-
Subchapter 001: AERONAUTICS; AUTHORITY AND DUTIES; PENALTIES
§ 201. Short title
This chapter may be cited as the “State Aeronautics Act.” (Added 1985, No. 222 (Adj. Sess.), § 2.)
§ 202. Definitions
As used in this part of this title, unless the context otherwise requires:
(1) “Aeronautics” means the science, art, and practice of flight, including transportation
by aircraft and matters relating to air commerce; the operation, construction, repair,
or maintenance of aircraft, aircraft power plants, and aircraft accessories, including
the repair, packing, and maintenance of parachutes; the design, establishment, construction,
extension, operation, improvement, repair, or maintenance of airports, restricted
landing areas, or other air navigation facilities; and air instruction.
(2) “Aeronautics instructor” means 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 his or her occupation; without calling his
or her facilities an “air school” or anything equivalent; 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 accredited and approved
for carrying on collegiate work, while engaged in his or her duties as instructor.
(3) “Aircraft common carrier” means any person that holds itself out to the general public,
whether directly or indirectly or by a lease or any other arrangement, to engage in
scheduled air commerce over regular route or routes.
(4) “Carrier by aircraft” means any person who undertakes, whether directly or indirectly
or by lease or any other arrangement, to engage in intrastate air transportation which
at any time or in any manner is not subject to the rules of the U.S. Department of
Transportation or other federal agency having jurisdiction.
(5) “Air commerce” means the transportation by aircraft of persons or property or any
class or classes, including express for compensation or hire, or flights that are
certified wholly within the State of Vermont and that are made in serving as a local
feeder route or are made by a carrier that does not operate a connecting air route
to or from a point outside the State, or to provide excursion or sight-seeing trips.
(6) “Aircraft” means a contrivance used or designed for navigation of or flight in the
air and specifically includes ultralight aircraft.
(7) “Air instruction” means the imparting of aeronautical information by an aeronautics
instructor or by an air school or flying club.
(8)(A) “Airman” means an individual:
(i) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when
underway;
(ii) who is directly in charge of the inspection, maintenance, overhauling, or repair of
aircraft engines, propellers, or appliances; or
(iii) who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator.
(B) “Airman” does not include an individual:
(i) employed outside the United States;
(ii) employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances
to perform duties as inspector or mechanic in connection with aircraft, aircraft engines,
propellers, or appliances; or
(iii) performing inspection or mechanical duties in connection with aircraft owned or operated
by the individual.
(9) “Air navigation” means the operation of aircraft in the air space over this State,
or upon any airport or restricted landing area within this State.
(10) “Air navigation facility” means any facility other than one owned or controlled by
the federal government, used in, available for use in, or designed for use in, aid
or convenience of air navigation, including airports and restricted landing areas.
(11) “Airport” means any area of land or water set aside by the Agency, any political subdivision,
or person, except a restricted landing area, that is designed for the landing and
take-off of aircraft, and used or to be used in the interest of the general public
whether or not facilities are provided for the shelter, servicing, or repair of aircraft,
or for receiving or discharging passengers or cargo, and all appurtenant areas used
or suitable for airport buildings or other airport facilities, including all appurtenant
rights-of-way.
(12) “Airport hazard” means a structure, object of natural growth, or use of land that
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 landing or taking
off.
(13) “Airport hazard area” means any area of land or water upon which an airport hazard
might be established if not prevented as provided in this part.
(14) “Airport protection privileges” means an interest in air space over land or water,
or in airport hazards outside the boundaries of airports or restricted landing areas,
and other protection privileges, the acquisition or control of which is necessary
to ensure safe approaches to the landing areas of airports and restricted landing
areas and the safe and efficient operation of airports and restricted landing areas.
(15) “Air school” means 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 the holding out as giving or offering to
give this 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.
(16) “Civil aircraft” means aircraft other than public aircraft.
(17) “Flying club” means a person, other than an individual, that neither for profit nor
reward owns, leases, or uses one or more aircraft for the purpose of instruction or
pleasure, or both.
(18) “Local feeder route” means an air route branching laterally from an intermediate point
along an interstate route, which branch route is confined to points within the State
of Vermont.
(19) “Municipality” means a county, city, village, or town of this State and any other
political subdivision, public corporation, authority, or district in this State that
is or may be authorized by law to acquire, establish, construct, maintain, improve,
and operate airports and other air navigation facilities.
(20) [Repealed.]
(21) “Operation of aircraft” or “operate aircraft” means 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, shall be deemed
to be engaged in the operation of aircraft within the meaning of the statutory law
of this State.
(22) “Overcharges” means charges for transportation service in excess of those applicable
under the tariff lawfully on file with the Board.
(23) “Public aircraft” means aircraft used exclusively in the service of any government,
or any political subdivision, but not including any government-owned aircraft engaged
in carrying persons or property for commercial purposes.
(24) “Restricted landing area” means an area of land or water, or both, that 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.
(25) [Repealed.]
(26) “Structure” means any object constructed or installed by man, including buildings,
towers, smokestacks, and overhead transmission lines. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), §§ 1, 4; 1999, No. 18, § 16, eff. May 13, 1999; 2017, No. 113 (Adj. Sess.), § 5; 2017, No. 132 (Adj. Sess.), § 2; 2023, No. 6, § 13, eff. July 1, 2023.)
§ 203. Purpose
It is hereby declared that the purpose of this chapter is to further the public interest
and aeronautical progress:
(1) by providing for the protection and promotion of safety in aeronautics;
(2) by cooperating in effecting uniformity of the laws and regulations relating to the
development and regulation of aeronautics in the several states consistent with federal
aeronautics laws and regulations;
(3) by granting to a State agency such powers and imposing upon it such duties that the
State may properly perform its functions relative to aeronautics and effectively exercise
its jurisdiction over persons and property within its jurisdiction, assist in the
development of a statewide system of airports, cooperate with and assist the municipalities
of this State and others engaged in aeronautics, and encourage and develop aeronautics;
(4) by establishing such regulations as are essential in order that persons engaged in
aeronautics of every character may so engage, consistent with the safety and the rights
of others; and
(5) by providing for cooperation with the federal authorities in the development of a
national system of civil aviation and for coordination of the aeronautical activities
of those authorities and authorities of this State. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 14, eff. July 1, 2023.)
§ 204. Powers of Agency generally
(a) To carry out the purposes of this part, the Agency of Transportation shall have power,
subject to subsection (b) of this section:
(1) To contract in the name of the State with individuals, firms, or corporations, with
officials of a town, city, or village, with officials of a group of either or both
of such governmental units, with officials of another state, or with officials or
agencies of the federal government to carry out the purposes of this part.
(2) To receive, manage, use, or expend, for purposes directed by the donor, gifts, grants,
or contributions of any name or nature made to the State for the promotion or development
of aeronautics or for aeronautics facilities. The authority granted in this subdivision
shall be subject to the provisions of 32 V.S.A. § 5.
(3) To operate, manage, use, exchange, lease, or otherwise deal with or dispose of, in
whole or in part, land and rights in land acquired in the name of the State by purchase,
gift, or otherwise, under authorization of this part, and to charge reasonable fees
for such use or the use of landing areas, parking areas, buildings, and other facilities,
or for services rendered. Monies received from the fees shall be paid into the State
Treasury and credited to the Transportation Fund.
(4) To acquire on behalf of the State, acting either alone or with local governmental
units or the federal government, by purchase or by the exercise of the right of eminent
domain, property, easements, or other rights in property needed to carry out the purposes
of this part. In taking property, easements, or rights in property located in this
State, the right of eminent domain shall be exercised in the manner and subject to
the limitations provided for in 19 V.S.A. chapter 5, except as otherwise provided
in chapter 15, subchapter 2 of this part.
(b) An acquisition or transfer under this section of property or rights in property with
an appraised or other estimated value of $500,000.00 or above, or of an option to
acquire property with an appraised or other estimated value of $500,000.00 or above,
shall be made with the specific prior approval of the General Assembly of the acquisition
or transfer and its terms or, if the General Assembly is not in session, with the
specific prior approval of the Joint Transportation Oversight Committee. The requirement
of this subsection shall not apply, however, if the General Assembly has approved
a specific project described in the annual transportation program and the scope of
the project includes the acquisition or transfer of property. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 153 (Adj. Sess.), § 48; 2015, No. 40, § 13.)
§ 205. Duties of Agency generally
(a) The Agency shall have general supervision over aeronautics within this State.
(b) The Agency shall cooperate with and assist the federal government, the political subdivisions
of this State, and others engaged in aeronautics or the promotion of aeronautics,
and shall seek to coordinate the aeronautical activities of these bodies. The Agency
shall represent the State in aeronautical matters before federal and state agencies.
The Agency may participate as party plaintiff or defendant or as intervenor on behalf
of the State or any municipality or citizen in any proceeding that involves the interest
of the State in aeronautics.
(c) The Agency shall perform acts, issue and amend orders, adopt and amend reasonable
general or special rules and procedure, and establish minimum standards, consistent
with the provisions of this part, as the Agency shall deem necessary to carry out
the provisions of this part.
(d) The Agency shall keep on file with the Secretary of State, and at its own principal
office, a copy of all its rules for public inspection.
(e) Insofar as is reasonably possible, the Agency may make available the engineering or
other technical services of the Agency, on terms as it deems reasonable, to any municipality
desiring them in connection with the construction, maintenance, or operation or proposed
construction, maintenance, or operation of an airport or restricted landing area.
(f) The Agency shall enforce and assist in the enforcement of this part, all rules issued
pursuant to this part, and all other laws of this State relating to aeronautics. For
enforcement purposes, police powers are conferred upon the Secretary and the officers
and employees of the Agency as may be designated by the Secretary.
(g) The Secretary, or any officer or employee of the Agency designated by the Secretary,
shall have the power to hold investigations, inquiries, and hearings concerning matters
covered by the provisions of this chapter and orders or rules of the Agency, and concerning
accidents in aeronautics within this State. The Secretary and his or her designees
shall have the powers specified in section 32 of this title.
(h) The Agency may render assistance in the acquisition, development, operation, or maintenance
of airports owned, controlled, or operated, or to be owned, controlled, or operated,
by municipalities in this State, out of appropriations made by the General Assembly
for that purpose.
(i)(1) The Agency shall prepare and keep up to date workable plans for the immediate handling
of the following emergency type situations arising from aeronautics activities:
(A) locating aircraft believed lost and down within Vermont;
(B) locating, whether with respect to such aircraft or to aircraft believed lost and down
outside the State, all occupants who are down within Vermont; and
(C) locating persons believed lost and down in Vermont through being separated from aircraft
overflying Vermont.
(2) Workable plans shall mean plans of action for search and rescue that will mobilize
all State agencies that can contribute in such emergencies, each agency’s contribution
being what it has agreed upon in advance, the first objective being to save human
life and render prompt aid to survivors.
(3) The Agency shall have operational control in the execution of workable plans of all
air activities, but as to ground activities shall only have operational control over
its own ordinary personnel.
(4) Notwithstanding subdivision (3) of this subsection, the Agency shall have the duty
of sifting and coordinating all information pertaining to such emergency type situations
arising from aeronautics activities.
(j) The Agency may contract with the private sector, through the competitive procurement
process, for some or all maintenance at State airports. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 3; 1997, No. 38, § 14b, eff. May 28, 1997; 2015, No. 23, § 68; 2021, No. 105 (Adj. Sess.), § 17, eff. July 1, 2022; 2023, No. 6, § 15, eff. July 1, 2023.)
§ 206. Federal and other monies received; deposit, designation, appropriation, and disbursement
(a) The Agency is authorized to cooperate with the government of the United States in
the acquisition, construction, improvement, maintenance, and operation of airports
and other navigation facilities in this State, and to comply with the provisions of
the laws or regulations of the United States for the expenditure of federal monies
upon airports and other air navigation facilities.
(b) The Agency is authorized to accept, receive, and receipt for federal monies and other
monies, either public or private, for and in behalf of this State, appropriated to
the Agency or that have been approved for receipt pursuant to 32 V.S.A. § 5 or 511.
(c) All monies accepted for disbursement by the Agency pursuant to subsection (b) of this
section shall be deposited in the State Treasury and, unless otherwise prescribed
by the authority from which the money is received, kept in separate funds, designated
according to the purposes for which the monies were made available, and held by the
State in trust for such purposes. All monies shall be expended for the purposes for
which they were made available and in accordance with federal laws and regulations
and with this chapter. The Agency is authorized, whether acting for this State or
as the agent of any of its municipalities, or when requested by the U.S. government
or any agency or department of the U.S. government, to disburse such monies for the
designated purposes, but this shall not preclude any other authorized method of disbursement. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 40, § 14.)
§ 207. Registration; licenses, certificate of approval
(a) The Board is authorized to approve airport and restricted landing area sites or other
air navigation facilities in accordance with rules to be adopted by the Board. Certificates
of approval shall be granted for airports and restricted landing areas that were being
operated on or before July 1, 1945.
(b) [Redesignated.]
(c) All proposed airports, restricted landing areas, and other air navigation facilities
shall be first approved by the Board before they are used or operated. A municipality
or person proposing to establish an airport, restricted landing area, or a seaplane
landing area shall make application to the Board for a certificate of approval of
the site selected and the general purpose or purposes for which the airport, restricted
landing area, or seaplane landing area is to be established to ensure that it shall
conform to minimum standards of safety and shall serve public interest. A municipality
or officer or employee or any person shall not operate an airport, restricted landing
area, seaplane landing area, or other air navigation facility for which a certificate
of approval has not been issued by the Board.
(d) The 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 the acquisition is asserted to serve
the public interest. The application shall designate the names of all owners or persons
known to be interested in lands adjoining the property and their residences, if known,
and shall contain such further matter as the Board by rule shall determine. The application
shall be supported by documentation showing that the proposed facility has received
municipal approval. After evaluating the application, the Board shall issue its order
giving notice of the time and place of hearing on the application. The applicant shall
give notice of the proceedings to all persons owning or interested in adjoining lands
by delivery of a true copy of the application and order for hearing by registered
or certified mail to the last known address of each of the persons; the notice to
be mailed at least 12 days prior to the date of the hearing. Notice of the hearing
and a general statement of the purpose 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 the hearing, and a similar notice
shall be posted in a public place at least 12 days before the hearing. Upon compliance
by the applicant with the foregoing provisions for notice, the Board shall hear the
applicant and all parties interested on the question of approval of the site or sites
and shall consider and determine whether in the public interest the application ought
to be granted. 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 or a restricted landing area or other air navigation facility, an aggrieved
person may seek judicial review pursuant to 19 V.S.A. § 5(c).
(e) 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
the Agency’s recommendations, the proposed facility’s 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 the
use will serve the public interest.
(f) Prior to the beginning of aeronautics operations on the site approved, the owner of
the site shall apply to the Board for operational approval of the airport. In granting
operational approval, the Board shall take into consideration the Agency’s recommendations,
the length, width, and smoothness of landing strips, longitudinal and transverse grade
of the 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 the site will serve the public interest.
(g) Unless determined otherwise by the Board, the hearing provisions of subsection (d)
of this section shall not apply to helicopter landing areas, ultralight landing areas,
and restricted landing areas designed for personal use.
(h) In emergency circumstances, the Agency may suspend temporarily, and in nonemergency
circumstances, the Board may revoke both temporarily and permanently any certificate
of approval 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 adopted. A person aggrieved by a temporary suspension
issued by the Agency may appeal to the Board within 30 days after the Agency’s decision.
Unless otherwise ordered by the Board, the temporary suspension shall remain in effect
pending final determination of the appeal.
(i) The provisions of subsections (e) to (g) of this section, inclusive, shall not apply
to any airport, restricted landing area, or other air navigation facility owned and
operated by an agency of the federal government within this State. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 4; 1995, No. 60, §§ 29, 30, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18a, eff. May 22, 1996; 1997, No. 144 (Adj. Sess.), § 21; 2017, No. 113 (Adj. Sess.), § 6; 2021, No. 184 (Adj. Sess.), § 30, eff. July 1, 2022.)
§ 207a. Carrying and inspection of airman license
The federal license, certificate, or permit shall be kept in the personal possession
of the airman when operating within this State and must be presented for inspection
upon the demand of a passenger; a peace officer of this State; an authorized official
or employee of the Agency; or an official, manager, or person in charge of any airport
in this State upon which there is a landing. The federal aircraft license, certificate,
or permit must be carried in every aircraft operating in this State at all times and
must be presented for inspection upon the demand of a passenger; a peace officer of
this State; an authorized official or employee of the Agency; or an official, manager,
or person in charge of any airport in this State upon which it shall land. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 7; 2019, No. 14, § 5, eff. April 30, 2019.)
§ 208. Inspection
To carry out the provisions of this part, the Board or any of its members, the Secretary
or officers or employees of the Agency, and any State or municipal officers charged
with the duty of enforcing this part may inspect and examine at reasonable hours any
premises, and the buildings and other structures, where airports, restricted landing
areas, air schools, flying clubs, or other air navigation facilities or aeronautical
activities are operated or carried on. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 8.)
§ 209. Payment for acquisition of land
Whenever the Agency approves the expenditure of monies in connection with the acquisition
of property for airport, landing field, or landing strip purposes in accordance with
the provisions of this part, or in reimbursing local governmental units or the federal
government for the State’s share of the cost of the acquisition, the Agency shall
issue to the Commissioner of Finance and Management a certificate setting forth the
sum so approved and the person, firm, corporation, or governmental unit to which it
is payable, and the Commissioner of Finance and Management shall issue a warrant for
the payment of the sum named in the certificate. (Added 1985, No. 222 (Adj. Sess.), § 2.)
§ 210. Disposition of fees
All fees specified in this chapter shall be collected by the Agency and forthwith
paid into the State Treasury and credited to the Transportation Fund. (Added 1985, No. 222 (Adj. Sess.), § 2.)
§ 211. Appropriation from taxes on aircraft fuel
Funds appropriated from the proceeds of any tax on aircraft fuel, including jet fuel
and aviation gasoline, shall be expended under the direction of the Agency exclusively
for aviation purposes consistent with 49 U.S.C. § 47133 and Federal Aviation Administration regulations and policies, including to provide:
(1) navigational aids to airmen;
(2) marking, lighting, removal, or elimination of obstructions or hazards to flight; and
(3) for the improvement of landing areas or facilities that are permanently established
for the public use of aircraft. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 158 (Adj. Sess.), § 35, eff. Jan. 1, 2019.)
§ 212. Penalty
A person who violates a provision of this chapter, or a rule or order issued pursuant
to this chapter, shall be fined not more than $500.00 or imprisoned for not more than
90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)
-
Subchapter 002: ABANDONED AIRCRAFT
§ 221. Definitions
As used in this subchapter:
(1) “Airport manager” means the owner of an airport in this State or an agent authorized
to act on behalf of an airport owner.
(2) “Storage operator” means a person who stores an aircraft or aircraft component at
the request of an airport manager. (Added 2017, No. 158 (Adj. Sess.), § 10.)
§ 222. Abandoned aircraft; authority to take custody, remove, and store; notice of intent;
limitation on liability
(a) Subject to subsection (b) of this section, an airport manager who discovers an aircraft
or aircraft component apparently abandoned, or an aircraft without a currently effective
federal registration certificate, on the property of the airport has authority to:
(1) take custody of the aircraft or component;
(2) arrange for the aircraft or component to be secured and stored at its current location
or to be removed and stored elsewhere.
(b)(1) As used in this subsection, a “notice of intent” shall include:
(A) a statement of the airport manager’s intent to exercise authority under subsection
(a) of this section and of the owner’s responsibility for reasonable charges under
this subchapter;
(B) the make and the factory or identification number of the aircraft or aircraft component;
(C) the current location of the aircraft or aircraft component and the planned location
for its storage; and
(D) the aircraft registration number, if any.
(2) At least 60 days prior to exercising the authority granted in subsection (a) of this
section, the airport manager shall:
(A) Attempt to provide a notice of intent to the owner and to the lienholder, if any,
of the aircraft or aircraft component. If the address of the last place of residence
of the owner or lienholder of the aircraft or aircraft component is ascertainable
through the exercise of reasonable diligence, including inquiry of the Federal Aviation
Administration’s aircraft registry, the airport manager shall send the notice of intent
by certified mail to the address or addresses; otherwise, the airport manager shall
be deemed to have fulfilled the requirement of this subdivision (b)(2)(A) if the manager
posts the notice of intent on the aircraft or aircraft component.
(B) Send a written notice of intent to the Secretary.
(c) The Secretary shall place on file notices of intent received under subdivision (b)(2)(B)
of this section and, upon request, make the notices available for public inspection
and copying.
(d) Except in the case of intentionally inflicted damages, an airport manager who takes
custody of an aircraft or aircraft component or an airport manager or storage operator
who arranges for the removal or storage of an aircraft or aircraft component under
this subchapter shall not be liable to the owner or lienholder for any damages to
the aircraft or aircraft component incurred while it was in the manager’s custody
or during its removal or storage. (Added 2017, No. 158 (Adj. Sess.), § 10.)
§ 223. Lien; right to contest costs
(a) If the notice requirements of subsection 222(b) of this title are fulfilled, all reasonable storage, removal, and other costs necessarily incurred
thereafter by an airport manager or a storage operator in carrying out the provisions
of this subchapter shall be a lien on the aircraft or aircraft component held by the
person who incurred the costs.
(b) In exercising rights under section 224 or 226 of this title, the owner or lienholder may contest the reasonableness and necessity of the costs
by bringing an action before the Transportation Board. (Added 2017, No. 158 (Adj. Sess.), § 10.)
§ 224. Right of owner to reclaim
The owner or lienholder of an aircraft or aircraft component stored under this subchapter
may reclaim the aircraft or aircraft component prior to any sale by paying the outstanding
costs described in section 223 of this title. (Added 2017, No. 158 (Adj. Sess.), § 10.)
§ 225. Sale authorized; notice of proposed sale
(a) If the owner or lienholder has not reclaimed the aircraft or aircraft component after
the aircraft manager fulfills the notice requirements of subsection 222(b) of this title, and if the airport manager fulfills the notice requirements of subsection (b) of
this section, the airport manager may sell the aircraft or aircraft component in a
commercially reasonable manner as described in 9A V.S.A. § 9-610 (disposition of collateral after default).
(b)(1) The notice of proposed sale required in this subsection shall include:
(A) the make and the factory or identification number of the aircraft or aircraft component;
(B) the aircraft registration number, if any;
(C) contact information for the person from whom the owner or lienholder may reclaim the
aircraft or aircraft component pursuant to section 224 of this title; and
(D) the date and location of the proposed sale.
(2) At least 14 days before a sale under this section, the airport manager shall:
(A) if the value of the aircraft or aircraft component exceeds $1,000.00, publish the
notice of proposed sale in a media outlet of general circulation in the municipality;
and
(B) if the address of the last place of residence of the owner or the lienholder, if any,
of the aircraft or aircraft component is ascertainable through the exercise of reasonable
diligence, including inquiry of the Federal Aviation Administration’s aircraft registry,
send the notice of proposed sale by certified mail to the address or addresses; otherwise,
the airport manager shall be deemed to have fulfilled the requirement of this subdivision
(b)(2)(B) if the manager posts the notice on the aircraft or aircraft component. (Added 2017, No. 158 (Adj. Sess.), § 10.)
§ 226. Application of proceeds
The airport manager shall pay the balance of the proceeds of the sale, if any, after
payment of liens and the reasonable expenses incident to the sale, to the owner or
lienholder of the aircraft or aircraft component, if claimed at any time within one
year from the date of the sale. If the owner or lienholder does not claim the balance
within one year, the airport manager shall retain the proceeds. (Added 2017, No. 158 (Adj. Sess.), § 10.)