MCA Chapter 1

in effect

Miss. Code Ann. § 61-1-1 Purpose of chapter.

It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress by providing for the protection, promotion and development of aeronautics; by cooperating in effecting a uniformity of the laws relating to the development of aeronautics in the several states; by revising existing statutes relative to the development and regulation of aeronautics so as to grant to a state agency such powers and impose 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 the state, that the state may assist in the promotion of a statewide system of airports, and that the state may cooperate with and assist the political subdivisions of this state 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 other persons; and by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for the 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 the federal agencies.

Miss. Code Ann. § 61-1-3 Definitions.

For the purpose of the laws of this state relating to aeronautics the following words, terms and phrases shall have the meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires: “Aeronautics” means transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities, including, but not limited to, privately-owned airports that are open to the general public and are otherwise eligible to receive federal funds; and air instruction; “Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air; “Public aircraft” means an aircraft 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; “Civil aircraft” means any aircraft other than a public aircraft; “Airport” means any area of land or water which is designed for the landing and take off 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, whether heretofore or hereafter established; “Commission” means the Mississippi Transportation Commission; “State” or “this state” means the State of Mississippi; “Director” means the Executive Director of the Mississippi Department of Transportation or his designee. “Air navigation” means the operation or navigation of aircraft in the air space over this state, or upon any airport within this state; “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. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutes of this state; “Person” 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; “Navigable air space” means air space above the minimum altitudes of flight prescribed by the laws of the United States; “Municipality” means any county, incorporated city, village or town of this state and any other political subdivision or district in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve and operate airports and other air navigation facilities; The Mississippi Aeronautics Chart, published annually, will identify “private airport,” and if an airport is open to the public, as determined by the owner, the chart will note “open to the public” under the airport identifier. The singular shall include the plural, and the plural the singular.

Miss. Code Ann. § 61-1-5 Repealed.

Repealed by Laws, 1992, ch. 496, § 36, eff from and after July 1, 1992. [Codes, 1942, § 7536-02; Laws, 1946, ch. 417, § 2; 1948, ch. 189, § 2; 1958, ch. 462; 1989, ch. 544, § 51, eff from and after July 1, 1989]

Miss. Code Ann. § 61-1-7 Repealed.

Repealed by Laws, 1989, ch. 544, § 53, eff from and after July 1, 1989. § 61-1-7 . [Codes, 1942, § 7536-03; Laws, 1946, ch. 417, § 3; 1948, ch. 189, § 3; 1970, ch. 424, § 1] § 61-1-9 . [Codes, 1942, §§ 7536-03, 7536-04; Laws, 1946, ch. 417, §§ 3, 4; 1948, ch. 189, §§ 3, 4; 1970, ch. 424, § 1] § 61-1-11 . [Codes, 1942, § 7536-05; Laws, 1946, ch. 417, § 5; 1948, ch. 189, § 5] Editor’s Notes — Former § 61-1-7 specified the organization of the Aeronautics Commission, its offices, and reports required of the commission. Former § 61-1-9 provided for meetings of the Aeronautics Commission, the employment of a director and other employees, and for office space for the commission. Former § 61-1-11 specified the powers and duties of the director of aeronautics. OPINIONS OF THE ATTORNEY GENERAL Transportation Commissioners’ requests for reimbursement of expenses should be placed on the Commission’s agenda, setting forth the itemized amount to reimburse to each Commissioner, as an agenda item to be voted on by the Commission. The results of said vote should be reflected in the minutes for each meeting. Brown, Mar. 19, 2004, A.G. Op. 04-0073.

Miss. Code Ann. § 61-1-13 General powers and duties of commission.

The commission is empowered and directed to encourage, foster and assist in the development of aeronautics in this state, and to encourage the establishment of airports and other air navigation facilities. The commission may recommend necessary legislation to advance the interests of the state in aeronautics and represent the state in aeronautical matters before federal agencies and other state agencies. The commission may render financial assistance in the acquisition, development, operation or maintenance of airports out of any monies made available by the Legislature for that purpose. In addition, the commission may render financial assistance for the purpose of providing air-marking and to aid in the establishment, development and maintenance of the Civil Air Patrol Program in Mississippi and the program of other local worthy organizations which tend to promote aeronautics in the state, as the commission, in its discretion, shall deem advisable, out of any funds appropriated by the Legislature for the operation of the commission. All such funds so expended by the commission during each calendar year for such purposes shall be reported to the Governor in the commission’s annual report to the Governor as provided in this chapter. The commission is authorized to buy, own, operate, maintain, lease, charter or rent an aircraft for the use of the commission, and for carrying on the business of the commission only, out of any monies appropriated by the Legislature for the operation and maintenance of the commission. The commission is further authorized, in its discretion, to obtain and pay the premium on all risk, ground and flight coverage for physical loss or damage coverage upon any aircraft owned by or under the control of the commission. The commission is authorized to affiliate itself with the National Association of State Aviation Officials and to pay such reasonable fees and dues for membership and services as may be required. The commission may enter into any contract necessary to the execution of the powers granted it by this chapter but shall have no authority to enter into any contract or agreement binding the State of Mississippi for the payment of any monies which have not been specifically authorized by the Legislature, nor shall it enter into any contract or agreement binding the State of Mississippi, in excess of the powers granted in this chapter. The commission shall conduct hearings and shall make investigation as it may deem necessary for the purposes of determining the location, type of construction and the cost to the State of Mississippi of maintenance of emergency and all other classes of airports owned, operated or directly financed in whole or in part by the state within the State of Mississippi. It shall render assistance within its power, not inconsistent with this chapter, to any such subdivisions of the state in procuring such aid as the federal government may grant for the purpose of establishing and maintaining airports. The commission is hereby given full power and authority to grant permits or franchises to any airline operating wholly intrastate and within the bounds of the State of Mississippi, when proper proof is shown to the commission that the applicant therefor is fit, willing, ready and able to operate said airline under said permit or franchise. The commission is hereby authorized to designate, promulgate and initiate all and any rules, regulations, franchises and directives establishing air lanes governing intrastate air routes for the purpose of commercial scheduled intrastate flights by any person, firm or establishment engaging in the business of commercial intrastate air transportation. All such designated air routes shall conform to the standards prescribed by the federal government and its related agencies. However, nothing contained in this subsection shall in any way apply to an air carrier operating by authority of a certificate or certificates of public convenience and necessity issued by the Civil Aeronautics Board or any other federal agency authorized to issue such certificates.

Miss. Code Ann. § 61-1-15 Rules, regulations, standards, orders and procedures.

Power to issue.— The commission may perform such acts, issue and amend such orders, make, promulgate, and amend such reasonable general or special rules, regulations and procedures, and establish such minimum standards consistent with the provisions of this chapter, as it shall deem 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 operating, using or traveling in aircraft or persons receiving instruction in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state. No rule or regulation of the commission shall apply to airports or air navigation facilities owned or operated by the United States. Conformity to federal legislation and rules.— No rules, regulations, orders or standards prescribed by the commission shall be inconsistent with, or contrary to, any act of the congress of the United States or any regulations promulgated or standards established pursuant thereto. Filing.— The commission shall keep on file with the secretary of state, and at the principal office of the commission, a copy of all its rules and regulations for public inspection. Distribution.— The commission shall provide for the publication and general distribution of all its orders, rules, regulations and procedures having general effect.

Miss. Code Ann. § 61-1-17 Cooperation with federal government.

The commission is authorized to 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 to comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal monies upon such airports and other air navigation facilities.

Miss. Code Ann. § 61-1-19 Acceptance of federal funds and other donations.

The commission is authorized to accept, receive, and receipt for federal monies and other monies, either public or private, for and in behalf of this state, or any municipality thereof, when authorized by the municipality to do so, 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 municipalities or any other political subdivision of the State of Mississippi aided by grants of aid for the United States, upon such terms and conditions as are or may be prescribed by the laws of the United States and any rules or regulations made thereunder. The commission is authorized to act as agent of any municipality or other person or persons in accepting, receiving, and receipting for such monies 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 monies. The governing body of any such municipality or other person or persons is authorized to designate the commission as its agent for such purposes and to 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. Such monies as are paid over by the United States government shall be retained by the state or paid over to said municipalities or other person or persons under such terms and conditions as may be imposed by the United States government in making such grants.

Miss. Code Ann. § 61-1-21 Contracts of commission.

All contracts for the acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the commission, either as the agent of this state or as the agent of any municipality or other person or persons, shall be made pursuant to the laws of this state governing the making of like contracts. However, 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 money, the commission, as agent of the state or any municipality or other person or persons thereof, may let contracts in the same 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.

Miss. Code Ann. § 61-1-23 Deposit and disbursement of funds.

All monies accepted for disbursement by the commission pursuant to Section 61-1-19 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 monies were made available, and held by the state in trust for such purposes. All monies are hereby 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 commission is authorized, whether acting for this state or as the agent of any of its municipalities or other person or persons, or when requested by the United States government or any agency or department thereof, to disburse such monies for the designated purposes, but this shall not preclude any other authorized method of disbursement.

Miss. Code Ann. § 61-1-25 Repealed.

Repealed by Laws, 1984, ch. 516, § 9, eff from and after December 31, 1984. § 61-1-25 . [Codes, 1942, § 7536-15; Laws, 1948, ch. 189, § 11; repealed 1982, ch. 469, § 9; reenacted 1984, ch. 516, § 9] § 61-1-27 . [Codes, 1942, § 7536-15; Laws, 1948, ch. 189, § 11; repealed 1982, ch. 469, § 9; reenacted 1984, ch. 516 § 9] § 61-1-29 . [Codes, 1942, § 7536-15; Laws, 1948, ch. 189, § 11; 1972, ch. 475, § 1; repealed 1982, ch. 469, § 9; reenacted 1984, ch. 516, § 9] Editor’s Notes — Former § 61-1-25 provided for the registration of aircraft, and the fees for registration. Former § 61-1-27 provided the requisites for registering aircraft, provided for the issuance of certificates of registration, and made it unlawful to fail to register aircraft. Former § 61-1-29 provided exemptions from registration requirements.

Miss. Code Ann. § 61-1-31 Licensing of airports.

Site approvals.— Except as provided in this section, the commission is authorized to provide for the approval of airport sites and the issuance of certificates of such approvals. No charge shall be made for any such approval, and certificates of such an approval shall be issued without charge to all persons requesting them. Upon the promulgation of a rule or regulation providing for such approvals, any municipality or person desiring or planning to construct or establish an airport may, prior to the acquisition of the site or prior to the construction or establishment of the proposed airport, make application to the commission for approval of this site. The commission shall, with reasonable dispatch, grant approval of a site if it is satisfied: (a) that the site is adequate for the proposed airport; (b) that such proposed airport, if constructed or established, will conform to minimum standards of safety; and (c) that safe air traffic patterns could be worked out for such proposed airport and for all existing airports and approved airport sites in its vicinity. An approval of a site may be granted subject to any reasonable conditions which the commission may deem necessary to effectuate the purposes of this section, and shall remain in effect, unless sooner revoked by the commission, until a license for an airport located on the approved site has been issued pursuant to this section. The commission may, after notice and opportunity for hearing to holders of certificates of an approval, revoke such approval when it shall reasonably determine (1) that there has been an abandonment of the site as an airport site, or (2) that there has been a failure within the time prescribed, or if no time was prescribed, within a reasonable time, to develop the site as an airport or to comply with the conditions of the approval, or (3) that because of change of physical or legal conditions or circumstances the site is no longer usable for the aeronautical purposes for which the approval was granted. No approval shall be required for the site of any existing airport. Optional public hearings.— In connection with the grant of approval of a proposed airport site or the issuance of an airport license under the provisions of this section, the commission may, on its own motion or upon the request of an affected or interested person, hold a hearing open to the public as provided in this section. Exemptions.— The provisions of this section shall not apply to airports owned or operated by the United States or its agencies. The commission may, from time to time, to the extent necessary, exempt any other class of airports, pursuant to a reasonable classification or grouping, from any rule or regulation promulgated under this section or from any requirement of such a rule or regulation, if it finds that the application of such rule, regulation or requirement would be an undue burden on such class and is not required in the interest of public safety.

Miss. Code Ann. § 61-1-33 Approval of municipal projects.

No municipality in this state, whether acting alone or jointly with another municipality, or with the state, shall submit to any federal agency or department of the United States any project application under the provisions of any act of Congress which provides airport planning funds or airport construction and development funds for the expansion and improvement of the airport system unless the project and project application have been first approved by the Mississippi Transportation Commission.

Miss. Code Ann. § 61-1-35 Conduct of investigations, inquiries and hearings.

The commission, any member thereof, the director or any officer or employee of the commission designated by it, shall have the power to hold investigations, inquiries and hearings concerning matters covered by the provisions of this chapter and the rules, regulations and orders of the commission, and concerning accidents in aeronautics within this state. Hearings shall be open to the public, and, except as provided in this chapter, shall be held upon such call or notice as the commission shall deem advisable. Each member of the commission, the director and every officer or employee of the commission designated by it to hold any inquiry, investigation or hearing shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the commission or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.

Miss. Code Ann. § 61-1-37 Use and limitations on reports of investigations and hearings.

In order to facilitate the making of investigations by the commission in the interest of public safety and promotion of aeronautics, the public interest requires, and it is therefor 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 said investigation, hearing or report thereof, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the commission or in the name of the state under the provisions of this chapter or other laws of the state relating to aeronautics. No member of the commission, or the director, or any officer or employee of the commission shall be required to testify to any facts ascertained in, or information gained by reason of, his 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 commission may in its discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigations and hearings.

Miss. Code Ann. § 61-1-39 Federal-state joint hearings; cooperation between governments; accident reporting.

The commission is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of aeronautics. The commission is authorized to avail itself of the cooperation, services, records and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The commission shall furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable. The commission shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall insofar as is practicable preserve, protect and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.

Miss. Code Ann. § 61-1-41 Use of state and municipal facilities and services.

In carrying out the provisions of this chapter the commission may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible. Such agencies and municipalities are authorized and directed to make available their facilities and services.

Miss. Code Ann. § 61-1-43 Enforcement of chapter and rules and regulations.

It shall be the duty of the commission, its members, the director, officers and employees of the commission, and every state and municipal officer charged with the enforcement of state and municipal laws, to enforce and assist in the enforcement of this chapter and of all rules, regulations and orders issued pursuant thereto and of all other laws of this state relating to aeronautics. In that connection each of the aforesaid persons is authorized to inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted. In aid of the enforcement of this chapter, the rules, regulations and orders issued pursuant thereto and of all other laws of the state relating to aeronautics, general police powers are hereby conferred upon the commission, each of its members, the director, and such of the officers and employees of the commission as may be designated by it to exercise such powers. The commission is authorized, in the name of the state, to enforce the provisions of this chapter and the rules, regulations and orders issued pursuant thereto by injunction or other legal process in the courts of this state.

Miss. Code Ann. § 61-1-45 Commission orders.

Every order of the commission requiring performance of certain acts or compliance with certain requirements, and every denial or revocation of an approval, certificate or license, shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the commission will be given or the approval, license or certificate granted or restored or the order modified or changed. Orders issued by the commission pursuant to the provisions of this chapter shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under the provisions of this chapter the order of the commission shall, on not less than thirty days’ notice, specify a time when and place where the person affected may be heard, or the time within which he may request hearing. Such order shall become effective upon the expiration of the time for exercising such opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the commission shall affirm, disaffirm or modify such order after hearing held or default by the person affected. To the extent practicable, hearings on such orders shall be held in the county where the affected person resides or does business. Any person aggrieved by an order of the commission or by the grant, denial or revocation of any approval, license or certificate may have the action of the commission reviewed by the circuit court of Hinds County, Mississippi, on appeal thereto.

Miss. Code Ann. § 61-1-47 Penalties for violations of chapter and rules and regulations.

Any person violating any of the provisions of this chapter or any of the rules, regulations or orders issued pursuant thereto, 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 this chapter, 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 this chapter, 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 commission under the provisions of this chapter and 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.

Miss. Code Ann. § 61-1-49 Exchange of information as to violations.

The commission is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of the provisions of this chapter and all penalties, of which it has knowledge, imposed upon airmen or the owners or operators of aircraft for violations of the law of this state relating to aeronautics or for violations of the rules, regulations or orders of the commission. The commission is authorized to receive reports of penalties and other data from agencies of the federal government and other states, and when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange and use of reports and data. The commission may make the reports and data of the federal agencies, the agencies of other states, and the courts of this state available, with or without request therefor, to any and all courts of this state, and to any officer of the state or of a municipality authorized pursuant to the provisions of this chapter to enforce the aeronautics laws.