14-001 Code Vt. R. 14-010-001-X

Current through August, 2024

Section 14 010 001 - AERONAUTICS RULES AND REGULATIONS

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.

14-001 Code Vt. R. 14-010-001-X

Effective Date: 1969