328AERONAUTICS328.1Definitions.1The following words, terms, and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings given in this section, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires:a“Aeronautics” means transportation by aircraft, the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes, the design, establishment, construction, extension, operation, improvement, repair, or maintenance of landing areas, or other air navigation facilities, and air instruction.b“Aeronautics instructor” means any individual giving or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward.c“Air carrier airport” means an existing public airport regularly served by an air carrier, other than a supplemental air carrier, certificated by the civil aviation board under section 401 of the federal Aviation Act of 1958.d“Aircraft” means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air, for the purpose of transporting persons or property, or both.e“Air instruction” means the imparting of aeronautical information, by any aeronautics instructor, or in or by any air school or flying club.f“Air navigation” means the operation or navigation of aircraft in the air space over this state, or upon any landing area within this state.g“Air navigation facility” means any facility, other than one owned or controlled by the federal government, used, available for use, or designed for use, in aid of air navigation, including landing areas, and any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities or devices having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft.h“Airperson” means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, aircraft appliances, or parachutes; and any individual who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator. It shall not include individuals engaged in aeronautics as an employee of the United States or any state or foreign country and any individuals employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, and any individual performing inspection or mechanical duties in connection with aircraft owned or operated by the individual.i“Airport” means any landing area used regularly by aircraft for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established. “Airport” includes land within a city with a population greater than one hundred seventy-five thousand which is acquired to replace or mitigate land used in an airport runway project at an existing airport when federal law, grant, or action requires such replacement or mitigation.j“Air school” means any person engaged in giving, or offering to give, instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward, and who employs other persons for such purposes. It does not include any public school or university of this state, or any institution of higher learning duly accredited and approved for carrying on collegiate work.k“Air taxi operator” means an operator who engages in the air transportation of passengers, property, and mail by aircraft on public demand for compensation and does not directly or indirectly utilize aircraft with a capacity of more than thirty passengers or seventy-five hundred pounds maximum payload, unless exempted by the aeronautics and public transit administrator of the department.l“Civil aircraft” means any aircraft other than a public aircraft.m“Commission” means the state transportation commission of the state department of transportation.n“Commuter air carrier” means an air taxi operator which operates not less than five round trips per week between two or more points and publishes flight schedules which specify the times, days of the week, and places between which such flights are performed or transports mail pursuant to a current contract with the United States postal service.o“Department” means the state department of transportation.p“Director” means the director of transportation or the director’s designee.q“General aviation airport” means any airport that is not an air carrier airport.r“Governmental subdivision” means any county or city of this state, and any other political subdivision, public corporation, authority, or district in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate landing areas and other air navigation facilities.s“Landing area” means any locality, either of land or water, including intermediate landing fields, which is used or intended to be used, for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo; it does not include any intermediate landing field established or maintained by the federal government as a part of any civil airway.t“Operation for hire” shall mean hire to the general public or members or classes thereof, and shall not include such operations as are incidental to the carrying on of the general business of an aircraft owner engaged in business other than aeronautics.u“Operation of aircraft” or “operate aircraft” means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft and shall embrace any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control, in the capacity of owner, lessee, or otherwise.v“Owner” means a person owning or renting an aircraft, or having the exclusive use of an aircraft, for a period of more than thirty days.w“Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.x“Public aircraft” means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory, or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.2The singular shall include the plural, and the plural the singular.[C31, 35, §8338-c1; C39, §8338.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.1]88 Acts, ch 1063, §1; 2005 Acts, ch 178, §11; 2010 Acts, ch 1069, §113; 2015 Acts, ch 29, §46; 2023 Acts, ch 66, §79328.2Reserved. 328.3Reserved. 328.4Reserved. 328.5Reserved. 328.6Reserved. 328.7Reserved. 328.8Reserved. 328.9Reserved. 328.10Reserved. 328.11Reserved. 328.12Duties and powers.The director in carrying out the director’s duties relating to aeronautics shall:1Promotion of aeronautics.Encourage, foster, and assist in the general development and promotion of aeronautics in this state, and make disbursements from moneys available for such purposes.2Rules.Make reasonable rules, consistent with this chapter, as deemed by the director to be necessary and expedient for the administration and enforcement of this chapter, and amend the rules at any time.3Filing of rules.Keep on file at the office of the director, for public inspection, a copy of all the department’s aeronautic rules with all amendments, and mail copies to all registered landing areas in this state.4Technical services available.So far as reasonably possible, make available the engineering, management consulting, and other technical services of the department, without charge, in connection with aeronautics.5Intervention.Participate, at the director’s discretion, as party plaintiff or defendant, or as intervenor, complainant, or movant, on behalf of the state or any governmental subdivision or citizen of the state, in any proceeding having to do with aeronautics.6Enforcement of aeronautics laws.Enforce and assist in the enforcement of this chapter and of all rules issued pursuant to this chapter, and of all other laws of this state relating to aeronautics; and, in the aid of enforcement and within the scope of the director’s duties, general powers of peace officers are conferred upon the director, and officers and employees of the department designated by the director to exercise such powers. The director, in the name of this state, may enforce this chapter and the rules issued pursuant to this chapter by injunction in the courts of this state.7Use of existing facilities.In the discharge of all functions prescribed by this chapter, to every feasible extent, use the facilities of other agencies of the state; and other state agencies are authorized and directed to make available to the director such facilities and services.8Investigations and inquiries.Hold investigations and inquiries.aThe director or the director’s designee when acting for and with the authority of the director, may hold investigations and inquiries concerning matters covered by this chapter and orders and rules of the department. In an investigation or inquiry, the person acting for the director may administer oaths and affirmations, certify to all official acts, issue subpoenas, and compel the attendance and testimony of witnesses, and the production of papers, books, and documents.bThe reports of investigations or inquiries, or any part of them, shall not be admitted in evidence or used for any purpose in a civil suit growing out of a matter referred to in an investigation, inquiry, or report, except in criminal or other proceedings instituted in behalf of the director or this state under this chapter and other laws of this state relating to aeronautics.9Authority to contract.Enter into contracts necessary to the execution of the powers granted the director by this chapter.10No exclusive rights granted.Grant no exclusive right for the use of an airway, airport, landing area, or other air navigation facility under the director’s jurisdiction.11Sufficiency reports.Issue sufficiency reports for all airports in the state, which are owned and operated by a governmental subdivision, based on the functional classification of those airports as set out in the department’s transportation plan.12Centralized purchasing agency.Encourage governmental subdivisions to utilize the department’s services as a centralized purchasing agency for items, including but not limited to airport and aeronautics equipment.13Safety inspections.Enter into agreements, at the director’s discretion, and otherwise cooperate with federal authorities in the safety inspection of registered landing areas, and adopt safety standards for airports.14Newsletter.Have authority to publish and distribute by subscription a state aeronautics newsletter or magazine. The department may charge a reasonable fee for subscriptions to the newsletter or magazine.15Commuter air carrier demonstration projects.The department may encourage the development of commuter air carrier service in the state by:aRecommending routes between cities that may support such service.bMaking available funding for demonstration projects from any federal funds made available to the state or from any state funds appropriated for such purposes.cEstablishing specifications, operational requirements, terms and conditions under which demonstration projects will be participated in by the state.[C35, §8338-f5, -f6, -f8, -f9, -f10, -f13; C39, §8338.05, 8338.06, 8338.08, 8338.09, 8338.10, 8338.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.12]86 Acts, ch 1245, §1967; 94 Acts, ch 1107, §65; 98 Acts, ch 1075, §30328.13Commercial air service retention and expansion committee.Repealed by 2024 Acts, ch 1170, §368.328.14Authority to receive federal moneys for the state and governmental subdivisions.1The department shall act as agent for the state and shall upon request act as agent for a governmental subdivision which owns a general aviation or air carrier airport in accepting, receiving and receipting for all federal moneys provided that the request is submitted to the department by March 1 of each year. The department when acting as agent shall contract for all airport projects in which planning, construction, acquisition or improvements include federal or state funds, and the political subdivision owning the airport shall select all consultants. The department shall not have jurisdiction over the operation or maintenance of the airport after completion of the project, except for those contractual stipulations agreed to by all parties prior to receipt of state funds.2The department shall include in the annual report made by the department to the governor a report of all federal moneys it accepts, receives and receipts for under the provisions of this section.3The department is the authorized agency of the state to receive and disburse federal funds for general aviation airports owned by political subdivisions of the state.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.14]328.15Contracts — law governing.All contracts for the planning, acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the department, either as the agent of this state or of any governmental subdivision, shall be made pursuant to the laws of this state governing the making of like contracts; provided, however, that where such undertaking is financed wholly or partially with federal moneys, the department, as such agent, or the governmental subdivision acting for itself, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.15]328.16Disposition of federal funds.All moneys accepted for disbursement by the department pursuant to section 328.14 shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purposes for which the same were made available, to be expended in accordance with federal laws and regulations and with this chapter. The department is authorized, whether acting for this state or as the agent of any of its governmental subdivisions, or when requested by the United States government or any agency or department thereof, to disburse such moneys for the designated purposes, but this shall not preclude any other authorized method of disbursement.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.16]328.17Reserved. 328.18Reserved. 328.19Registration of airports.The department shall promulgate rules pursuant to chapter 17A governing the issuance by the department of certificates of registration to all airports in this state which are open for use by the public and governing the annual renewal of those certificates. These rules shall require that an airport applying for a certificate of registration or for a renewal shall comply with minimum standards of safety as promulgated by the department before the certificate of registration or certificate of renewal may be issued. Certificates of registration or renewal may be issued subject to any conditions the department deems necessary to carry out the purposes of this section. The department may, after notice and opportunity for hearing as provided in chapter 17A, revoke any certificate of registration or renewal, or may refuse to issue a renewal, when the department determines that any of the following have occurred:1The airport has been abandoned.2The airport is no longer in compliance with the conditions of the registration or renewal.3A change in physical or legal conditions or circumstances has made the airport either unsafe or unusable for the aeronautical purposes for which the registration or renewal was issued.[C31, 35, §8338-c2; C39, §8338.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.19]2022 Acts, ch 1025, §1, 2328.20Registration of aircraft.1A civil aircraft owned either wholly or in part by persons residing in this state, or operated, or otherwise controlled within the boundaries of the state for a period of more than thirty days, unless specifically excepted under this chapter, shall be registered annually with the department, by the owner thereof.2The registration year begins on the first day of the calendar month in which the civil aircraft is registered for the first time in the state and ends on the last day of the twelfth month of the registration year.3For aircraft registered in this state before July 1, 1988, the registration year begins on the first day of the calendar month assigned by the department and ends on the last day of the twelfth month of the registration year.[C31, 35, §8338-c2; C39, §8338.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.20]88 Acts, ch 1063, §2; 2017 Acts, ch 54, §76328.21Aircraft registration fees.An annual registration fee for each aircraft shall be paid to the department at the time of registration, to be computed as follows:1Unless otherwise provided in this section, for the first registration, a sum equal to one percent of the manufacturer’s list price of the aircraft, not to exceed five thousand dollars.2The second year’s registration fee is seventy-five hundredths of one percent of the manufacturer’s list price of the aircraft; the third year’s fee is fifty hundredths of one percent; and the fourth and subsequent year’s fee is twenty-five hundredths of one percent. When an aircraft other than a new aircraft is registered in Iowa, the registration fee shall be based upon the number of years the aircraft was previously registered. However, an aircraft shall not be registered for a fee of less than thirty-five dollars or more than five thousand dollars.3The registration fee for an aircraft operated in scheduled interstate airline operation, owned by an Iowa person and operated part-time within this state shall be a fee of one hundred dollars. The application for registration shall be supported by such records as the department shall prescribe.4Should the department find and determine that no established manufacturer’s list price exists for any such aircraft, the department is hereby authorized and empowered to determine and fix the fair value of such aircraft which fair value shall be used in lieu of a manufacturers’ list price in computing the registration fee for each such aircraft as otherwise provided by this section. When the fee as so computed results in a fractional part of a dollar, it shall be computed to the nearest dollar.5An aircraft thirty years old or older, which is used exclusively for noncommercial purposes, shall be registered as an antique aircraft for a fee of thirty-five dollars.6An aircraft, unless exempt under section 328.35, which is not airworthy and is not in flying condition is not subject to registration fees if the owner of the aircraft submits information required by the department. Upon receipt of that information, the department shall issue a certificate that states that the registration fee has not been paid and that the aircraft shall not use the airports or the air space overlying the state until the fee has been paid.7The registration fee for a helicopter used exclusively as an air ambulance is one thousand dollars.8An aircraft owned and operated by an aviation business located at a publicly owned, public use airport and providing, under agreement with the governing body of the airport, a specified minimum level of aviation services to the general public, shall be registered for a fee of one hundred dollars.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.21]88 Acts, ch 1063, §3 – 5; 90 Acts, ch 1063, §1 – 4; 98 Acts, ch 1182, §1 – 3; 2002 Acts, ch 1112, §6; 2010 Acts, ch 1069, §114328.22Used aircraft.Repealed by 98 Acts, ch 1182, §7. 328.23Reserved.328.24Refunds of fees.1If, during the year for which an aircraft, except aircraft used for the application of herbicides and pesticides, was registered and the required fee paid, the aircraft is destroyed by fire or accident or junked, and the aircraft’s identity as an aircraft entirely eliminated, or the aircraft is removed and continuously used beyond the boundaries of the state, then the owner in whose name the aircraft was registered at the time of destruction, dismantling, or removal from the state shall provide notice to the department within thirty days and make affidavit of the destruction, dismantling, or removal and make claim for the refund. The refund shall be paid from the general fund of the state.2The registration fee for the unexpired portion of the year shall be refunded pro rata to the nearest full calendar month, except that a refund shall not be allowed if the unused portion of the fee is less than thirty-five dollars per aircraft.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.24]88 Acts, ch 1063, §6; 94 Acts, ch 1107, §66; 2014 Acts, ch 1123, §20; 2016 Acts, ch 1098, §36; 2019 Acts, ch 28, §1328.25Fees in lieu of taxes.The registration fees imposed by this chapter upon aircraft shall be in lieu of all taxes, general or local, except state sales or use tax, to which aircraft might otherwise be subject.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.25]328.26Application for registration.1Every application for registration pursuant to sections 328.19 and 328.20 shall be made upon such forms, and shall contain such information, as the department may prescribe, and every application shall be accompanied by the full amount of the registration fee.2When an aircraft is registered to a person for the first time, the fee submitted to the department shall include the tax imposed by section 423.2 or 423.5 or evidence of the exemption of the aircraft from the tax imposed under section 423.2 or 423.5.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.26]88 Acts, ch 1205, §18; 96 Acts, ch 1152, §23; 98 Acts, ch 1182, §4; 2003 Acts, 1st Ex, ch 2, §174, 2052023 Acts, ch 64, §53328.27Issuance of certificates.The department shall issue, upon receipt of proper application and fee for registration, a certificate of registration which shall be numbered and recorded by the department, shall state the name and address of the person to whom it is issued, shall be titled with the designation of the class of registrant covered, and shall contain other information as the department may prescribe including, in the case of aircraft, a description of the aircraft. A certificate of registration expires at midnight on the last day of the twelfth month of the registration year.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.27]88 Acts, ch 1063, §7; 2002 Acts, ch 1112, §7328.28Operation under special certificate.1A manufacturer or dealer owning an aircraft otherwise required to be registered under this chapter may operate the aircraft for up to three years for purposes of transporting, testing, demonstrating, or selling the aircraft without registering the aircraft, upon condition that a special certificate be obtained by the owner for each year the owner operates the aircraft as provided in this section and sections 328.29 through 328.33.2A transporter may operate an aircraft described in subsection 1 solely for the purpose of delivery upon obtaining a special certificate issued to the transporter as provided in this section and sections 328.29 through 328.33.3The provisions of this section and sections 328.29 through 328.33 shall not apply to aircraft owned by a manufacturer, transporter, or dealer which are used for hire or principally for transportation of persons and property, aside from the transporting of the aircraft itself, or testing or demonstrating thereof.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.28]2002 Acts, ch 1112, §8; 2022 Acts, ch 1125, §1, 6, 7328.29Application for special certificate fee.A manufacturer, transporter, or dealer may, upon payment of a four hundred dollar fee, make application to the department upon such forms as the department may prescribe for a special certificate. The applicant shall also submit such reasonable proof of the applicant’s status as a bona fide manufacturer, transporter, or dealer as the department may require. Dealers in new aircraft shall furnish satisfactory evidence of a valid franchise with the manufacturer or distributor of such aircraft authorizing such dealership.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.29]90 Acts, ch 1063, §5; 2002 Acts, ch 1112, §9; 2022 Acts, ch 1125, §2, 6, 7328.30Issuance of special certificate.The department upon granting an application shall issue to the applicant a special certificate containing the applicant’s name, address, and other information as the department may prescribe.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.30]90 Acts, ch 1063, §6; 2002 Acts, ch 1112, §10328.31Special certificates — inventory removals or additions.Repealed by 2002 Acts, ch 1112, §15. 328.32Expiration of special certificate.A special certificate expires at midnight on October 31, and a new special certificate for the ensuing year may be obtained by the person to whom the expired special certificate was issued, upon application to the department and payment of the fee provided in section 328.29.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.32]88 Acts, ch 1063, §8; 2002 Acts, ch 1112, §11; 2022 Acts, ch 1125, §3, 6, 7328.33Records required.A manufacturer, transporter, or dealer shall keep a written record of the aircraft in the manufacturer’s, transporter’s, or dealer’s inventory, which records shall be open to inspection of any peace officer, or any officer or employee of the department.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.33]2002 Acts, ch 1112, §12328.34Grounds for refusing, revoking, or suspending certificates.The department may refuse to issue, or may revoke or suspend a certificate of registration or special certificate for any one, or any combination, of the following reasons:1That the application contains any false or fraudulent material statement, or that the applicant has failed to furnish required information or reasonable additional information requested, or that the applicant is not entitled to registration of the aircraft under this chapter.2That the department has reasonable ground to believe that the aircraft is a stolen or embezzled aircraft, or that granting of registration would constitute a fraud against the rightful owner.3That the required fee has not been paid.4That the department has reasonable ground to believe that fraudulent use, against the state or any municipality or citizen thereof, is being made of such certificate of registration or special certificate.5That the person making application for, or holding, the certificate is not certificated or licensed by the government of the United States or any authorized agency thereof, pursuant to the laws of the United States or any rules or regulations promulgated thereunder, to do the acts for which the person has been, or seeks to be, registered as performing, or to perform, pursuant to the provisions of this chapter.6That the aircraft registered, or for which application for registration is made, is not certificated or licensed for operation by the government of the United States or any authorized agency thereof, pursuant to the laws of the United States or any rules or regulations promulgated thereunder.7That the person making application for, or holding, a special certificate operated an aircraft for purposes of transporting, testing, demonstrating, or selling the aircraft, without registering the aircraft, after three years of holding a special certificate for the aircraft in violation of section 328.28.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.34]2022 Acts, ch 1125, §4, 6, 7328.35Exceptions to registration requirements.1The provisions of sections 328.19 and 328.20 shall not apply to:aAn aircraft which has been registered by a foreign country with which the United States has a reciprocal agreement covering the operations of registered aircraft.bAn aircraft which is owned by a resident of this state but which is continuously located and operated beyond the boundaries of the state.cAny airport, landing area, or other air navigation facility owned or operated by the federal government within this state.dA lighter than air aircraft that is not engine driven.eAn aircraft which is displayed in a museum.fAn aircraft in the inventory of a manufacturer, transporter, or dealer who has a special certificate issued by the department and the special certificate is in effect.2No registration is required for an airport maintained for private use.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.35]90 Acts, ch 1063, §8; 93 Acts, ch 87, §10, 11; 2000 Acts, ch 1168, §3; 2002 Acts, ch 1112, §13328.36Deposit and use of revenues.All moneys received by the department pursuant to sections 328.21 and 328.29 shall be deposited into the state aviation fund created in section 328.56.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.36]88 Acts, ch 1205, §19; 91 Acts, ch 260, §1229; 93 Acts, ch 131, §16; 94 Acts, ch 1107, §67; 2006 Acts, ch 1179, §56, 66; 2022 Acts, ch 1125, §5 – 7; 2023 Acts, ch 66, §80328.37Operations unlawful without certificate.Except as provided in section 328.35, it is unlawful for a person to operate, or cause or authorize to be operated, a civil aircraft, airport, or landing area in this state, unless there has been issued for the aircraft or to the airport or landing area an appropriate certificate of registration by the department and the certificate is in effect.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.37]88 Acts, ch 1063, §9; 2002 Acts, ch 1112, §14328.38Exhibition of certificates.Repealed by 2015 Acts, ch 123, §2.328.39Order of department — review.1In any case where the department refuses to issue a certificate of registration or special certificate, or in any case where it shall issue any order requiring certain things to be done, or revoking or suspending any certificate, it shall set forth its reasons and shall state the requirements to be met before such certificate will be issued or such order will be modified or changed. Any order made by the department pursuant to the provisions of this chapter shall be served upon the interested persons by certified mail or in person.2Any order of the department or any refusal to issue, revocation or suspension of any certificate shall be subject to judicial review in accordance with chapter 17A.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.39]328.40Penalties.Any person who violates any of the provisions of this chapter, or who makes any material false statement or representation in any application or statement filed with the department as required by this chapter or any of the rules and regulations issued pursuant thereto shall be guilty of a fraudulent practice.[C31, 35, §8338-c8; C39, §8338.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.40]328.41Operating recklessly or while intoxicated.It shall be unlawful for any person to operate an aircraft in the air space above this state or on the ground or water within this state, while under the influence of intoxicating liquor, narcotics, or other habit-forming drug, or to operate an aircraft in the air space above this state or on the ground or water within this state in a careless or reckless manner so as to endanger the life or property of another.1Any person who operates an aircraft in a careless or reckless manner in violation of the provisions of this section shall be guilty of a simple misdemeanor.2Any person who operates any aircraft, while in an intoxicated condition or under the influence of narcotic drugs in violation of this section, shall, upon conviction or a plea of guilty, be guilty of: aA serious misdemeanor for the first offense.bAn aggravated misdemeanor for the second offense.cA class “D” felony for a third offense.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.41]2010 Acts, ch 1061, §123328.42Nonresident registration.Nonresident owners of aircraft operated within this state for the intrastate transportation of persons or property for compensation or the furnishing of services for compensation or for the intrastate transportation of merchandise, shall register each such aircraft and pay the same fees therefor as is required with reference to like aircraft owned by residents of this state.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.42]328.43Transfer notice.Upon the transfer of ownership of any registered aircraft, the owner shall immediately provide notice to the department stating the date of such transfer, the name and post office address with street number, if in a city, of the person to whom the aircraft was transferred, the number of the registration certificate, and such other information as the department may require.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.43]2019 Acts, ch 28, §2328.44Application by new owner.The purchaser of the aircraft shall join in the notice of transfer to the department and shall, at the same time, make application for a new certificate of registration.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.44]328.45New registration upon transfer.The department, if satisfied of the genuineness and regularity of such transfer, shall register said aircraft in the name of the transferee and issue a new certificate of registration as provided in this chapter.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.45]328.46Penalty for delay.If a transfer of ownership of an aircraft subject to registration is not completed within thirty days of the actual change of possession, a penalty of five dollars shall accrue against the aircraft and a certificate of registration shall not be issued until the penalty is paid.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.46]96 Acts, ch 1152, §24328.47Lien of fees.All registration fees provided for in this chapter shall be and continue a lien against the aircraft for which said fees are payable until such time as they are paid as provided by law, with any accrued penalties.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.47]328.48Attachment of lien.The lien of the original registration fee attaches at the time it is payable as provided by law and the liens of all renewals of registration attach on the first day of each registration year.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.48]88 Acts, ch 1063, §10328.49Collection of fees.The collection of all fees and penalties provided for in the chapter may be enforced against any aircraft or they may be collected by suit against the owner who shall remain personally liable therefor until such time as the transfer thereof shall be reported to the department or until such time as the identity of such aircraft as an aircraft has been entirely eliminated and all fees and penalties to such date shall be paid.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.49]328.50Penalty on delinquent registration.On the first day of the second month following the end of an aircraft registration period, a penalty of five percent of the annual registration fee shall be added to a fee not paid by that date, and five percent of the annual registration fee shall be added to the fee on the first day of each following month that the fee remains unpaid; however, the penalty shall not be less than one dollar.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.50]88 Acts, ch 1063, §11328.51Accrual of penalty.Failure to register shall be considered delinquent and a penalty shall accrue the first day of the month following thirty days from the date of the purchase of a new aircraft or the date an aircraft is brought into the state.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.51]90 Acts, ch 1063, §9; 96 Acts, ch 1152, §25328.52Waiver.The department, if it finds that a delinquency in registration was excusable and upon making a record of such finding and the reasons for such delinquency, shall have the power to waive or reduce any of the penalties provided for delinquent registrations.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §328.52]328.53Marking public aircraft.All aircraft owned by the state or a governmental subdivision of the state shall be marked to show ownership in a readily apparent manner. The department may promulgate regulations for marking such aircraft.[C77, 79, 81, §328.53]328.54Biennial report.The department shall publish biennially an airport directory which shall contain a listing of all airports in the state which are open to public use. The department may charge a reasonable fee based on the cost of publication and distribution to those persons receiving a copy of the directory.[C77, 79, 81, §328.54]328.55Inspections of governmental subdivision airports.Repealed by 2016 Acts, ch 1073, §186.328.56State aviation fund.1A state aviation fund is created under the authority of the department. The fund shall consist of moneys deposited in the fund pursuant to sections 328.36 and 452A.82 and other moneys appropriated to the fund.2Moneys in the state aviation fund are appropriated to the department of transportation for use by the department for airport engineering studies, construction or improvements, and the windsock program for public airports and marketing at commercial service airports. In awarding moneys, the department shall give preference to projects that demonstrate a collaborative effort between airports.2006 Acts, ch 1179, §57, 66; 2007 Acts, ch 22, §115; 2007 Acts, ch 219, §40328.56AStaggered registration for aircraft — implementation.To implement the change from fiscal year registration to the registration system provided for in this chapter, aircraft registered after July 1, 1988, shall be registered as follows:1Aircraft shall be registered for the registration year as defined in this chapter. If the registration period is for a period of less than twelve months, the registration fee shall be prorated for the remaining unexpired months, except as provided in subsection 2.2The owner of an aircraft for which the registration year begins on August 1 may elect to register the aircraft for a period of one month or thirteen months. The owner of an aircraft for which the registration year begins on September 1 may elect to register the aircraft for a period of two months or fourteen months. The owner of an aircraft for which the registration year begins on October 1 may elect to register the aircraft for a period of three months or fifteen months.88 Acts, ch 1063, §12328.57Short title.This chapter may be cited as the “State Aeronautics Act”.[C46, §328.41; C50, 54, 58, 62, 66, 71, 73, 75, §328.53; C77, 79, 81, §328.57]