Ohio Administrative Code Title 5501:1 - Division of Aviation
Key Provisions of OAC Title 5501:1
1. Rule 5501:1-1-01 – Definitions
This rule provides essential definitions pertinent to aviation operations in Ohio, including:
Commercial Purposes: Airports, heliports (excluding medical use), and seaplane bases that conduct repeated flights for compensation, student training for hire, or offer other aviation services for compensation.
Non-commercial Purposes: Airports, heliports (excluding medical use), and seaplane landing sites used exclusively by the owner and authorized individuals.
Medical Use Heliports: Heliports used exclusively for emergency and medical purposes, located at hospitals, clinics, or other medical facilities, regardless of any compensation charged or paid for such use.
2. Rule 5501:1-7-01 – Penalties for Violation of Aviation Rules
This rule stipulates that any violation of the rules concerning the establishment, certification, approval, or operation of aviation facilities—such as airports, heliports, seaplane landing sites, landing fields, or landing areas—may result in:
Suspension, Cancellation, or Revocation: Of any certificate of approval issued by the Office of Aviation, as per Ohio Revised Code §4561.11.
Additional Penalties: Other penalties provided by law may also apply.
3. Rule 5501:1-10-13 – Enforcement Procedures; Violations
This rule outlines the enforcement procedures for violations of aviation statutes, rules, orders, and permits:
Delegation of Responsibility: The Director of the Department of Transportation delegates responsibility to the Administrator of the Office of Aviation to determine whether violations have occurred or are threatened.
Investigation: The Office of Aviation shall investigate violations or threats of violations.
Actions for Unpermitted Structures: If the Administrator believes that a person is commencing to install a structure or object of natural growth requiring a permit but for which no application has been filed, the Administrator may:
Notification: Notify the person to appear at a hearing and show cause why a permit is not needed or why an order should not be issued to cease and desist from such violation.
Immediate Action: When immediate action is needed, institute an action in a court of competent jurisdiction to prevent, restrain, correct, or abate any violation or threatened violation of specific sections of the Ohio Revised Code or any rule adopted or order issued thereunder.
Case Law and Enforcement
While specific case law directly interpreting OAC Title 5501:1 is limited, the enforcement provisions outlined in Rule 5501:1-10-13 provide a framework for addressing violations. For instance, if an individual or entity operates an aviation facility without the necessary permits or violates established safety standards, the Office of Aviation has the authority to take corrective actions, including legal proceedings, to ensure compliance.
Practical Implications
Compliance: Aviation facility operators must adhere to the regulations set forth in OAC Title 5501:1 to avoid penalties and ensure the safety and legality of their operations.
Permit Requirements: Before establishing or modifying aviation facilities, obtaining the necessary permits from the Office of Aviation is crucial.
Enforcement Actions: The Office of Aviation actively monitors compliance and is authorized to take enforcement actions against violators, including legal proceedings.
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