Part II. Aircraft
24VAC5-20-20. Aircraft to be licensed.
Every resident of this state owning a civil aircraft, every nonresident owning a civil aircraft based in this state over 60 days during a 12-month period, all aerial application aircraft operating within this state and every owner of a civil aircraft operated in this state as a for-hire intrastate air carrier shall, before the same is operated in this state, apply to the department for, and obtain from the department, an aircraft license for such civil aircraft.
No aircraft as defined in § 5.1-1 of the Code of Virginia, except a public aircraft or a balloon, shall be licensed by the department unless and until the applicant thereof furnishes proof of financial responsibility in the amounts required for each aircraft for which a license is applied for.
Except as provided below, the tax on the sale or use of an aircraft required to be licensed by this Commonwealth shall be paid by the purchaser or user of such aircraft and collected by the Virginia Tax Commissioner prior to the time the owner applies to the Department of Aviation for, and obtains, such license.
The tax on the gross receipts from each aircraft licensed for commercial use shall be paid by the dealer to the Virginia Tax Commissioner on or before the 20th day of each month.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-30. Application for aircraft license.
An owner or owners who hold a currently effective registration certificate for an aircraft issued by the Federal Aviation Administration shall make application for an aircraft license upon appropriate forms to be prescribed and furnished by the department. Such owner or owners shall provide all information as requested thereon, provided, however, the failure of the Federal Aviation Administration to require registration of an aircraft, including, for example an ultralight, shall not of itself operate to excuse the owner thereof from the licensing requirements contained in 24VAC5-20-20. The owner shall certify every application for an aircraft license.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.2, eff. September 9, 1992.
24VAC5-20-40. Expiration and renewal of licenses.
Every aircraft license issued by the department shall expire 12 months from date of issuance, except for antique aircraft as provided in this section, unless sooner suspended or revoked by the department. Every such license shall be renewed annually upon application of the owner on appropriate forms prescribed and furnished by the department and upon payment of the fees required by this chapter, such renewal shall take effect on the date of issuance.
Every antique aircraft license issued by the department shall expire on the date of sale of such aircraft, unless sooner suspended or revoked by the department.
No license issued by the department for an aircraft shall be transferable.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.3, eff. September 9, 1992.
24VAC5-20-50. License decals to be carried or displayed.
The aircraft license decal issued by the department for an aircraft required to be licensed by this chapter shall be displayed at all times centered below the right-hand horizontal stabilizer on the fuselage or immediately aft of the cabin entry door of such aircraft; it shall be readily visible from the outside of such aircraft and shall be subject to inspection by any person charged with the duty of enforcing the aviation laws of this state.
Aircraft license decals issued to antique aircraft and balloons may, in lieu of being displayed, be carried with the aircraft papers in such aircraft and shall be subject to inspection by any person charged with the duty of enforcing the aviation laws of this state.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.4, eff. September 9, 1992.
24VAC5-20-60. Transfer of registration or interest in aircraft; surrender of license.
The owner of an aircraft licensed by the department under the provisions of this chapter who transfers or assigns his registration or interest in such aircraft shall immediately notify the department in writing of such transfer or assignment and shall furnish the department with the name and address of the person to whom such transfer or assignment was made and shall remove or obliterate the decal license so as to indicate its cancellation prior to delivery of the aircraft to the transferee or assignee and shall request the department to cancel such decal license.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.5, eff. September 9, 1992.
24VAC5-20-70. Commercial, noncommercial and dealer's licensing.
Persons engaged in commercial operations may obtain commercial single aircraft licenses or a commercial fleet license covering all aircraft owned by any such dealer or commercial carrier.
Noncommercial dealer aircraft licenses shall be issued to dealers for demonstration flights only. This license shall not be valid while the aircraft is being used for personal use, rental, charter or for any purpose from which revenue is derived.
Commercial single, commercial fleet or noncommercial dealer aircraft licenses will be issued in lieu of regular licensing for each aircraft and may be obtained from the department upon application therefore upon a form prescribed by the department and the payment of the fees required by this chapter. Such license shall expire one year from the date of the issuance of such license. Upon the issuance of such license, the department shall issue to such licensee decals of distinguishing color which shall be displayed by such licensee as required by 24VAC5-20-50.
Commercial fleet and noncommercial dealers shall submit to the department a report every three months, or quarterly, on forms provided by the department, listing all aircraft owned, leased, sold or purchased, or for sale by such operator during the previous three-month period.
All corporate applicants applying for commercial licenses shall be Virginia corporations or duly authorized to transact business in Virginia.
Such dealer decals may be used on aircraft owned by such dealer when operated in this state by such dealer or his authorized representatives for demonstration for sale.
Commercial air carriers licensed under a commercial fleet aircraft license and providing regular scheduled air service shall be exempt from displaying licensing decals.
Any aircraft sold to or used by the United States or any of the governmental agencies thereof, the Commonwealth of Virginia or any political subdivision thereof, shall be exempt from such commercial license requirements.
Any aircraft operated by any air carrier operating under 14 CFR Part 119, 121, 129 or 135, providing scheduled passenger service, shall be exempt from such commercial license requirements.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.6, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-80. Commercial operators.
In addition to the licensing requirements identified in 24VAC5-20-70, any person who proposes to operate or engage in business as a contract carrier by aircraft, to include carrying passengers or property on demand, pursuant to 14 CFR Part 135, or providing student flight instruction for a fee, pursuant to 14 CFR Part 61 or 141, must first secure a contract carrier permit from the department authorizing them to conduct such operation or to engage in such business. Such permit may be obtained from the department upon application thereof upon a form prescribed by the department and the payment of a one-time fee of $50.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.7, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.
24VAC5-20-90. Lease or rental of unlicensed aircraft.
It shall be unlawful for any person to lease or rent an unlicensed aircraft to any person.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.8, eff. September 9, 1992.
24VAC5-20-100. Operation of aircraft.
All aircraft operations shall be conducted in conformity with Federal Aviation Regulations as amended from time to time and violation of such federal regulations shall also constitute a violation of this chapter.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.9, eff. September 9, 1992.
24VAC5-20-110. Fees.
The annual fee for a license or renewal thereof: noncommercial aircraft shall be $5.00; commercial single aircraft shall be $10; noncommercial dealer aircraft shall be $50 and commercial fleet aircraft shall be $75 payable at the time of application.
The fee for replacement of a lost license shall be $2.00 for either noncommercial or commercial aircraft licenses upon satisfactory proof that such replacement is necessary or in the public interest.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes
Derived from VR165-01-02:1 § 2.10, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.