Code of Massachusetts Regulations
702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION
Title 702 CMR 3.00 - Licensing and Registration
Section 3.03 - Inspection

Universal Citation: 702 MA Code of Regs 702.3

Current through Register 1531, September 27, 2024

(1) Any authorized representative of the division shall be permitted to inspect any aircraft in the commonwealth at any time and place for the purpose of determining its flying condition and state of repair, and for any other purpose within the division's jurisdiction. For the purposes of such inspections, the owner, operator, airman or pilot shall give to such representative of the division free and uninterrupted access to the aircraft and the field or shelter where the aircraft is located, and shall submit for inspection registrations, licenses, airworthiness certificates, operation records, logbooks and other pertinent records upon request.

(2) Any airman or other person who operates or attempts to operate an aircraft in the commonwealth shall, on request of a law enforcement officer or authorized representative of the division, be deemed to have given consent to:

(a) Physical tests and examination for the purposes of determining whether the person is under the influence of intoxicating liquor or controlled substances; and

(b) A chemical, infrared molecular absorption or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purposes of determining whether the person is under the influence of intoxicating liquor or controlled substances.

Such tests shall be administered at the direction of a law enforcement official or authorized representative of the division having reasonable suspicion to believe the person to have been operating, attempting to operate, or in actual physical control of an aircraft in the commonwealth while under the influence of intoxicating liquor or controlled substances.

(3) Upon request by any authorized representative of the division, any airman shall produce for inspection any certificate, license, registration or medical certificate required by 702 CMR 3.01, 3.02, or federal law held by him or her.

(4) Any authorized representative of the division shall have the right to inspect any airport, heliport, or restricted landing area with or without notice, and shall be provided free and uninterrupted access to all areas within the airport or heliport. The person in control of the airport, heliport, or restricted landing area shall provide such representative access to all certificates, operations records, logbooks, and other pertinent records upon request.

(5) Any authorized representative of the division shall have the right to unimpeded access to examine records and to inspect and conduct tests at all fuel storage and distribution facilities in the commonwealth used for aviation purposes. The division is authorized to issue closure orders and such other orders as it shall determine necessary to ensure public safety in the distribution, storage and delivery of fuel used in aviation.

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