2005 Idaho Code - 21-114 — REGISTRATION OF PILOTS AND AIRCRAFT -- REQUISITES

                                  TITLE  21
                                 AERONAUTICS
                                  CHAPTER 1
                          AERONAUTICS ADMINISTRATION
    21-114.  REGISTRATION OF PILOTS AND AIRCRAFT -- REQUISITES. (a) Pilot
Registration -- Fees. Subject to the limitation of subsections (c) and (d) of
this section, the department is authorized to require that every individual
who pilots an aircraft within this state is to register with the department
and to renew such registration every other year thereafter in which he pilots
an aircraft within this state. The department may charge for each such
registration, and for each biennial renewal thereof, a fee of twelve dollars
($12.00). Such income shall be used for department expenses associated with
search and rescue of lost aircraft and airmen and for pilot safety programs.
Search and rescue coordination shall be under the direction and supervision of
the chief of the bureau of homeland security within the military division,
with aerial search operations coordinated by the department, division of
aeronautics.
    (b)  Aircraft Registration -- Fees.
    (1)  Private Aircraft. Subject to the limitations of subsections (c) and
    (d) of this section, every aircraft operating within this state and/or
    holding a currently valid airworthiness certificate and a currently valid
    annual inspection or progressive inspection system issued by the
    appropriate federal agency, shall be registered with the department prior
    to or during each annual registration year in which the aircraft is
    operated within this state. The annual registration year shall commence on
    the date provided by regulation, and the holding of a currently valid
    airworthiness certificate and a currently valid annual inspection or
    progressive inspection system issued by the appropriate federal agency
    shall be considered prima facie evidence that the aircraft is operating
    within this state. The department shall charge for each such registration,
    and for each annual renewal thereof, the fees at the rate of one cent (1¢)
    per pound of gross weight authorized in the aircraft listing, aircraft
    specification or type certificate data sheet of said aircraft issued by
    the federal aviation agency, and in no case to exceed two hundred dollars
    ($200) upon any one (1) aircraft, provided that such fee shall be in lieu
    of all personal property taxes on such aircraft.
         Registration certificates shall be kept in the aircraft at all times.
    In addition to the registration certificate, an identifying decal shall be
    issued and placed on the left side of the aircraft either upon the
    vertical stabilizer thereof or upon a window nearest to the rear of the
    aircraft, fully visible from the outside of the aircraft.
         Aircraft shall only be registered prior to or during the current
    annual registration year. There shall be no registration of aircraft for
    any registration period which is prior to the current registration year.
    Registration certificates issued after expiration of the first six (6)
    months of the current annual registration year, as prescribed by the
    department, shall be issued at the rate of fifty percent (50%) of the
    annual fee. Those aircraft that have been found in violation of the
    provisions of this section after the first six (6) months will pay the
    full year's fee.
    (2)  Manufacturers and Dealers License. It shall be unlawful for any
    person to carry on or conduct the business of buying, selling, or dealing
    in aircraft unless registered with the department, as such manufacturer or
    dealer. Any manufacturer or dealer in aircraft owning, having an interest
    in, or having in his possession an aircraft for the purpose of sale, shall
    upon the registration and payment of fees as in this act required, acquire
    one (1) registration certificate which shall bear the distinctive
    registration number issued to such manufacturer or dealer, and any number
    of identifying decals. The registration certificate shall be kept at the
    main office of the manufacturer or dealer and an identifying decal shall
    be placed upon the left side of every aircraft that the manufacturer or
    dealer may have an interest in which is held for sale, on the left side
    thereof either upon the vertical stabilizer or upon a window nearest to
    the rear of the aircraft.
         An identifying decal issued to a manufacturer or dealer during the
    calendar year for which issued can be transferred from an aircraft no
    longer in the possession of the dealer or manufacturer for sale or
    demonstration to one acquired for the purpose of sale or demonstration
    during the calendar year.
         No identifying decal issued to a manufacturer or dealer as herein
    provided may be transferred to an aircraft owned or in the possession of
    such manufacturer or dealer when such aircraft is used solely for
    commercial purposes.
         The fee to be paid by a manufacturer or dealer in aircraft shall be
    forty dollars ($40.00) for the registration certificate and one dollar
    ($1.00) for each identifying decal issued to such manufacturer or dealer.
    (c)  Requirements for Registration, Issuance of Certificate. Possession of
the appropriate effective federal certificate, permit, rating or license
relating to competency of the pilot or ownership and airworthiness of the
aircraft, as the case may be, and payment of the fee duly required pursuant to
the provisions of this section shall be the only requisites for registration
of a pilot or an aircraft under this section. Registration shall be effected
by filing with the department a written statement containing the information
reasonably required by the department for such purpose. It shall not be
necessary for the registrant to provide the department with originals or
copies of federal certificates, permits, ratings or licenses. The department
may issue certificates of registration, or such other evidences of
registration or payment of fees as it may deem proper, and in connection
therewith may prescribe requirements for the possession and exhibition of such
certificates or other evidences similar to the requirements of section
21-113(b), Idaho Code, for the possession and exhibition of federal airman and
aircraft certificates, permits, ratings or licenses. Failure to register, if
required, shall be unlawful.
    (d)  Exemptions. The provisions of this section shall not apply to:
    (1)  An aircraft owned by, and used exclusively in the service of, any
    government or any political subdivision thereof, including the government
    of the United States, any state, territory, or possession of the United
    States, or the District of Columbia,  which is not engaged in carrying
    persons or property for commercial purposes;
    (2)  An aircraft which is owned by a bona fide nonresident of this state;
    provided, however, that this exemption shall not apply to such aircraft
    operated in the transportation of persons or property for hire, in
    dusting, seeding, or spraying for hire, or in any other activity for hire
    in this state, whether such aircraft so operated be engaged casually or
    continuously;
    (3)  An aircraft engaged principally in commercial airline or air freight
    flying constituting an act of interstate or foreign commerce while
    operating under a certificate, permit or license issued by the appropriate
    agency of the United States government;
    (4)  An individual piloting an aircraft owned by, and used exclusively in
    the service of, any government or any political subdivision thereof,
    including the government of the United States, any state, territory, or
    possession of the United States, or the District of Columbia, which is not
    engaged in carrying persons or property for commercial purposes;
    (5)  An individual piloting any aircraft registered under the laws of a
    foreign country;
    (6)  A bona fide nonresident of this state piloting aircraft in this
    state; provided, however, that this exemption shall not apply to any
    nonresident piloting an aircraft in this state for hire whether such
    nonresident is so engaged casually or continuously;
    (7)  An individual piloting an aircraft engaged principally in commercial
    airline or air freight flying constituting an act of interstate or foreign
    commerce, while such aircraft is being operated under a certificate,
    permit or license issued by the appropriate agency of the United States
    government;
    (8)  An individual operating model aircraft;
    (9)  An individual piloting an aircraft which is equipped with fully
    functioning dual controls when a properly certified pilot is in full
    charge of one (1) set of said controls and such flight is solely for
    instruction or for the demonstration of said aircraft to a bona fide
    prospective purchaser.
    (e)  Transfer of Aircraft. When the ownership of an aircraft registered
under the provisions of this section is transferred, the new owner will be
required to register the aircraft under the provisions of this section. If the
transferor wishes to register another aircraft he shall pay the registration
fee required by this section less the amount of registration fee already paid
on the aircraft which was sold, or if the transferor shall have an aircraft to
be registered with a useful load less than the aircraft that was sold, he
shall pay a transfer fee of one dollar ($1.00).