§ 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.)