Utah Code § 72-10-110

Current through the 2024 Fourth Special Session
Section 72-10-110 - [Effective Until 1/1/2025] Aircraft registration information requirements - Registration fee - Administration - Partial year registration
(1) All applications for aircraft registration shall contain:
(a) a description of the aircraft, including:
(i) the manufacturer or builder;
(ii) the Federal Aviation Administration aircraft registration number, type, year of manufacture, or if an experimental aircraft, the year the aircraft was completed and certified for air worthiness by an inspector of the Federal Aviation Administration; and
(iii) gross weight;
(b) the name and address of the owner of the aircraft; and
(c) where the aircraft is located, or the address where the aircraft is usually used or based.
(2)
(a) Except as provided in Subsection (3) or (4), at the time application is made for registration or renewal of registration of an aircraft under this chapter, an annual registration fee of 0.4% of the average wholesale value of the aircraft shall be paid.
(b) For purposes of calculating the average wholesale value of an aircraft under Subsection (2)(a) or (3)(d), the department shall use the average wholesale value as stated in the Aircraft Bluebook Price Digest.
(c) For an aircraft not listed in the Aircraft Bluebook Price Digest, the department shall calculate the average wholesale value of the aircraft using common industry standards.
(d)
(i) An owner of an aircraft may challenge the department's calculation of the average wholesale value of the aircraft.
(ii) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a process for challenging the department's calculation under Subsection (2)(d)(i).
(3)
(a) An annual registration fee of $100 is imposed on an aircraft that is used:
(i) exclusively by an entity that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code, and exempt from property taxation under Title 59, Chapter 2, Property Tax Act; and
(ii) for the emergency transportation of medical patients for at least 95% of its flight time.
(b) An annual registration fee is imposed on an aircraft 60 years or older equal to the lesser of:
(i) $100; or
(ii) the annual registration fee provided for under Subsection (2)(a).
(c)
(i) Except as provided in Subsection (3)(c)(iii), an owner of an aircraft shall apply for a certificate of registration described in Section 72-10-109, if the aircraft:
(A) is in the manufacture, construction, fabrication, assembly, or repair process;
(B) is not complete; and
(C) does not have a valid airworthiness certificate.
(ii) An aircraft described in Subsection (3)(c)(i) is exempt from the annual registration fee described in Subsection (2)(a).
(iii) The registration requirement described in Subsection (3)(c)(i) does not apply to an aircraft that, in accordance with Section 59-12-104, is exempt from the taxes imposed under Title 59, Chapter 12, Sales and Use Tax Act.
(d) An annual registration fee of .25% of the average wholesale value of the aircraft is imposed on an aircraft if the aircraft is:
(i) used by an air charter service for air charter; and
(ii) owned by a person other than the air charter service.
(e) The annual registration fee required in this section is due on December 31 of each year.
(4)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to establish and administer a registration fee for an unmanned aircraft system or an advanced air mobility system registered pursuant to Subsection 72-10-109(3).
(b) The rules made pursuant to Subsection (4)(a) regarding registration and applicable fees for an unmanned aircraft system or an advanced air mobility system may include:
(i) a system for classifying unmanned aircraft systems or an advanced air mobility systems;
(ii) technical guidance for complying with state and federal law;
(iii) criteria under which the department may suspend or revoke registration;
(iv) criteria under which the department may waive registration requirements for an applicant currently holding a valid license or permit to operate unmanned aircraft systems issued by another state or territory of the United States, the District of Columbia, or the United States; and
(v) other rules regarding operation as determined by the department.
(5)
(a) The department shall provide a registration card to an owner of an aircraft if:
(i) the owner complies with the registration requirements of this section; and
(ii) the owner of the aircraft states that the aircraft has a valid airworthiness certificate.
(b) An owner of an aircraft shall carry the registration card in the registered aircraft.
(6) The registration fees assessed under this chapter shall be collected by the department to be distributed as provided in Subsection (7).
(7) After deducting the costs of administering all aircraft registrations under this chapter, the department shall deposit all remaining aircraft registration fees into the Aeronautics Restricted Account created by Section 72-2-126.
(8) Aircraft which are initially registered under this chapter for less than a full calendar year shall be charged a registration fee which is reduced in proportion to the fraction of the calendar year during which the aircraft is registered in this state.
(9)
(a) For purposes of this section, an aircraft based at the owner's airport means an aircraft that is hangared, tied down, or parked at an owner's airport for a plurality of the year.
(b) Semi-annually, an owner or operator of an airport open to public use, or of an airport that receives grant funding from the state, shall provide a list of all aircraft based at the owner's airport to the department.
(10) The department shall maintain a statewide database of all aircraft based within the state.
(11) The department may suspend or revoke a registration if the department determines that the required fee has not been paid and the fee is not paid upon reasonable notice and demand.

Utah Code § 72-10-110

Amended by Chapter 216, 2023 General Session ,§ 4, eff. 5/3/2023.
Amended by Chapter 436, 2018 General Session ,§ 7, eff. 1/1/2019.
Amended by Chapter 333, 2016 General Session ,§ 1, eff. 5/10/2016.
Amended by Chapter 224, 2016 General Session ,§ 1, eff. 5/10/2016.
Amended by Chapter 35, 2015 General Session ,§ 1, eff. 5/12/2015, op. 1/1/2015.
Amended by Chapter 8, 2012 General Session ,§ 1, eff. 2/13/2012, op. 1/1/2012.
Amended by Chapter 171, 2011, 2011 General Session
This section is set out more than once due to postponed, multiple, or conflicting amendments.