Be it enacted by the General Assembly of Virginia:
§ 5.1-1.6. Further powers and duties of Department; State Corporation Commission to administer Chapter 9.
A. The Department shall have the following powers and duties:
2. Plan for the development of a state aviation system;
3. Promote aviation in the Commonwealth in the interest of the public, including representing the interests of the Commonwealth before all tribunals, agencies or offices, federal, state and local, in any matter tending to affect any phase of Virginia aviation;
5. Provide assistance to cities, towns, counties and other governmental subdivisions for the planning, development, construction and operation of airports, landing fields and other aviation facilities.
B. The State Corporation Commission shall continue to
administer Chapter 9 (§ 5.1-89 et seq.)
§ 5.1-2.2. Powers and duties of Board.
The Board shall exercise the following powers and duties:
1. Provide a means of citizen access to the Department;
2. Provide a means of publicizing the policies and programs of the Department in order to educate the public and elicit public support for Department activities;
3. Monitor the policies and activities of the Department and have the right of access to departmental information;
4. Advise the Governor and the Director on matters relating to the Commonwealth's aviation policies and programs;
5. Promulgate such rules and regulations relating to airports,
landing fields and other aviation facilities, aircraft,
6. Develop on behalf of the Department recommendations for distribution of funds to localities by the State Corporation Commission for aviation development through the end of the 1978-80 biennium, after which time the Board shall be responsible for the allocation on behalf of the Department of all such funds as provided in this act, which funds shall be distributed by the Department in accordance with such allocation.
§ 5.1-5. Registration of aircraft.
§ 5.1-9.2. Contract carriers; permit and registration required.
No person shall operate or engage in the business of a
contract carrier by aircraft intrastate in the airspace of this Commonwealth
unless such person has secured from the Department a permit authorizing him to conduct
such operation or to engage in such business and has
§ 5.1-9.5. Contract carriers; bonds, insurance or certificate of insurance required prior to issuance of registration or permit; securities deposited in lieu thereof.
B. Such policy, bond or certificate of insurance shall be
issued or underwritten only by an insurer approved or authorized to do business
in Virginia, or by one who is eligible as a surplus lines insurer pursuant to
Chapter 48 (§ 38.2-4805.1 et seq.) of Title 38.2, and shall be in amounts not
less than the following minimum limits: liability for bodily injury to or death
of any one person, passenger or other, aboard the aircraft; $75,000, liability
for each occurrence in any one aircraft of at least an amount equal to the sum
produced by multiplying $75,000 by seventy-five percent of the total number of
passenger seats installed in the aircraft; and liability for loss or damage to
cargo owned by others than the insured of at least $10,000 for each occurrence.
However, the holder of a
C. In no event shall the limits required herein for contract carriers be less than those prescribed for like carriers by the Civil Aeronautics Board or the Federal Aviation Administration or their successors.
D. In lieu of such policy, underwritten bond or certificate of
insurance, a contract carrier may, with the consent of the Department, submit
bonds, in an amount approved by the Department, of the United States of
America, the Commonwealth of Virginia, or of any municipality of this
Commonwealth as security for its bond. Such federal, state, or municipal bonds
shall be deposited with the State Treasurer, and shall not be reduced in
amount, pledged as security, or otherwise encumbered for any other purpose
during the life of such
§ 5.1-9.8. Same; effect of failure to give or maintain adequate security.
Failure of any contract carrier holding a
§ 5.1-14. Operation of unregistered aircraft.
Any person who operates or causes to be operated any civil
aircraft within the airspace over, above or upon the lands or waters of this
Commonwealth, which aircraft has not been and is not at the time of such
operation properly certificated under and in accordance with existing federal
§ 5.1-88.1. Proof of financial responsibility to be furnished for each aircraft.
No aircraft, as defined in § 5.1-1 except a public aircraft or
a balloon shall be
§ 5.1-88.2. What constitutes proof of financial responsibility.
A. The following shall constitute proof of financial responsibility as required by § 5.1-88.1:
1. The issuance, by an insurance company licensed to write such insurance in this Commonwealth, of a policy or policies of bodily injury and property damage liability insurance, or a policy or policies written pursuant to Chapter 48 (§ 38.2-4805.1 et seq.) of Title 38.2 that provide coverage with respect to each such aircraft in the amount of $50,000 because of bodily injury to or death of one person in any one accident, including passenger liability, and $100,000 because of bodily injury to or death of two or more persons in any one accident, including passenger liability, and to a limit of $25,000 because of injury to or destruction of property of others in any one accident; or a single limit policy in the sum of $250,000, covering bodily injury and property damage liability in any one accident, including passenger liability of $50,000 per passenger seat; or
2. The execution of a bond by the
3. The delivery to the Department of $250,000 in cash or an irrevocable letter of credit in the amount of $250,000 from a depository institution as defined in § 2.2-4701. Such money or securities so delivered to the Department shall be placed by it in the custody of the State Treasurer and shall be subject to execution to satisfy any judgment within the limits on amounts required by this chapter for personal injury and property damage liability insurance.
B. Notwithstanding the provisions of subsection A of this section, for an aircraft commonly known as an "ultralight," as the same is now and may hereafter be defined by the Federal Aviation Administration, the proof of financial responsibility required by § 5.1-88.1 may be satisfied by the issuance as to that aircraft of a single limit insurance policy in the sum of $100,000 covering bodily injury and property damage liability in any one accident, that is issued by an insurance company licensed to write such insurance in this Commonwealth or written pursuant to Chapter 48 (§ 38.2-4800 et seq.) of Title 38.2.
§ 5.1-113. Duration of certificates, registrations, etc.; suspension, revocation, or amendment; penalties.
Certificates, permits, registrations, and licenses issued under the provisions of this chapter shall be effective from the dates specified therein and shall remain in effect until terminated as herein provided. The Commission may at any time, by its order duly entered after hearing held after notice to the holder of any such certificate, permit, registration, or license and an opportunity to such holder to be heard at which it shall be proved that such holder has willfully made any misrepresentation of a material fact in obtaining such certificate, permit, registration, or license, or has willfully violated or refused to observe the laws of this Commonwealth touching such certificate, permit, registration, or license, or any of the terms of his certificate, permit, registration, or license, or any of the Commission's proper orders, rules, or regulations, impose a penalty not exceeding $1,000, which may be collected by the process of the Commission as provided by law; or the Commission may suspend, revoke, alter, or amend any such certificate, permit, registration, or license for any of the causes set forth above. But no such certificate, permit, registration, or license shall be revoked, altered, or amended (except upon application of the holder thereof) unless the holder thereof shall willfully fail to comply, within a reasonable time to be fixed by the Commission, with the lawful order of the Commission or with the lawful rule or regulation of the Commission, or with the term, condition, or limitation of such certificate, permit, registration, or license, found by the Commission to have been violated by such holder.
Proceedings for the imposition of any penalty provided for in this section may be commenced upon the complaint of any person or upon the Commission's own initiative.
From any order of the Commission suspending, revoking, altering or amending any certificate, permit, registration, or license, the holder thereof shall have the right of appeal to the Supreme Court of Virginia, as a matter of right, as in other cases of appeals from the Commission.
§ 5.1-150. Licenses, registrations, taxes, etc., not affected.
Nothing in this chapter shall be construed to relieve any person from the payment of any licenses, registration fees, taxes, or levies now or hereafter imposed by law.