Creation. The Alabama Department of Aeronautics was initially established in 1935 as the Alabama Aviation Commission by Act 492 of the 1935 Legislature. In 1945 the Commission was enlarged and changed to the Alabama Department of Aeronautics by Act 402 of the 1945 Legislature. By authority of the Alabama Aeronautics Department Act of 1945 the Department has general supervision over all phases of aeronautics within the state, and is authorized to approve sites for airports and restricted landing areas and to license airports, restricted landing areas and other air navigation facilities in accordance with rules and regulations of the Commission, and to renew such license annually. All rules and regulations prescribed by the Commission under the authority of this Act shall be kept in conformity as nearly as may be, with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder, and with such rules and standards as may be issued from time to time pursuant thereto. No rule or regulation of the Commission shall apply to aeronautical facilities owned or operated by the federal government. To carry out the provisions of this Act, the Commission, any member, director, officer or employee thereof and any state or municipal officers charged with the duty of enforcing this Act may inspect and examine at reasonable hours any premises and the buildings and other structures thereon, where airports, restricted landing areas, air schools, flying clubs or the air navigation facilities exist or where aeronautical activities are operated or carried on. Sovereignty of space above the lands and waters of this state is declared to be vested in the state to the exclusion of any and all governments whatsoever. It is declared that the use of such space for the operation of aircraft in the transportation of persons and of property is affected with the public interest and that such use should be effectively regulated in all its phases relating to the public interests.
Author:
Statutory Authority: Code of Ala. 1975, §§ 4-2-1, et seq.
History: Filed October 1, 1982.
Ala. Admin. Code r. 450-9-1-.01