Chap. 463.—An ACT to promote the safety of aircraft passengers; to provide
for the licensing and inspection of aircraft and the licensing of aircraft
pilots; to authorize the State corporation commission to promulgate rules
and regulations governing the operation of aircraft: and to provide for the
issuance of permits tor the estab!ishment of airports; and to provide for the
supervision of said airports; and fixing penalties for the violations of this
act. [H B 338]

Approved March 26, 1928

1. Be it enacted by the general assembly of Virginia as follows:

1. Definition of terms.—In this act aircraft means any contrivance
now known or hereafter invented, used or designed for navigation of
or flight in the air, except a parachute or other contrivance designed for
such navigation but used primarily as safety equipment. The term
“public aircraft”? means an aircraft used exclusively in the service of
the State or federal government. The term “civil aircraft” means any
aircraft other than a public aircraft. The term “airman” means any
individual, including the person in command and any pilot, mechanic
or member of the crew who engages in the navigation of aircraft while
underway, and any individual who is in charge of the inspection, over-
hauling or repairing of aircraft.

2. Power to regulate—The State corporation commission shall
administer the provisions of this act and for such purpose is authorized
to promulgate such rules and regulations relating to air traffic, con-
struction and inspection of airships, qualification and licensing of air
pilots, stunt flying, and such other kindred matters and things as the
said commission may deem proper and necessary to promote and
develop safe traffic by aircraft; provided such rules and regulations
shall conform to and coincide with, so far as possible, the provisions
of the air commerce act of nineteen hundred and twenty-six, and
amendments thereto, passed by the congress of the United States and
air trafic regulations and air traffic rules issued pursuant thereto by
the department of commerce.

3. No civil aircraft shall be flown in this State unless such aircraft
is licensed as provided by section five of this act; or shall have been
licensed under federal law.

4. No person shall act as an airman of any civil aircraft when such
aircraft is flown or operated in this State until he shall have obtained
a license as provided in section six of this act or shall have been licensed
under federal law.

5. The State corporation commission shall provide for the issuance
and expiration, and for the suspension and revocation of licenses of
civil aircraft in accordance with regulations promulgated by it.

6. The State corporation commission shall provide for the issuance
and expiration, and for the suspension and revocation, of a license as
airman to persons applying therefor in accordance with regulations
promulgated by it.

‘7. The provisions of this act shall not apply to public aircraft
owned by the government of the United States or the State of Virginia.

8. It shall be unlawful for any person, firm or corporation to estab-
lish, maintain, operate or conduct any airport or landing field for the
landing or departure of any civil aircraft engaged in commercial
aviation until a permit therefor shall be issued by the State corpora-
tion commission. Before issuing such permit the said State corpora-
tion commission shall investigate the location of such airport with rela-
tion to its proximity to any other airport and provisions made for the
safety of aircraft alighting thereon or departing therefrom; and if the
said proposed airport shall be so situated as to endanger aircraft using
the same or any other airport in close proximity, or proper provisions
have not been made in other respects for the safety of aircraft alighting
thereon or departing therefrom, the said permit shall not be granted;
provided further, any interested party aggrieved by the granting or
refusal of any such permit shall have an appeal as of right to the
supreme court of appeals of Virginia, which shall hear and determine
the case in the same manner appeals are now heard from the action of
the said commission on applications to operate motor busses for trans-
portation of passengers or freight.

9. Any person violating any of the provisions of this act, or
violating any of the rules or regulations promulgated pursuant to the
provisions hereof by the State corporation commission, shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by fine
of not more than one-hundred dollars or imprisonment in jail not
exceeding one month, or both, in the discretion of the judge or jury
trying the case; provided that any person, firm or corporation estab-
lishing or conducting an airport without first obtaining a permit as
provided in section eight hereof shall, upon conviction, be fined not
less than one hundred nor more than five hundred dollars for each
offense and each day that the said airport may be conducted without
said permit shall be construed as a separate offense.