Current through February, 2024
Part I DEFINITIONS
PERSONNEL
1.010
Airman. An individual who engages in air navigation of aircraft and (excepting
an individual employed outside the United States or by a manufacturer of
aircraft, aircraft engines, propellers or appliances to perform duties as
inspector or mechanic in connection therewith, and an individual performing
inspection or mechanical duties in connection with aircraft owned or operated
by him) an individual who is directly in charge of the inspection, maintenance,
overhauling or repair of aircraft engines, propellers or appliances and an
individual who serves in the capacity of aircraft dispatcher or air-traffic
control-tower operator.
1.011
Airman-Pilot. Pilot" is a person holding a valid pilot certificate issued by
the Federal Aviation Administration. [Agency and properly registered with the
Vermont Aeronautics Board.]
1.012
"To Pilot". Means to be in command of the aircraft during take-off, in flight,
or landing.
1.013 Airman-"Pilot in
command". "Pilot in command" shall mean the pilot responsible for the operation
and safety of the aircraft during the time designated as flight time.
1.014 Airman-"Aeronautics Instructor". An
individual engaged in giving instruction, or offering to give instruction in
aeronautics, either in flying or ground subjects, or both, for hire or reward,
without advertising such occupation, without calling his facilities an "air
school" or anything equivalent thereto, and without employing or using other
instructors. But it does not include an instructor in a public school or
university of this state, or an institution of higher learning duly accredited
and approved for carrying on collegiate work, while engaged in his duties as
such an instructor.
1.015
Airman-"Flight Instructor". A pilot who possesses a valid flight instructor's
rating as issued by the Federal Aviation [Agency] Administration.
1.016 Airman-"Ground Instructor". A person
who possesses a valid ground instructor's rating as issued by the Federal
Aviation [Agency] Administration.
1.020 Person. An individual, firm,
partnership, corporation, company, association, joint stock association, or
body politic, including a trustee, receiver, assignee, or other similar
representative thereof.
1.030
Passenger. An occupant of the aircraft in flight other than a crew
member.
1.040 Air Instruction. The
imparting of aeronautical information by an aeronautics instructor or by an air
school or flying club.
1.050 Flying
Club. A person other than an individual, which neither for profit nor reward,
owns, leases, or uses one or more aircraft for the purpose of instruction or
pleasure, or both.
1.060 Board.
Means Vermont [Aeronautics] Transportation Board.
1.070 Secretary. Means the Secretary of the
Vermont Agency of Transportation, its Administrative head.
1.080 Agency. Means the State of Vermont,
Agency of Transportation, its Secretary or its Director of Operations.
AIRPORTS AND LANDING AREAS
1.20 Airport. An airport is an area, of land
or water, except a restricted landing area, which is designated 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
passenger or cargo, and all appurtenant areas used or suitable for airport
buildings or other airport facilities, including all appurtenant rights of
way.
1.21 Commercial airport. An
airport maintained for aeronautical services which are offered for compensation
or hire.
1.22 Airport hazard. A
structure, object of natural growth, or use of land, which obstructs the air
space required for the flight of aircraft in landing or taking off at an
airport or restricted landing area or is otherwise hazardous to such landing or
taking off.
1.23 Airport traffic
zone. A zone designated by the Board to include the air space above that area
on the surface of the earth around an airport. The dimensions of such zone are
to be specified by the Board.
1.24
Personal landing area. A restricted landing area maintained solely for the use
of a specified person, and not to be used for aeronautical services which are
offered for compensation or hire.
1.25 Restricted landing area. An area of land
or water, or both, which is used or is made available for the landing and
take-off of aircraft, the use of which, except in case of emergency, shall be
only as provided from time to time by the Board.
1.26 Air navigation facility. Any facility
other than one owned or controlled by the federal government, used in,
available for use in, or designated for use in, aid or convenience of air
navigation, including airports and restricted landing areas.
1.27 Anchor light. A white light so installed
as to be visible in all directions for at least two miles at night under clear
atmospheric conditions.
OPERATIONS
1.40 Operation of aircraft or operate
aircraft. The use of aircraft for air navigation and includes the navigation or
piloting of aircraft. A person who causes or authorizes the operation of
aircraft, with or without the right of legal control thereof, shall be deemed
to be engaged in the operation of aircraft within the meaning of the statutory
law of this state.
1.41 Air
navigation. The operation of aircraft in the air space over this state, or upon
any airport or restricted landing area within this state.
1.42 Aerobatics or acrobatics. The
performance of any intentional and unnecessary maneuvers involving an abrupt
change in the attitude of an aircraft, an abnormal attitude, or an abnormal
speed.
1.43 Air traffic. Aircraft
operating in the air or on an airport surface exclusive of loading ramps or
parking areas.
1.44 Visibility.
"Flight Visibility"--the average horizontal distance that prominent objects may
be seen from the cockpit.
"Ground Visibility"--the average range of vision in the
vicinity of an airport, as reported by the U.S. Weather Bureau, or, if
unavailable, by an accredited observer.
1.45 Ceiling. The height above the earth's
surface of the lowest layer of clouds or obscuring phenomena that is reported
as "broken", "overcast", or "obstruction", and not classified as "thin" or
"partial".
1.46 Hours of darkness.
Those hours during which conspicuous unlighted objects cannot readily be seen
beyond a distance of one mile, provided that the hours between sunset and
sunrise shall be deemed hours of darkness which require the display of position
lights by aircraft in flight.
1.47
Commercial flight operation. The carrying of persons or goods for hire,
including flight instruction.
1.48
Flight time. Flight time shall mean the total time from the moment the aircraft
first moves under its own power for the purpose of flight until the moment it
comes to rest at the end of the flight.
1.49 F.A.A.. The capital letters FAA mean the
Federal Aviation Administration.
1.50 Letter of authority. Letter of authority
shall mean the abeyance by the Agency Board of an existing rule or regulation,
or portion thereof, and constituting a temporary waiver of same.
1.51 Navigable air space. Air space above the
minimum altitude of flights prescribed by laws of this state or by regulations
of the Board consistent therewith.
1.52 Air school. A person engaged in giving,
or offering to give instruction in aeronautics, either in flying or ground
subjects, or both, for or without hire or reward, and advertising,
representing, or holding himself out as giving or offering to give such
instruction. But it does not include a public school or university of this
state or an institution of higher learning duly accredited and approved for
carrying on collegiate work.
Part
II AIRCRAFT AND PILOT REGISTRATION
2.01 [A pilot residing in this state shall
register annually his federal pilot's certificate with the Vermont Aeronautics
board on forms provided therefor. A fee of $ 1.00 shall accompany each
registration. Such registrations will expire on April 30 next following the
date of issue.]
2.02 [ Regardless of any
change in his federal pilot rating, the pilot shall register only once during
the registration year ending April 30.]
2.03 [ Aircraft owned by residents of this
State and engaged in air navigation within this staet [state], shall be
registered annually with the Vermont Aeronautics Board on forms provided
therefor. A fee of $ 5.00 shall accompany such resitration [registration],
except that after November 1, the fee shall be $ 2.50 for the remainder of the
registration year. The registration year shall end on April 30 next following
the date of issue.]
2.04 [ An
aircraft which is owned by a nonresident of this state, who is lawfully
entitled to operate such aircraft in the state of his residence shall not be
registered with the Board, except that such exemption shall not apply to
aircraft used in commercial operations pertaining to a flight school, or in the
conduct of commercial charter flights within the state.]
2.05 [ A nonresident operating aircraft in
this state shall not be required to register with this Board provided that he
is lawfully entitled to operate aircraft in the state of his residence, except
that such exemption shall not apply to a pilot engaging in commercial
operations pertaining to a flight school or in the conduct of commerical
[commercial] charter flights within this state.]
2.06 [ A person who transfers the ownership
of a registered airplane to another may, upon the filing of a new application
accompanied by the previous registration, and upon payment of a fee of $ 1.00
have registered in his name another airplane for the remainder of the
registration year without payment of any additional registration
fee.]
Part
III AIRPORTS AND RESTRICTED LANDING AREAS
3.01 License. Every airport and restricted
landing area, before operating as such, shall be approved and licensed by the
Board.
3.02 Duration and renewal.
The license issued under this section shall be effective until
revoked.
3.03 Display. The license
issued under this section shall be posted in a prominent place at the
airport.
3.04 Letter of authority.
Upon application from the owner of an airport or the operator of an airport
affected by provisions of Part IV or Part V, a letter of authority granting
temporary or restricted operation may be issued by the Agency pending full
compliance with the provisions of these rules and regulations.
3.05 Inspection. The applicant for any
license shall offer full cooperation in respect to any inspection and
examination which may be made of the applicant upon proper demand at reasonable
hours by any authorized representative of the [Board] Agency prior to or
subsequent to the issuance of a license.
3.06 Separation. All airports and landing
fields shall be so located and spaced one from the other that their flight
pattern and approach areas will not in any way conflict or overlap.
Part IV PROCEDURE FOR APPROVAL OF
AIRPORT
4.01 Application for approval of
airport site. A municipality or person proposing to establish an airport,
restricted landing area, or a sea plane landing area, shall make application to
the [Board] Agency for a certificate of approval of the site selected and the
general purpose of purposes for which the airport, restricted landing area, or
seaplane landing area is to be established. The Agency shall inspect the site
to insure that it [shall] will conform to minimum standards of safety and
[shall] serve the public interest[.] , and recommend action by the
Board.
4.02 Description of site.
Such application for a certificate of approval of the site selected shall be in
writing and substantially describe the property involved and the general
purposes for which it is to be acquired and the manner in which such
acquisition is asserted to serve the public interest. Such application shall
designate the names of all owners or persons known to be interested in lands
adjoining such property and their residences, if known, and shall contain such
further matter as the [Board] Agency by rule or regulation from time to time
shall determine.
4.03 Order for
hearing. Upon filing of such application, and on request from Agency, the Board
shall issue its order giving notice of the time and place of hearing on said
application.
4.04 Notification by
applicant. The applicant shall give notice of such proceedings to all persons
owning or interested in adjoining lands by delivery of a true copy of such
application and order for hearing by certified mail to the last known address
of each of such persons, said notice to be mailed at least twelve days prior to
date of hearing.
4.05 Publication
of notice. Notice of such hearing and a general statement of the purpose
thereof shall be published at least once in a newspaper of common circulation
in the town where the property described in the application is situated at
least two days before the date of such hearing, and a similar notice shall be
posted in a public place at least twelve days before such hearing.
4.06 Hearing. Upon compliance by the
applicant with the foregoing provisions for notice, the Board shall hear the
applicant and all parties interested, including the Agency, on the question of
approval of such site or sites and shall consider and determine whether in the
public interest the application ought to be granted.
4.07 Appeal. Whenever the Board makes an
order granting or denying a certificate of approval of an airport or a
restricted landing area, approval to use or operate an airport, restricted
landing area or other air navigation facility, a person aggrieved thereby may
appeal therefrom as hereinafter provided.
4.08 Criteria for airport site. In
determining whether it shall issue a certificate of approval for the location
of any proposed airport or restricted landing area, the Board shall take into
consideration its proposed location, size and layout, the relationship of the
proposed airport or restricted landing area, to a comprehensive plan for
statewide and nationwide development, existence of suitable areas for expansion
purposes, absence of hazardous obstructions in adjoining areas based on a
proper glide ratio, the nature of the terrain comprising the airport location
and adjoining areas, the nature of the uses to which the proposed airport or
restricted landing area will be put and the possibilities for future
development, and shall determine that such use will serve the public
interest.
4.09 Operational
approval. Prior to the beginning of aeronautic operations on the site approved,
the owner of such site shall apply to the [Board] Agency for operational
approval of the airport.
4.10
Criteria for approval. In granting such operational approval the [Board] Agency
shall take into consideration the length, width and smoothness of landing
strips, longitudinal and transverse grade of such strips, freedom of the usable
area from hazardous soil and surface conditions, absence of hazardous
obstructions in approach zones, establishment of a suitable wind direction
indicator, and other matters pertinent to the character of operations proposed
to be undertaken at the subject airport, and shall determine that the proposed
use of such site will serve the public interest.
4.11 Approach obstructions. The approach and
turning zones within the airport traffic pattern shall be clear of hazards as
defined by prevailing FAA standards for airports of a like size, type, and use,
except that where hazards exist the Board may license the airport for
restricted use under such terms and conditions as they deem advisable,
consistent with safety and in the public interest.
4.12 Expiration of airport approval. If
physical preparation of an approved airport or a seaplane landing area site has
not begun within one year following issuance of approval by the Board of such
site, the rights, privileges, and authority conveyed to the applicant therein
shall be terminated, and any further request for use of such site shall be
deemed by the Board as a new application; provided, that the Board shall notify
the applicant 30 days prior to expiration of the approval.
4.13 Two year limit. At the end of two years
after date of issuance of an airport or seaplane landing area site approved by
the Board, such approval will be deemed as terminated if the airport or
seaplane landing area has not complied with requirements for operations
approval as set forth in Sections 4.09 and 4.10.
4.14 Helicopter landing areas and personal
landing areas. The provisions of subdivision 4.03 - 4.08 shall not apply to
helicopter landing areas or restricted landing areas designated for personal
use[.] unless recommended otherwise by Agency.
4.15 Revocation of airport approval or
license. The Board may revoke, temporarily or permanently, any certificate of
approval issued by it when it shall determine that an airport, restricted
landing area, or other air navigation facility is not being maintained or used
in accordance with the provisions of this chapter and the rules and regulations
lawfully promulgated pursuant thereto[.] or with the conditions stated in such
certificate of approval.
4.16
Federal facilities exempt. The provisions of subdivisions 4.03 through 4.15
inclusive, shall not apply to any airport, restricted landing area or other air
navigation facility owned or operated by an agency of the federal government
within this state.
4.17 Abandonment
of airport. When it is determined by the [Board] Agency that use and
maintenance of an airport or personal landing area has been abandoned, and that
such airport or personal landing area is no longer suitable for safe use,
except in emergency, the [Board] Agency shall notify the owner or owners and if
such condition is not corrected within 30 days it then shall revoke the
license, approval, permit or letter of authority issued [by it] to such
airport.
4.18 Closed field symbol.
When such notice has been issued to an owner, he shall [permit the Board to]
display a suitable "closed field" symbol [when] on the former airport area for
the succeeding period of three months, provided that the use to which the
airport area may be put by the owner does not make its abandonment evident to
air traffic.
4.19 Notification. [to
other airports.] When [such] action under paragraph 4.17 has been taken by the
[Board, it shall notify all other airports of record in this state.] Agency
involving a public use airport the FAA will be notified.
4.20 Reinstatement. An airport which pursuant
to regulation 4.17 has been classified "abandoned" may at any time within two
years of the date of such classification be reinstated as a licensed airport,
provided application is made therefor and evidence is presented to the [Board]
Agency satisfying it that such airport complies with the requisite standards
for airports contained in [the] these regulations [of the Board] applicable to
the type of operation at such airport under its original license.
4.21 Seaplane base site approval. A [license]
certificate for the [operation] location of a seaplane base as a commercial
airport on any body of water in this state will be granted when all the
conditions required of an airport as stated in Part VII (except where changed
or inconsistent with this section) have been complied with and in addition
thereto it is shown that it has met the following requirement
A. Operation. In case the body of water to be
used for landing and take-off is under the jurisdiction of any federal, state,
municipal port or other authority, the flight operations on such body of water
shall be in conformity with the marine traffic rules and regulations of such
authority.
B. Size. The body of
water shall have a landing area of sufficient length and width, and the
approaches thereto shall be sufficiently clear of obstructions to safely
accommodate the landing and take-off characteristics of the type of aircraft to
be used thereon. The license issued under this section may be subject to such
restrictions and limitations as the Board may determine to be required in the
interest of safety and the public interest.
C. Boundary markers. The outline of that part
of the area available for landing and take-off and taxiing, when required in
the interest of safety, shall be marked as prescribed by the [Board] Agency or
as may be required by the marine traffic rules and regulations of the authority
having justification.
4.22 Use. The use of such water by seaplanes
shall in no way impair or deny the right of the public to the use of public
waters.
4.23 Minimum seaplane base
facilities. Every seaplane base shall have, in addition to the facilities
required of a commercial airport as stated, where applicable, the following
minimum service facilities.
A. At least one
life preserver of the ring or throwing type with sufficient line attached shall
be kept available on the ramp or dock.
B. A power propelled boat (may be an outboard
motor) shall be immediately available at all times that flights are in
progress.
C. A dock or float,
suitable for the type of seaplane using the base, shall be so located as to
afford the maximum degree of safety in taxiing approach.
D. Suitable beaching facilities for the type
of aircraft using the base. Where an adequate ramp is maintained, the dock or
float may be omitted.
E. At least
one mooring anchor and buoy, so located that it may be safely approached from
any direction, and of sufficient weight and strength to hold any seaplane using
the base in any anticipated wind condition.
F. An adequate supply of lines for heaving,
towing, securing, or rescuing operations shall be kept available.
Part V COMMERCIAL
AIRPORT STANDARDS
5.01 Commercial airport. A
commercial airport will be granted a license following due process under Part
IV. If the airport is found to meet standards of the then existing FAA
criteria, it shall be so classified.
Runways: Each runway shall be provided, either through
construction or by natural location, with a surface suitable for use by
anticipated type of air traffic; the design criteria shall be in accordance
with standards applicable to airports of the same class.
The number of runways, if more than one, will be determined by
the percentage of winds, including calms, to be covered by the proposed runway
alignment, and also by the type of traffic which the airport is expected to
accommodate.
Approaches: The approach to the runway for each airport shall
be kept cleared of obstructions to a glide angle appropriate to the following:
50 :1 For runways to be used in instrument operation.
40 :1 For runways to be used in scheduled air carrier
operations.
20 :1 For runways or landing areas to be used primarily by
small aircraft.
Facilities: All licensed airports, whether attended or
unattended, shall maintain a wind indicator in good condition and visible from
the ends of each runway. There shall be a minimum of two tie-down anchors, the
location of which shall be clearly indicated.
Further facilities shall be provided at the direction of the
[Board] Agency, according to [needs of] activities at the airport. Regardless
of other requirements, the minimum facilities listed under Part VIII shall be
provided if a licensed Air School is maintained at the airport.
5.02 Change, Suspension,
Revocation. If by reason of alteration or otherwise, [an] a commercial airport
no longer conforms to the classification for which a certificate was last
issued, the [Board] Agency may at its discretion suspend or revoke the
certificate last issued, [or issue] and the owner of the airport shall seek a
new certificate appropriate to the class to which the airport
conforms.
Part VI
PERSONAL LANDING AREA
6.01 Personal landing
area. A personal [or private] landing area may be approved by the Board when
application has been made to-the [Board] Agency prior to any construction or
operation and it is shown that compliance is made with the following
requirements:
A. Hazards. It can [safely]
reasonably be used for the purpose intended and does not impose undue hazards
upon adjoining property or its occupants, or endanger the users or use of
existing surface communication.
B.
Operation. It does not interfere with the safe operation of any public airport
or with the safety of any state or federal airway.
C. Local Government Approval. The landing
area is in conformance with the requirements of the local government in which
situated with respect to land use [zoning] or has the approval of the local
governing body.
6.02
Use. A personal landing area shall not be used by a person having less than 15
hours solo flight time.
6.03
Helicopter Landing Area. Approval of helicopter landing areas will be governed
by 6.01 and 6.02 herein.
6.04 Ultra
Light Aircraft Landing Areas. Approval of landing areas for use by an airman
operating aircraft classified as Ultra lights by the FAA will be governed by
6.01 herein.
Part VII
MAINTENANCE AND OPERATION
7.01 Criteria for
maintenance. After a license or approval for an airport or landing area is
issued as herein provided, it shall be so operated and maintained at all times
as to meet the requirements and regulations for the original issuance of the
particular license, amendments thereto, and applicable rules and regulations
issued by the Agency or Board.
7.02
Boundary markers. The outline of the exterior boundary of the entire area
available and suitable for landing and take-off shall be marked as prescribed
by the [Board] certificate, license or letter issued hereunder.
7.03 Marking of unsafe areas. Any parts of
the landing area of a licensed airport temporarily unsafe for landing or which
are not available for use, shall be clearly marked with yellow flags of
sufficient size to draw attention readily and so placed as to show the boundary
of the dangerous area; and in the case of fields licensed for night flying, the
boundary of such dangerous area shall be clearly marked between sunset and
sunrise with red lanterns.
7.04
Reporting of unsafe conditions. The owner of a licensed airport or landing area
shall immediately report to the [Board] Agency any unsafe or hazardous
conditions.
7.05 Hazards. All
hazards in the approach zone or along the boundary of [an] a licensed airport
shall be painted or marked as required by [the Board] or in accordance with
such FAA standards as may be applicable.
7.06 Vehicular equipment. No vehicular
equipment, such as trucks, mowing machines, graders, rollers, etc., shall be
permitted on the landing area without permission of control tower or airport
operator, and then shall be clearly marked in a prescribed manner to draw
attention readily to the hazard.
7.07 Fencing. Such fencing or barriers shall
be constructed as will prevent all persons not engaged in flight activities
from having access to a position of danger with relation to aircraft on the
field.
7.08 Fire and rescue
equipment. Each commercial airport shall have such fire and rescue equipment as
may be prescribed from time to time by the [Board] FAA.
7.09 Grass and vegetation. Grass and
vegetation on the landing area within the boundary markers shall not be
permitted to attain a height that will be an operating hazard. An average
height of more than eight inches (8") will be considered hazardous.
7.10 Pasturing. Pasturing or grazing of
livestock on licensed airports is prohibited.
7.11 Flight of model aircraft. No model
aircraft shall be flown from, or over, any airport or landing area unless
permission has been secured from the airport manager or his duly authorized
representative. The airport manager shall designate the portion of the field to
be used and shall take all necessary precautions to assure the safety of the
public on the ground and of the aircraft in the air.
Part VIII FLIGHT AND GROUND SCHOOLS AT STATE
OWNED AIRPORTS
8.01 Flight school[.] defined.
Any person engaged in giving or offering to give refresher flight time, check
flight time, instruction or flight time leading to a pilot's certificate, or
engaged in selling or giving solo flight time to persons holding less than a
FAA private pilot's certificate, for or without hire or reward, and
advertising, representing, or holding himself out as giving or offering to give
such instruction, shall be considered to be operating a flight
school.
8.02 [License] Approval.
Every flight school and ground school, before operating as such, shall be
approved [and licensed] by the [Board] Agency. Licenses duly issued by the
Vermont Aeronautics Board or the Commissioner of Aeronautics shall be
considered to hold approval.
8.03
Combined operations. Where ground school instruction is an incidental and
supplementary part of flight school operations provided for the students
enrolled in the flight school, the [license] approval shall so state. [and only
one fee shall be required.]
8.04
Approval Duration and renewal. The [license] approval issued under this section
shall not terminate [on April 30 of the following year.] unless removed for
cause, except that for schools which are not active for or in excess of two (2)
years, approval is withdrawn. Application for renewal shall be made 30 days
before [expiration of the current license.] intended beginning of
operation.
8.05
Non-transferability. The [license] approval shall not be
transferrable.
8.06 Display. The
[license] approval issued under this section shall be posted in a prominent
place in the office of the school.
8.07 Letter of authority. Upon application
from any flight school, ground school or aeronautic instructor, a letter of
authority granting temporary or restricted operation may be issued pending full
compliance with the provisions of these rules and regulations.
8.08 [License] Reserved. [On or before April
30 of each year such flight school shall apply for a flight school license
issued by the Vermont Aeronautics Baord, except as provided for Individual
Flight Instructors under Part IX, Section 9.01. The license fee shall be one
dollar ($ 1.00) for the original license, and one dollar ($ 1.00) for the
renewal of such license annually.]
8.09 Flight school; minimum requirements: To
be eligible for a flight school [license] approval, the applicant shall comply
with the following minimum requirements:
A.
Airports. Flight instruction shall be conducted only from commercial airports
[licensed] holding a certificate of approval by the Board.
B. Flight instructors. Only those persons
holding a currently valid appropriate FAA flight instructor's rating [properly
registered with the Baord,] shall be employed as flight instructors for such
instruction as is necessary to comply with pilot certificate requirements of
the FAA.
C. Aircraft. Each aircraft
used for flight instruction shall possess a currently valid certificate of
registration and airworthiness as issued by the FAA. [and shall possess a
currently valid certificate of registration as issued by the Board.]
D. Hangars and maintenance facilities. The
[applicant] flight school shall have adequate hangar space, and adequate
facilities or arrangements for the maintenance of aircraft[.], conduct of
ground school or institution or other related business or function.
E. Parachutes[.], Required for Acrobatic
Flight. Each flight school shall own or have proven availability of at least
two parachutes and in case more than one aircraft is used, there shall be a
sufficient number of parachutes to insure that they are used by all persons
engaged simultaneously in acrobatic flight, such parachutes to be of a type
approved and maintained in accordance with FAA standards.
F. Records. Records shall be maintained of
all flight instruction given to all enrolled students. Such reports shall
include a daily flight log containing, but not limited to the following:
(1) Aircraft number
(2) Take-off and landing time
(3) Total flight time broken down into dual
and solo
(4) Signature of
student
(5) Name or initials of
instructor (when dual time is given)
(6) Nature of flight
Such records shall be retained for at least one year from last
date of entry and shall be available for inspection by the Board and their
representatives.
G. Rules and regulations. A list shall be
posted of all rules and regulations governing flight at the airport from which
flight instruction is given, including a diagram of the traffic and taxi
pattern.
H. Practice areas. There
shall be prominently posted in the student ready-room a suitable map showing
the location of practice areas in the vicinity of the airport where are
designated by the operator of the flight school as suitable areas for the
practice of required maneuvers. The map shall show a total of such practice
areas to equal the total of aircraft used in the conduct of flight instruction.
In addition to such areas, there shall be one or more areas designated for use
in the practice of spins and acrobatics. The designated spin practice area
shall be at least one mile distant from the airport boundaries, and shall be
located as not to incur hazards to itinerant traffic approaching the
airport.
I. Curriculum. The
[applicant] school shall [show] follow a flight curriculum so organized as to
properly qualify each student completing the course for the grade of pilot
certificate he is seeking.
J.
Supervision. The flight school operator or a qualified person named and
authorized to act for him shall be on duty at the airport at all times when
solo or dual flight instruction is in progress, and shall exercise control over
the dispatching and purpose of all solo or dual instructional flights and make
a record thereof. Instructional solo flights or any school flight operations
are prohibited unless such person is on duty at the field at the time of
take-off, for the duration, and at the termination of such instructional
flight.
8.10 Ground
school. A ground school shall be any person giving or offering to give, with or
without reward, instruction in aeronautical ground subjects, except any public
school or any institution of higher learning.
8.11 Ground school; minimum requirements. To
be eligible for a ground school [license,] approval, [applicant] the operators
shall show compliance with the following minimum requirements:
A. Class room. [Applicant] Operators shall
maintain suitable class-rooms with adequate seating facilities for the maximum
number of students enrolled in each class[;] and such class-rooms to be
properly heated, lighted, ventilated, and have access to proper sanitary
facilities.
B. Records. [Applicant]
Operators shall maintain records of ground school instruction given, the
progress made and grade received by each student. Such records shall include a
daily attendance record containing but not limited to the following:
(1) Date of instruction given
(2) Time instruction given (such as 7:00 -
9:00 P.M.)
(3) Subjects
given
(4) Name of
instructor
(5) Signature of
students
Such records shall be retained for at least one year from last
date of entry and shall be available for inspection.
C. Operation. Classes shall be
conducted at the time and place represented in the prospectus of the curriculum
and the full number of hours of instruction in each subject shall be given
under fully qualified instructors.
Part IX INDIVIDUAL FLIGHT AND GROUND
INSTRUCTORS AT STATE OWNED AIRPORTS
9.01
Individual flight instructors. Any individual possessing a valid appropriate
flight instructor's rating as issued by the Federal Aviation Agency and
possessing a pilot's registration certificate as issued by the Board, who does
not advertise or call his operation an "air school" or anything equivalent
thereto, and does not employ or use other flight instructors, may act in the
capacity of an aeronautics flight instructor as hereafter provided:
A. When employed as an aeronautics flight
instructor by a licensed flight school.
B. When employed to give or giving flight
instruction to an individual owner of an aircraft [or to some other person with
the consent of such aircraft owner], using such aircraft for such instruction.
C. [ When such instructor has been
registered annually with the Vermont Aeronautics Board on or before April 30 of
each year. The fee for such registration shall be one dollar ($ 1.00) for the
original registration and one dollar renewal thereof.]
9.02 Individual ground instructors. Any
person employed to give or giving aeronautical ground instruction shall possess
a currently valid ground or flight instructor's rating as issued by the FAA.
10.01 "Air Exhibition" or "Air
Show" means a series of maneuvers in which the aircraft is diverted from normal
flight, and which "Air Exhibition" or "Air Show" is advertised directly or
indirectly to the public.
10.02 The
manager of an air exhibition shall apply to the [Vermont Aeronautics Board]
Agency for a suitable waiver under the provisions of sections 181, 183, and 184
of Title 5, V.S.A. at least seven days prior to the advertised date of the
exhibition. Such application shall include copy of a request for such
exhibition from the manager of the airport at which the proposed exhibition is
to be given. When such exhibition is to be conducted by the operator of the
airport, it shall be so stated in the request for waiver.
10.03 The application shall include a list of
the events comprising the exhibition program, together with information
concerning the time and duration of the program, and the admission fee, if
any.
10.04 When a waiver is
granted, the [Board] Agency shall [post a notice of such exhibition at all
airports in Vermont and selected airports on the border of adjacent states,
stating the hour of exhibition and establishing a "caution area" for a radius
of five miles around the subject airport in the case of light aircraft, and
fifteen miles in the case of military aircraft.] provide a copy to the
appropriate FAA facility.
10.05
During the exhibition, the field shall be officially closed by the manager of
the airport, and such action shall be indicated by placing an "X" at the center
of the field, such "X" to be of specified dimension in width, or stroke, and of
orange or yellow color. The airport shall be opened at periods of 30 minutes
during the program provided itinerant traffic is observed at that time. In the
event of an indicated emergency landing of itinerant traffic, the "X" shall be
removed and acrobatics cease immediately until the "X" is displayed.
Part XI SPRAYING AND DUSTING
11.01 Prior to any flight operation intended
for the purpose of spraying and dusting through use of aircraft, the owner of
such aircraft shall apply to this [Board] Agency for authority to conduct a
flight or flights for this purpose.
11.02 Application shall be made on forms
provided by [this Board.] the Agency. Such application forms shall be completed
and received by [this Board] the Agency at least ten (10) days prior to the
start of the operations referred to in the application.
11.03 Permission to conduct aerial spraying
and dusting in this state issued under provisions of this Part shall expire
December 31 of the year issued and must be renewed annually.
11.04 Prior to engaging in aerial application
under the provisions of a permission issued under this Part, such holder of the
permission must hold a currently effective pesticide operator or pesticide
applicator's license issued by the Vermont Department of Agriculture for the
class of aerial applications undertaken.
Part XII STATE FUNDS FOR MAINTENANCE, REPAIR
AND IMPROVEMENT OF PRIVATE AND MUNICIPAL AIRPORTS
DEFINITIONS
12.01
Private airport. An airport owned by a person, corporation, or partnership,
which is open to the public, and which has been [licensed] granted a
certificate by the Board [as meeting] for a commercial airport
[standards].
12.02 Municipal
airport. An airport owned by a municipality, which is open to the public, and
which has been [licensed] granted a certificate by the Board [as meeting] for a
commercial airport. [standards.]
12.03 Maintenance. Including, but not limited
to, mowing, snow removal, painting of buildings included in the title of
airport ownership; seeding; fertilizing; brush control or removal; resealing;
resurfacing.
12.04 Repair Repair of
runway surfaces as necessitated by wear, erosion, washout, or equivalent
actions; of buildings included in the title of airport ownership; of runway
markers, wind cone; lighting or lighting circuits.
12.05 Improvement. The improvement or
extension of runways, taxi strips, parking area passenger facilities; the
improvement of safety or service to air traffic by installation or operation of
radio or other air navigation aids; placement of signs, markers, or directional
signs as an aid or safety measure.
PROCEDURE
12.06 Application. The owner of a private or
municipal airport desiring to receive financial assistance towards maintenance,
repair, or improvement of such airport shall make application to the [Board]
Agency on forms provided by it.
12.07 Continuance of airport facilities. The
airport owner shall give such assurances as may be required by the [Board]
Agency as to the period of time when the airport will continue to be open for
public use following completion of work performed under provisions of this
section.
12.08 Criteria. Other
sections of Part XII notwithstanding, the [Board] Agency shall grant funds for
performance of work under this section only when it has determined that such
maintenance, repair, or improvement will be in the public interest.
Part XIII AIRPORT OPERATORS,
VERMONT STATE OWNED AIRPORTS
13.01 Business
Activities. Subject to applicable orders, certificates or permits of the [VAC]
CAB, or the FAA, or their successors, no person shall use the airport, or any
portion thereof, or any of its improvements or facilities for revenue producing
commercial, business, or aeronautical activities who has not first complied
with these rules and regulations and obtained the consent of all appropriate
permits and licenses for such activities from the [Board] Agency and entered in
to such written leases and other agreements prescribed by the [Board] Agency,
or agreed upon by the [Board] Agency and such person.
13.02 Application. Applications for leases of
ground on the airport, or for permission to carry on any commercial, business
or aeronautical activity on the airport, with the necessary permits and
licenses, shall be made to the [Vermont Aeronautics Board (VAB).] Agency. The
applicant shall submit all information and material necessary, or requested by
the [Board] Agency, to establish to the satisfaction of the [Board] Agency that
the applicant can qualify and will comply with these rules and regulations. If
a company, the application shall be signed and submitted by the chief executive
thereof; if a partnership, the application shall be signed and submitted by all
partners.
13.03 Action of
Application. The [Board] Agency may deny any application if, in its opinion, it
finds any one or more of the following:
13.031 The applicant for any reason does not
meet the qualifications, standards and requirements established by these rules
and regulations; or
032 The
applicant's proposed operations or construction will create a safety hazard on
the airport; or
033 The granting of
the application will require the [VAB] Agency to spend funds, or to supply
labor or materials in connection with the proposed operations to an extend
which or at a time when the [Board] Agency is unwilling to enter into such
arrangements; or the operations will result in a financial loss to [VAB]
Agency; or
034 There is no
appropriate, adequate or available space or building on the airport to
accommodate the entire activity of the applicant at the time of the
application; or
035 The proposed
operation or airport development [on] or construction does not comply with the
master plan of the airport; or
036
The development or use of the area requested by the applicant will result in
depriving existing fixed base operators of portions of the area in which they
are operating; or will result in a congestion of aircraft or buildings; or will
result in unduly interfering with the operations of any present fixed base
operator on the airport through problems in connection with aircraft traffic or
service or preventing free access to the fixed base operators area;
or
037 There is insufficient volume
of business on the airport to support the proposed operation or business
activity; or
038 Any party
applying, or interested in the business has supplied the [Board] Agency with
any false information or has misrepresented any material fact in his
application or in supporting documents; or has failed to make full disclosure
on his application or in supporting documents; or
039 Any party applying, or interested in the
business has a record of violating the Vermont Statutes or these rules and
regulations, or the rules and regulations of any other airport, or the Civil
Air Regulations, the Federal Aviation Regulations or any other rules and
regulations applicable to State Airports; or
0310 Any party applying, or interested in the
business has defaulted in the performance of any lease or other agreement with
the State of Vermont; or
0311 Any
party applying, or interested in the business has a credit report which
contains derogatory information and does not appear to be a person of
satisfactory business responsibility and reputation; or
0312 The applicant does not appear to have,
or have access to, the finances necessary to conduct the proposed operation for
a minimum period of twelve months; or
0313 Any party applying, or interested in the
business has been convicted of any crime or violation of any nature that it
indicates to the Agency that the applicant would not be a desirable operator on
a State Airport; or
0314 The
protection of the health, welfare, safety or morals of the inhabitants of the
area required such denial.
0315 The
applicant intends to conduct business operations on the airport under a
business name the same as or deceptively similar to the business name of any
other fixed base operator previously established on the airport.
0316 Nothing contained herein shall be
construed to prohibit the [Board] Agency from granting or denying, for any
reason it deems sufficient, an application to do business on the airport for
the purpose of manufacturing, selling, furnishing or establishing non-aviation
products and supplies or any service or business of a non-aeronautical nature,
or the application by a person for an area on the airport for the personal
non-profit use of such person.
13.04 Supporting Documents. If requested by
the [Board] Agency, the applicant shall submit the following supporting
documents to the [Board] Agency, together with such other documents and
information as may be requested by the [Board] Agency;
13.041 A current financial statement prepared
or certified by a Certified Public Accountant.
042 A written listing of the assets owned or
being purchased which will be used in the business on the airport.
043 A current credit report covering all
areas in which the applicant has done business during the past five
years.
044 A written authorization
for the F.A.A. and the C.A.B., and all aviation or aeronautic commissions,
administrators, or departments of all states in which the applicant has engaged
in aviation business to supply the [VAB] Agency with the information in their
files relating to the applicant of his operation. The applicant shall execute
such forms, releases and discharges as may be requested by any of these
agencies.
13.05 Fixed Base
Operators. No person shall use the airport as a fixed base operator until such
person has applied for and received from the [Board] Agency a fixed base
operator's [license] lease and has met the qualifications, standards, and
requirements, of these rules and regulations.
13.051 A fixed base operator shall be a
person who carries on one or more of the following classifications or service
listed as a division (A, B, etc.).
A.
Aircraft sales.
B. Parts and
accessories sales.
C. Charter
operations:
1.) passenger and "air taxi";
2.) scheduled air taxi:
3.) freight or delivery;
4.) photography;
5.) aerial survey;
6.) agricultural spraying, etc.;
7.) other (specified).
D. Aircraft rental.
E. Flight instruction or ground
schools.
F. Maintenance services
which shall include services in one or more of the following:
(1) Airframe overhaul and repair;
(2) Engine overhaul and repair;
(3) Radio and electrical shop;
(4) Instrument shop;
(5) Aircraft interior work;
(6) Refinishing and painting.
G. Line services which shall
include one or more of the following services:
(1) Supplying the fuel, oil and other
fluids;
(2) De-icing
fluid;
(3) Interior
cleaning;
(4) In-flight food
service.
H. Aircraft
storage, inside and/or outside.
I.
Airline services, which shall include one or more of the following:
(1) Fueling of airlines;
(2) Exterior cleaning of airline
equipment;
(3) Interior cleaning of
airline equipment;
(4) Turbine
starting;
(5) Other special
contractual services.
Part XIV STATE OF VERMONT
GENERAL PROVISIONS
VERMONT STATE-OWNED AIRPORTS
14.01 Definitions. As used in these Rules and
Regulations, unless the text otherwise requires:
14.011 "Airport" means a Vermont State-Owned
Airport and all of the area, buildings, facilities and improvements within the
exterior boundaries of such airport as it now exists or as it may hereafter by
extended or enlarged.
012 "Airport
Manager" or "Manager" means the resident Manager appointed by the [Vermont
Aeronautics Board (VAB)] Agency.
013 "Manager of State Airports" means the
person filling such position on the Staff of the [Vermont Aeronautics Board
(VAB)] Agency.
014 "Board" means
the Vermont [Aeronautics] Transportation Board [(VAB)] (VTB).
015 "C.A.B." means the Civil Aeronautics
Board.
016 "F.A.A." means the
Federal Aviation Administration.
017 "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.
14.02
Airport Manager. The Airport Manager shall be whoever is appointed by [VAB]
Agency as the resident Airport Manager. The Manager shall at all times take
such action as may be necessary for the handling, policing, protection and
safeguarding the public while present at the airport and to regulate vehicular
traffic on the airport. The Manager may suspend or restrict any or all
operations without regard to weather conditions whenever such action is deemed
necessary in the interests of safety, subject to the review of such action by
the [VAB] Agency.
14.03 Rules and
Regulations. All aeronautical activities at the airport, all operation and
flying of aircraft at the airport and all business and other activities on the
airport shall be conducted in conformity with these rules and regulations, and
all amendments, supplements, changes and additions hereto which may hereafter
be adopted [by the VAB], and further in conformity with all pertinent rules,
regulations, orders and rulings of the CAB and the FAA which are made a part of
these rules by this reference; provided, however, nothing herein contained
shall affect or impair any existing agreements. In the event of any conflict
between these rules and regulations and any law, rule, regulation or order of
the CAB, the FAA or other Federal governmental agency exercising the same or
similar jurisdiction, the latter shall prevail.
14.04 Special Events. Special events such as
air shows, air races, fly-ins, sky diving and all events requiring the general
use of the airport or any space or facility on the airport, other than normal
or routine airport traffic, shall be held only with the prior approval of the
resident Manager and the [Manager of State Airports] Agency and on such dates,
and in such areas, and upon such terms and conditions as shall be specified by
them.
14.05 Public Use. The airport
shall be open for public use during daylight hours, and at night by
pre-arrangement with the resident Manager, subject to regulation or restriction
due to weather, the conditions of the landing area, the presentation of special
events and like causes, as may be determined by the resident Manager and
revocation of the right to use for violation of these rules and regulations as
herein provided.
14.06 Common-Use
Areas. All runways for landing and take-off; all runway, marker, guidance
lights used to guide operating aircraft; all apparatus or equipment for
disseminating weather and wind information, or for radio or other electrical
communication, and any other structure, equipment or mechanism having a similar
purpose for guiding or controlling flight in the air or the landing and
take-off of aircraft; and together with such aprons, ramps, turn-offs, tie-down
areas, taxiways and other areas of the airport as the [VAB] Agency shall
specify or designate as common-use areas shall be considered common-use areas
available for use, in common, by all persons flying or operating aircraft on
the airport and shall be kept clear and available for aircraft traffic. No
fixed base operator or other person shall use any common-use area for the
parking or storing of aircraft, the repair, servicing or gassing of aircraft or
for any other purpose other than the flying and operation of aircraft without
the prior consent or authorization of the [VAB] Agency. Common-use areas are
subject to change.
14.07 Vehicular
Traffic. Except for fire fighting equipment, ambulances and emergency vehicles,
no person shall park or drive any vehicle on the airport, other than on
established roads and automobile parking facilities unless permission has been
first obtained from the resident Manager. Use of State vehicular parking areas
shall be only in relation to aeronautical activities at the airport;
application shall be made to [VAB] the Manager for use of a parking space in
such areas for more than forty-eight (48) consecutive hours. To minimize
unnecessary vehicular traffic, only airplanes shall be stored in hangars unless
the [Manager of State Airports] Agency grants prior approval for other
uses.
14.08 Advertising. No signs
or other advertising shall be placed or constructed upon the airport, or any
building or structure or improvement thereon without the prior approval of
[VAB] Agency. No signs or advertising shall be permitted if in the [VAB's]
Agency's opinion it is undesirable, unnecessary or in any way creates a safety
hazard.
14.09 Acceptance of Rules
by Use. The use of the airport or any of its facilities in any manner shall
constitute an assumption by the user of these rules and regulations and shall
create an obligation on the part of the user to abide by and obey these rules
and regulations. Flight instructors shall have the duty to fully acquaint their
students with these rules and shall be responsible for the conduct of students
under their direction.
14.10
Operators to Keep Rules Available. All persons licensed to do business on or
conducting operations of any kind on the airport shall keep a current copy of
these rules and regulations in its office or place of business and make it
available to all persons.
14.11
Qualification of Airmen. No airman shall utilize the airport unless in
possession of a valid license issued by the FAA, except that operation of
ultra-light aircraft as defined in FAR Part 103 shall be permitted if under the
direction of a flight instructor for such aircraft or the airman has
sucessfully completed a course of instruction by a flight school or
instructor.
Part XV STATE
OF VERMONT
PARACHUTE JUMPING
15.01 This part of the Regulations shall be
applicable to all parachute jumping in the State of Vermont except parachute
jumps necessary to the personal safety of the passengers and crew of an
aircraft in flight.
15.02 Prior to
making any intentional parachute jumps, a request for approval shall be made in
writing to [this Board] the Agency. Such written request for approval shall be
filed at least ten (10) days prior to date of jumping and contain the following
information:
(1) Name and address of the
participating parachutist.
(2)
Number of parachute jumps appropriately logged by parachutist.
(3) Class of parachute license held by
parachutist, if any.
(4) Location
of drop zone.
(5) Date, time, and
duration jumps are to take place.
(6) Maximum altitude parachutist will exit
plane.
(7) Make, [moden] model and
"N" number of jump aircraft.
(8)
Name and pilot qualification of jump aircraft pilot.
15.03 Prior to the issuance of a permit for
any parachute jump, the [Board] Agency shall take into consideration the size
and location of drop zone with respect to the surrounding area, presence of
buildings or other obstructions, experience of the participating jumper(s) and
justification for the request to jump.
15.04 A statement of concurrence from the
owner or lessee of property on which the drop zone is established must be
submitted in those instances where the parachutist is not the owner or lessee
thereof.
15.05 In the [Board's]
Agency's approval of all parachute jumps, adherence to the Basic Safety
Regulations of the United States Parachute Association will be made a condition
of its approval. Parachutists participating in exhibition jumps must hold a
USPA "C" license or higher.
[VERMONT AERONAUTICS BOARD] |
[/s/ Peter Val Preda, Chairman] |
[/s/ Floyd E. Handy, Member] |
[/s/ Gerald R. Martel, Member] |
Part
XVI RULES OF PRACTICE FOR TRANSPORTATION BOARD PROCEEDINGS
16.01 Transportation Board, Description of
Organization
16.011 The Vermont
[Aeronautics] Transportation Board, composed of [three] seven members appointed
by the Governor with the advice and consent of the Senate,
(a) Exercises [general] quasi-judicial
supervision over aeronautics within this state.
(b) Requires:
1. [ Registration of the federal licenses of:
airmen, aircraft, aeronautics instructors]
[2.] Approval of: a proposed public airport;
a proposed personal landing stipr; a proposed restricted landing area; a
proposed helicopter landing site
3. [ Approval of: an exhibition parachute
jump; aerial application; helicopter landing site.]
(c) [ Represents the state in aeronautical
matters before federal and state agencies.]
(d) [ Exercises operational control of
aeronautic action in emergencies, including Civil Defense.]
(e) [ Manages and develops airports owned by
the state.]
[f]
(c) Is
responsible for continuing development of the system of airports within the
state.
(g) [ Approves all applications within
the state for federal airport funds.]
(h) [ Investigates accidents to aircraft.]
(i) [Assists in enforcement of
aeronautic laws and regulations.]
16.012 The Board meets at the call of its
Chairman.
16.013 Persons desiring
to appear before the Board shall file a written request to the [Commissioner]
Executive Secretary who will advise five (5) days in advance as to place, time,
and date[.] of meeting.
16.014
Communications to the Board shall be addressed to the [Commissioner] Executive
Secretary.
16.015 State Airports:
(1) Airports owned by the State of Vermont
shall be designated as ".... (name of municipality where located, or, name of
county where located or name of a person), State Airport", followed by any
local designation approved by the Board. Such designation shall be in
parenthesis ( ).
(2) Municipalities
or private owners desiring to convey title of an airport to the state shall
make written application to the [Board] Secretary prior to July'l of an
even-numbered year (1970, 1972, etc.).
(3) The [Board] Agency after due
consideration may accept or reject such application and shall notify the
applicant of its action within sixty (60) days.
16.02 Definitions. The definitions set forth
in
3 V.S.A. Sec.
801 are hereby adopted and made applicable to
these Rules.
16.03 Formal and
Informal Proceedings. The following types of proceedings will be treated as
formal proceedings:
(a) Proceedings wherein
the determination by the Vermont [Aeronautics] Transportation Board is required
to be made after an opportunity for hearing.
(b) Rule-making proceedings initiated by the
Vermont [Aeronautics] Transportation Board under 16.08 (c) hereof.
All other petitions, applications, submissions, requests,
charges, etc. will be treated as informal proceedings.
16.04 Appearances in Formal
Proceedings.
(a) A party to a formal
proceeding before the Vermont [Aeronautics] Transportation Board may appear for
himself or he may be represented by an attorney admitted to practice in the
State of Vermont.
(b) Upon the
filing of a petition, charge or other pleading initiating a formal proceeding
before the Vermont [Aeronautics] Transportation Board, the name of the attorney
or person who has signed such pleading will be entered on the docket of the
[Vermont Aeronautics] Board. Except for appearances entered during a hearing,
all other appearances in formal proceedings by attorneys or persons appearing
for themselves shall be by notice in writing filed with the [Commissioner]
Executive Secretary of the [Vermont Aeronautics] Board and served pursuant to
16.04 herein.
(c) All notices given
to or by an attorney of record for a party in a formal proceeding shall be
considered in all respects as notice to or from the party represented by such
attorney.
(d) When an attorney has
entered his appearance for a party in a formal proceeding, he shall remain
counsel for such party until he has been granted leave to withdraw by order of
the [Vermont Aeronautics] Board.
(e) An attorney not residing or not admitted
to practice in the State of Vermont may appear for a party if he is associated
with a resident and admitted attorney who has entered his appearance for the
same party.
16.05 Filing
and Service of Documents in Formal Proceedings
(a) The petition, charge or other pleading
initiating a formal proceeding before the [Vermont Aeronautics] Board shall be
signed by the petitioner or complainant or an officer thereof and shall be
filed with the [Commissioner] Executive Secretary in duplicate. Such pleadings
shall be drawn so as to fully and completely advise the [Vermont Aeronautics]
Board and respondents, if any, as to the order or rule sought and the statutory
authority and reasons therefor.
(b)
All formal pleadings addressed to the [Vermont Aeronautics] Board and other
documents and papers filed in formal proceedings shall be on the appropriate
form supplied by the [Vermont Aeronautics] Board or shall be on paper measuring
eight and one-half by eleven inches. Filing with the [Vermont Aeronautics]
Board shall be deemed to occur when a document or paper is received by the
[Commissioner] Executive Secretary of the [Vermont Aeronautics] Board except
that filing shall be deemed to occur upon receipt by the [Vermont Aeronautics]
Board when a document is submitted to the [Vermont Aeronautics] Board during a
hearing.
(c) Service of the initial
pleading upon each other party entitled to be served a copy will be completed
by the [Commissioner] Executive Secretary except in cases where a different
manner of service is required by statute.
(d) The answer of a respondent to an initial
pleading, if an answer is permitted or required by law, shall be filed with the
[Vermont Aeronautics] Board at least seven (7) days prior to the date set for
the hearing of the case.
(e) A
petition for leave to intervene as a party must set forth the grounds of the
proposed intervention, the position and interest of the petitioner in the
proceeding, and whether petitioner's position is in support of or opposition to
the order sought.
(f) Every
document or paper filed by any party subsequent to the initial pleading in a
formal proceeding shall be served upon the attorneys of record for all other
parties and upon all persons who have prepared for themselves. Service upon an
attorney or upon a party shall be made by delivering a copy to him or by
mailing it to him at his last known address. Delivery of a copy means handing
it to the attorney or to the party, or leaving it at his office with the person
in charge thereof or, if the office is closed or the person to be served has no
office, leaving it at his dwelling house or usual place of abode with some
person of suitable age and discretion then residing therein. Service by mail
shall mean first-class mail, in a sealed and properly stamped envelope.
Service by mail is deemed complete upon posting the mail in a
proper United States post-office receptable. The document or paper shall
contain an attorney's certificate, or an affidavit of a party, stating upon
whom, and the means by which, the document has been served.
(g) In its discretion the [Vermont
Aeronautics] Board may treat any written communication to it concerning a
matter within its jurisdiction as a pleading initiating a formal
proceeding.
(h) Briefs and proposed
findings of fact and conclusions of law, if any, shall be filed within thirty
(30) days after hearing or, in the event that hearing has been waived under
16.06 (a), within thirty (30) days after the date originally set for the
hearing.
16.06 Hearings
(a) An oral hearing shall be held in every
formal proceeding except that hearing may be waived in the discretion of the
[Vermont Aeronautics] Board when:
(1) in a
formal rule-making or declaratory ruling proceeding, if no request to be heard
is made at least five (5) days prior to the hearing date in accordance with
3 V.S.A. Sec.
803(a);
(2) and the petitioner, if any, waives
hearing; and
(3) in any other
formal proceeding if all the parties to the proceeding file written waivers of
opportunity for hearing.
(b) Upon the filing of a pleading initiating
a formal proceeding, or upon the initiation of such a proceeding by the
[Vermont Aeronautics] Board on its own motion, the [Vermont Aeronautics] Board
shall by order or otherwise assign a time and place for the hearing thereof and
the [Commissioner] Executive Secretary shall cause written notice of the
hearing in the form as provided by
3 V.S.A. Sec.
809(b) and Sec. 803(a) (1)
to be served upon each party and, if required by statute, shall arrange for
publication thereof. At the discretion of the Board, the matter may be heard by
the Board or by a designated Hearing Examiner in which case the procedure
specified in Title 3, Chapter 25, V.S.A., shall be followed, and references to
before Board in this Part shall be construed to mean before the Hearing
Examiner.
(c) Every party, Agency
personnel, and counsel representing the [Vermont Aeronautics] Board if any,
shall have the right to participate fully in any hearing before the [Vermont
Aeronautics] Board and, in the case of rule-making all interested persons shall
also be permitted to participate in accordance with the terms of the notice of
the proceeding.
(d) The
admissibility of evidence in all formal proceedings before the [Vermont
Aeronautics] Board will be determined under the criteria specified in
3 V.S.A. Sec.
810(1)-(4) which are
attached hereto [as] at Appendix A.
(e) The testimony of a hearing witness on
direct examination may be offered in written form by consent of all parties,
either by having it read into the record or by offering it for incorporation in
the record without reading, provided that a copy of such testimony shall be
supplied to the [Vermont Aeronautics] Board, each attorney of record and each
party appearing for himself at a reasonable time in advance of the hearing at
which testimony will be offered. Such testimony shall be subject to the same
rules of admissibility and cross-examination as extemporaneous
testimony.
(f) Formal hearings will
be transcribed. The request of any party for a copy shall be made at least one
day prior to the hearing and upon payment by the requesting party of the
reasonable costs thereof.
16.07 Petitions for Rule-making and
Declaratory Rulings
(a) Petitions for the
adoption, amendment, or repeal of any rule will be entertained by the [Vermont
Aeronautics] Board. Such petitions shall be filed with the [Commissioner]
Executive Secretary pursuant to 16.05 hereof. Such petitions will be considered
and disposed of pursuant to the procedure specified in
3 V.S.A. Secs. 803 and
806
and 16.08(c) hereof.
(b) Petitions
for declaratory rulings as to the applicability of any statutory provision or
of any rule or order of the [Vermont Aeronautics] Board will be entertained by
the [Vermont Aeronautics] Board. Such petitions shall be filed with the [clerk]
Executive Secretary pursuant to 16.05 hereof. Such petitions will be considered
and disposed of promptly in accordance with 16.06 hereof.
16.08 Special Procedures for Certain Informal
Proceedings
(a) Applications for licenses
(certificates, etc.) or renewals thereof shall be submitted on official
application forms and will be considered and disposed of upon the basis of the
application, exhibits filed therewith and such other credible information as
may be available to the [Vermont Aeronautics] Board. Applicants and other
persons may at any time furnish to the [Vermont Aeronautics] Board such other
information and exhibits as they deem relevant to the [Vermont Aeronautics]
Board's consideration of an application.
(b) Any formal proceeding for revocation,
suspension, annulment or withdrawal of a license (certificate, etc.) shall be
preceded by notice to the licensee of facts or conduct which warrant the
intended action, and when appropriate the licensee shall be given an
opportunity informally to show compliance with all lawful requirements for the
retention of the license prior to initiation of such formal proceeding under
16.06 (b) hereof.
(c) Petitions for
rule-making filed under 16.07 (a) hereof will be considered informally and the
[Vermont Aeronautics] Board shall within thirty (30) days after the filing of
such a petition either deny the petition in writing (stating its reasons for
the denial) or shall initiate formal rule-making proceedings in accordance with
3 V.S.A. Sec. 803 and
16.06(b) hereof.
16.09
Forms The [Vermont Aeronautics] Board has certain [approved] forms and
instructions which are available upon request and must be used where
applicable. These include the following:
[Application for Airman's Registration]
[Application for Aircraft Registration]
[Application for Aeronautics Instructor]
[Application for Air School Registration]
Application for a certificate of approval for proposed airport
site
Application for approval of personal landing strip for
restricted use
Request for approval to conduct aerial spraying or
dusting
[CAB For, 453 -] Pilot/Operator Aircraft Accident Report
Airport Claim for State Aid
16.10 Enlargement of Rules The [Vermont
Aeronautics] Board may take a proceeding partially or entirely out of these
rules when the law so permits and, in its opinion, the interest of the public
so requires.
Appendix A Rules of Evidence, Official Notice
(1) Irrelevant, immaterial, or unduly
repetitious evidence shall be excluded. The rules of evidence as applied in
civil cases in the [county] district courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under
those rules, evidence not admissible thereunder may be admitted (except where
precluded by statute) if it is of a type commonly relied upon by reasonably
prudent men in the conduct of their affairs. Agencies shall give effect to the
rules of privilege recognized by law. Objections to evidentiary offers may be
made and shall be noted in the record. Subject to these requirements, when a
hearing will be expedited and the interests of the parties will not be
prejudiced substantially, any part of the evidence may be received in written
form;
(2) Documentary evidence may
be received in the form of copies or excerpts, if the original is not readily
available. Upon request, parties shall be given an opportunity to compare the
copy with the original;
(3) A party
may conduct cross-examinations required for a full and true disclosure of the
facts;
(4) Notice may be taken of
judicially cognizable facts. In addition, notice may be taken of generally
recognized technical or scientific facts within the Agency's specialized
knowledge. Parties shall be notified either before or during the hearing, or by
reference in preliminary reports or otherwise, of the material noticed,
including any staff memoranda or data, and they shall be afforded an
opportunity to contest the material so noticed. The Agency's experience,
technical competence, and specialized knowledge may be utilized in the
evaluation of the evidence.
POINTS TO BE COVERED DURING AIRPORT HEARING
1. Length, width, direction of landing area.
Location.
2. Type of air traffic
anticipated.
3. Airport is adequate
for this type of traffic (jets?).
4. Location would permit expansion if
desired.
5. Location would permit
construction of a hangar.
6.
Conformance to F.A.A. standards not required (no federal funds used).
7. Development done entirely with private
funds.
8. Approaches are adequate
to type of use which is contemplated.
9. F.A.A. Airspace Approval [Oct. 26, 1967]
received.
10. Instrument approach
(not) feasible.
11. Distance and
location of school.
12. Comparison
of terminal buildings and schools at other airports.
13. Relationship (distance) of airport from
other public airports.
[a. Windham Co.]
14.
Existence of nationwide plan for airports.
(None except at locations where fed. funds could be
used)
15. Existence of
state plan for airports.Reg. Airp. Plan; supplemented by private airports)
16. Terrain at airport site and
surrounding area [is] suitable for airport development.
17. Airport would provide emergency landing
strip in a mountainous area.
18.
Public interest will be served by ....
19. No authority exists for condemnation of
property for development of a privately owned airport.