New Hampshire Code of Administrative Rules Tra-A - Division of Aeronautics
Overview: New Hampshire Code of Administrative Rules — Tra-A (Division of Aeronautics)
The Tra-A rules are part of New Hampshire’s administrative code governing aeronautics—the regulation of aircraft and aviation-related activities within the state. The Division of Aeronautics, under the New Hampshire Department of Transportation, administers these rules to promote safe and efficient use of airspace, registration of aircraft, development of airports, and enforcement of aeronautical laws.
Key Provisions of Tra-A Rules
1. Aircraft Registration
Mandatory registration: All aircraft owned by New Hampshire residents or based in New Hampshire must be registered with the Division of Aeronautics.
Registration process: Owners must submit an application, proof of ownership (e.g., bill of sale), and pay applicable fees.
Registration certificate: Upon approval, the Division issues a certificate that must be carried on the aircraft.
Revocation: Registration can be revoked if false statements are made or if regulations are violated.
2. Enforcement and Penalties
The Division can conduct inspections and investigations.
Violations of rules may result in penalties, including fines and revocation of registration or operating privileges.
Administrative hearings provide owners with due process rights before enforcement actions are finalized.
3. Airport and Navigational Aid Development
The Division supports and oversees the construction and maintenance of public airports.
Ensures compliance with safety standards for navigational aids and airport operations.
4. Promotion and Education
Encourages public awareness and education about aviation safety and benefits.
Supports training programs for pilots and airport personnel.
Legal Authority and Judicial Review
The Division of Aeronautics derives its authority from New Hampshire Revised Statutes Annotated (RSA) Chapter 422, which grants the Department of Transportation powers to regulate aviation activities, including aircraft registration and safety enforcement.
The New Hampshire Code of Administrative Rules (Tra-A) supplements this statutory authority by setting forth detailed regulations.
Case Law Principles Relevant to Tra-A
While there are limited specific cases on Tra-A rules, several judicial principles apply to administrative agencies like the Division of Aeronautics, especially regarding rule enforcement and registration:
1. Deference to Administrative Agencies
Courts generally defer to an agency’s interpretation of statutes and rules it administers unless that interpretation is unreasonable or contrary to law.
For example, in cases interpreting similar administrative codes, New Hampshire courts have applied the Chevron deference principle, meaning courts uphold reasonable agency interpretations even if the court might have decided differently.
2. Due Process in Administrative Actions
Individuals affected by administrative actions (e.g., registration revocation) are entitled to due process under both federal and state constitutions.
This includes notice of the alleged violation, the opportunity for a hearing, and the right to present evidence.
Courts have overturned agency actions where due process was lacking or hearings were unfair.
3. Judicial Review of Agency Decisions
Courts review whether the agency acted within its statutory authority and whether its decision was supported by substantial evidence.
For example, in disputes about aircraft registration revocation, courts examine whether the Division followed its own rules and whether evidence justified the revocation.
Courts also review if the agency’s decision was arbitrary or capricious, in which case it may be invalidated.
4. Case Example (Hypothetical Based on General Administrative Law Principles)
Suppose a pilot’s aircraft registration was revoked due to alleged false information in the application.
The pilot challenges the revocation, arguing the Division failed to provide proper notice and an opportunity to contest the allegations.
The court would assess whether the agency’s procedures complied with due process.
If the court finds due process violations, it may order reinstatement or a new hearing.
Summary
The Tra-A rules provide a comprehensive framework for regulating aviation in New Hampshire through the Division of Aeronautics.
These rules cover aircraft registration, enforcement, airport development, and promotion of aviation safety.
The Division’s actions are subject to statutory authority and administrative law principles including due process and judicial review.
Courts will generally uphold agency decisions if they are reasonable, supported by evidence, and procedurally fair.
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