Aviation Generally

NMSA 1978 ch. 64, art. 1

in effect

NMSA 1978, § 64-1-11 Aviation Act; short title

64-1-11. Aviation Act; short title Sections 64-1-11 through 64-1-17 NMSA 1978 may be cited as the "Aviation Act." 1953 Comp., § 44-1-10.1, enacted by Laws 1963, ch. 314, § 1; 1977, ch. 250, § 12.

NMSA 1978, § 64-1-12 Definitions

64-1-12. Definitions As used in the Aviation Act: A. "aircraft" means airplane and helicopter; B. "pilot" means any person participating in the operation of an aircraft while it is in flight; C. "passenger" means any person riding in an aircraft except a pilot; D. "department" means the department of transportation; E. "division" means the aviation division of the department; F. "director" means the director of the division; and G. "secretary" means the secretary of transportation. 1953 Comp., § 44-1-10.2, enacted by Laws 1963, ch. 314, § 2; 1977, ch. 250, § 13; 1987, ch. 268, § 7; 2023, ch. 100, § 24.

NMSA 1978, § 64-1-13 Aviation division; powers and duties

64-1-13. Aviation division; powers and duties The division shall: A. cooperate with all public and private agencies and organizations, state, local and federal, to encourage and advance aviation in this state; B. assemble and distribute to the public information relating to aviation, landing fields, beacons and other matters pertaining to aviation and may accept federal money made available for the advancement of aviation; C. authorize expenditures of money from the state aviation fund for construction, development and maintenance of public-use airport facilities, except airports serving regularly scheduled interstate airlines using aircraft with a maximum passenger capacity of more than one hundred seats or a maximum payload capacity of more than twenty-five thousand pounds, including rural landing fields and airstrips. Expenditures shall be made according to the need for airport facilities as determined by the division; D. operate under a director, appointed by the secretary, with the approval of the governor, who shall have an aviation background and meet other qualifications prescribed by the secretary; E. establish policies for operation of the division; F. promulgate rules for proper enforcement of aviation laws; G. provide for a surety bond, paid from the state aviation fund, issued by a corporate surety company licensed to do business in New Mexico, in an amount set by the state board of finance, on a form approved by the attorney general, conditioned upon the faithful performance of the duties of the personnel of the division who expend or authorize the expenditure of state funds; H. have the following powers with respect to state airports: (1) the division may, on behalf of and in the name of the state, out of appropriations and other money made available for such purposes, plan, construct, enlarge, improve, maintain, equip and operate airports and air navigation facilities, including the construction, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers. For such purposes, the division may, in the name of the state, by purchase, gift, devise, lease or otherwise, acquire property, real or personal, or any interest in property, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airports or air navigation facilities. The division may enter into any contracts necessary to the execution of the powers granted it by this paragraph; and (2) the division may accept, receive, receipt for, disburse and expend federal money and other money, public or private, made available to accomplish, in whole or in part, any of the purposes of this subsection. All federal money accepted under this subsection shall be accepted and expended by the division upon such terms and conditions as are prescribed by the United States. The division, on behalf of the state, may enter into contracts with the United States or with any person that may be required in connection with a grant or loan of federal money for airport or air navigation facility purposes. All money received by the division pursuant to this subsection is appropriated for the purpose for which the money was made available, to be disbursed or expended in accordance with the terms and conditions upon which the money was made available; provided that nothing contained in this section shall affect the power of a local government to contract with the United States or any person in connection with a grant or loan of money for airports or air navigation facilities in accordance with the terms and conditions upon which the funds were made available; and I. have the power to engage in planning for the development of a system of public airports within the state. 1953 Comp., § 44-1-10.5, enacted by Laws 1963, ch. 314, § 5; 1966, ch. 39, § 1; 1970, ch. 49, § 1; 1975, ch. 197, § 1; 1976, ch. 23, § 1; 1977, ch. 250, § 16; 1987, ch. 268, § 8; 2001, ch. 154, § 1; 2009, ch. 164, § 1; 2023, ch. 100, § 25.

NMSA 1978, § 64-1-13.1 Air service assistance program created

64-1-13.1. Air service assistance program created An air service assistance program is created to provide assistance to airlines in the establishment of regional air service for small communities to and from hub airports in the southwest United States. The division shall administer the air service assistance program and shall establish regulations for eligibility for assistance, including the maximum amount a recipient may receive. Laws 1999, ch. 184, § 1.

NMSA 1978, § 64-1-14 Director; powers and duties

64-1-14. Director; powers and duties The director shall: A. be the executive officer of the division; B. with the consent of the secretary, employ necessary personnel; and C. administer the aviation laws of this state and enforce the policies, rules and regulations of the division. 1953 Comp., § 44-1-10.6, enacted by Laws 1963, ch. 314, § 6; 1977, ch. 250, § 17; 1987, ch. 268, § 9; 2023, ch. 100, § 26.

NMSA 1978, § 64-1-15 State aviation fund

64-1-15. State aviation fund A. There is created in the state treasury the "state aviation fund". All income to the state aviation fund is appropriated to the division. Earnings from investment of the fund shall be credited to the fund. B. The amounts distributed to the state aviation fund pursuant to Subsection C of Section 7-1-6.7 NMSA 1978 shall be used for the air service assistance program, including planning, program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities. All other amounts distributed to the state aviation fund, including collections by the division for aircraft registration pursuant to the Aircraft Registration Act [64-4-1 to 64-4-15 NMSA 1978], payments to the division pursuant to Sections 64-1-13 and 64-1-19 NMSA 1978 and reimbursements to the division from federal aviation administration funds or from any other source shall be used for planning and program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities. All expenditures shall be made in accordance with budgets approved by the department. Balances in the state aviation fund shall not be transferred and shall not revert to any other fund. 1953 Comp., § 44-1-10.7, enacted by Laws 1963, ch. 314, § 7; 1977, ch. 250, § 18; 1983, ch. 211, § 39; 1989, ch. 158, § 1; 2001, ch. 198, § 2; 2007, ch. 297, § 2; 2007, ch. 298, § 2; 2013, ch. 19, § 2.

NMSA 1978, § 64-1-16 Landing fees

64-1-16. Landing fees An airport facility that receives funds under the Aviation Act may charge landing fees for aircraft used in commercial activities for compensation or for general aviation aircraft that weigh more than twelve thousand five hundred pounds; provided that any landing fees shall be assessed and used in compliance with federal law. 1953 Comp., § 44-1-10.8, enacted by Laws 1963, ch. 314, § 8; 1979, ch. 336, § 1; 2003, ch. 43, § 1; 2019, ch. 250, § 1.

NMSA 1978, § 64-1-17 Airport facilities on private land

64-1-17. Airport facilities on private land No money shall be expended under the Aviation Act for construction, development or maintenance of an airport facility located on private land, unless the landowner files a written agreement with the director permitting public use of the facility without limit as to time. 1953 Comp., § 44-1-10.9, enacted by Laws 1963, ch. 314, § 9; 1977, ch. 250, § 19.

NMSA 1978, § 64-1-19 Aviation division; additional powers and duties

64-1-19. Aviation division; additional powers and duties The division may: A. contract with any agency of the federal government to perform specified aviation services; B. accept federal grants for the administration and performance of such aviation services; C. employ necessary personnel and pay other administrative costs from federal grant funds in accordance with a budget approved by the department of finance and administration without regard to other restrictions or limitations imposed on the division's budget. 1953 Comp., § 44-1-15.1, enacted by Laws 1975, ch. 197, § 2; 1977, ch. 250, § 21.

NMSA 1978, § 64-1-20 [Guests in aircraft; right of action for damages for injury, death or loss.]

64-1-20. [Guests in aircraft; right of action for damages for injury, death or loss.] No person riding in an aircraft as a guest, without payment for the ride or transportation, nor his personal representative in the event of the death of such guest, shall have a cause of action against any pilot or crewman of such aircraft or its owner or his employee or agent for injury, death or loss which occurs as a result of an accident unless such accident shall have been intentional on the part of said owner or operator or caused by his heedlessness or his reckless disregard of the rights of others. 1953 Comp., § 44-1-16, enacted by Laws 1963, ch. 196, § 1.

NMSA 1978, § 64-1-21 Definition

64-1-21. Definition In this act [64-1-21 to 64-1-23 NMSA 1978], "aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, including a parachute or other contrivance designed for such navigation. 1953 Comp., § 44-1-17, enacted by Laws 1965, ch. 34, § 1.

NMSA 1978, § 64-1-22 Unlawful interference with the flight of aircraft

64-1-22. Unlawful interference with the flight of aircraft Any person discharging a firearm or setting in flight any missile, projectile or object intended to strike or collide with any flying aircraft shall be guilty of unlawful interference with the flight of an aircraft. 1953 Comp., § 44-1-18, enacted by Laws 1965, ch. 34, § 2.

NMSA 1978, § 64-1-23 Penalty

64-1-23. Penalty Whoever is convicted of unlawful interference with the flight of an aircraft shall be guilty of a fourth degree felony. 1953 Comp., § 44-1-19, enacted by Laws 1965, ch. 34, § 3.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18567/index.doFetched: 10/20/2026