Utah Code 72-10-103. Rulemaking requirement

72-10-103. Rulemaking requirement.

(1)

Aeronautics: means transportation by aircraft, air instruction, the operation, repair, or maintenance of aircraft, and the design, operation, repair, or maintenance of airports, or other air navigation facilities. See Utah Code 72-10-102
Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
Mechanic: means a person who constructs, repairs, adjusts, inspects, or overhauls aircraft, engines, or accessories. See Utah Code 72-10-102
Pilot: means any person who operates the controls of an aircraft while in-flight. See Utah Code 72-10-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)	governing the establishment, location, and use of air navigation facilities;

(b)	regulating the use, licensing, and supervision of all airports and vertiports in this state;

(c)	establishing minimum standards with which all air navigation facilities, flying clubs, aircraft, gliders, pilots, and airports must comply; and

(d)	safeguarding from accident and protecting the safety of persons operating or using aircraft and persons and property on the ground.

(2)

The rules may:

(a)	require that any device or accessory that forms part of any aircraft or its equipment be certified as complying with this chapter;

(b)	limit the use of any device or accessory as necessary for safety; and

(c)	develop and promote aeronautics within this state.

(3)

(a)	To avoid the danger of accident incident to confusion arising from conflicting rules governing aeronautics, the rules shall conform as nearly as possible with federal legislation, rules, regulations, and orders on aeronautics.

(b)	The rules may not be inconsistent with paramount federal legislation, rules, regulations, and orders on the subject.

(4)	The department may not require any pilot, aircraft, or mechanic who has procured a license under the Civil Aeronautics Authority of the United States to obtain a license from this state, other than required by this chapter.

(5)

The department may not make rules that conflict with the regulations of:

(a)	the Civil Aeronautics Authority; or

(b)	other federal agencies authorized to regulate the particular activity.

(6)	The department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.

Amended by Chapter 216, 2023 General Session