Vermont Statutes Title 5 Sec. 205
Terms Used In Vermont Statutes Title 5 Sec. 205
- Aeronautics: means the science, art, and practice of flight, including transportation by aircraft and matters relating to air commerce; the operation, construction, repair, or maintenance of aircraft, aircraft power plants, and aircraft accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities; and air instruction. See
- Agency: means the Agency of Transportation. See
- Aircraft: means a contrivance used or designed for navigation of or flight in the air and specifically includes ultralight aircraft. See
- Airport: means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, that is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way. See
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Municipality: means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services. See
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Restricted landing area: means an area of land or water, or both, that is used or is made available for the landing and take-off of aircraft, the use of which, except in case of emergency, shall be only as provided from time to time by the Board. See
- Secretary: means the Secretary of Transportation. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 205. Duties of agency generally
(a) The Agency shall have general supervision over aeronautics within this State.
(b) The Agency shall cooperate with and assist the federal government, the political subdivisions of this State, and others engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies. The Agency shall represent the State in aeronautical matters before federal and state agencies. The Agency may participate as party plaintiff or defendant or as intervenor on behalf of the State or any municipality or citizen in any proceeding that involves the interest of the State in aeronautics.
(c) The Agency shall perform acts, issue and amend orders, adopt and amend reasonable general or special rules and procedure, and establish minimum standards, consistent with the provisions of this part, as the Agency shall deem necessary to carry out the provisions of this part.
(d) The Agency shall keep on file with the Secretary of State, and at its own principal office, a copy of all its rules for public inspection.
(e) Insofar as is reasonably possible, the Agency may make available the engineering or other technical services of the Agency, on terms as it deems reasonable, to any municipality desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or restricted landing area.
(f) The Agency shall enforce and assist in the enforcement of this part, all rules issued pursuant to this part, and all other laws of this State relating to aeronautics. For enforcement purposes, police powers are conferred upon the Secretary and the officers and employees of the Agency as may be designated by the Secretary.
(g) The Secretary, or any officer or employee of the Agency designated by the Secretary, shall have the power to hold investigations, inquiries, and hearings concerning matters covered by the provisions of this chapter and orders or rules of the Agency, and concerning accidents in aeronautics within this State. The Secretary and his or her designees shall have the powers specified in section 32 of this title.
(h) The Agency may render assistance in the acquisition, development, operation, or maintenance of airports owned, controlled, or operated, or to be owned, controlled, or operated, by municipalities in this State, out of appropriations made by the General Assembly for that purpose.
(i)(1) The Agency shall prepare and keep up to date workable plans for the immediate handling of the following emergency type situations arising from aeronautics activities:
(A) locating aircraft believed lost and down within Vermont;
(B) locating, whether with respect to such aircraft or to aircraft believed lost and down outside the State, all occupants who are down within Vermont; and
(C) locating persons believed lost and down in Vermont through being separated from aircraft overflying Vermont.
(2) Workable plans shall mean plans of action for search and rescue that will mobilize all State agencies that can contribute in such emergencies, each agency’s contribution being what it has agreed upon in advance, the first objective being to save human life and render prompt aid to survivors.
(3) The Agency shall have operational control in the execution of workable plans of all air activities, but as to ground activities shall only have operational control over its own ordinary personnel.
(4) Notwithstanding subdivision (3) of this subsection, the Agency shall have the duty of sifting and coordinating all information pertaining to such emergency type situations arising from aeronautics activities.
(j) The Agency may contract with the private sector, through the competitive procurement process, for some or all maintenance at State airports. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 3; 1997, No. 38, § 14b, eff. May 28, 1997; 2015, No. 23, § 68; 2021, No. 105 (Adj. Sess.), § 17, eff. July 1, 2022; 2023, No. 6, § 15, eff. July 1, 2023.)