2001 Montana Legislature

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HOUSE BILL NO. 86

INTRODUCED BY T. SCHMIDT



A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING AN AIRCRAFT OWNED BY A LIMITED LIABILITY COMPANY TO BE PERMANENTLY GARAGED IN MONTANA IN ORDER TO BE REGISTERED IN MONTANA; AND AMENDING SECTION 67-3-201, MCA."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 67-3-201, MCA, is amended to read:

     "67-3-201.  Aircraft registration and licensing required. (1) Except as provided in 67-3-102 and in subsection (6) of this section, a person may not operate or cause or authorize to be operated authorize the operation of a civil aircraft within this state unless the aircraft has an appropriate effective registration, license, certificate, or permit issued or approved by the United States government which that has been registered with the department and the registration with the department is in force.

     (2)  Aircraft customarily kept in this state must be registered on or before March 1 of each year with the department, which must shall charge a fee therefor according to the fee schedule in 67-3-206. The registration must be renewed annually on or before March 1 each year.

     (3)  Section 67-3-202 and subsections (2) and (4) through (6) of this section do not apply to:

     (a)  aircraft owned and operated by the federal government, the state, or any political subdivision thereof of the federal government or the state;

     (b)  aircraft owned and held by an aircraft dealer solely for the purpose of resale;

     (c)  aircraft operated by an airline company and regularly scheduled for the primary purpose of carrying persons or property for hire in interstate or international transportation; or

     (d)  dismantled or otherwise nonflyable aircraft.

     (4)  An aircraft must be registered in a particular county of the state. This county must be the county of the owner's principal residence, if the owner is a natural person, or the owner's principal place of doing business in the state, if the owner is not a natural person. However, if the owner declares by affidavit that the aircraft is customarily kept at a landing facility in another county within the state, he the owner may register the aircraft as property within such the other county.

     (5)  Aircraft not registered in the state but entering the state to engage in commercial operations shall must be registered prior to commencing operation.

     (6)  Owners of ultralight aircraft for which no an appropriate effective license, certificate, or permit is not issued by the United States government shall pay the fee required in 67-3-206 and file with the department an appropriate registration recognized and approved by the United States government.

     (7) An aircraft owned by a limited liability company organized under Title 35, chapter 8, may not be registered in this state unless the aircraft is principally garaged or parked at a landing facility within the state."

- END -




Latest Version of HB 86 (HB0086.01)
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