Regulation

Del. Code tit. 2, ch. 1
in effect

Del. Code tit. 2, § 101 Purpose of chapter.

The purpose of this chapter is to further the public interest and aeronautical progress by providing for the protection and promotion of safety in aeronautics; by cooperating in effecting a uniformity of the laws relating to the development and regulation of aeronautics in the several states; by granting to a state agency such powers and imposing upon it such duties that the State may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, may assist in the promotion of a statewide system of airports, may cooperate with and assist the political subdivisions of this State and others engaged in aeronautics, and may encourage and develop aeronautics; by establishing uniform regulations, consistent with federal regulations and those of other states, in order that those engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this State by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions properly in the province of federal agencies.

Del. Code tit. 2, § 102 Definitions.

For the purpose of this part or any other laws of this State relating to aeronautics, unless otherwise specifically defined, or unless another intention clearly appears or the context requires a different meaning: (1) “Aeronautics” or “aviation” means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities, and air instruction. (2) “Aeronautics instructor” means any individual engaged in giving 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 facilities an “air school” or anything equivalent thereto, and without employing or using other instructors; but it does not include any instructor in any public school or university of this State, or any institution of higher learning duly accredited and approved for carrying on collegiate work, while engaged in the duties as such instructor. (3) “Air instruction” means the imparting of aeronautical information by any aeronautics instructor or in or by any air school or flying club. (4) “Air navigation” means the operation or navigation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State. (5) “Air navigation facility” means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid of air navigation, including airports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area, and any combination of any or all of such facilities. (6) “Air school” means any person engaged in giving, or offering to give, instruction, in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising, representing, or holding such person out as giving or offering to give such instruction; but it does not include any public school or university of this State, or any institution of higher learning duly accredited and approved for carrying on collegiate work. (7) “Aircraft” means any contrivance known, or invented, used or designed for navigation of or flight in the air. (8) “Airman” means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way; and (excepting individuals employed outside the United States, any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, and any individual performing inspection or mechanical duties in connection with aircraft owned or operated by such individual) any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator. (9) “Airport” means any area, of land or water, except a restricted landing area, which is designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way. (10) “Airport approach area” means all that area lying within and below an inclined plane as defined in Federal Aviation Regulation (FAR) Part 77. (11) “Airport hazard” means any structure, object of natural growth, or use of land, which obstructs the air space required for the flight of aircraft in landing or taking off at any airport or restricted landing area or is otherwise hazardous to such landing or taking off. (12) “Airport protection privileges” means easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to insure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation thereof. (13) “Airport purposes” means and includes airport, restricted landing area, and other air navigation facility purposes. (14) “Civil aircraft” means any aircraft other than a public aircraft. (15) “Department” means the Department of Transportation. (16) “Flying club” means any person other than an individual, which, neither for profit nor reward, owns, leases or uses 1 or more aircraft for the purpose of instruction or pleasure or both. (17) “Helicopter landing site” means a heliport, helistop or helipad or any other surface used or usable for helicopter operations as defined in FAR Part 77. (18) “Municipality” means any “political subdivision,” as defined in this section. (19) “Navigable air space” means air space above the minimum altitudes of flight prescribed by the laws of this State or by regulations of the Department consistent therewith. (20) “Obstruction” means any physical hazard to flight constructed, installed or planted by humans, whether real or artificial, including, but not limited to, buildings, trees, towers, smokestacks and overhead transmission lines. (21) “Operation of aircraft” or “operate aircraft” means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft. (22) “Person” or “whoever” means any individual, firm, partnership, corporation, company, association, joint stock association or body politic; and includes any trustee, receiver, assignee or other similar representative thereof. (23) “Political subdivision” means any county, hundred, city, village, town or borough of this State and any other public corporation, authority or district in this State authorized by law to acquire, establish, construct, maintain, improve and operate airports and other air navigation facilities. (24) “Public aircraft” means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory or possession of the United States or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes. (25) “Public use airport” means an airport open for use by the public for general aviation purposes. (26) “Restricted landing area” means any area of land, water or both which is used or is made available for the landing and takeoff of aircraft, the use of which shall, except in case of emergency, be only as provided from time to time by the Department. (27) “Runway approach area” means an imaginary trapezoidal shape, beginning at the end of a runway with an initial width parallel to the runway end extending for a distance of 500 feet from each side of the runway centerline, running lengthwise from the runway end along said centerline for a distance of 3000 feet and ending with a line parallel to the runway end extending for a distance of 875 feet from each side of said runway centerline, pursuant to FAA Advisory Circular 150/5300-13. (28) “Secretary” means the Secretary of Transportation. (29) “State airway” means a route in the navigable air space over and above the lands or water of this State, designated by the Department as a route suitable for air navigation.

Del. Code tit. 2, § 103 Delaware Aviation Advisory Council.

In accordance with the intent and purpose of this chapter, as set forth therein, the Department is authorized to appoint and select members of a Delaware Aviation Advisory Council (DAAC), to assist the Department in furthering and promoting the interests of aviation in Delaware, as defined by Part I of this title. The Delaware Aviation Advisory Council shall serve in an advisory capacity and in that role shall have such power and authority as may be granted by the Secretary to recommend measures consistent with the intent and purposes set forth in this chapter. Such measures may include but are not limited to: supporting the Department in the planning and implementation of aviation system enhancements; supporting and promoting aviation education; recommending new or improvements to existing locations, facilities, programs, projects, equipment; and recommending other related activities to support and improve aviation. The Delaware Aviation Advisory Council shall consist of 9 members, which shall include at the least 1 representative from each of the following: (1) A Fixed Base Operator (FBO); (2) The Delaware River & Bay Authority (DRBA); (3) An aviation education representative; (4) A representative from corporate aviation; (5) One representative each from New Castle, Kent and Sussex Counties; and (6) Two at large members selected by the Secretary.

Del. Code tit. 2, § 131 General powers and duties.

The Department shall have general supervision over aeronautics within this State. It shall encourage, foster, and assist in the development of aeronautics in this State and encourage the establishment of airports and other air navigation facilities.

Del. Code tit. 2, § 132 Coordination of aeronautics matters and activities with and between the federal government, political subdivisions and others.

The Department shall cooperate with and assist the federal government, the political subdivisions of this State and others engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies. To this end, the Department may confer with or hold joint hearings with any federal aeronautical agency in connection with any matter arising under this chapter or relating to the sound development of aeronautics, and may avail itself of the cooperation, services, records and facilities of such federal agencies, as fully as may be practicable, in the administration and enforcement of this chapter. It shall reciprocate by furnishing to the federal agencies its cooperation, services, records and facilities, insofar as may be practicable.

Del. Code tit. 2, § 133 Reports to federal agencies; preservation of aircraft involved in accidents.

The Federal Aviation Administration has primary responsibility for investigating aircraft accidents. Initial reports of accidents may be directed by state and/or local police agencies that report such aeronautical accident information to the Department through the Office of Aeronautics. The Office of Aeronautics shall report to the appropriate federal agency all aeronautical accidents of which it is informed and shall cooperate with and assist federal agencies in the conduct of any investigation. Police agencies involved in any accident investigation shall preserve, protect and prevent removal of component parts of any aircraft involved in an accident until the investigating agency or Office of Aeronautics gives clearance for removal of the wreckage.

Del. Code tit. 2, § 134 Rules, regulations, and standards.

(a) The Department may perform such acts, issue and amend such orders, and make, promulgate, and amend such reasonable general or special rules, regulations, and procedure, and establish such minimum standards, consistent with this chapter, as it deems necessary to carry out the provisions of this chapter and to perform its duties hereunder; all commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons receiving instruction concerning, or operating, using or traveling in aircraft, and of persons and property on land or water, and to develop and promote aeronautics in this State. (b) No rule or regulation of the Department shall apply to airports or other air navigation facilities owned or controlled by the federal government within this State. (c) Rules, regulations and standards for aeronautics are published by the United States Department of Transportation, Federal Aviation Administration. These regulations, as amended from time to time, have nationwide jurisdiction and shall govern all aeronautics in this State, except where the laws of this State provide additional protection. (d) The Department shall keep on file with the Secretary of State, and at the principal office of the Department, a copy of all its rules and regulations, for public inspection.

Del. Code tit. 2, § 135 State airways system.

The Department may designate, design, and establish, expand, or modify a state airways system which will best serve the interests of the State. It may chart such airways system and arrange for publication and distribution of such maps and charts and notices and bulletins relating to such airways as may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, whether publicly or privately owned, if such facilities conform to federal safety standards.

Del. Code tit. 2, § 136 Technical services to public use airports and political subdivisions.

The Department may, insofar as is reasonably possible, offer its technical services and advice to any political subdivision or public use airport desiring those services in connection with the actual or proposed construction, maintenance or operation of an airport.

Del. Code tit. 2, § 137 Legislation; representation of State before federal agencies.

The Department may draft and recommend necessary legislation to advance the interest of the State in aeronautics and represent the State in aeronautical matters before federal agencies and other state agencies.

Del. Code tit. 2, § 138 Participation in litigation or other proceedings.

The Department may participate as party plaintiff or defendant, or as intervenor on behalf of the State or any political subdivision or citizen thereof in any controversy having to do with any claimed encroachment by the federal government or any foreign state upon any state or individual rights pertaining to aeronautics.

Del. Code tit. 2, § 139 Enforcement of aeronautics laws.

The Department, its members and employees, the Secretary of Transportation, and every state, county and municipal officer charged with the enforcement of state and municipal laws shall enforce and assist in the enforcement of this chapter and of all rules and regulations issued under this chapter, and of all other laws of this State relating to aeronautics, and, in the aid of such enforcement, general police powers are conferred upon the Department, each of its members, the Secretary of Transportation, and such of the officers and employees of the Department designated by it to exercise such powers. Further, the Department may, in the name of this State, enforce this chapter and the rules and regulations issued under this chapter by injunction in the courts of this State. Political subdivisions may cooperate with the Department in the development of aeronautics and aeronautics facilities in this State. The Department may use the facilities and services of other agencies of the State to the utmost extent possible, and such agencies shall make available such facilities and services.

Del. Code tit. 2, § 140 Conduct of investigations, inquiries and hearings.

The Department, any member thereof, the Secretary of Transportation, or any officer or employee of the Department designated by it may hold investigations, inquiries and hearings concerning matters covered by the provisions of this chapter and orders, rules and regulations of the Department, and concerning accidents in aeronautics within this State. All hearings so conducted shall be open to the public. The Secretary of Transportation, and every officer or employee of the Department designated by it to hold any inquiry, investigations or hearing may administer oaths and affirmations, certify to all official acts, issue subpoenas and compel the attendance and testimony of witnesses and the production of papers, books and documents. In case of failure to comply with any subpoena or order issued under authority of this chapter, the Department, or its authorized representative, may invoke the aid of any court of this State of general jurisdiction. The court may thereupon order the witness to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

Del. Code tit. 2, § 141 Reports of investigations.

In order to facilitate the making of investigations by the Department, in the interest of public safety and promotion of aeronautics, the public interest requires, and it is, therefore, provided that the reports of investigations or hearings, or any part thereof, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding, growing out of any matter referred to in the investigation, hearing or report thereof, except in case of criminal or other proceedings instituted in behalf of the Department or this State under the provisions of this chapter and other laws of this State relating to aeronautics, nor shall the Secretary of Transportation, or any officer or employee of the Department be required to testify to any facts ascertained in, or information gained by reason of, such person’s official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to the foregoing provisions, the Department may make available to appropriate federal and state agencies information and material developed in the course of its hearings and investigations.

Del. Code tit. 2, § 142 Financial assistance to political subdivisions, public use airports and education programs.

The Department may, through the Office of Aeronautics, render assistance in the acquisition, development, operation or maintenance of airports and aviation projects of political subdivisions and public use airports and in the provision of training for formal educational programs from funds generated through fees, taxes and other sources applicable to aeronautics and administered by the Office of Aeronautics.

Del. Code tit. 2, § 143 Authority to contract.

The Department may enter into any contracts necessary to the execution of the powers granted it by this chapter.

Del. Code tit. 2, § 144 Grant of exclusive rights prohibited.

The Department shall grant no exclusive right for the use of any airway, airport, restricted landing area, or other air navigation facility under its jurisdiction. This section shall not prevent the making of leases in accordance with other provisions of this chapter.

Del. Code tit. 2, § 145 Cooperation with federal government.

The Department may cooperate with the government of the United States, and any agency or department thereof, in the acquisition, construction, improvement, maintenance and operation of airports and other air navigation facilities in this State, and may comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal moneys upon such airports and other navigation facilities.

Del. Code tit. 2, § 146 Receipt of federal moneys for airports.

The Department may accept, receive, and receipt for federal moneys and other moneys, either public or private, for and in behalf of this State, or any political subdivision, for the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities, whether such work is to be done by the State or by such political subdivisions, or jointly, aided by grants of aid from the United States, upon terms and conditions prescribed by the laws of the United States and any rules or regulations made thereunder. The Department may act as agent of any political subdivision upon the request of such political subdivision, in accepting, receiving, and receipting for such moneys in its behalf for airports or other air navigation facility purposes, and in contracting for the acquisition, construction, improvement, maintenance, or operation of airports or other air navigation facilities, financed either in whole or in part by federal moneys. The governing body of any such political subdivision may designate the Department as its agent for such purposes and enter into an agreement with it prescribing the terms and conditions of such agency in accordance with federal laws, rules, and regulations and with this chapter. All moneys so paid over by the United States government shall be retained by the State or paid over to the political subdivision under terms and conditions imposed by the United States government in making such grants.

Del. Code tit. 2, § 147 Disposition of federal moneys for airports.

All moneys accepted for disbursement by the Department under § 146 of this title shall be deposited in the State Treasury, and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the moneys were made available, and held by the State in trust for such purposes. All such moneys are appropriated for the purposes for which the same were made available, to be expended in accordance with federal laws and regulations and with this chapter. The Department may, whether acting for this State or as the agent of any political subdivision, or when requested by the United States government or any agency or department thereof, disburse such moneys for the designated purposes, but this shall not preclude any other authorized method of disbursement.

Del. Code tit. 2, § 148 Contracts for air navigation facilities.

All contracts for the acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the Department, either as the agent of this State or as the agent of any political subdivision, shall be made under the laws of this State governing the making of like contracts. Where the acquisition, construction, improvement, maintenance, and operation of any airport, landing strip, or other air navigation facility is financed wholly or partially with federal moneys, the Department, as agent of the State or of any municipality thereof, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.

Del. Code tit. 2, § 161 Declaration of policy.

(a) The Federal Aviation Regulations (promulgated by the Federal Aviation Administration pursuant to Part A of Subtitle VII of Title 49 of the United States Code, as amended) prescribe uniform rules and regulations pertaining to aviation. These regulations, as may be amended, are hereby adopted as the aeronautics regulations of the State. They shall be augmented and supplemented as necessary to regulate matters peculiar to this State. (b) When authorized by the General Assembly, the Department of Transportation shall procure and operate transport-type aircraft to satisfy the needs of the State. Other state agencies may own and operate specialized light planes and helicopters required for special needs such as police work.

Del. Code tit. 2, § 162 Airports, landing areas and other air navigation facilities.

The Department, through the Office of Aeronautics, may approve and license airports and helicopter landing sites or other air navigation facilities in accordance with regulations it adopts pertaining to such approval and licensure. Licenses granted under this section shall be renewed annually in conjunction with the Federal Aviation Administration sponsored airport survey program.

Del. Code tit. 2, § 163 Refusal and revocation of license; registration or approval.

The Department, through the Office of Aeronautics, may suspend or revoke any certificate of approval or license issued by it when it determines that an airport, restricted landing area or other navigation facility is not being maintained or used in accordance with the provisions of this chapter and the rules and regulations lawfully promulgated by it pursuant thereto.

Del. Code tit. 2, § 170 Operation of airport, landing area, etc. without license; approval of site required before acquisition.

(a) All proposed airports, restricted landing areas, and other air navigation facilities shall be first licensed by the Department before they, or any of them, shall be used or operated. (b) Any political subdivision or person acquiring property for the purpose of constructing or establishing an airport or restricted landing area shall, prior to the acquisition, make application to the Department for a certificate of approval of the site selected and the general purpose or purposes for which the property is to be acquired, to insure that the property and its use shall conform to minimum standards of safety and shall serve public interest. (c) No political subdivision or officer or employer thereof, or person, shall operate an airport, restricted landing area, or other air navigation facility unless an annual license therefor has been issued by the Department.

Del. Code tit. 2, § 171 Hearings for approval of airport sites or for licensing airports.

Whenever the Department makes an order granting or denying a certificate of approval of an airport or a restricted landing area site, or an original license to use or operate an airport, restricted landing area or other air navigation facility, and the applicant or any interested political subdivision, within 15 days after notice of such order has been sent to the applicant by registered mail, demands a public hearing, or whenever the Department desires to hold a public hearing before making an order, such a public hearing in relation thereto shall be held in the political subdivision applying for the certificate of approval or license, or in case the application was made by anyone other than a political subdivision, at the county seat of the county in which the proposed airport, restricted landing area or other air navigation facility is proposed to be situated, at which hearing parties in interest and other persons shall have an opportunity to be heard. Notice of the hearing shall be published, at least twice, by the Department in a legal newspaper of general circulation in the county in which the hearing is to be held, the first publication to be at least 15 days prior to the date of hearing. After a proper and timely demand has been made the order shall be stayed until after the hearing, when the Department may affirm, modify or reverse it, or make a new order. If no hearing is demanded as herein provided, the order shall become effective upon the expiration of the time permitted for making a demand. Where a certificate of approval of an airport or restricted landing area site has been issued by the Department, it may grant a license for operation and use, and no hearing shall be demanded thereon.

Del. Code tit. 2, § 172 Standards for approving airport sites and licensing airports.

In determining whether it shall issue a certificate of approval of a site or license for the use or operation of any proposed airport or restricted landing area, the Department shall take into consideration its proposed location, size and layout, the relationship of the proposed airport or restricted landing area to a comprehensive plan for statewide and nationwide development, whether there are safe areas available for expansion purposes, whether the adjoining area is free from obstructions based on a proper glide ratio, the nature of the terrain, the nature of the uses to which the proposed airport or restricted landing area will be put, and the possibilities for future development.

Del. Code tit. 2, § 173 Exceptions from approval and licensing requirements.

Sections 170 through 172 inclusive of this title shall not apply to restricted landing areas designed for personal use or to any airport, restricted landing area or other air navigation facility owned or operated by the federal government within this State.

Del. Code tit. 2, § 174 Orders of Department refusing or revoking license, registration or approval.

In any case where the Department refuses to issue a certificate of approval of or license or renewal of license for an airport, restricted landing area or other air navigation facility, or refuses to permit the registration of any license, certificate or permit, or refuses to grant a license to an air school or to an aeronautics instructor in ground subjects, or in any case where it issues any order requiring certain things to be done, or revoking any license or certificate, it shall set forth its reasons therefor and shall state the requirements to be met before such approval will be given, registration permitted, license granted or order modified or changed. Any order made by the Department under this chapter shall be served upon the interested persons by registered mail or in person. To carry out this chapter the Department, any member thereof, the Secretary of Transportation or officers or employees of the Department and any officers, state or municipal, charged with the duty of enforcing this chapter may inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, restricted landing areas, air schools, flying clubs or other air navigation facilities or aeronautical activities are operated or carried on.

Del. Code tit. 2, § 175 Review of Department’s action.

Any person aggrieved by an order of the Department, or by the granting or denial of any license, certificate, or registration may have the action of the Department reviewed by the Superior Court in the manner provided for the review of the orders of other administrative bodies of the State, and the rules of law applicable to such reviews shall apply.

Del. Code tit. 2, § 181 Penalties.

Whoever violates this chapter or any of the rules, regulations, or orders issued pursuant thereto shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.

Del. Code tit. 2, § 191 Insurance notice.

All contracts for flight instruction and/or the rental or leasing of aircraft in the State shall contain a written statement notifying the student, renter, lessee or bailee of the extent of insurance coverage applicable to the lessor and lessee. The student, renter, lessee or bailee shall sign such statement to signify that he/she is aware of the extent of such insurance coverage.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title2/c001/sc01/index.htmlFetched: 10/4/2026