The Vermont Statutes Online

Title 5: Aeronautics and Surface Transportation Generally

Chapter 013: Operation of Aircraft

• Subchapter 001: GENERAL PROVISIONS

• § 401. Repealed. 1997, No. 150 (Adj. Sess.), § 4(3).

• § 402. Ownership of space

  The ownership of the space above the lands and waters of this State is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 403 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 403. Lawful and unlawful flight; landing

  Flight in aircraft over the lands and waters of this State is lawful unless at such a low altitude as to interfere with the existing use to which the land or water, or the space over the land or water, is put by the owner or unless conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without consent, or where there has been no airport, heliport, restricted landing area, or seaport established in accordance with the provisions of this title is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the airman shall be liable as provided in section 479 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 404. Contractual and other legal relations

  Contractual and other legal relations entered into by airmen or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 405. Crimes, torts, and other wrongs

  A crime, tort, or other wrong committed by or against an airman or passenger while in flight over this State shall be governed by the laws of this State. The question whether damages occasioned by or to an aircraft while in flight over this State constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the law of this State. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• Subchapter 002: RESTRICTIONS

• § 421. Minimum altitudes for operation

  Except when necessary for take-off or landing, or by special permission of the Agency, no person shall operate an aircraft below the following altitudes:

  (1) An altitude that will permit, in the event of the failure of a power unit, an emergency landing without undue hazard to persons or property on the surface.

  (2) Over congested areas of cities or towns, or over an open-air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet from the aircraft.

  (3) An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In this event, the aircraft shall not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 422. Penalty for violation

  A person who violates a provision of section 421 of this title 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.)

• § 423. Diversion from normal flight; careless operation

  (a) An aircraft shall not be diverted from a normal flight nor engage in acrobatic maneuvers nor be so operated as to diminish the stability and safety of the aircraft when the aircraft is over a thickly settled portion of a town, city, or village or over a place where a celebration, game, or contest is being held, or over a place where a failure of the aircraft might cause personal injury or damage to property, or under 1,500 feet, unless by special permission of the Federal Aviation Administration and the Agency.

  (b) No person shall operate an aircraft in a careless or negligent manner so as to endanger the life or property of others. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 424. Repealed. 1997, No. 150 (Adj. Sess.), § 4(4).

• § 425. Killing birds or animals

  While in flight within this State, an airman or passenger who intentionally kills or attempts to kill a bird or animal shall be fined not more than $50.00 or imprisoned for not more than 60 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 426. Helicopters; aircraft engaged in crop spraying or dusting

  The Agency may adopt rules necessary to regulate the operation in flight of helicopters, or of aircraft engaged in crop spraying or dusting. The provisions of section 421 of this title shall not apply to these rules. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 23, § 69.)

• § 427. Operating under influence of liquor or drugs; penalty; revocation of right

  (a) No person shall operate or attempt to operate an aircraft or serve as a member of a crew while under the influence of alcohol or any habit-forming drug.

  (b) A person who violates a provision of subsection (a) of this section shall be fined not less than $100.00 nor more than $1,000.00, or, if he or she is the operator of the aircraft, may be imprisoned for not more than two years, or both.

  (c) [Repealed.] (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 4(c); 2017, No. 83, § 161(1).)

• § 428. Reporting an aircraft

  A person who demands money or any other thing of value or a benefit for himself or herself or another as a condition for disclosing the location of an aircraft that has crashed, crash-landed, or is missing shall be fined not more than $1,000.00 or imprisoned not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• Subchapter 003: ACCIDENTS AND LIABILITY FOR INJURY

• § 476. Reports of accidents

  (a) The operator of an aircraft involved in an accident or incident on a State-owned airport resulting in personal injury or damage to property shall immediately notify the Agency and within 48 hours shall make a report to the Agency of the circumstances of the accident. The report shall state as accurately as possible the time, place, and cause of the accident; the injuries; and whatever other information the Agency may require. For purposes of this subsection, “accident” means an occurrence associated with the operation of an aircraft that takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or injury, or in which the aircraft or personal property owned by any person is damaged, and “incident” means an occurrence other than an accident associated with the operation of an aircraft that affects or could affect the safety of operations.

  (b) The operator of an aircraft involved in an accident or incident, other than on a State-owned airport, that requires reporting to the National Transportation Safety Board under federal law shall immediately notify the Agency and within 48 hours shall make a report to the Agency of the circumstances of the accident. The report shall contain the same information as a report for an accident occurring on a State-owned airport. For purposes of this subsection, “accident” and “incident” shall have the same meaning as in 49 C.F.R. § 830.5. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 2.)

• § 477. Removal of wrecks

  (a) No aircraft or part of an aircraft involved in an accident in this State resulting in serious or fatal injuries or in such damage as to render the aircraft not airworthy shall be moved or disturbed except when:

  (1) necessary to give assistance to persons injured or trapped in the wreckage;

  (2) necessary in the interest of public safety;

  (3) specific permission has been granted by an authorized representative of the Agency;

  (4) prompt movement of the aircraft is necessary to protect it from further serious damage and it is impossible to communicate with any person authorized in subdivision (3) of this section to direct the removal of the wreckage; or

  (5) the aircraft involved in an accident is a public aircraft.

  (b) Notwithstanding the foregoing, the operator of the aircraft shall promptly remove it from the accident site after all on-site rescue and investigatory processes are completed. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 3.)

• § 478. Minimum disturbance in movement; record of original condition

  Any movement of the aircraft or any part of the aircraft under section 477 of this title shall be so accomplished as to result in the minimum possible disturbance of the material concerned. Prior to movement, a record of the original position and condition of the wreckage shall be made as completely and accurately as possible under the circumstances, unless the danger to public safety is such as to permit no delay, or unless an authorized representative of the Agency has directed otherwise. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 479. Liability of owner of aircraft for injuries

  The owner of an aircraft that is operated over the lands or waters of this State is liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft or the dropping or falling of an object from an aircraft, unless the injury is caused in whole or in part by the negligence of the person injured or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. However, the owner or lessee shall not be responsible when the aircraft causing injury or damage is taken without the knowledge or permission of the owner or lessee. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 480. Liability of airman not owner or lessee

  An airman who is not the owner or lessee shall be liable for the consequences of his or her own negligence. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 481. Lien for damages

  The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damages caused by the aircraft or objects falling from it when the owner or lessee is liable for the damages. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 482. Determination of liability

  The liability of the owner of one aircraft to the owner of another aircraft or to airmen or passengers on either aircraft for damage caused by collision on land or in the air shall be determined by the rules of law applicable to torts on land. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 483. Penalties

  A person who violates a provision of this chapter, unless some other penalty is specifically provided, 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.)

• § 484. Secretary as attorney for service of process

  The acceptance by a person of the rights and privileges conferred upon him or her by this part of this title, as evidenced by his or her operating, or causing to be operated, an aircraft in this State, shall be deemed equivalent to an appointment by the person of the Secretary or his or her successor in office to be his or her true and lawful attorney upon whom may be served all lawful processes in any action or proceedings against the person growing out of any accident or collision in which the person may be involved while operating or causing to be operated an aircraft in this State. That acceptance shall be deemed to be the agreement of the person that any process against him or her that is so served upon the Secretary shall be of the same validity as if served on the person personally. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 485. Service on Secretary; mailing copies; fees

  (a) Service of process under section 484 of this title shall be made by leaving a copy of the process with a fee of $20.00 with the Secretary or in his or her office. That service shall be sufficient service upon the person, provided that a copy of the process with the officer’s return, showing service upon the Secretary as provided in this section, is sent by the plaintiff to the defendant by registered mail, and provided further that the plaintiff’s affidavit of compliance with this section is filed with the process in court. The Secretary shall file copies served upon him or her as provided by this section, and show upon each copy the day and hour of service.

  (b) This manner of service shall be in addition to all existing manner of service, rights, and remedies. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 486. Continuances; costs

  The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee provided in section 485 of this title shall be taxed in the plaintiff’s costs, if he or she prevails in the suit. (Added 1985, No. 222 (Adj. Sess.), § 2.)