Operation of Aircraft; Certification and Licensing of Pilots and Aircraft

Miss. Code Ann. tit. 61, ch. 11
in effect

Miss. Code Ann. § 61-11-1 Operation of aircraft in careless manner, while under influence of intoxicating liquor, etc.; hunting or spotting game for purpose of hunting from aircraft.

It shall be unlawful for any person to operate an aircraft in the air or on the ground or water, while under the influence of intoxicating liquor, narcotics or other habit-forming drug, or to operate an aircraft in the air or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another. In any proceeding charging careless or reckless operation of aircraft in violation of this section, the court in determining whether the operation was careless or reckless shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics. It shall be unlawful for any person or persons to pursue, chase, hunt, take or kill any wild game or waterfowl from an aircraft, or to spot and communicate the location of any wild game from an aircraft to another for the purpose of hunting, killing or taking such wild game. Before a person may be arrested for a violation of the provision of this subsection that prohibits the spotting and communication of the location of wild game from an aircraft for the purpose of hunting, killing or taking such wild game, the arresting officer must have reasonable grounds and probable cause to believe that a violation has occurred. Any person convicted under this subsection (2) shall be subject to the penalties provided in Section 61-11-7, and shall also forfeit all hunting, trapping and fishing privileges for a period of not less than twelve (12) months from the date of conviction.

Miss. Code Ann. § 61-11-3 Operation of aircraft without federal certificate, permit, etc.

It shall be unlawful for any person to operate or cause or authorize to be operated any civil aircraft within this state unless such aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States. It shall be unlawful for any person to engage in aeronautics as an airman in the state unless he has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing him to engage in the particular class of aeronautics in which he is engaged, if such certificate, permit, rating or license is required by the United States.

Miss. Code Ann. § 61-11-5 Possession, display, etc., of federal certificate, permit, etc.

When a certificate, permit, rating or license is required for an airman by the United States, it shall be kept in his personal possession when he is operating within the state and shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official or employee of the Mississippi Department of Transportation authorized pursuant to law to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person. Where a certificate, permit or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in the state, shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official or employee of the Mississippi Department of Transportation authorized pursuant to law to enforce the aeronautics laws, or any official, manager, or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.

Miss. Code Ann. § 61-11-7 Penalties for violations of §§ 61-11-1 to 61-11-5.

Any person violating any of the provisions of Sections 61-11-1 through 61-11-5, Mississippi Code of 1972, shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment of more than six (6) months, or both. For any violation of the provisions of such sections, in addition to, or in lieu of, the penalties provided by the first paragraph of this section, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, the court, in its discretion, may prohibit the violator from operating an aircraft within the state for such period as it may determine but not to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under this section or as a contempt of court. Upon a plea of guilty or conviction hereunder in any case involving a registrant, under the provisions of such sections, the court shall cause a notation of such plea or conviction and of the sentence imposed to be marked upon the pilot certificate or other evidence of pilot registration or receipt provided by the Mississippi Department of Transportation. The court shall cause a copy of its order or sentence to be forwarded to the commission, the cost of furnishing same to be added as a part of cost in such cause. In no event shall this paragraph be construed as warrant for the court or any other agency or person to take away, impound, hold or mark any federal airman or aircraft certificate, permit, rating or license, or to take away, impound or hold any state registration certificate or other evidence of such registration.

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