S.C. Code § 55-5-10
Short title
This chapter may be cited as "The State Aeronautical Regulatory Act".
South Carolina Code Title 55, Chapter 5 — State Aeronautical Regulatory Act
South Carolina · statute · S.C. Code tit. 55, ch. 5 · 19 active provisions
Provisions
S.C. Code § 55-5-50
Executive director of aeronautics and other employees
Notwithstanding another provision of law, the division shall employ an executive director of aeronautics in accordance with the provision contained in Section 13-1-1050 and 13-1-1080 and other employees necessary for the proper transaction of the division's business.
S.C. Code § 55-5-70
Promotion and maintenance of air commerce and aeronautical activities; authority to promulgate regulations
The division shall promote and foster air commerce within the State and the division shall have an interest in the maintenance and enhancement of the aeronautical activities and facilities within the State. The division shall adopt reasonable rules and promulgate regulations as it may deem necessary and advisable, in c…
S.C. Code § 55-5-71
Written approval by division of restricted use airport; considerations
It is unlawful for a restricted use airport, or other air navigation facility within three nautical miles of a public use facility to be used or operated without the written approval of the division. This approval must be based upon consideration of aviation safety, including a location that would constitute a collisio…
S.C. Code § 55-5-72
Written approval by division of plans for construction of or additions to public airport; exceptions
Except as provided in this section, no airport open for public use shall be constructed in this State unless the master plan study, or airport layout plan, or the construction plans and specifications for such airport or landing strip have been approved in writing by the division. No additions shall be made to any exis…
S.C. Code § 55-5-73
Approved and filed plan required for obtaining airport construction funding
No state airport construction funding or funding from the State Aviation Fund shall be provided to an airport unless it has an airport layout plan and construction plan approved by, and on file with the division at the time the request for funding is made.
S.C. Code § 55-5-80
Responsibility and authority of the division
(A) The division shall have a seal and shall adopt rules and promulgate regulations for its administration, not inconsistent, as it considers necessary. It may amend its rules and regulations and shall adopt reasonable rules and promulgate regulations as it considers necessary and advisable for the public safety and th…
S.C. Code § 55-5-110
Burden of proof in criminal prosecution of proper license
In any criminal prosecution under any of the provisions of this chapter a defendant who relies for his justification upon a license of any kind shall have the burden of proving that he is properly licensed or is the possessor of a proper license, as the case may be, and the fact of nonissuance of such license may be ev…
S.C. Code § 55-5-150
Closing an airport or runway for imminent danger to aircrafts; mediation to resolve disputes
(A) The division may close, order closure, or approve closure of an airport, airport runway, or any portion of one only when a condition exists on the airport property that constitutes an imminent and substantial endangerment to aircraft operations and aviation safety, and the condition remains unabated after notice to…
S.C. Code § 55-5-160
Testimony obtained during investigations; employees not required to testify
Except as otherwise provided in this chapter, in order to facilitate the making of investigations by the division, in the interest of the public safety and the promotion of aeronautics, the public interest requires and it is therefore provided that the reports of investigations or hearings, or any part thereof or any t…
S.C. Code § 55-5-180
Public inspection of rules and regulations; annual reports
The division shall keep on file with the Secretary of State and at the principal office of the division for public inspection a copy of all its rules and regulations. On or before December thirty-first, in each year, the division shall make to the Governor a full report of its proceedings for the year ending December f…
S.C. Code § 55-5-190
Enforcement of chapter; public departments to cooperate
The division, its members and employees and every county and municipal officer charged with the enforcement of state and municipal laws shall enforce and assist in the enforcement of this chapter. The division also may in the name of the State enforce the provisions of this chapter by injunction in the circuit courts o…
S.C. Code § 55-5-210
Reasons for certain orders to be stated
In any case in which the division issues an order pursuant to applicable law, including the South Carolina Administrative Procedures Act, Section 1-23-10, et seq., rules and regulations or policy and procedures as documented for public review, the division shall set forth findings of fact and conclusions of law, separa…
S.C. Code § 55-5-220
Service of orders
Any order made by the division pursuant to this title shall be served upon the interested person by registered mail or in person before such order shall become effective.
S.C. Code § 55-5-230
Appeal from orders
A person against whom an order is entered may appeal within thirty days after the service to the Administrative Law Court as provided in Sections 1-23-380 and 1-23-600(D) for the purpose of having the reasonableness or lawfulness of the order inquired into and determined.
S.C. Code § 55-5-240
Procedure on appeal
The person taking the appeal shall file the notice of appeal in the office of the clerk with the Administrative Law Court and serve a copy on the director or his designee and all other parties of record. Upon appellate review, the administrative law judge shall enter an order either affirming or setting aside the order…
S.C. Code § 55-5-260
Penalties
(A) A person failing to comply with the requirements of this chapter or the rules and regulations of this chapter is subject to a civil penalty of two thousand dollars per violation. (B) A person who wilfully or intentionally violates a provision of this chapter or the rules and regulations for the enforcement of this…
S.C. Code § 55-5-270
Application and exceptions
The terms and provisions of this chapter shall apply to all civil aircraft that are not required to have an airworthiness certificate issued by the Federal Aviation Administration or its foreign counterpart unless the aircraft is engaged in private flight operations substantially similar to those conducted by civil air…
S.C. Code § 55-5-280
State Aviation Fund
(A)(1) All monies received from licensing of airports, landing fields, or funds appropriated for aviation grants, the tax on aviation fuel, and fees for other licenses issued under this chapter must be paid into the State Treasury and credited to the fund known as the "State Aviation Fund". (2) The fund also may receiv…