TRANSPORTATION CODE
CHAPTER 24. OPERATION OF AIRCRAFT
SUBCHAPTER A. FEDERAL REQUIREMENTS REGARDING AIRMAN CERTIFICATION
§ 24.001. DEFINITIONS. In this subchapter:
(1) "Aircraft" means a device that is invented, used,
or designated for air navigation or flight, other than a parachute
or other device used primarily as safety equipment.
(2) "Airman" means:
(A) a person, including the person in command of
an aircraft or a pilot, mechanic, or member of the crew, who engages
in the navigation of an aircraft while under way; or
(B) the person who is in charge of the
inspection, overhaul, or repair of an aircraft.
(3) "Airman certificate" means a certificate issued to
an airman under 49 U.S.C. Section 1422.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 24.002. APPLICATION. This subchapter does not apply
to an aircraft owned by and used exclusively in the service of the
federal or state government.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 24.003. OPERATION OF AIRCRAFT WITHOUT AIRMAN
CERTIFICATE; OFFENSE. (a) A person commits an offense if the
person:
(1) navigates an aircraft in this state without an
airman certificate; or
(2) serves as an airman in connection with an aircraft
flown or operated in this state without an airman certificate.
(b) An offense under Subsection (a) is a misdemeanor
punishable by:
(1) a fine of not less than $100 and not more than
$500;
(2) confinement in county jail for not less than 30
days and not more than six months; or
(3) both the fine and the confinement.
(c) It is a defense to prosecution under this section that
the person could be prosecuted under the laws or regulations of the
United States for the alleged violation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 24.004. INSPECTION OF AIRMAN CERTIFICATE. A person
holding an airman certificate shall keep the certificate in the
person's possession when the person is operating an aircraft within
this state or serving in connection with an aircraft flown or
operated in this state. The person shall present the certificate
for inspection on the demand of:
(1) a passenger;
(2) a peace officer of this state; or
(3) an official, manager, or person in charge of an
airport or landing field in this state on which the person lands an
aircraft or performs a service.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 24.005. AIRCRAFT LICENSURE AND REGISTRATION. A
person may not navigate an aircraft in this state, whether for
commercial, pleasure, or noncommercial purposes, unless the
aircraft is licensed and registered in the manner provided by the
Federal Aviation Administration.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. OTHER FEDERAL REQUIREMENTS REGARDING AIRCRAFT
§ 24.011. FAILURE TO REGISTER AIRCRAFT;
OFFENSE. (a) A person commits an offense if the person operates
or navigates an aircraft that the person knows is not properly
registered under Federal Aviation Administration aircraft
registration regulations, 14 C.F.R. Part 47, as those regulations
existed on September 1, 1985.
(b) An offense under Subsection (a) is a felony of the third
degree.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 24.012. AIRCRAFT IDENTIFICATION NUMBERS;
OFFENSE. (a) The failure to have the aircraft identification
numbers clearly displayed on an aircraft in compliance with federal
aviation regulations is probable cause for a peace officer to
further inspect the aircraft to determine the identity of the owner
of the aircraft.
(b) A peace officer may inspect an aircraft under Subsection
(a) if the aircraft is located on public property or on private
property if the officer has the consent of the property owner.
(c) A person commits an offense if the person operates an
aircraft that the person knows does not have aircraft
identification numbers that comply with federal aviation
regulations.
(d) An offense under Subsection (c) is a felony of the third
degree.
(e) In this section, "federal aviation regulations" means
the regulations adopted by the Federal Aviation Administration
regarding identification and registration marking, 14 C.F.R. Part
45, as those regulations existed on September 1, 1985, except a
regulation in existence on September 1, 1985, that is inconsistent
with a regulation adopted after that date.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 24.013. AIRCRAFT FUEL CONTAINERS; OFFENSE. (a) A
person commits an offense if the person operates or intends to
operate an aircraft equipped with:
(1) a fuel container that the person knows does not
conform to federal aviation regulations or that has not been
approved by the Federal Aviation Administration by inspection or
special permit; or
(2) a pipe, hose, or auxiliary pump that is used or
intended for transferring fuel to the primary fuel system of an
aircraft from a fuel container that the person knows does not
conform to federal aviation regulations or that has not been
approved by the Federal Aviation Administration by inspection or
special permit.
(b) An offense under Subsection (a) is a felony of the third
degree.
(c) A peace officer may seize an aircraft equipped with a
fuel container that is the subject of an offense under Subsection
(a).
(d) An aircraft seized under Subsection (c) may be forfeited
to the Department of Public Safety in the same manner as property
subject to forfeiture under Article 18.18, Code of Criminal
Procedure.
(e) An aircraft forfeited under Subsection (d) is subject to
Chapter 2205, Government Code.
(f) In this section:
(1) "Federal aviation regulations" means the
following regulations adopted by the Federal Aviation
Administration as those regulations existed on September 1, 1985,
except a regulation in existence on September 1, 1985, that is
inconsistent with a regulation adopted after that date:
(A) certification procedures for products and
parts, 14 C.F.R. Part 21;
(B) maintenance, preventive maintenance,
rebuilding, and alteration regulations, 14 C.F.R. Part 43; and
(C) general operating and flight rules, 14 C.F.R.
Part 91.
(2) "Operate" means to use, cause to use, or authorize
to use an aircraft for air navigation and includes:
(A) the piloting of an aircraft, with or without
the right of legal control;
(B) the taxiing of an aircraft before takeoff or
after landing; and
(C) the postflight or preflight inspection or
starting of the engine of an aircraft.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER C. USE OF PUBLIC ROADS BY AIRCRAFT
§ 24.021. TAKING OFF, LANDING, OR MANEUVERING AIRCRAFT
ON HIGHWAYS, ROADS, OR STREETS; OFFENSE. (a) A person commits an
offense if the person takes off, lands, or maneuvers an aircraft,
whether heavier or lighter than air, on a public highway, road, or
street except:
(1) when necessary to prevent serious injury to a
person or property;
(2) during or within a reasonable time after an
emergency; or
(3) as provided by Section 24.022.
(b) An offense under Subsection (a) is a misdemeanor
punishable by a fine of not less than $25 and not more than $200.
(c) The procedure prescribed by Section 543.003 applies to a
violation of this section.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.04, eff. Sept. 1, 1997.
§ 24.022. USE OF AIRCRAFT ON COUNTY ROADS. (a) A
commissioners court of a county may enact ordinances to ensure the
safe use of county roads by aircraft. An ordinance may:
(1) limit the kinds of aircraft that may use the roads;
(2) establish the procedure that a pilot shall follow
before using a road, including requiring the pilot to furnish
persons with flags at both ends of the road to be used; or
(3) establish other requirements considered necessary
for the safe use of the roads by aircraft.
(b) A pilot who follows the ordinances adopted under
Subsection (a):
(1) may land or take off in the aircraft on a county
road; and
(2) is not subject to the traffic laws of this state
during the landing or takeoff.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
