An aircraft forfeited under Subsection (d) is subject to
Chapter 2205, Government Code.
(f) In this section:
(1) "Federal aviation regulations" means the following
regulations adopted by the Federal Aviation Administration as
those regulations existed on September 1, 1985, except a
regulation in existence on September 1, 1985, that is
inconsistent with a regulation adopted after that date:
(A) certification procedures for products and parts, 14 C.F.R.
Part 21;
(B) maintenance, preventive maintenance, rebuilding, and
alteration regulations, 14 C.F.R. Part 43; and
(C) general operating and flight rules, 14 C.F.R. Part 91.
(2) "Operate" means to use, cause to use, or authorize to use an
aircraft for air navigation and includes:
(A) the piloting of an aircraft, with or without the right of
legal control;
(B) the taxiing of an aircraft before takeoff or after landing;
and
(C) the postflight or preflight inspection or starting of the
engine of an aircraft.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. USE OF PUBLIC ROADS BY AIRCRAFT
Sec. 24.021. TAKING OFF, LANDING, OR MANEUVERING AIRCRAFT ON
HIGHWAYS, ROADS, OR STREETS; OFFENSE. (a) A person commits an
offense if the person takes off, lands, or maneuvers an aircraft,
whether heavier or lighter than air, on a public highway, road,
or street except:
(1) when necessary to prevent serious injury to a person or
property;
(2) during or within a reasonable time after an emergency; or
(3) as provided by Section 24.022.
(b) An offense under Subsection (a) is a misdemeanor punishable
by a fine of not less than $25 and not more than $200.
(c) The procedure prescribed by Section 543.003 applies to a
violation of this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.04, eff. Sept.
1, 1997.
Sec. 24.022. USE OF AIRCRAFT ON COUNTY ROADS. (a) A
commissioners court of a county may enact ordinances to ensure
the safe use of county roads by aircraft. An ordinance may:
(1) limit the kinds of aircraft that may use the roads;
(2) establish the procedure that a pilot shall follow before
using a road, including requiring the pilot to furnish persons
with flags at both ends of the road to be used; or
(3) establish other requirements considered necessary for the
safe use of the roads by aircraft.
(b) A pilot who follows the ordinances adopted under Subsection
(a):
(1) may land or take off in the aircraft on a county road; and
(2) is not subject to the traffic laws of this state during the
landing or takeoff.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
State Codes and Statutes
Statutes > Texas > Transportation-code > Title-3-aviation > Chapter-24-operation-of-aircraft
TRANSPORTATION CODE
TITLE 3. AVIATION
CHAPTER 24. OPERATION OF AIRCRAFT
SUBCHAPTER A. FEDERAL REQUIREMENTS REGARDING AIRMAN CERTIFICATION
Sec. 24.001. DEFINITIONS. In this subchapter:
(1) "Aircraft" means a device that is invented, used, or
designated for air navigation or flight, other than a parachute
or other device used primarily as safety equipment.
(2) "Airman" means:
(A) a person, including the person in command of an aircraft or
a pilot, mechanic, or member of the crew, who engages in the
navigation of an aircraft while under way; or
(B) the person who is in charge of the inspection, overhaul, or
repair of an aircraft.
(3) "Airman certificate" means a certificate issued to an airman
under 49 U.S.C. Section 1422.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.002. APPLICATION. This subchapter does not apply to an
aircraft owned by and used exclusively in the service of the
federal or state government.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.003. OPERATION OF AIRCRAFT WITHOUT AIRMAN CERTIFICATE;
OFFENSE. (a) A person commits an offense if the person:
(1) navigates an aircraft in this state without an airman
certificate; or
(2) serves as an airman in connection with an aircraft flown or
operated in this state without an airman certificate.
(b) An offense under Subsection (a) is a misdemeanor punishable
by:
(1) a fine of not less than $100 and not more than $500;
(2) confinement in county jail for not less than 30 days and not
more than six months; or
(3) both the fine and the confinement.
(c) It is a defense to prosecution under this section that the
person could be prosecuted under the laws or regulations of the
United States for the alleged violation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.004. INSPECTION OF AIRMAN CERTIFICATE. A person holding
an airman certificate shall keep the certificate in the person's
possession when the person is operating an aircraft within this
state or serving in connection with an aircraft flown or operated
in this state. The person shall present the certificate for
inspection on the demand of:
(1) a passenger;
(2) a peace officer of this state; or
(3) an official, manager, or person in charge of an airport or
landing field in this state on which the person lands an aircraft
or performs a service.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.005. AIRCRAFT LICENSURE AND REGISTRATION. A person may
not navigate an aircraft in this state, whether for commercial,
pleasure, or noncommercial purposes, unless the aircraft is
licensed and registered in the manner provided by the Federal
Aviation Administration.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. OTHER FEDERAL REQUIREMENTS REGARDING AIRCRAFT
Sec. 24.011. FAILURE TO REGISTER AIRCRAFT; OFFENSE. (a) A
person commits an offense if the person operates or navigates an
aircraft that the person knows is not properly registered under
Federal Aviation Administration aircraft registration
regulations, 14 C.F.R. Part 47, as those regulations existed on
September 1, 1985.
(b) An offense under Subsection (a) is a felony of the third
degree.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.012. AIRCRAFT IDENTIFICATION NUMBERS; OFFENSE. (a) The
failure to have the aircraft identification numbers clearly
displayed on an aircraft in compliance with federal aviation
regulations is probable cause for a peace officer to further
inspect the aircraft to determine the identity of the owner of
the aircraft.
(b) A peace officer may inspect an aircraft under Subsection (a)
if the aircraft is located on public property or on private
property if the officer has the consent of the property owner.
(c) A person commits an offense if the person operates an
aircraft that the person knows does not have aircraft
identification numbers that comply with federal aviation
regulations.
(d) An offense under Subsection (c) is a felony of the third
degree.
(e) In this section, "federal aviation regulations" means the
regulations adopted by the Federal Aviation Administration
regarding identification and registration marking, 14 C.F.R. Part
45, as those regulations existed on September 1, 1985, except a
regulation in existence on September 1, 1985, that is
inconsistent with a regulation adopted after that date.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.013. AIRCRAFT FUEL CONTAINERS; OFFENSE. (a) A person
commits an offense if the person operates or intends to operate
an aircraft equipped with:
(1) a fuel container that the person knows does not conform to
federal aviation regulations or that has not been approved by the
Federal Aviation Administration by inspection or special permit;
or
(2) a pipe, hose, or auxiliary pump that is used or intended for
transferring fuel to the primary fuel system of an aircraft from
a fuel container that the person knows does not conform to
federal aviation regulations or that has not been approved by the
Federal Aviation Administration by inspection or special permit.
(b) An offense under Subsection (a) is a felony of the third
degree.
(c) A peace officer may seize an aircraft equipped with a fuel
container that is the subject of an offense under Subsection (a).
(d) An aircraft seized under Subsection (c) may be forfeited to
the Department of Public Safety in the same manner as property
subject to forfeiture under Article 18.18, Code of Criminal
Procedure.
(e) An aircraft forfeited under Subsection (d) is subject to
Chapter 2205, Government Code.
(f) In this section:
(1) "Federal aviation regulations" means the following
regulations adopted by the Federal Aviation Administration as
those regulations existed on September 1, 1985, except a
regulation in existence on September 1, 1985, that is
inconsistent with a regulation adopted after that date:
(A) certification procedures for products and parts, 14 C.F.R.
Part 21;
(B) maintenance, preventive maintenance, rebuilding, and
alteration regulations, 14 C.F.R. Part 43; and
(C) general operating and flight rules, 14 C.F.R. Part 91.
(2) "Operate" means to use, cause to use, or authorize to use an
aircraft for air navigation and includes:
(A) the piloting of an aircraft, with or without the right of
legal control;
(B) the taxiing of an aircraft before takeoff or after landing;
and
(C) the postflight or preflight inspection or starting of the
engine of an aircraft.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. USE OF PUBLIC ROADS BY AIRCRAFT
Sec. 24.021. TAKING OFF, LANDING, OR MANEUVERING AIRCRAFT ON
HIGHWAYS, ROADS, OR STREETS; OFFENSE. (a) A person commits an
offense if the person takes off, lands, or maneuvers an aircraft,
whether heavier or lighter than air, on a public highway, road,
or street except:
(1) when necessary to prevent serious injury to a person or
property;
(2) during or within a reasonable time after an emergency; or
(3) as provided by Section 24.022.
(b) An offense under Subsection (a) is a misdemeanor punishable
by a fine of not less than $25 and not more than $200.
(c) The procedure prescribed by Section 543.003 applies to a
violation of this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.04, eff. Sept.
1, 1997.
Sec. 24.022. USE OF AIRCRAFT ON COUNTY ROADS. (a) A
commissioners court of a county may enact ordinances to ensure
the safe use of county roads by aircraft. An ordinance may:
(1) limit the kinds of aircraft that may use the roads;
(2) establish the procedure that a pilot shall follow before
using a road, including requiring the pilot to furnish persons
with flags at both ends of the road to be used; or
(3) establish other requirements considered necessary for the
safe use of the roads by aircraft.
(b) A pilot who follows the ordinances adopted under Subsection
(a):
(1) may land or take off in the aircraft on a county road; and
(2) is not subject to the traffic laws of this state during the
landing or takeoff.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
State Codes and Statutes
Statutes >
Texas >
Transportation-code >
Title-3-aviation >
Chapter-24-operation-of-aircraft TRANSPORTATION CODE
TITLE 3. AVIATION
CHAPTER 24. OPERATION OF AIRCRAFT
SUBCHAPTER A. FEDERAL REQUIREMENTS REGARDING AIRMAN CERTIFICATION
Sec. 24.001. DEFINITIONS. In this subchapter:
(1) "Aircraft" means a device that is invented, used, or
designated for air navigation or flight, other than a parachute
or other device used primarily as safety equipment.
(2) "Airman" means:
(A) a person, including the person in command of an aircraft or
a pilot, mechanic, or member of the crew, who engages in the
navigation of an aircraft while under way; or
(B) the person who is in charge of the inspection, overhaul, or
repair of an aircraft.
(3) "Airman certificate" means a certificate issued to an airman
under 49 U.S.C. Section 1422.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.002. APPLICATION. This subchapter does not apply to an
aircraft owned by and used exclusively in the service of the
federal or state government.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.003. OPERATION OF AIRCRAFT WITHOUT AIRMAN CERTIFICATE;
OFFENSE. (a) A person commits an offense if the person:
(1) navigates an aircraft in this state without an airman
certificate; or
(2) serves as an airman in connection with an aircraft flown or
operated in this state without an airman certificate.
(b) An offense under Subsection (a) is a misdemeanor punishable
by:
(1) a fine of not less than $100 and not more than $500;
(2) confinement in county jail for not less than 30 days and not
more than six months; or
(3) both the fine and the confinement.
(c) It is a defense to prosecution under this section that the
person could be prosecuted under the laws or regulations of the
United States for the alleged violation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.004. INSPECTION OF AIRMAN CERTIFICATE. A person holding
an airman certificate shall keep the certificate in the person's
possession when the person is operating an aircraft within this
state or serving in connection with an aircraft flown or operated
in this state. The person shall present the certificate for
inspection on the demand of:
(1) a passenger;
(2) a peace officer of this state; or
(3) an official, manager, or person in charge of an airport or
landing field in this state on which the person lands an aircraft
or performs a service.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.005. AIRCRAFT LICENSURE AND REGISTRATION. A person may
not navigate an aircraft in this state, whether for commercial,
pleasure, or noncommercial purposes, unless the aircraft is
licensed and registered in the manner provided by the Federal
Aviation Administration.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. OTHER FEDERAL REQUIREMENTS REGARDING AIRCRAFT
Sec. 24.011. FAILURE TO REGISTER AIRCRAFT; OFFENSE. (a) A
person commits an offense if the person operates or navigates an
aircraft that the person knows is not properly registered under
Federal Aviation Administration aircraft registration
regulations, 14 C.F.R. Part 47, as those regulations existed on
September 1, 1985.
(b) An offense under Subsection (a) is a felony of the third
degree.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.012. AIRCRAFT IDENTIFICATION NUMBERS; OFFENSE. (a) The
failure to have the aircraft identification numbers clearly
displayed on an aircraft in compliance with federal aviation
regulations is probable cause for a peace officer to further
inspect the aircraft to determine the identity of the owner of
the aircraft.
(b) A peace officer may inspect an aircraft under Subsection (a)
if the aircraft is located on public property or on private
property if the officer has the consent of the property owner.
(c) A person commits an offense if the person operates an
aircraft that the person knows does not have aircraft
identification numbers that comply with federal aviation
regulations.
(d) An offense under Subsection (c) is a felony of the third
degree.
(e) In this section, "federal aviation regulations" means the
regulations adopted by the Federal Aviation Administration
regarding identification and registration marking, 14 C.F.R. Part
45, as those regulations existed on September 1, 1985, except a
regulation in existence on September 1, 1985, that is
inconsistent with a regulation adopted after that date.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 24.013. AIRCRAFT FUEL CONTAINERS; OFFENSE. (a) A person
commits an offense if the person operates or intends to operate
an aircraft equipped with:
(1) a fuel container that the person knows does not conform to
federal aviation regulations or that has not been approved by the
Federal Aviation Administration by inspection or special permit;
or
(2) a pipe, hose, or auxiliary pump that is used or intended for
transferring fuel to the primary fuel system of an aircraft from
a fuel container that the person knows does not conform to
federal aviation regulations or that has not been approved by the
Federal Aviation Administration by inspection or special permit.
(b) An offense under Subsection (a) is a felony of the third
degree.
(c) A peace officer may seize an aircraft equipped with a fuel
container that is the subject of an offense under Subsection (a).
(d) An aircraft seized under Subsection (c) may be forfeited to
the Department of Public Safety in the same manner as property
subject to forfeiture under Article 18.18, Code of Criminal
Procedure.
(e) An aircraft forfeited under Subsection (d) is subject to
Chapter 2205, Government Code.
(f) In this section:
(1) "Federal aviation regulations" means the following
regulations adopted by the Federal Aviation Administration as
those regulations existed on September 1, 1985, except a
regulation in existence on September 1, 1985, that is
inconsistent with a regulation adopted after that date:
(A) certification procedures for products and parts, 14 C.F.R.
Part 21;
(B) maintenance, preventive maintenance, rebuilding, and
alteration regulations, 14 C.F.R. Part 43; and
(C) general operating and flight rules, 14 C.F.R. Part 91.
(2) "Operate" means to use, cause to use, or authorize to use an
aircraft for air navigation and includes:
(A) the piloting of an aircraft, with or without the right of
legal control;
(B) the taxiing of an aircraft before takeoff or after landing;
and
(C) the postflight or preflight inspection or starting of the
engine of an aircraft.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. USE OF PUBLIC ROADS BY AIRCRAFT
Sec. 24.021. TAKING OFF, LANDING, OR MANEUVERING AIRCRAFT ON
HIGHWAYS, ROADS, OR STREETS; OFFENSE. (a) A person commits an
offense if the person takes off, lands, or maneuvers an aircraft,
whether heavier or lighter than air, on a public highway, road,
or street except:
(1) when necessary to prevent serious injury to a person or
property;
(2) during or within a reasonable time after an emergency; or
(3) as provided by Section 24.022.
(b) An offense under Subsection (a) is a misdemeanor punishable
by a fine of not less than $25 and not more than $200.
(c) The procedure prescribed by Section 543.003 applies to a
violation of this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.04, eff. Sept.
1, 1997.
Sec. 24.022. USE OF AIRCRAFT ON COUNTY ROADS. (a) A
commissioners court of a county may enact ordinances to ensure
the safe use of county roads by aircraft. An ordinance may:
(1) limit the kinds of aircraft that may use the roads;
(2) establish the procedure that a pilot shall follow before
using a road, including requiring the pilot to furnish persons
with flags at both ends of the road to be used; or
(3) establish other requirements considered necessary for the
safe use of the roads by aircraft.
(b) A pilot who follows the ordinances adopted under Subsection
(a):
(1) may land or take off in the aircraft on a county road; and
(2) is not subject to the traffic laws of this state during the
landing or takeoff.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
