The Vermont Statutes Online

Title 5 : Aeronautics and Surface Transportation Generally

Chapter 009 : General Provisions; Abandoned Aircraft

Subchapter 002 : ABANDONED AIRCRAFT

• § 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.)