SENATE BILL No. 541

June 14, 2001, Introduced by Senators NORTH and GOUGEON and referred to the

Committee on Transportation and Tourism.

A bill to amend 1945 PA 327, entitled

"Aeronautics code of the state of Michigan,"

by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 51, 83, 86, 87, 89,

133, 151, and 205 (MCL 259.2, 259.3, 259.4, 259.5, 259.6, 259.7,

259.8, 259.9, 259.51, 259.83, 259.86, 259.87, 259.89, 259.133,

259.151, and 259.205), sections 2, 3, 4, 5, 6, 7, 8, 51, 83, 86,

and 133 as amended by 1996 PA 370, sections 9 and 151 as amended

by 2000 PA 382, and section 89 as amended by 1998 PA 81, and by

adding sections 80g, 80h, 83a, 83b, 87a, 89a, 205a, and 205b; and

to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2. "Aeronautics" means any and all acts or matters

2 that treat or deal with flight in the airspace. AS USED IN THIS

3 ACT:

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1 (A) "ACCIDENT" MEANS AN EVENT INVOLVING AN AIRCRAFT THAT IS

2 IN-FLIGHT OR TAXIING, RESULTING IN DEATH OR INJURY TO ANY PERSON,

3 DAMAGE TO THE AIRCRAFT AFFECTING ITS ABILITY TO SAFELY OPERATE,

4 OR DAMAGE TO PUBLIC PROPERTY OR PROPERTY OF ANOTHER PERSON.

5 (B) "AERONAUTICAL FACILITIES" MEANS ANY DEVICE, PHYSICAL OR

6 OTHERWISE, THAT IS AN OBJECT OF NATURE OR THAT IS HUMAN-MADE,

7 THAT AIDS AND IS USED IN AERONAUTICS.

8 (C) "AERONAUTICS" MEANS ANY ACT OR MATTER THAT TREATS OR

9 DEALS WITH FLIGHT IN THE AIRSPACE.

10 (D) "AIR NAVIGATION" MEANS THE OPERATION OR NAVIGATION OF

11 AIRCRAFT IN THE AIRSPACE OVER THE LAND AND WATERS OF THIS STATE.

12 (E) "AIRCRAFT" MEANS ANY CONTRIVANCE USED OR DESIGNED FOR

13 NAVIGATION OF OR FLIGHT IN THE AIR.

14 (F) "AIRCRAFT, CIVIL" MEANS ANY AIRCRAFT OTHER THAN A PUBLIC

15 AIRCRAFT.

16 (G) "AIRCRAFT, PUBLIC" MEANS ANY AIRCRAFT USED EXCLUSIVELY

17 IN THE SERVICE OF ANY GOVERNMENT OR OF ANY POLITICAL SUBDIVISION

18 OF A GOVERNMENT, INCLUDING THE GOVERNMENT OF ANY STATE, TERRITO-

19 RY, OR POSSESSION OF THE UNITED STATES, OR THE DISTRICT OF

20 COLUMBIA, BUT NOT INCLUDING ANY GOVERNMENT-OWNED AIRCRAFT ENGAGED

21 IN CARRYING PERSONS OR PROPERTY FOR COMMERCIAL PURPOSES.

22 (H) "AIRMAN" MEANS ANY INDIVIDUAL, INCLUDING THE 1 IN COM-

23 MAND, AND ANY PILOT, MECHANIC, OR MEMBER OF THE CREW, WHO ENGAGES

24 IN THE NAVIGATION OF AIRCRAFT WHILE UNDER WAY, AND ANY INDIVIDUAL

25 WHO IS IN CHARGE OF THE INSPECTION, OVERHAULING, OR REPAIR OF

26 AIRCRAFT, AND ANY INDIVIDUAL WHO SERVES IN THE CAPACITY OF

27 AIRCRAFT DISPATCHER OR AIR TRAFFIC CONTROL TOWER OPERATOR.

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1 (I) "AIRPORT" MEANS ANY LOCATION, EITHER ON LAND OR WATER,

2 THAT IS USED FOR THE LANDING OR TAKE-OFF OF AIRCRAFT, AND

3 INCLUDES THE BUILDINGS AND FACILITIES, IF ANY, ON THAT LOCATION.

4 (J) "AIRPORT APPROACH PLAN" MEANS A PLAN, OR AN AMENDMENT TO

5 A PLAN, ADOPTED UNDER SECTION 12 OF THE AIRPORT ZONING ACT, 1950

6 (EX SESS) PA 23, MCL 259.442.

7 (K) "AIRPORT LAYOUT PLAN" MEANS A PLAN, OR AN AMENDMENT TO A

8 PLAN, THAT SHOWS CURRENT OR PROPOSED LAYOUT OF AN AIRPORT AND

9 THAT IS APPROVED BY THE COMMISSION.

10 (l) "AIRPORT MANAGER" MEANS ANY INDIVIDUAL WHO IS PROPERLY

11 APPOINTED AND DESIGNATED BY THE AIRPORT OWNER AS THE AIRPORT MAN-

12 AGER, AND WHO IS RESPONSIBLE FOR THE SUPERVISION AND OPERATION OF

13 THE AIRPORT TO THE AIRPORT OWNER.

14 (M) "AIRSPACE APPROVAL" MEANS THAT APPROVAL ISSUED BY THE

15 APPROPRIATE FEDERAL AUTHORITY PERTAINING TO THE SAFE AND EFFI-

16 CIENT USE OF AIRSPACE BY AIRCRAFT FOR AN ESTABLISHED OR PROPOSED

17 AIRPORT OR LANDING FIELD.

18 (N) "AIRSPACE, NAVIGABLE" MEANS AIRSPACE AT AND ABOVE THE

19 MINIMUM FLIGHT ALTITUDES PRESCRIBED IN THE FEDERAL AIR REGULA-

20 TIONS INCLUDING AIRSPACE NEEDED FOR SAFE TAKEOFF AND LANDING.

21 Sec. 3. "Aeronautical facilities" means any or all

22 devices, physical or otherwise, objects of nature or human-made,

23 which aid and are used in aeronautics. AS USED IN THIS ACT:

24 (A) "BALLOON" MEANS A LIGHTER-THAN-AIR AIRCRAFT THAT IS NOT

25 ENGINE DRIVEN AND THAT SUSTAINS FLIGHT THROUGH THE USE OF EITHER

26 GAS BUOYANCY OR AN AIRBORNE HEATER.

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1 (B) "COMMERCIAL ACTIVITY OR OPERATIONS" MEANS AN ACTIVITY OR

2 OPERATION SUCH AS THE SALE OF GASOLINE OR OIL, THE SOLICITING OR

3 ENGAGING IN CHARTER FLYING OR FLIGHT INSTRUCTION, THE PROVISION

4 OF SHELTER OR THE TIE-DOWN OF AN AIRCRAFT, THE OVERHAUL OR REPAIR

5 OF AN AIRCRAFT OR OF ENGINES, OR OTHER ACTIVITY OR OPERATION THAT

6 OFFERS AERONAUTIC FACILITIES OR SERVICES TO THE PUBLIC.

7 (C) "COMMISSION" MEANS THE MICHIGAN AERONAUTICS COMMISSION.

8 (D) "DEALER" MEANS A PERSON ENGAGED IN THE BUSINESS OF PUR-

9 CHASING, SELLING, BROKERING, EXCHANGING, OR DEALING IN AIRCRAFT

10 PARTS OR IN AIRCRAFT OF A TYPE REQUIRED TO BE REGISTERED.

11 (E) "DECAL PLATE" MEANS THAT DISTINCTIVE TAB, STICKER,

12 DECAL, OR PLATE ISSUED BY THE COMMISSION WITH THE REGISTRATION

13 CERTIFICATE FOR AN AIRCRAFT.

14 (F) "DEPARTMENT" MEANS THE STATE TRANSPORTATION DEPARTMENT,

15 BUREAU OF AERONAUTICS.

16 (G) "DIRECTOR" MEANS THE DEPUTY DIRECTOR OF THE DEPARTMENT,

17 BUREAU OF AERONAUTICS.

18 Sec. 4. "Aircraft" means any contrivance used or designed

19 for navigation of or flight in the air. AS USED IN THIS ACT:

20 (A) "FLIGHT INSTRUCTOR" MEANS ANY PERSON WHO POSSESSES A

21 VALID FLIGHT INSTRUCTOR CERTIFICATE OR OTHER AIRMAN CERTIFICATE

22 ISSUED BY THE FEDERAL AVIATION ADMINISTRATION AUTHORIZING THAT

23 INDIVIDUAL TO INSTRUCT IN AIRCRAFT.

24 (B) "FLIGHT SCHOOL" MEANS ANY PERSON PROVIDING OR OFFERING

25 TO PROVIDE FLIGHT TRAINING LEADING TO PILOT OR FLIGHT INSTRUCTOR

26 CERTIFICATION, FOR HIRE OR COMPENSATION, AND ENGAGED IN ANY OF

27 THE FOLLOWING:

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1 (i) ADVERTISING OR CALLING ONESELF A FLIGHT SCHOOL OR

2 ANYTHING EQUIVALENT TO A FLIGHT SCHOOL.

3 (ii) HIRING, CONTRACTING, OR OTHERWISE USING 1 OR MORE

4 FLIGHT INSTRUCTORS IN AN ENDEAVOR DESCRIBED IN THIS SECTION.

5 (C) "FLYING CLUB" MEANS ANY GROUP OF PERSONS OWNING, LEAS-

6 ING, OR OPERATING 1 OR MORE AIRCRAFT, NOT FOR PROFIT OR REWARD,

7 AND USING THE AIRCRAFT FOR THE PURPOSE OF PROVIDING ITS MEMBERS

8 WITH AN AIRCRAFT FOR THEIR PERSONAL USE AND ENJOYMENT.

9 (D) "FUEL" MEANS ANY GASOLINE, DISTILLATE, BENZINE, NAPHTHA,

10 BENZOL, OR OTHER VOLATILE AND INFLAMMABLE LIQUID PRODUCED, COM-

11 POUNDED, AND USED FOR PROPELLING AIRCRAFT.

12 (E) "GARAGE KEEPER" MEANS ANY PERSON WHO, FOR HIRE OR

13 REWARD, PUBLICLY OFFERS TO STORE, MAINTAIN, KEEP, OR REPAIR AIR-

14 CRAFT OR ANY ACCESSORY USED IN THE OPERATION OF AIRCRAFT AND TO

15 FURNISH ACCESSORIES AND SUPPLIES FOR AIRCRAFT OR ANY ACCESSORY

16 USED IN THE OPERATION OF AIRCRAFT.

17 Sec. 5. "Aircraft, civil" means any aircraft other than a

18 public aircraft. AS USED IN THIS ACT:

19 (A) "HAZARDS TO AIR NAVIGATION" MEANS ANY OBSTRUCTION OF

20 WHATEVER CHARACTER, OBJECT OF NATURAL GROWTH, OR USE OF LAND,

21 UPON OR SURROUNDING OR ADJACENT TO AN AIRPORT, LANDING FIELD, OR

22 OTHER AERONAUTICAL FACILITY, THAT PREVENTS THE SAFE USE OF THE

23 FACILITIES FOR THE TAKE-OFF OR LANDING OF AIRCRAFT.

24 (B) "HELIPORT" MEANS AN AREA OF LAND, WATER, OR A FIXED

25 STRUCTURE USED OR INTENDED TO BE USED FOR THE LANDING AND TAKEOFF

26 OF HELICOPTERS OR OTHER ROTARY WING AIRCRAFT.

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1 (C) "HELIPORT APPROACH SURFACE" MEANS AN IMAGINARY PLANE

2 BEGINNING AT THE END OF THE HELIPORT LANDING AREA WITH THE SAME

3 WIDTH AS THE LANDING AREA AND EXTENDING OUTWARD AND UPWARD FOR A

4 HORIZONTAL DISTANCE OF 4,000 FEET WHERE ITS WIDTH IS 500 FEET.

5 THE SLOPE OF THE APPROACH SURFACE IS 8 TO 1.

6 (D) "HISTORIC AIRCRAFT" MEANS AN AIRCRAFT THAT IS OVER 30

7 YEARS OLD AND THAT IS OWNED SOLELY AS A COLLECTOR'S ITEM OR FOR

8 PARTICIPATION IN CLUB ACTIVITIES, EXHIBITIONS, TOURS, PARADES, OR

9 SIMILAR USES, BUT THAT IS NOT USED FOR GENERAL TRANSPORTATION.

10 (E) "HOSPITAL" MEANS THAT TERM AS DEFINED IN SECTION 20106

11 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.20106.

12 (F) "HOSPITAL HELIPORT" MEANS A HELIPORT LIMITED TO SERVING

13 HELICOPTERS ENGAGED IN AIR AMBULANCE OR OTHER HOSPITAL-RELATED

14 FUNCTIONS.

15 (G) "HOSPITAL HELISTOP" MEANS A MINIMALLY DEVELOPED FACILITY

16 FOR THE BOARDING AND DISCHARGING OF HELICOPTER CREW AND PASSEN-

17 GERS AND THE LOADING AND UNLOADING OF HELICOPTER CARGO SOLELY FOR

18 AN AIR AMBULANCE OR OTHER HOSPITAL-RELATED FUNCTIONS.

19 (H) "IN-FLIGHT" IS THAT TIME FROM THE BEGINNING OF AN

20 AIRCRAFT'S TAKE OFF RUN TO THE END OF THE LANDING RUN.

21 Sec. 6. "Aircraft, public" means any aircraft used exclu-

22 sively in the service of any government or of any political sub-

23 division of a government, including the government of any state,

24 territory, or possession of the United States, or the District of

25 Columbia, but not including any government-owned aircraft engaged

26 in carrying persons or property for commercial purposes. AS USED

27 IN THIS ACT:

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1 (A) "LANDING AREA" MEANS AN AREA OF AN AIRPORT, LANDING

2 FIELD, OR OTHER AERONAUTICAL FACILITY USED OR INTENDED FOR USE IN

3 LANDING, TAKING OFF, OR TAXIING OF AIRCRAFT, EXCLUDING AREA AND

4 FACILITIES FOR SHELTER, SERVICING, OR REPAIR OF AIRCRAFT OR FOR

5 RECEIVING OR DISCHARGING PASSENGERS OR CARGO.

6 (B) "LANDING FIELD" MEANS ANY LOCATION, EITHER ON LAND OR

7 WATER, THAT IS USED FOR THE LANDING OR TAKE-OFF OF AIRCRAFT.

8 (C) "MANUFACTURER" MEANS A PERSON ENGAGED IN THE BUSINESS OF

9 MANUFACTURING AIRCRAFT, AIRCRAFT ENGINES, PROPELLERS, COMPONENT

10 PARTS, APPLIANCES, OR ACCESSORIES.

11 (D) "NONRESIDENT" MEANS A PERSON WHO IS NOT A RESIDENT OF

12 THIS STATE.

13 (E) "OPERATION OF AIRCRAFT" OR "OPERATE AIRCRAFT" MEANS THE

14 USE OF AIRCRAFT FOR THE PURPOSE OF AIR NAVIGATION, INCLUDING THE

15 NAVIGATION OR PILOTING OF AIRCRAFT. ANY PERSON WHO CAUSES OR

16 AUTHORIZES THE OPERATION OF AIRCRAFT, WHETHER WITH OR WITHOUT THE

17 RIGHT OF LEGAL CONTROL IN THE CAPACITY OF OWNER, LESSEE, OR OTH-

18 ERWISE, OF THE AIRCRAFT, IS ENGAGING IN THE OPERATION OF

19 AIRCRAFT.

20 Sec. 7. "Airman" means any individual, including the 1 in

21 command, and any pilot, mechanic, or member of the crew, who

22 engages in the navigation of aircraft while under way, and any

23 individual who is in charge of the inspection, overhauling, or

24 repair of aircraft, and any individual who serves in the capacity

25 of aircraft dispatcher or air traffic control tower operator. AS

26 USED IN THIS ACT:

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1 (A) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION,

2 ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.

3 (B) "POLITICAL SUBDIVISION" MEANS A COUNTY, CITY, VILLAGE,

4 OR TOWNSHIP OF THIS STATE, AND ANY OTHER POLITICAL SUBDIVISION,

5 PUBLIC CORPORATION, AUTHORITY, OR DISTRICT IN THIS STATE THAT IS

6 OR MAY BE AUTHORIZED BY LAW TO ACQUIRE, ESTABLISH, CONSTRUCT,

7 MAINTAIN, IMPROVE, AND OPERATE AIRPORTS, LANDING FIELDS, AND

8 OTHER AERONAUTICAL FACILITIES.

9 (C) "PRIVATE LANDING AREA" MEANS ANY LOCATION, EITHER ON

10 LAND OR WATER, THAT IS USED FOR THE TAKEOFF OR LANDING OF AIR-

11 CRAFT, AND IS TO BE USED BY THE OWNER OR PERSONS AUTHORIZED BY

12 THE OWNER. NOTWITHSTANDING ANY EXISTING LIMITATION OR REGULATION

13 TO THE CONTRARY, THE OWNER AND ANY PERSON AUTHORIZED BY THE OWNER

14 HAS THE RIGHT TO USE THAT PRIVATE LANDING AREA. COMMERCIAL OPER-

15 ATIONS SHALL NOT BE CONDUCTED ON A PRIVATE LANDING AREA.

16 (D) "PUBLIC USE FACILITY" MEANS AN AIRPORT, LANDING FIELD,

17 OR OTHER AERONAUTICAL FACILITY THAT IS AVAILABLE FOR USE BY THE

18 GENERAL PUBLIC WITHOUT PRIOR APPROVAL OF THE OWNER OR OPERATOR.

19 (E) "RULE" MEANS A RULE PROMULGATED PURSUANT TO THE ADMINIS-

20 TRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO

21 24.328.

22 Sec. 8. "Air navigation" means the operation or navigation

23 of aircraft in the airspace over the land and waters of the

24 state. AS USED IN THIS ACT:

25 (A) "SEAPLANE" MEANS AN AIRCRAFT THAT IS CAPABLE OF LANDING

26 AND TAKING OFF ON THE WATER.

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1 (B) "SEAPLANE BASE" MEANS AN AREA OF WATER USED OR INTENDED

2 TO BE USED FOR THE LANDING AND TAKEOFF OF AIRCRAFT, TOGETHER WITH

3 APPURTENANT SHORESIDE BUILDINGS AND FACILITIES.

4 (C) "STATE APPROACH SURFACE" MEANS AN IMAGINARY PLANE LONGI-

5 TUDINALLY CENTERED ON THE EXTENDED RUNWAY CENTERLINE AND EXTEND-

6 ING OUTWARD AND UPWARD FROM EACH END OF THE STATE PRIMARY

7 SURFACE.

8 (D) "STATE PRIMARY SURFACE" MEANS A SURFACE LONGITUDINALLY

9 CENTERED ON A RUNWAY. FOR A PAVED RUNWAY, THE STATE PRIMARY SUR-

10 FACE EXTENDS 200 FEET BEYOND EACH END OF THAT RUNWAY FOR AN

11 UNPAVED RUNWAY OR A PLANNED PAVED RUNWAY, THE STATE PRIMARY SUR-

12 FACE ENDS AT EACH END OF THAT RUNWAY. THE ELEVATION OF ANY POINT

13 ON THE STATE PRIMARY SURFACE IS THE SAME AS THE ELEVATION OF THE

14 NEAREST POINT ON THE RUNWAY CENTERLINE. THE WIDTH OF A STATE

15 PRIMARY SURFACE IS AS FOLLOWS:

16 (i) ONE HUNDRED FEET FOR BASIC UTILITY AIRPORTS.

17 (ii) TWO HUNDRED AND FIFTY FEET FOR GENERAL UTILITY

18 AIRPORTS.

19 Sec. 9. (1) "Airport" means any location, either on land

20 or water, that is used for the landing or take-off of aircraft,

21 and includes the buildings and facilities, if any, on that

22 location.

23 (2) "Airport approach plan" means a plan, or an amendment to

24 a plan, adopted under section 12 of the airport zoning act, 1950

25 (Ex Sess) PA 23, MCL 259.442.

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1 (3) "Airport layout plan" means a plan, or an amendment to a

2 plan, that shows current or proposed layout of an airport and

3 that is approved by the commission. AS USED IN THIS ACT:

4 (A) "TAXI" MEANS THE MOVING OF AN AIRCRAFT UNDER ITS OWN

5 POWER EITHER ON THE GROUND OR ON THE SURFACE OF THE WATER, PRIOR

6 TO THE BEGINNING OF THE TAKE-OFF RUN AND AFTER THE END OF THE

7 LANDING RUN.

8 (B) "TEMPORARY COMMERCIAL OPERATIONS" MEANS ANY COMMERCIAL

9 OPERATION CONDUCTED FOR A PERIOD NOT TO EXCEED 120 DAYS PER CAL-

10 ENDAR YEAR.

11 (C) "ULTRALIGHT" MEANS AN AIRCRAFT MEETING REQUIREMENTS OF

12 14 C.F.R. PART 103.

13 (D) "VEHICLE" MEANS ANY DEVICE IN, UPON, OR BY WHICH A

14 PERSON OR PROPERTY IS OR MAY BE TRANSPORTED, EXCEPT AN AIRCRAFT.

15 Sec. 51. (1) The commission has general supervision over

16 aeronautics within this state. , with exclusive authority to

17 approve the operation of airports, landing fields, and other

18 aeronautical facilities within the state, so as to assure a uni-

19 formity in regulations covering aeronautics. The commission

20 shall encourage, foster, and participate with and provide grants

21 to the political subdivisions of this state in the development of

22 aeronautics within this state. The commission shall establish

23 and encourage the establishment of airports, landing fields, and

24 other aeronautical facilities. The commission shall promulgate

25 rules that it considers necessary and advisable for the public

26 safety governing the designing, laying out, location, building,

27 equipping, and operation of airports and landing fields AND SHALL

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1 EXERCISE EXCLUSIVE AUTHORITY TO APPROVE THE LOCATION AND

2 OPERATION OF AIRPORTS, LANDING FIELDS, AND OTHER AERONAUTICAL

3 FACILITIES WITHIN THE STATE, SO AS TO ASSURE A UNIFORMITY IN REG-

4 ULATIONS COVERING AERONAUTICS. THE COMMISSION IS AUTHORIZED TO

5 ACQUIRE, MAINTAIN, AND OPERATE AIRCRAFT IN THE FURTHERANCE OF ITS

6 DUTIES AND MISSIONS AND FOR THE TRANSPORTATION OF STATE ELECTED

7 OFFICIALS, EMPLOYEES, COMMISSIONERS, BOARD MEMBERS, AND EMPLOYEES

8 OR BOARD MEMBERS OF STATE 4-YEAR COLLEGES AND UNIVERSITIES, TRAV-

9 ELING ON BUSINESS AND THEIR PROPERLY INVITED GUESTS. In order to

10 implement this act, the commission may establish programs of

11 state financial assistance in the form of grants, leases, loans,

12 and purchases, or a combination of grants, leases, loans, and

13 purchases, for assisting political subdivisions or other

14 persons. The commission shall not grant an exclusive right for

15 the use of an aeronautical facility. The commission may by the

16 issuance of appropriate and effective rules register pilot's cer-

17 tificates issued by the civil aeronautics authority or other sim-

18 ilar federal authority to resident pilots of the state for which

19 it may charge a fee not to exceed $5.00; govern and regulate com-

20 mercial operations in intrastate commerce for which it may charge

21 a fee of not more than $25.00; and provide for the licensing of

22 aircraft dealers for which it may charge a fee of not more than

23 $25.00.

24 (2) The commission shall cooperate with and assist the fed-

25 eral government, state governments, authorities of political sub-

26 divisions, and individuals engaged in aeronautics or the

27 development of aeronautics, and shall seek to coordinate the

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1 aeronautical activities of these entities. The commission may

2 confer with or hold joint hearings with any federal or state gov-

3 ernments, their agencies, the authorities of political subdivi-

4 sions, and individuals, in connection with any matter arising

5 under this act, and avail itself of the cooperation, services,

6 records, and facilities of those agencies in the administration

7 and enforcement of this act. The commission shall reciprocate by

8 furnishing governments and their agencies its cooperation, serv-

9 ices, records, and facilities, insofar as may be practicable.

10 (3) The commission may perform acts, issue and amend orders,

11 and make, promulgate, and amend reasonable general or special

12 rules and procedures, and establish minimum standards, consistent

13 with this act, which it considers necessary to implement this act

14 and to perform its duties under this act, all commensurate with

15 and for the purpose of protecting and insuring the general public

16 interest, health, welfare, and safety. The commission may adopt

17 and enforce the provisions of the currently effective federal

18 legislation governing aeronautics. The commission shall promul-

19 gate rules to implement this act. The commission may deviate

20 from or add to rules if necessary for the public safety and for

21 the safety of aircraft and airmen within the state. A rule of

22 the commission shall not apply to aeronautical facilities owned

23 by the federal government.

24 (4) For the safety of aircraft and airmen within this state

25 the commission may designate, establish, or modify a state air-

26 ways system. The commission may publish and distribute maps,

27 charts, and information relating to that system.

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1 (5) The commission, a commission member or employee, the

2 director, and every state, county, and municipal officer charged

3 with the enforcement of state and municipal laws shall enforce

4 and assist in the enforcement of this act and of rules promul-

5 gated under this act, and of all other laws of this state relat-

6 ing to aeronautics. In the aid of enforcement, general police

7 powers are conferred upon the commission, each of its members,

8 the director, and the officers and employees of the commission

9 designated by the commission to exercise those powers. The com-

10 mission is further authorized to enforce this act and rules

11 promulgated under this act by injunction in the circuit court.

12 The prosecuting attorney of the county in which an offense is

13 committed shall prosecute offenders against this act and other

14 aeronautical laws of this state, or any rule promulgated under

15 this act or order issued by the commission. When a complaint is

16 made before the recorder's court in the city of Detroit, a

17 municipal court in a city having such a court, or the district

18 court in the county, district, or political subdivision in which

19 venue is proper, that court may take cognizance, hear, try, and

20 determine such matters and pass sentence upon offenders in

21 accordance with law.

22 (6) The commission, a commission member, the director, or an

23 employee designated by the commission may hold investigations,

24 inquiries, and hearings concerning matters covered by this act,

25 aircraft accidents, or orders and rules of the commission. Each

26 person designated may administer oaths and affirmations, certify

27 to official acts, issue subpoenas, and compel the attendance and

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1 testimony of witnesses, and the production of papers, books, and

2 documents. In case of failure to comply with a subpoena or order

3 issued under this act, the commission, or its authorized repre-

4 sentative, may invoke the aid of a court of general

5 jurisdiction. The court may order the witness to comply with the

6 requirements of the subpoena or order, or to give evidence touch-

7 ing the matter in question. Failure to obey the order of the

8 court may be punished by the court as contempt.

9 (7) In order to facilitate investigations by the commission

10 in the interest of public safety and development of aeronautics,

11 the reports of investigations or hearings, or any part of them,

12 shall not be admitted in evidence or used for any purpose in an

13 action or proceeding growing out of a matter referred to in the

14 investigation, hearing, or report, except in case of criminal or

15 other proceedings instituted in behalf of the state under this

16 act or any other law of this state relating to aeronautics. A

17 commissioner, director, or an officer or employee of the commis-

18 sion shall not be required to testify to facts ascertained in, or

19 information gained by reason of, his or her official capacity, or

20 be required to testify as an expert witness in an action or pro-

21 ceeding involving an aircraft. Except as otherwise provided in

22 this section, the commission may make available to appropriate

23 federal and state agencies information and material developed in

24 the course of its hearings and investigations.

25 (8) For the purposes of executing its powers and duties

26 under this act, the commission, upon recommendations to the state

27 administrative board, may enter into necessary contracts.

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1 SEC. 80G. (1) A PERSON SHALL NOT OPERATE AN ULTRALIGHT IN A

2 MANNER THAT CREATES A HAZARD TO OTHER PERSONS OR PROPERTY.

3 (2) A PERSON SHALL NOT ALLOW AN OBJECT TO BE DROPPED FROM AN

4 ULTRALIGHT IF IT CREATES A HAZARD TO OTHER PERSONS OR PROPERTY.

5 (3) A PERSON SHALL NOT OPERATE AN ULTRALIGHT BETWEEN SUNSET

6 AND SUNRISE. EACH PERSON OPERATING AN ULTRALIGHT SHALL MAINTAIN

7 VIGILANCE SO AS TO SEE AND AVOID AIRCRAFT AND SHALL YIELD THE

8 RIGHT-OF-WAY TO ALL AIRCRAFT.

9 (4) A PERSON SHALL NOT OPERATE AN ULTRALIGHT IN A MANNER

10 THAT CREATES A COLLISION HAZARD WITH ANY OTHER AIRCRAFT.

11 (5) A POWERED ULTRALIGHT SHALL YIELD THE RIGHT-OF-WAY TO AN

12 UNPOWERED ULTRALIGHT.

13 (6) A PERSON SHALL NOT OPERATE AN ULTRALIGHT OVER ANY CON-

14 GESTED AREA OF A CITY, TOWN, OR SETTLEMENT, OR OVER AN OPEN AIR

15 ASSEMBLY OF PERSONS.

16 SEC. 80H. A SEAPLANE OPERATOR CONDUCTING COMMERCIAL OPERA-

17 TIONS SHALL ASSURE THAT THE SEAPLANE BASE USED FOR TAKEOFF OR

18 LANDING HAS SUFFICIENT TAKEOFF AND LANDING DISTANCE FOR THE OPER-

19 ATION BEING CONDUCTED AS SPECIFIED BY THE MANUFACTURER'S OPERAT-

20 ING LIMITATIONS FOR THE AIRCRAFT BEING OPERATED.

21 Sec. 83. (1) A person shall not operate a civil aircraft

22 over or upon the lands and waters of this state unless the

23 person is in full compliance with the federal airman certifica-

24 tion requirements under subpart D of chapter 1 of title 14 of the

25 code of federal regulations HE OR SHE IS COMPLYING WITH THE FED-

26 ERAL AIRMAN CERTIFICATION REQUIREMENTS UNDER THE CODE OF FEDERAL

27 REGULATIONS.

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1 (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A

2 CRIME AS FOLLOWS:

3 (A) FOR A FIRST VIOLATION, THE PERSON IS GUILTY OF A MISDE-

4 MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A

5 FINE OF NOT MORE THAN $500.00, OR BOTH.

6 (B) FOR A SECOND VIOLATION WITHIN 5 YEARS OF THE FIRST VIO-

7 LATION, THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISON-

8 MENT FOR NOT MORE THAN 2 YEARS OR A FINE OF NOT MORE THAN

9 $1,000.00, OR BOTH.

10 (C) FOR A THIRD OR SUBSEQUENT VIOLATION WITHIN 5 YEARS OF

11 THE SECOND OR SUBSEQUENT VIOLATION, THE PERSON IS GUILTY OF A

12 FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A

13 FINE OF NOT MORE THAN $5,000.00, OR BOTH.

14 SEC. 83A. (1) A PERSON HOLDING A VALID FEDERAL AVIATION

15 RULES AIR CARRIER OR OPERATING CERTIFICATE OR A COMMERCIAL

16 OPERATOR'S CERTIFICATE SHALL NOT CONDUCT FLIGHT OPERATIONS IN

17 VIOLATION OF THAT CERTIFICATE.

18 (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MIS-

19 DEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR

20 A FINE OF NOT MORE THAN $1,000.00, OR BOTH.

21 SEC. 83B. (1) A PERSON SHALL NOT CONDUCT FLIGHT OPERATIONS

22 WITHOUT FIRST HAVING BEEN ISSUED A VALID FEDERAL AVIATION RULES

23 AIR CARRIER OR OPERATING CERTIFICATE OR VALID COMMERCIAL

24 OPERATOR'S CERTIFICATE.

25 (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A

26 CRIME AS FOLLOWS:

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17

1 (A) FOR A FIRST VIOLATION, THE PERSON IS GUILTY OF A FELONY

2 PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF

3 NOT MORE THAN $5,000.00, OR BOTH.

4 (B) FOR A SECOND VIOLATION WITHIN 5 YEARS AFTER THE FIRST

5 VIOLATION, THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRIS-

6 ONMENT FOR NOT LESS THAN 1 YEAR OR MORE THAN 5 YEARS OR A FINE OF

7 NOT LESS THAN $5,000.00 OR MORE THAN $50,000.00, OR BOTH.

8 (C) FOR A THIRD OR SUBSEQUENT VIOLATION WITHIN 5 YEARS AFTER

9 A CONVICTION FOR A VIOLATION OF THIS SECTION, THE PERSON IS

10 GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT LESS THAN

11 4 YEARS OR MORE THAN 10 YEARS OR A FINE OF NOT LESS THAN

12 $10,000.00 OR MORE THAN $100,000.00, OR BOTH.

13 Sec. 86. (1) Any individual appointed as an airport manager

14 by the owner of a licensed aeronautical facility, before operat-

15 ing as an airport manager, shall be licensed by the department

16 for which the department may make a reasonable charge not to

17 exceed $5.00. An airport manager license expires on December 31,

18 annually.

19 (2) All airports, landing fields, and other aeronautical

20 facilities, except those owned or operated by the United States

21 government, before operating as such, shall be approved by the

22 department.

23 (3) Upon receipt of an application for a public use landing

24 area, the commission shall cause the proposed landing area to be

25 inspected. If the proposed or completed facility is found to

26 meet the minimum requirements for issuance of site approval, the

27 commission shall issue a license of approval. The department

02674'01 *

18

1 shall issue annually a license of approval in each case and

2 charge an annual fee not in excess of $100.00. The fee shall be

3 in lieu of all real property taxes on the landing area and

4 improvements to the landing area to the extent permitted by sec-

5 tion 7y of the general property tax act, Act No. 206 of the

6 Public Acts of 1893, being section 211.7y of the Michigan

7 Compiled Laws 1893 PA 206, MCL 211.7Y. Licensed public use

8 facilities shall be included on the Michigan aeronautical charts

9 and in other aviation publications made available to the public.

10 (4) Aeronautical facility licenses expire on December 31

11 annually.

12 (5) A facility intended for the use of aircraft shall not be

13 established, without prior commission approval, within 5 nautical

14 miles of a public use facility licensed by the commission.

15 (6) A facility shall not be licensed or approved that

16 requires aircraft to be airborne under a bridge or power line

17 during the approach to or takeoff from a landing area, or

18 requires aircraft to fly in a manner that may endanger persons or

19 property.

20 (7) The commission may refuse issuance of license or

21 approval if the location of a proposed landing area is at or near

22 a licensed landfill, a game refuge, a fishery, or other refuge

23 designated by the department of natural resources.

24 (8) The official name of an aeronautical facility, as desig-

25 nated in a license issued by the commission, shall not be changed

26 unless written request is made by the airport owner or by

02674'01 *

19

1 resolution of the governing body of the airport authorizing the

2 name change.

3 (4) (9) Commercial operations shall not be performed on

4 any LAND BASED landing area other than at a licensed aeronautical

5 facility except that temporary field permits may be issued under

6 this section. All commercial operations shall be based out of a

7 licensed aeronautical facility.

8 (5) (10) If the owner of an aircraft uses, or proposes to

9 use, an area of land or water for temporary commercial

10 operations LANDING AREAS, he or she shall apply to the commis-

11 sion for a temporary field permit on forms furnished by the

12 commission.

13 (11) The application for a temporary field permit shall be

14 received at least 14 days before the date of requested issuance,

15 and shall be accompanied by a $50.00 fee.

16 (12) The area proposed to be covered by a temporary field

17 permit shall be inspected by the commission, and if found to meet

18 minimum requirements of a licensed public use aeronautical facil-

19 ity, the commission may issue a temporary field permit for a

20 period not to exceed 120 days.

21 (6) (13) The annual license of approval issued pursuant to

22 subsection (2) shall include a statement, certified by the direc-

23 tor, describing the approach clear zones and transitional surface

24 areas for the airport for which the license is applicable.

25 Standards for describing approach clear zones and transitional

26 surface areas shall be uniform according to type of runway and

02674'01 *

20

1 shall conform with regularly accepted definitions and usage in

2 the aeronautics field.

3 Sec. 87. (1) Airports, landing fields and other aeronauti-

4 cal facilities; rejection of application. In any case where IN

5 WHICH the department rejects an application for permission to

6 operate an airport, landing field, or other aeronautical facili-

7 ty, or in any case where the department shall issue any order

8 requiring certain things to be done, it shall set forth its rea-

9 sons therefor FOR THE ORDER and shall state the requirements to

10 be met before such approval will be given. or such order modi-

11 fied or changed. In any case where IN WHICH the department

12 may deem CONSIDERS it necessary, it THE DEPARTMENT may order

13 the closing of any airport, landing field, or other aeronautical

14 facility, until compliance is made with the requirements ordered

15 by the department.

16 (2) A FACILITY SHALL NOT BE LICENSED OR APPROVED THAT

17 REQUIRES AIRCRAFT TO BE AIRBORNE UNDER A BRIDGE OR POWER LINE

18 DURING THE APPROACH TO OR TAKEOFF FROM A LANDING AREA, OR THAT

19 REQUIRES AIRCRAFT TO FLY IN A MANNER THAT MAY ENDANGER PERSONS OR

20 PROPERTY.

21 SEC. 87A. EACH CERTIFICATE OF APPROVAL OF AN AIRPORT, LAND-

22 ING FIELD, OR OTHER AERONAUTICAL FACILITY SHALL BE REGISTERED

23 ANNUALLY, AND THE DEPARTMENT IS AUTHORIZED TO ESTABLISH A REASON-

24 ABLE FEE IN ACCORDANCE WITH ISSUED RULES AND REGULATIONS.

25 Sec. 89. Sections 86 , 86a, 86b, 86c, 87, and 88 87A do

26 not apply to landing areas designated and operated for private

27 use if commercial operations are not performed on the landing

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21

1 areas. A landing area for private use shall not be established,

2 without commission approval, within 5 nautical miles of a public

3 use facility certified by the commission OR THAT WOULD VIOLATE

4 SECTION 87.

5 SEC. 89A. SECTIONS 86 AND 87A DO NOT APPLY TO LANDING AREAS

6 DESIGNATED AND OPERATED FOR THE EXCLUSIVE USE OF EITHER ULTRA-

7 LIGHTS OR BALLOONS. A LANDING AREA FOR ULTRALIGHT OR BALLOON USE

8 SHALL NOT BE ESTABLISHED, WITHOUT COMMISSION APPROVAL, WITHIN 5

9 NAUTICAL MILES OF A PUBLIC USE FACILITY CERTIFIED BY THE

10 COMMISSION. FOR THE PURPOSES OF THIS SECTION, "ESTABLISHED"

11 MEANS ANY FACILITY THAT IS USED OR INTENDED TO BE USED FOR THE

12 OPERATION OF BALLOONS OR ULTRALIGHTS MORE THAN 10 TIMES IN ANY

13 12-MONTH PERIOD.

14 Sec. 133. In addition to the general powers conferred by

15 this act, a political subdivision that has established or estab-

16 lishes an airport, landing field, or other aeronautical facility

17 may do 1 or more of the following:

18 (a) Vest authority for the construction, enlargement,

19 improvement, maintenance, equipment, operation, and regulation of

20 the airport, landing field, or other aeronautical facility, in an

21 officer, a board, or body of a political subdivision, by ordi-

22 nance or resolution that prescribes the powers and duties of the

23 officer, board, or body. In counties operating under the county

24 road system with a population of more than 2,000,000, the board

25 of county road commissioners may implement this section for that

26 county.

02674'01 *

22

1 (b) Employ a regular airport manager for the airport,

2 landing field, or other aeronautical facility under its control,

3 or in cases where an airport board or body is established, the

4 airport manager may be employed by the board or body.

5 (c) Adopt and amend all necessary rules, regulations, and

6 ordinances, for the management, government, and use of any prop-

7 erties under its control, whether within or outside of its terri-

8 torial limits; appoint airport guards or police, with full police

9 powers; establish penalties for the violation of the rules, regu-

10 lations, and ordinances, and enforce the penalties.

11 (d) Adopt and enact rules, regulations, and ordinances

12 designed to safeguard the public upon or beyond the limits of

13 private airports, landing fields, or other aeronautical facili-

14 ties within the political subdivision or its police jurisdiction

15 against the perils and hazards of instrumentalities used in

16 aerial navigation. Rules adopted pursuant to this subdivision

17 shall be consistent with and conform as nearly as possible with

18 the laws of this state and the rules of the state transportation

19 department.

20 (e) Lease for a term of years, donate, or sell, the airport,

21 landing field, or other aeronautical facility, or buildings and

22 structures relating to the airport, landing field, or other aero-

23 nautical facility, or real property acquired or set apart for

24 these purposes, to any person or persons, any other political

25 subdivision or the state , or the federal government, or any

26 department of a political subdivision, or the state or federal

27 government, either exclusively or in common with others, for

02674'01 *

23

1 operation and public use; confer the privileges of concessions of

2 supplying upon its airports goods, commodities, things, services,

3 and facilities; enter into leases, contracts, agreements, or

4 grants of privileges of concessions with any person or persons,

5 any other political subdivision or the state government or the

6 federal government, or any department of a political subdivision

7 or the state or federal government, for the operation, use, or

8 occupancy, either exclusively or in common with others, of all or

9 any part of the airport, landing field, or other aeronautical

10 facility, including any buildings and structures of the airport,

11 landing field, or aeronautical facility, under its control, for a

12 term or terms not to exceed 50 years, establishing the charges,

13 rentals, or fees at a fixed or variable rate binding upon the

14 parties for the full term of the lease, contract, agreement, or

15 grant, which lease, contract, agreement, or grant may provide for

16 the resolution of disputes or for the fixing of variable terms

17 through arbitration or similar procedure. The terms, charges,

18 rentals, and fees shall be equal and uniform for the same type of

19 facilities provided, services rendered, or privileges granted

20 with no UNJUST discrimination between users of the same class for

21 like facilities provided, services rendered, or privileges

22 granted. However, the public shall not be deprived of its right-

23 ful, equal, and uniform use of facilities provided, services

24 rendered, or privileges granted. Terms, charges, rentals, and

25 fees may vary if necessary, to provide security and funds for

26 payment of bonds to be issued as authorized by this act to

27 finance improvements to any airport, or to allow for other

02674'01 *

24

1 differing costs of financing, construction of facilities, or

2 maintenance and operation of the facility.

3 (f) Sell, donate, or lease any property, real or personal,

4 acquired for such purposes and belonging to the political subdi-

5 vision, which in the judgment of its governing body, may not be

6 subsequently required for aeronautic purposes, in accordance with

7 the laws of this state, or the provisions of the charter of the

8 political subdivision, governing the sale or leasing of similarly

9 owned property.

10 (g) Determine the charges, rentals, or fees for the use of

11 any properties under its control, and the charges for any serv-

12 ices or accommodations, and the terms and conditions under which

13 the properties may be used, which rentals, fees, charges, terms,

14 and conditions shall be equal and uniform for the same type of

15 use provided, services rendered, or accommodations granted with

16 no UNJUST discrimination between users of the same class for like

17 use provided, services rendered, or accommodations granted,

18 except that any charges, rentals, and fees as may be fixed or

19 determined by any lease, contract, agreement, or grant of privi-

20 leges of concessions to which the political subdivision is a

21 party or is the grantor, shall be binding upon all parties for

22 the full term prescribed in the lease, contract, agreement, or

23 grant unless the same is sooner modified or terminated by mutual

24 consent of the parties. However, the public shall not be

25 deprived of its rightful, equal, and uniform use of such

26 property. Terms, charges, rentals, and fees may vary if

27 necessary, to provide security and funds for payment of bonds to

02674'01 *

25

1 be issued as authorized by this act to finance improvements to

2 any airport, or to allow for other differing costs of financing,

3 construction of facilities, or maintenance and operation of any

4 such facility. Liens may be attached and enforced by law, as

5 provided in such cases, and their enforcement, for repairs to or

6 improvements or storage or care of any personal property, to

7 enforce the payment of the charges.

8 (h) Exercise all powers necessarily incidental to the exer-

9 cise of the general and special powers granted under this

10 section.

11 Sec. 151. (1) The commission may create and establish a

12 state plan for approach protection areas surrounding airports,

13 landing fields, and other aeronautical facilities, by establish-

14 ing standards OF HEIGHT AND USE to which any structure or

15 obstruction, whether natural or human-made, may be erected or

16 maintained within a distance from the boundaries of any airport,

17 landing field or other aeronautical facility necessary for the

18 safe landing, take-off or other use of such facilities by air-

19 craft operating within this state PUBLIC SAFETY.

20 (2) The airport manager of an airport licensed under this

21 act shall promptly file all of the following with any city, vil-

22 lage, township, or county that is located in whole or in part

23 within the approach protection area:

24 (a) A copy of the airport approach plan for the airport, if

25 any.

26 (b) A copy of the airport layout plan for the airport, if

27 any.

02674'01 *

26

1 (c) A registration of the airport's name and mailing address

2 for the purposes of receipt of notice under section 4 of the city

3 and village zoning act, 1921 PA 207, MCL 125.584, section 9 of

4 the county zoning act, 1943 PA 183, MCL 125.209, or section 9 of

5 the township zoning act, 1943 PA 184, MCL 125.279.

6 (3) The filing under subsection (2) shall be made with the

7 zoning board, zoning commission, or other commission appointed to

8 recommend zoning regulations or, if there is no body exercising

9 the powers of such a commission, with the legislative body of the

10 city, village, township, or county.

11 Sec. 205. Repair station operator lien. Every individual,

12 firm or corporation, who regularly, for hire or reward, services,

13 repairs, stores or maintains aircraft, shall have a lien upon any

14 aircraft so serviced, repaired, stored or maintained, by any of

15 them, for the proper charges thereon due; or for gasoline, elec-

16 tric current or other accessories and supplies furnished or

17 expenses bestowed or labor performed thereon or in connection

18 therewith, at the request, or with the consent, of the registered

19 owner of the aircraft, whether such owner be a conditional sale

20 vendee or a mortgagor remaining in possession or otherwise, in

21 accordance with the laws and procedure provided for the estab-

22 lishment and execution of garage keeper's lien, in the state of

23 Michigan. A GARAGE KEEPER WHO IN PURSUANCE OF ANY CONTRACT,

24 EXPRESSED OR IMPLIED, WRITTEN OR UNWRITTEN, FURNISHES ANY LABOR,

25 MATERIAL, OR SUPPLIES HAS A LIEN UPON ANY AIRCRAFT STORED, MAIN-

26 TAINED, SUPPLIED, OR REPAIRED BY HIM OR HER FOR THE PROPER

27 CHARGES DUE FOR THE STORAGE, MAINTENANCE, KEEPING, AND REPAIR OF

02674'01 *

27

1 THE AIRCRAFT AND FOR GASOLINE OR AVIATION FUEL, ELECTRIC CURRENT,

2 OR OTHER ACCESSORIES AND SUPPLIES FURNISHED OR EXPENSES BESTOWED

3 OR LABOR PERFORMED ON THE AIRCRAFT AT THE REQUEST OR WITH THE

4 CONSENT OF THE REGISTERED OWNER OF THE AIRCRAFT, WHETHER THE

5 OWNER IS A CONDITIONAL SALE VENDEE OR A MORTGAGOR REMAINING IN

6 POSSESSION OR OTHERWISE. THE GARAGE KEEPER MAY DETAIN THE AIR-

7 CRAFT AT ANY TIME IT IS IN HIS OR HER POSSESSION WITHIN 90 DAYS

8 AFTER PERFORMING THE LAST LABOR OR FURNISHING THE LAST SUPPLIES

9 FOR WHICH THE LIEN IS CLAIMED. THE LIEN, TO THE EXTENT IT IS FOR

10 LABOR AND MATERIAL FURNISHED IN MAKING REPAIRS UPON AN AIRCRAFT,

11 HAS PRIORITY OVER ALL OTHER LIENS UPON THE AIRCRAFT.

12 SEC. 205A. (1) IF THE VEHICLE SUBJECT TO A LIEN UNDER

13 SECTION 1 IS AN AIRCRAFT, THE GARAGE KEEPER'S LIEN SHALL TAKE

14 PRIORITY OVER ANY PRIOR LIEN UNLESS THE PRIOR LIENHOLDER PAYS TO

15 THE GARAGE KEEPER THE AMOUNT OF THE LIEN ATTRIBUTABLE TO LABOR

16 AND MATERIALS, OR THE FOLLOWING APPLICABLE AMOUNT, WHICHEVER IS

17 LESS:

18 (A) $5,000.00 IN THE CASE OF AN AIRCRAFT THAT HAS A SINGLE

19 ENGINE OF LESS THAN 150 HORSEPOWER.

20 (B) $10,000.00 IN THE CASE OF AN AIRCRAFT THAT HAS A SINGLE

21 ENGINE OF 150 OR MORE HORSEPOWER.

22 (C) $20,000.00 IN THE CASE OF A MULTIENGINE, NONTURBOCHARGED

23 AIRCRAFT, OR AN AIRCRAFT THAT IS RATED AT LESS THAN 6,000 POUNDS

24 MAXIMUM CERTIFICATED GROSS TAKEOFF WEIGHT.

25 (D) $40,000.00 IN THE CASE OF A MULTIENGINE TURBOCHARGED

26 AIRCRAFT, OR AN AIRCRAFT THAT IS RATED AT 6,000 POUNDS OR MORE

27 MAXIMUM CERTIFICATED GROSS TAKEOFF WEIGHT.

02674'01 *

28

1 (E) $100,000.00 IN THE CASE OF A TURBOPROP OR TURBOJET

2 AIRCRAFT.

3 (2) A PAYMENT MADE TO A GARAGE KEEPER UNDER SUBSECTION (1)

4 SHALL BE ADDED TO THE AMOUNT OF THE LIEN OF THE PRIOR LIENHOLDER

5 WHO MADE THE PAYMENT, AND SHALL BE SUBTRACTED FROM THE AMOUNT OF

6 THE GARAGE KEEPER'S LIEN.

7 (3) THE GARAGE KEEPER'S LIEN ESTABLISHED IN THIS ACT IS THE

8 SOLE LIEN AVAILABLE TO A GARAGE KEEPER AS TO AN AIRCRAFT, AND THE

9 COMMON LAW GARAGE KEEPER'S LIEN AS TO AN AIRCRAFT IS ABOLISHED.

10 SEC. 205B. (1) IF THE CHARGES DESCRIBED IN SECTION 1 FOR AN

11 AIRCRAFT ARE NOT PAID WHEN DUE, THE GARAGE KEEPER MAY, WITHIN 60

12 DAYS AFTER THE LAST WORK OR SERVICE IS PERFORMED, FILE WITH THE

13 FEDERAL AVIATION ADMINISTRATION AIRCRAFT REGISTRY, A CLAIM OF

14 LIEN, DULY ACKNOWLEDGED, STATING THE NAME AND ADDRESS OF THE LIEN

15 CLAIMANT, THE AMOUNT DUE, AND DESCRIBING THE AIRCRAFT BY MAKE,

16 MODEL, SERIAL NUMBER, AND REGISTRATION NUMBER. IF CHARGES

17 DESCRIBED IN SECTION 1 FOR AN AIRCRAFT ARE NOT PAID WITHIN 60

18 DAYS AFTER A CLAIM OF LIEN TOGETHER WITH AN ITEMIZED STATEMENT OF

19 THE ACCOUNT IS DELIVERED TO THE REGISTERED OWNER OF THE AIRCRAFT

20 BY PERSONAL SERVICE OR SERVICE BY REGISTERED OR CERTIFIED MAIL

21 ADDRESSED TO THE LAST KNOWN ADDRESS OF THE REGISTERED OWNER OF

22 THE AIRCRAFT, AND A RECORD OF THE LIEN DESCRIBED ABOVE HAS BEEN

23 FILED WITH THE FEDERAL AVIATION ADMINISTRATION AIRCRAFT REGISTRY,

24 THE GARAGE KEEPER MAY SELL THE AIRCRAFT AT PUBLIC AUCTION. THE

25 SALE SHALL BE HELD NOT LESS THAN 20 DAYS OR MORE THAN 60 DAYS

26 AFTER THE EXPIRATION OF THE 60-DAY PERIOD.

02674'01 *

29

1 (2) NOT LATER THAN 20 DAYS BEFORE ANY SALE IS HELD, THE

2 GARAGE KEEPER SHALL GIVE WRITTEN NOTICE OF THE TIME AND PLACE OF

3 THE SALE TO THE FEDERAL AVIATION ADMINISTRATION AIRCRAFT REGIS-

4 TRY, TO ANY LIENHOLDER AS SHOWN BY THE RECORDS OF THE FEDERAL

5 AVIATION ADMINISTRATION AIRCRAFT REGISTRY, AND TO THE REGISTERED

6 OWNER OF THE AIRCRAFT. NOTICE TO THE FEDERAL AVIATION ADMINIS-

7 TRATION AIRCRAFT REGISTRY AND THE LIENHOLDERS SHALL BE GIVEN BY

8 FIRST-CLASS MAIL, ADDRESSED TO THE FEDERAL AVIATION ADMINISTRA-

9 TION AIRCRAFT REGISTRY, AND TO THE ADDRESS OF THE LIENHOLDERS.

10 NOTICE TO THE REGISTERED OWNER OF THE AIRCRAFT SHALL BE GIVEN

11 PERSONALLY OR BY CERTIFIED MAIL, DIRECTLY TO THE LAST KNOWN

12 ADDRESS OF THE REGISTERED OWNER. NOTICE OF THE TIME AND PLACE OF

13 THE SALE ALSO SHALL BE POSTED IN A CONSPICUOUS PLACE AT THE PLACE

14 OF THE SALE AND AT EVERY AIRPORT WITHIN A 25-MILE RADIUS OF THE

15 PLACE OF THE SALE.

16 (3) THE GARAGE KEEPER MAY BID FOR AND PURCHASE THE AIRCRAFT

17 AT THE SALE. IF THE GARAGE KEEPER DIRECTLY OR INDIRECTLY PUR-

18 CHASES THE AIRCRAFT AT THE SALE, THE PROCEEDS OF THE SALE SHALL

19 BE DETERMINED TO BE EITHER THE AMOUNT PAID BY THE GARAGE KEEPER

20 OR THE FAIR CASH MARKET VALUE OF THE AIRCRAFT AS DETERMINED BY A

21 NEUTRAL AIRCRAFT APPRAISER IMMEDIATELY BEFORE THE TIME OF SALE,

22 WHICHEVER IS THE GREATER.

23 (4) ANY SURPLUS RECEIVED AT THE SALE, AFTER ALL CHARGES OF

24 THE GARAGE KEEPER HAVE BEEN PAID AND SATISFIED AND ALL COSTS OF

25 SALE HAVE BEEN DEDUCTED, SHALL BE RETURNED TO ANY LIENHOLDER WHO

26 HAS A PROPERLY RECORDED SECURITY INTEREST IN THE AIRCRAFT OR PART

27 OF THE AIRCRAFT BEFORE DISTRIBUTION OF THE PROCEEDS OF THE SALE

02674'01 *

30

1 IS COMPLETE, AND THE BALANCE SHALL BE RETURNED TO THE REGISTERED

2 OWNER OF THE AIRCRAFT.

3 Enacting section 1. Sections 10, 10a, 11, 14a, 15, 15a,

4 15b, 16, 17, 17a, 17b, 18, 19, 20, 20a, 20a[1], 20b, 20c, 20d,

5 21, 21a, 21b, 21c, 22, 23, 24, 24a, 24b, 25, 25a, 25a[1], 25b,

6 25c, 25d, 25e, 86a, 86b, and 86c of the aeronautics code of the

7 state of Michigan, 1945 PA 327, MCL 259.10, 259.10a, 259.11,

8 259.14a, 259.15, 259.15a, 259.15b, 259.16, 259.17, 259.17a,

9 259.17b, 259.18, 259.19, 259.20, 259.20a, 259.20a[1], 259.20b,

10 259.20c, 259.20d, 259.21, 259.21a, 259.21b, 259.21c, 259.22,

11 259.23, 259.24, 259.24a, 259.24b, 259.25, 259.25a, 259.25a[1],

12 259.25b, 259.25c, 259.25d, 259.25e, 259.86a, 259.86b, and

13 259.86c, are repealed.

02674'01 * Final page. JJG