Chapter 04-027

2004 -- H 7427

Enacted 06/09/04

A N A C T

RELATING TO AERONAUTICS -- UNIFORM AERONAUTICAL REGULATORY ACT

Introduced By: Representatives Flaherty, and Coogan

Date Introduced: January 29, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 1-4 of the General Laws entitled "Uniform Aeronautical

Regulatory Act" is hereby amended by adding thereto the following section:

1-4-10.3. Abandoned aircraft. – (a) Authority to take. – The director, chief aeronautics

inspector, aeronautical inspectors, or any police officer of the Rhode Island airport corporation,

upon discovery of any aircraft or aircraft parts apparently abandoned, or of any aircraft without a

currently effective state of Rhode Island or federal registration certificate, whether situated within

any public or private airfield open for public use for a period in excess of one year, may take such

aircraft or aircraft component into his or her custody and may cause the same to be taken away

and stored in some suitable place out of public view.

(b) Lien. – All charges necessarily incurred by such custodian in the performance of

carrying out the provisions of this chapter shall be a lien upon such aircraft or aircraft component

in accordance with section 34-47-1. The custodian or manager of any hangar, airport facility or

other place where such aircraft or aircraft component may be stored shall have a lien upon such

aircraft or aircraft component for his or her storage charges.

(c) Owner may reclaim. – The owner of an aircraft or aircraft component so placed in

storage may reclaim the same before any sale by paying the charges incurred.

(d) Sale authorized. – If such aircraft or aircraft component shall have been so stored for

a period of ninety (90) days, the Rhode Island airport corporation may sell the same, at public

auction, for cash or may otherwise dispose of such aircraft or aircraft component. No sale under

the provisions herein shall be valid unless the notice required by subsection 1-4-10.3(e) has been

given.

(e) Notice of sale. – Notice of such sale shall be given by publishing a notice in a

newspaper of state circulation at least fourteen (14) days before the sale. If the last place of

abode of the owner of such aircraft or aircraft component is known to, or may be ascertained by,

such custodian or manager by the exercise of reasonable diligence, a notice of the time and place

of such sale shall be given to said owner by registered mail, at least fourteen (14) days prior to

said sale.

(f) Application of proceeds. – The balance of the proceeds of sale, if any, after payment

of the amount of liens and the reasonable expenses incident to the sale, shall be paid to the owner

of such aircraft or aircraft component or his or her legal representative, if claimed at any time

within one year from the date of such sale. If such balance shall not be claimed within said

period, it shall be paid to the Rhode Island airport corporation.

(g) Exemption from liability. – No employee of the Rhode Island airport corporation or

any officer empowered to enforce the provisions of sections 1-4-10.2 through 1-4-14, inclusive,

and any other applicable section of the uniform air regulatory act, shall be liable for any act

performed under the provisions of this section.

     SECTION 2. This act shall take effect upon passage.

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LC01334

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