Section 422:22 Exceptions.
No provision of this chapter relating to registration by the department shall be so construed as to require:
I. The registration of nonresident aircraft, or nonresident air carriers engaged exclusively in air commerce constituting an act of interstate or foreign commerce.
II. The registration of any airport owned or operated by the government of the United States.
III. The registration of an aircraft which has been licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of such licensed aircraft, provided that such an operation does not constitute an act of air commerce.
IV. The registration of an aircraft which is owned by a nonresident of this state who is lawfully entitled to operate such aircraft in the state, district or country of his or her residence, provided that said state, district or country grants like privileges to residents of this state, and that such an operation does not constitute an act of air commerce, and provided that said aircraft is not located in this state more than 90 days cumulatively each registration year. Rental of a hangar space, tie down, or other means of storage in this state by a nonresident for more than 90 days cumulatively each registration year shall create a rebuttable presumption that such aircraft must be registered in this state.
V. The registration of an aircraft owned by a resident of this state which aircraft is based in another state having state registration requirements, provided such aircraft shall be in fact registered in such other state, and provided such aircraft shall not be used commercially within this state and further provided that a registration waiver is obtained from the department.
VI. The registration of an aircraft owned by a resident of this state which is in an unflyable condition and which will remain in such condition throughout the registration year:
(a) If a request for waiver of registration for the aircraft is submitted in writing to the department; and
(b) If the department finds the information in the request is sufficient justification for department approval of a waiver of registration.
Source. 2002, 6:1, eff. July 1, 2002.