Violation of federal registration provisions - aircraft identification - fuel tanks.

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(1) It is unlawful for any person, firm, association, or corporation in this state to knowingly possess an aircraft that is not registered in accordance with the regulations of the federal aviation administration contained in Title 14, chapter 1, parts 47-49 of the Code of Federal Regulations in effect on July 1, 1988.

  1. (a) It is unlawful for any person, firm, association, or corporation to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or possess, or to endeavor to buy, sell, offer for sale, receive, dispose of, conceal, or possess, any aircraft or part thereof on which the assigned aircraft identification numbers do not meet the requirements of the federal aviation regulations specified in subsection (1) of this section.

(b) The failure to have the assigned aircraft identification numbers clearly displayed on the aircraft and in compliance with federal aviation regulations is probable cause for any law enforcement officer in this state to make further inspection of the aircraft in question to ascertain its true identity. A law enforcement officer is authorized to inspect an aircraft for identification numbers:

  1. When it is located on public property; or

  2. Upon consent of the owner of the private property on which the aircraft is stored.

  1. It is unlawful for any person, firm, association, or corporation to knowingly possessany aircraft in or operated in this state that is found to be registered to a nonexistent person, firm, association, or corporation or to a firm, association, or corporation which is no longer a legal entity. Any firm, association, or corporation that has no physical location or corporate officers or that has lapsed into an inactive state or been dissolved for a period of at least ninety days with no documented attempt to reinstate the firm, association, or corporation or to register its aircraft in the name of a real person or legal entity in accordance with federal aviation administration regulations specified in subsection (1) of this section is in violation of this section.

  2. It is unlawful for any person, firm, association, or corporation to knowingly supplyfalse information to a governmental entity with respect to the name, address, business name, or business address of the owner of an aircraft in or operated in this state.

  3. It is unlawful for any person, firm, association, or corporation to knowingly supplyfalse information to any governmental entity with respect to ownership by it or another person, firm, association, or corporation of an aircraft in or operated in this state if it is determined that such person, firm, association, or corporation:

  1. Is not, or has never been, a legal entity in this state;

  2. Is not, or has never been, a legal entity in any other state; or

  3. Has lapsed into a state of no longer being a legal entity in this state and no documented attempt has been made to correct such information with the governmental entity for a period of ninety days after the date on which such lapse took effect.

  1. It is unlawful for any person, firm, association, or corporation to install, maintain, orpossess any aircraft which has been equipped with, or had installed in its wings or fuselage, fuel tanks, bladders, drums, or other containers which will hold fuel if such fuel tanks, bladders, drums, or other containers do not conform to federal aviation administration regulations or have not been approved by the federal aviation administration by inspection or special permit. This subsection (6) applies to any pipes, hoses, or auxiliary pumps which when present in the aircraft could be used to introduce fuel into the primary fuel system of the aircraft from such tanks, bladders, drums, or containers.

  2. This section does not apply to any aircraft registration or information supplied by agovernmental entity in the course and scope of performing its lawful duties.

  3. Any aircraft knowingly used in violation of this section shall be deemed a class 1 public nuisance as provided in section 16-13-303 (1)(h.6), C.R.S., and shall be subject to the provisions relating thereto.

Source: L. 91: Entire article added, p. 1051, § 3, effective July 1.


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