21-114. REGISTRATION OF AIRCRAFT — REQUISITES. (a) Fees.

(1) Subject to the limitations of subsections (b) and (c) of this section, every aircraft operating within this state shall be registered with the department prior to or during each annual registration year in which the aircraft is operated within this state. The annual registration year shall commence on the date provided by regulation, and the holding of a currently valid airworthiness certificate and a currently valid annual inspection or progressive inspection system issued by the appropriate federal agency during any part of the registration year shall be considered prima facie evidence that the aircraft is operating within this state. The department shall charge for each such registration, and for each annual renewal thereof, fees at the rate of three cents (3¢) per pound of the manufacturer’s certified maximum gross weight authorized in the aircraft specification or type certificate data sheet of said aircraft issued by the federal aviation administration, and in no case to be less than twenty dollars ($20.00) and not to exceed six hundred dollars ($600) upon any one (1) aircraft, provided that such fee shall be in lieu of all personal property taxes on such aircraft.

Those aircraft in nonairworthy condition that are not operated during any part of the registration year are not required to register but may, at the owner’s discretion, be registered in lieu of personal property tax.

Registration certificates shall be kept in the aircraft at all times. In addition to the registration certificate, an identifying decal shall be issued and placed on the left side of the aircraft either upon the vertical stabilizer thereof or upon a window nearest to the rear of the aircraft, fully visible from the outside of the aircraft.

Aircraft shall only be registered prior to or during the current annual registration year. There shall be no registration of aircraft for any registration period which is prior to the current registration year. Registration certificates for aircraft newly purchased or acquired, or aircraft imported into the state after expiration of the first six (6) months of the current annual registration year, as prescribed by the department, shall be issued at the rate of fifty percent (50%) of the annual fee. Those aircraft found in violation of the provisions of this section after the first six (6) months will pay the full year’s fee and shall, at the discretion of the director, be referred to the respective county assessor for collection of personal property tax.

(2) Manufacturers and dealers license. It shall be unlawful for any person to carry on or conduct the business of buying, selling, or dealing in aircraft unless registered with the department, as such manufacturer or dealer. Any manufacturer or dealer in aircraft owning, having an interest in, or having in his possession an aircraft for the purpose of sale, shall upon the registration and payment of fees as in this chapter required, acquire one (1) registration certificate that shall bear the distinctive registration number issued to such manufacturer or dealer, and any number of identifying decals. The registration certificate shall be kept at the main office of the manufacturer or dealer and an identifying decal shall be placed upon the left side of every aircraft that the manufacturer or dealer may have an interest in which is held for sale, either upon the vertical stabilizer or upon a window nearest to the rear of the aircraft.

An identifying decal issued to a manufacturer or dealer during the calendar year for which issued can be transferred from an aircraft no longer in the possession of the dealer or manufacturer for sale or demonstration to one acquired for the purpose of sale or demonstration during the calendar year.

Manufacturer or dealer decals may only be used on aircraft flown for purposes of sales demonstration, ferry or test.

The fee to be paid by a manufacturer or dealer in aircraft shall be forty dollars ($40.00) for the registration certificate and one dollar ($1.00) for each identifying decal issued to such manufacturer or dealer.

(b) Requirements for registration, issuance of certificate. Possession of the appropriate effective federal certificate relating to ownership of the aircraft and payment of the fee duly required pursuant to the provisions of this section shall be the only requisites for registration of an aircraft under this section. Registration shall be effected by filing with the department a statement containing the information reasonably required by the department for such purpose. It shall not be necessary for the registrant to provide the department with originals or copies of federal certificates. The department shall issue certificates of registration, or such other evidences of registration and payment of fees as it may deem proper. Failure to register, if required, shall be unlawful.

(c) Exemptions. The provisions of this section shall not apply to:

(1) An aircraft owned by, and used exclusively in the service of, any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes;

(2) An aircraft which is owned by a bona fide nonresident of this state; provided however, that this exemption shall not apply to such aircraft operated casually or continuously in this state for a cumulative period of greater than ninety (90) days in any annual registration year;

(3) An aircraft engaged principally in commercial airline or air freight flying pursuant to the provisions of part 121, title 14, of the code of federal regulations (14 CFR 121) or an equivalent foreign air carrier operating under a bilateral agreement with the United States government.

(d) Transfer of aircraft. When the ownership of an aircraft registered under the provisions of this section is transferred to a resident of this state, the new owner will be required to register the aircraft under the provisions of this section. If the transferor wishes to register another aircraft he shall pay the registration fee required by this section less the amount of registration fee already paid on the aircraft that was sold, or if the transferor shall have an aircraft to be registered with a useful load less than the aircraft that was sold, he shall pay a transfer fee of one dollar ($1.00).

History:

[21-114, added 1947, ch. 153, sec. 14, p. 378; am. 1949, ch. 191, sec. 1, p. 406; am. 1957, ch. 182, sec. 1, p. 354; am. 1961, ch. 32, sec. 1, p. 45; am. 1972, ch. 73, sec. 1, p. 150; am. 1974, ch. 37, sec. 1, p. 1017; am. 1980, ch. 65, sec. 1, p. 133; am. 1984, ch. 227, sec. 1, p. 544; am. 1990, ch. 321, sec. 1, p. 877; am. 2001, ch. 182, sec. 1, p. 610; am. 2005, ch. 27, sec. 1, p. 133; am. 2013, ch. 107, sec. 3, p. 253; am. 2013, ch. 108, sec. 1, p. 256.]