Aeronautics; other; clarification of penalty provisions; provide

for.

AERONAUTICS: Other; STATE AGENCIES (EXISTING): Transportation

A bill to amend 1945 PA 327, entitled

"Aeronautics code of the state of Michigan,"

by amending sections 83 and 83b (MCL 259.83 and 259.83b), section

83 as amended and section 83b as added by 2002 PA 35.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

2 over or upon the lands and waters of this state unless he or

3 she is complying with the federal airman certification require-

4 ments under the code of federal regulations.

5 (2) A person who violates subsection (1) is guilty of a

6 crime as follows:

7 (a) For a first violation EXCEPT AS OTHERWISE PROVIDED IN

8 SUBDIVISIONS (B) AND (C), the person is guilty of a misdemeanor

9 punishable by imprisonment for not more than 93 days or a fine of

10 not more than $500.00, or both.

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1 (b) For a second violation IF THE VIOLATION OCCURRED

2 within 5 years of the first violation AFTER 1 PRIOR CONVICTION

3 UNDER THIS SECTION, the person is guilty of a felony punishable

4 by imprisonment for not more than 2 years or a fine of not more

5 than $1,000.00, or both.

6 (c) For a third or subsequent violation IF THE VIOLATION

7 OCCURRED within 5 years of the second or subsequent violation

8 AFTER 2 OR MORE PRIOR CONVICTIONS UNDER THIS SECTION, the person

9 is guilty of a felony punishable by imprisonment for not more

10 than 4 years or a fine of not more than $5,000.00, or both.

11 Sec. 83b. (1) A person shall not conduct flight operations

12 requiring a federal aviation regulation air carrier or commercial

13 operator's certification without first having been issued a valid

14 federal aviation regulation air carrier or operating certificate

15 or valid commercial operator's certificate.

16 (2) A person who violates subsection (1) is guilty of a

17 crime as follows:

18 (a) For a first violation EXCEPT AS PROVIDED IN SUBDIVI-

19 SIONS (B) AND (C), the person is guilty of a felony punishable by

20 imprisonment for not more than 4 years or a fine of not more than

21 $5,000.00, or both.

22 (b) For a second violation IF THE VIOLATION OCCURRED

23 within 5 years after the first violation 1 PRIOR CONVICTION

24 UNDER THIS SECTION, the person is guilty of a felony punishable

25 by imprisonment for not less than 1 year or more than 5 years or

26 a fine of not less than $5,000.00 or more than $50,000.00, or

27 both.

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1 (c) For a third or subsequent violation IF THE VIOLATION

2 OCCURRED within 5 years after a conviction for a violation of 2

3 OR MORE PRIOR CONVICTIONS UNDER this section, the person is

4 guilty of a felony punishable by imprisonment for not less than

5 4 years or more than 10 years or a fine of not less than

6 $10,000.00 or more than $100,000.00, or both.

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